Senate Bill S4249A

2011-2012 Legislative Session

Requires members of a fire department in a city with a population of one million or more to reside in the city

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2012	print number 4249a
Feb 01, 2012	amend and recommit to investigations and government operations
Jan 04, 2012	referred to investigations and government operations
Mar 25, 2011	referred to investigations and government operations

Bill Amendments

2011-S4249 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in 2013-2014 Legislative Session:: S2424

2011-S4249 - Summary

Requires members of a fire department in a city with a population of one million or more to reside in the city.

2011-S4249 - Sponsor Memo

                                BILL NUMBER:S4249

TITLE OF BILL:
An act
to amend the public officers law, in relation to residency requirements
for firefighters in a city with a population of one million or more

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
require all members of the uniformed force of the fire department to
reside in New York City for a year prior to the date of appointment
and throughout the duration of their service.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Subdivision 9 of section 3 of
the public officers law, as amended by chapter 209 of the laws of
2006, is amended to read as follows:

Beginning January first, two thousand eleven no person shall be
appointed a paid member of the uniformed force of a paid fire
department in a city with a population of one million or more that
does not reside in the political subdivision or municipal corporation
of the state for which he or she shall be chosen for one year prior
to being appointed and continues to reside therein.

JUSTIFICATION:

This legislation will address the appalling lack of
diversity in the New York City Fire Department, and the refusal of
the city to comply with a federal court decision to remedy the impact
of racially discriminatory entrance requirements and past practices.

Currently, firefighters can reside in one of the five boroughs of New
York City or in the counties of Nassau, Suffolk, Westchester,
Rockland, Orange or Putnam. This bill would impose a mandatory
residency requirement for all new entry-level firefighters and
require all interested applicants to be residents of New York City
for at least one year prior to appointment and city residency
thereafter for the duration of service.

The black and Latino communities make up more than half the total
population of the City of New York. Yet, the fire department is more
than ninety percent white male. In contrast, more than half of the
firefighters in Chicago and Philadelphia, and 40 percent of the
firefighters in Boston are comprised of people of color. Unlike New
York, stringent residency requirements exist in these other cities.

In August, Federal District Court Judge Nicholas Garaufis ruled that
the FDNY entrance exam was unfairly biased against minority
candidates and does not successfully establish a difference between
qualified and unqualified candidates. The decision would permit the
city to do interim hiring as long as it was done in a
non-discriminatory manner. However the city rejected the proposal,
deeming it to be inappropriately race-based.

The workforce of the fire department should be reflective of the
tremendous racial and ethnic diversity in New York City. Instead, the


fire department remains an institution largely unavailable to the
black, Latino and Asian communities. A New York City-based residency
requirement will increase diversity in the FDNY, while accomplishing
this objective in a lawful and race-neutral fashion.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
January 1, 2012.

2011-S4249 - Bill Text download pdf

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

                                  4249

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the  public  officers  law,  in  relation  to  residency
  requirements  for  firefighters  in  a  city  with a population of one
  million or more

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

  Section  1.  Subdivision 9 of section 3 of the public officers law, as
amended by chapter 209 of the laws  of  2006,  is  amended  to  read  as
follows:
  9. Neither the provisions of this section, nor of any general, special
or  local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident  of  the  political  subdivision  or
municipal  corporation  of the state for which he or she shall be chosen
or within which his or her official functions are required to  be  exer-
cised,  shall  apply  to the appointment ON OR BEFORE JANUARY FIRST, TWO
THOUSAND TWELVE of a paid member of the uniformed force of a  paid  fire
department,  who,  for  purposes  of  this section shall include persons
employed as fire alarm dispatchers, or to the appointment of any  person
employed in a department of correction in the correction service classi-
fication of the classified civil service, or to the appointment of offi-
cers  and  inspectors who are employees of a department of health of any
city of over one million population who resides (a)  in  the  county  in
which  such city is located; or (b) in a county within the state contig-
uous to the county in which said city is located; or  (c)  in  a  county
within  the state contiguous to such city; or (d) in a county within the
state which is not more than fifteen miles from said city.
  S 2. Subdivision 19 of section 3 of the public officers law, as  added
by chapter 509 of the laws of 1986, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08899-01-1

