Senate Bill S3783

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3783--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced by Sens. HASSELL-THOMPSON, HUNTLEY, PERKINS -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Civil Service and Pensions -- recommitted to the  Committee  on  Civil
  Service  and  Pensions  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the civil service law, in relation to appointments from
  eligible lists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4 of section 23 of the civil service law, as
amended by chapter 403 of the laws  of  2011,  is  amended  to  read  as
follows:
  4.  Use of state and county eligible lists by municipal commissions. A
municipal commission, in the absence of an eligible list of its own, may
request the state civil service department, county civil service commis-
sion or county personnel officer to furnish it with the names of persons
on an appropriate eligible list established by the  department,  commis-
sion  or  personnel  officer,  which,  if  so requested by the municipal
commission, shall be limited to residents of the city, or town or  civil
division  in  which  appointments are to be made, or to residents of the
county or judicial district in which such city, town or  civil  division
is  located,  or to any reasonable combination of political subdivisions
both in and outside of New York state contiguous to the  city  or  civil
division  in  which appointment is to be made or contiguous to the poli-
tical subdivision in which such  city  or  civil  division  is  located,
except  for  the  position  of  director of facilities I, II, & III of a
school district located within the state which shall use the list devel-
oped pursuant to subdivision five of section seventeen of this  chapter.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICI-
PAL  COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO
THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND  NON-
RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN
OF  THE  EXECUTIVE  LAW,  AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03056-02-2

S. 3783--A                          2

WORKFORCE. Such municipal commission may certify such names for appoint-
ment to a position under its jurisdiction in the same manner as  certif-
ications  are  made  from  the eligible lists of such commission. If the
state civil service department, county civil service commission or coun-
ty personnel officer, upon the request of such commission, has certified
an  appropriate  eligible  list to fill a particular position, such list
shall continue to be used until superseded by an  eligible  list  estab-
lished  by  such  municipal  commission for such position, or until such
list expires or is exhausted or is otherwise terminated.
  S 2. Subdivisions 1 and 2 of section 56 of the civil service  law,  as
amended  by  chapter  411  of  the  laws of 1993, are amended to read as
follows:
  1. The duration of an eligible list shall be fixed at  not  less  than
one nor more than four years; provided that, except for lists promulgat-
ed  for police officer positions in jurisdictions other than the city of
New York, in the event that a restriction against the filling of  vacan-
cies  exists  in any jurisdiction, the state civil service department or
municipal commission having jurisdiction shall, in the discretion of the
department or commission, extend the duration of any eligible list for a
period equal to the length of such restriction against  the  filling  of
vacancies.   Restriction against the filling of vacancies shall mean any
policy, whether by executive order or otherwise,  which,  because  of  a
financial  emergency,  prevents  or limits the filling of vacancies in a
title for which a list has been promulgated.   PROVIDED,  HOWEVER,  THAT
NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING
ALTERNATE  LISTS,  INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE
FILLING OF VACANCIES BY BOTH RESIDENT AND  NON-RESIDENT  MINORITY  GROUP
MEMBERS,  AS  DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW,
AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE  WORKFORCE.  An  eligible
list  that  has  been  in existence for one year or more shall terminate
upon the establishment of an  appropriate  new  list,  unless  otherwise
prescribed by the state civil service department or municipal commission
having jurisdiction.
  2.  Notwithstanding  subdivision  one of this section, the duration of
eligible lists established on or before December thirty-first,  nineteen
hundred  ninety-six,  shall  be fixed at not less than one nor more than
four years; provided that, except for lists promulgated for police offi-
cer positions in jurisdictions other than the city of New York,  in  the
event  that a restriction against the filling of vacancies exists in any
jurisdiction, the state civil service department or municipal commission
having jurisdiction shall,  in  the  discretion  of  the  department  or
commission,  extend  the duration of any such eligible list for a period
equal to the length of such restriction against the  filling  of  vacan-
cies.  Restriction against the filling of vacancies shall mean any poli-
cy, whether by executive order or otherwise, which  prevents  or  limits
the  filling  of  vacancies  in  a  title for which such a list has been
promulgated. PROVIDED, HOWEVER,  THAT  NOTHING  CONTAINED  HEREIN  SHALL
PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT
NOT  LIMITED  TO  THE  COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH
RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY  SECTION
THREE  HUNDRED  TEN  OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE
DIVERSITY IN THE WORKFORCE. An eligible list that has been in  existence
for one year or more shall terminate upon the establishment of an appro-
priate  new list, unless otherwise prescribed by the state civil service
department or municipal commission having jurisdiction.
  S 3. This act shall take effect immediately.