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

                                   30

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the civil service law, in relation to establishing the
  qualifications of director of facilities of school  districts  by  the
  department of civil service

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

  Section 1. Section 17 of the civil service law is amended by adding  a
new subdivision 5 to read as follows:
  5. ADMINISTRATION OF CERTAIN DIRECTOR OF FACILITY POSITIONS.  NOTWITH-
STANDING  THE  PROVISIONS  OF THIS SECTION, CHAPTER OR ANY PROVISIONS TO
THE CONTRARY CONTAINED IN ANY  GENERAL,  SPECIAL,  OR  LOCAL  LAWS,  THE
DEPARTMENT  SHALL DEVELOP A STATEWIDE EXAM FOR THE POSITIONS OF DIRECTOR
OF FACILITIES I, II, & III IN SCHOOL  DISTRICTS  THROUGHOUT  THE  STATE.
SUCH  ADMINISTRATION SHALL INCLUDE THE DEVELOPMENT OF ELIGIBILITY CRITE-
RIA FOR EXAMINATION OF POTENTIAL CANDIDATES FOR THE POSITIONS OF  DIREC-
TOR OF FACILITIES I, II, & III BASED ON QUALIFICATIONS AND EXPERIENCE IN
ACCORDANCE WITH SECTION FIFTY OF THIS CHAPTER.
  S  2. The civil service law is amended by adding a new section 17-a to
read as follows:
  S 17-A. PLACEMENT OF CERTAIN DIRECTOR OF SCHOOL FACILITY POSITIONS. 1.
THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE  CONTINUED,  UNINTER-
RUPTED,  ADEQUATE AND EFFICIENT OPERATION OF SCHOOL FACILITIES IS NECES-
SARY FOR THE GENERAL WELFARE OF THE PEOPLE; THAT SUCH ADEQUATE OPERATION
INVOLVES AND REQUIRES PERSONNEL WITH HIGHLY SPECIALIZED ABILITY,  SKILL,
TRAINING, AND KNOWLEDGE; THAT LOCAL CIVIL SERVICE COMMISSIONS MAY DECIDE
TO CLASSIFY SUCH POSITIONS WHERE THEY CONSTITUTE BONA FIDE CIVIL SERVICE
POSITIONS  AS EVIDENCED BY FACTORS INCLUDING ENHANCED PAY, BENEFITS, AND
DIGNITY OF POSITION; THAT WHILE COMPETITIVE EXAMINATION HAS BEEN  DEEMED
PRACTICABLE FOR DIRECTORS OF SCHOOL FACILITIES, TO REQUIRE SUCH EXAMINA-