S. 4249                             2

  19. Any person who resides in this state and who is currently employed
as a member of the police force, a paid member of the uniformed force of
a paid fire department EMPLOYED ON OR BEFORE JANUARY FIRST, TWO THOUSAND
TWELVE  or department of corrections in the correctional service classi-
fication  of the classified civil service, of a city of over one million
population, shall be exempt from the provisions of subdivisions one, two
and nine of this section upon compliance with the procedure set forth in
this subdivision. Any person  seeking  to  benefit  from  the  exemption
created  by  this  subdivision  shall  notify his respective employer in
writing of said intention within thirty days from the effective date  of
this  subdivision  and shall specify his then current residence address.
The exemption created by this subdivision shall be  applicable  only  to
said  actual  designated  residence  and  not  to any residence that any
subject currently employed member may  thereafter  establish;  provided,
however,  that  any  such  currently employed member who resides outside
this state shall have one year from the effective date of this  subdivi-
sion  within which to establish residence as required pursuant to subdi-
visions one, two and nine of this section and  comply  with  the  notice
requirements  of  this  subdivision.  Said  residence shall constitute a
lawful residence for all purposes notwithstanding any provision  to  the
contrary of any general, special or local law, charter, code, ordinance,
resolution,  rule or regulation.  SUCH EXEMPTION SHALL NOT APPLY TO PAID
MEMBERS OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT IN A CITY  WITH
A  POPULATION  OF  ONE MILLION OR MORE AFTER JANUARY FIRST, TWO THOUSAND
TWELVE.  BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN NO PERSON SHALL BE
APPOINTED A PAID MEMBER OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT
IN A CITY WITH A POPULATION OF ONE MILLION OR MORE THAT DOES NOT  RESIDE
IN  THE  POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR
WHICH HE OR SHE SHALL BE CHOSEN FOR ONE YEAR PRIOR  TO  BEING  APPOINTED
AND CONTINUES TO RESIDE THEREIN.
  S  3. Subdivision 5 of section 30 of the public officers law, as sepa-
rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
to read as follows:
  5. Neither the provisions of this section, nor of any general, special
or  local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local  office  of  a  political  subdivision  or
municipal  corporation  if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall  apply  in
the case [of a paid member of the uniformed force of a paid fire depart-
ment,  who,  for purposes of this section shall include persons employed
as fire alarm dispatchers, or in the case] of a  person  employed  in  a
department  of  correction  in  the correction service of the classified
civil service, or in the case of a member of the department  of  sanita-
tion  of any political subdivision or municipal corporation who has five
or more years of service, or in the  case  of  officers  and  inspectors
employed  in  a department of health of a city of over one million popu-
lation who resides (a) in the county in which said city is  located;  or
(b)  in a county within the state contiguous to the county in which said
city is located; or (c) in a county within the state contiguous to  such
city; or (d) in a county within the state which is not more than fifteen
miles  from said city; or (e) in a county within the state contiguous to
a county described in item (d) hereof where  the  former  is  less  than
thirty  miles  from such political subdivision or municipal corporation,
measured from their respective nearest boundary lines.
  S 4. This act shall take effect January 1, 2012.

2011-S4249A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§3 & 30, Pub Off L
Versions Introduced in 2013-2014 Legislative Session:: S2424

2011-S4249A (ACTIVE) - Summary

Requires members of a fire department in a city with a population of one million or more to reside in the city.

2011-S4249A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4249A

TITLE OF BILL:
An act
to amend the public officers law, in relation to residency requirements
for firefighters in a city with a population of one million or more

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require all members of the uniformed
force of the. fire department to reside in New York City for a year
prior to the date of appointment and throughout the duration of their
service.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Subdivision 9 of section 3 of the public officers law, as
amended by chapter 209 of the laws of 2006, is amended to read as
follows:

Beginning January first, two thousand eleven no person shall be
appointed a paid member of the uniformed force of a paid fire
department in a city with a population of one million or more that
does not reside in the political subdivision or municipal corporation
of the state for which he or she shall be chosen for one year prior
to being appointed and continues to reside therein.

JUSTIFICATION:

This legislation will address the appalling lack of diversity in the
New York City Fire Department, and the refusal of the city to comply
with a federal court decision to remedy the impact of racially
discriminatory entrance requirements and past practices.

Currently, firefighters can reside in one of the five boroughs of New
York City or in the counties of Nassau, Suffolk, Westchester,
Rockland, Orange or Putnam. This bill would impose a mandatory
residency requirement for all new entry-level firefighters and
require all interested applicants to be residents of New York City
for at least one year prior to appointment and city residency
thereafter for the duration of service.

The black and Latino communities make up more than half the total
population of the City of New York. Yet, the fire department is more
than ninety percent white male. In contrast, more than half of the
firefighters in Chicago and Philadelphia, and 40 percent of the
firefighters in Boston are comprised of people of color. Unlike New
York, stringent residency requirements exist in these other cities.

In August, Federal District Court Judge Nicholas Garaufis ruled that
the FDNY entrance exam was unfairly biased against minority
candidates and does not successfully establish a difference between
qualified and unqualified candidates. The decision would permit the
city to do interim hiring as long as it was done in a

non-discriminatory manner. However the city rejected the proposal,
deeming it to be inappropriately race-based.

The workforce of the fire department should be reflective of the
tremendous racial and ethnic diversity in New York City. Instead, the
fire department remains an institution largely unavailable to the
black, Latino and Asian communities. A New York City-based residency
requirement
will increase diversity in the FDNY, while accomplishing this
objective in a lawful and race-neutral fashion.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have became
law.

2011-S4249A (ACTIVE) - Bill Text download pdf

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

                                 4249--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  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  public  officers  law, in relation to residency
  requirements for firefighters in a  city  with  a  population  of  one
  million or more

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

  Section 1. Subdivision 9 of section 3 of the public officers  law,  as
amended  by  chapter  209  of  the  laws  of 2006, is amended to read as
follows:
  9. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or  regulation,
requiring  a  person  to  be  a resident of the political subdivision or
municipal corporation of the state for which he or she shall  be  chosen
or  within  which his or her official functions are required to be exer-
cised, shall apply to the appointment ON OR BEFORE  JANUARY  FIRST,  TWO
THOUSAND THIRTEEN of a paid member of the uniformed force of a paid fire
department,  who,  for  purposes  of  this section shall include persons
employed as fire alarm dispatchers, or to the appointment of any  person
employed in a department of correction in the correction service classi-
fication of the classified civil service, or to the appointment of offi-
cers  and  inspectors who are employees of a department of health of any
city of over one million population who resides (a)  in  the  county  in
which  such city is located; or (b) in a county within the state contig-
uous to the county in which said city is located; or  (c)  in  a  county
within  the state contiguous to such city; or (d) in a county within the
state which is not more than fifteen miles from said city.
  S 2. Subdivision 19 of section 3 of the public officers law, as  added
by chapter 509 of the laws of 1986, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD08899-02-1

S. 4249--A                          2

  19. Any person who resides in this state and who is currently employed
as a member of the police force, a paid member of the uniformed force of
a paid fire department EMPLOYED ON OR BEFORE JANUARY FIRST, TWO THOUSAND
THIRTEEN  or department of corrections in the correctional service clas-
sification  of  the  classified  civil  service,  of  a city of over one
million population, shall be exempt from the provisions of  subdivisions
one, two and nine of this section upon compliance with the procedure set
forth  in  this  subdivision.  Any  person  seeking  to benefit from the
exemption created  by  this  subdivision  shall  notify  his  respective
employer in writing of said intention within thirty days from the effec-
tive  date  of this subdivision and shall specify his then current resi-
dence address. The exemption created by this subdivision shall be appli-
cable only to said actual designated residence and not to any  residence
that  any  subject  currently  employed member may thereafter establish;
provided, however, that any such currently employed member  who  resides
outside  this  state shall have one year from the effective date of this
subdivision within which to establish residence as required pursuant  to
subdivisions  one,  two  and  nine  of  this section and comply with the
notice requirements of this subdivision. Said residence shall constitute
a lawful residence for all purposes notwithstanding any provision to the
contrary of any general, special or local law, charter, code, ordinance,
resolution, rule or regulation.  SUCH EXEMPTION SHALL NOT APPLY TO  PAID
MEMBERS  OF THE UNIFORMED FORCE OF A PAID FIRE DEPARTMENT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE AFTER JANUARY  FIRST,  TWO  THOUSAND
THIRTEEN.   BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE NO PERSON SHALL
BE APPOINTED A PAID MEMBER OF THE UNIFORMED FORCE OF A PAID FIRE DEPART-
MENT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE  THAT  DOES  NOT
RESIDE  IN  THE  POLITICAL  SUBDIVISION  OR MUNICIPAL CORPORATION OF THE
STATE FOR WHICH HE OR SHE SHALL BE CHOSEN FOR ONE YEAR  PRIOR  TO  BEING
APPOINTED AND CONTINUES TO RESIDE THEREIN.
  S  3. Subdivision 5 of section 30 of the public officers law, as sepa-
rately amended by chapters 200 and 209 of the laws of 2006,  is  amended
to read as follows:
  5. Neither the provisions of this section, nor of any general, special
or  local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local  office  of  a  political  subdivision  or
municipal  corporation  if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall  apply  in
the case [of a paid member of the uniformed force of a paid fire depart-
ment,  who,  for purposes of this section shall include persons employed
as fire alarm dispatchers, or in the case] of a  person  employed  in  a
department  of  correction  in  the correction service of the classified
civil service, or in the case of a member of the department  of  sanita-
tion  of any political subdivision or municipal corporation who has five
or more years of service, or in the  case  of  officers  and  inspectors
employed  in  a department of health of a city of over one million popu-
lation who resides (a) in the county in which said city is  located;  or
(b)  in a county within the state contiguous to the county in which said
city is located; or (c) in a county within the state contiguous to  such
city; or (d) in a county within the state which is not more than fifteen
miles  from said city; or (e) in a county within the state contiguous to
a county described in item (d) hereof where  the  former  is  less  than
thirty  miles  from such political subdivision or municipal corporation,
measured from their respective nearest boundary lines.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S4249A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S4249 - Details

2011-S4249 - Summary

2011-S4249 - Sponsor Memo

2011-S4249 - Bill Text download pdf

2011-S4249A (ACTIVE) - Details

2011-S4249A (ACTIVE) - Summary

2011-S4249A (ACTIVE) - Sponsor Memo

2011-S4249A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S4249A

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S4249 - Details

2011-S4249 - Summary

2011-S4249 - Sponsor Memo

2011-S4249 - Bill Text download pdf

2011-S4249A (ACTIVE) - Details

2011-S4249A (ACTIVE) - Summary

2011-S4249A (ACTIVE) - Sponsor Memo

2011-S4249A (ACTIVE) - Bill Text download pdf

Comments