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

                                                           LBD00894-01-1

A. 30                               2

TION  FOR  VALID  APPOINTMENT  OF  CURRENT LONG-STANDING EMPLOYEES WOULD
IRREPARABLY DISORGANIZE CERTAIN SCHOOL FACILITY OPERATIONS, ENDANGER THE
SAFETY OF STUDENTS, AND INTERRUPT THE CONTINUITY AND EFFECTIVE  PERFORM-
ANCE OF IMPORTANT EDUCATIONAL OPERATIONS.
  2. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY PROVISIONS TO
THE  CONTRARY  CONTAINED  IN  ANY  GENERAL,  SPECIAL, OR LOCAL LAWS, ANY
PERSON HOLDING A PERMANENT COMPETITIVE CLASS APPOINTMENT AS:
  (A) SUPERVISOR OF BUILDINGS AND GROUNDS - ALBANY CITY SCHOOL DISTRICT,
SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES,  DIREC-
TOR  OF  FACILITIES AND TRANSPORTATION, DIRECTOR OF FACILITIES AND OPER-
ATIONS - ALBANY COUNTY;
  (B) SUPERINTENDENT OF BUILDINGS AND GROUNDS - ALLEGANY COUNTY;
  (C) DIRECTOR OF SCHOOL FACILITIES I, II AND III;  DIRECTOR  OF  SCHOOL
FACILITIES AND OPERATIONS III - BROOME COUNTY;
  (D) SUPERINTENDENT OF BUILDINGS & GROUNDS - CATTARAUGUS COUNTY;
  (E) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CAYUGA COUNTY;
  (F) FACILITIES MANAGER - FORESTVILLE SCHOOL, MAINTENANCE AND TRANSPOR-
TATION  MANAGER  -  RIPLEY CSD, SUPERINTENDENT OF BUILDINGS AND GROUNDS,
SUPERINTENDENT  OF  BUILDINGS  AND  TRANSPORTATION  -   DUNKIRK   SCHOOL
DISTRICT,  SENIOR  BUILDING  AND  MAINTENANCE  MECHANIC  - FREDONIA CSD,
DIRECTOR OF FACILITIES AND OPERATIONS AND  SUPERINTENDENT  OF  BUILDINGS
AND GROUNDS - CITY OF JAMESTOWN - CHAUTAUQUA COUNTY;
  (G)  SUPERINTENDENT  OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS
AND GROUNDS - CHEMUNG COUNTY;
  (H) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CHENANGO COUNTY;
  (I) SUPERINTENDENT OF BUILDINGS AND GROUNDS; SUPERINTENDENT OF  BUILD-
INGS  AND  GROUNDS II; SUPERINTENDENT OF BUILDINGS AND GROUNDS I; SUPER-
INTENDENT OF BUILDINGS AND TRANSPORTATION - CLINTON COUNTY;
  (J) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT  OF  BUILDINGS
AND  GROUNDS,  DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - COLUMBIA COUNTY;
  (K) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CORTLAND COUNTY;
  (L) SUPERINTENDENT OF BUILDINGS AND GROUNDS, HEAD CUSTODIAN - FRANKLIN
CSD, MARGARETVILLE CSD & SOUTH KORTWRIGHT CSD - DELAWARE COUNTY;
  (M) DIRECTOR OF FACILITIES AND OPERATIONS I, II, III - DUTCHESS  COUN-
TY;
  (N) SUPERINTENDENT OF BUILDINGS AND GROUNDS - ERIE COUNTY;
  (O)  SUPERINTENDENT OF BUILDINGS AND GROUNDS; SUPERINTENDENT OF BUILD-
INGS, GROUNDS AND TRANSPORTATION - ESSEX COUNTY;
  (P) SUPERINTENDENT OF BUILDINGS AND GROUNDS,  DIRECTOR  OF  FACILITIES
AND OPERATIONS I & II; DIRECTOR OF FACILITIES - FRANKLIN COUNTY;
  (Q)  SUPERVISOR  OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS
AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES  AND  TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - FULTON COUNTY;
  (R) SUPERVISOR OF BUILDINGS AND GROUNDS - GENESEE COUNTY;
  (S)  SUPERVISOR  OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS
AND GROUNDS, DIRECTOR OF  FACILITIES,  DIRECTOR  OF  SCHOOL  FACILITIES,
DIRECTOR  OF  FACILITIES  AND TRANSPORTATION, DIRECTOR OF FACILITIES AND
OPERATIONS - GREENE COUNTY;
  (T) FACILITIES  MANAGER,  SUPERINTENDENT  OF  BUILDINGS  AND  GROUNDS,
DIRECTOR OF FACILITIES; HEAD CUSTODIAN - SOUTH JEFFERSON CENTRAL SCHOOL;
HEAD CUSTODIAN - THOUSAND ISLAND CENTRAL SCHOOL - JEFFERSON COUNTY;
  (U)  SUPERINTENDENT  OF BUILDINGS AND GROUNDS; SUPERVISOR OF BUILDINGS
AND GROUNDS; TRANSPORTATION AND BUILDING MAINTENANCE SUPERVISOR -  LEWIS
COUNTY;
  (V) SUPERINTENDENT OF BUILDINGS AND GROUNDS - LIVINGSTON COUNTY;

A. 30                               3

  (W)  SUPERINTENDENT  OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS
AND GROUNDS - MADISON COUNTY;
  (X) DIRECTOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND
GROUNDS - MONROE COUNTY;
  (Y)  SUPERVISOR  OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS
AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES  AND  TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - MONTGOMERY COUNTY;
  (Z)  DIRECTOR  OF  SCHOOL  FACILITIES  AND  OPERATIONS I, II, III, IV,
DIRECTOR OF SCHOOL FACILITIES PLANNING AND DIRECTOR  OF  SCHOOL  FACILI-
TIES, OPERATIONS AND TRANSPORTATION - NASSAU COUNTY;
  (AA)  DIRECTOR  OF FACILITIES AND OPERATIONS I, DIRECTOR OF FACILITIES
AND OPERATIONS II - NIAGARA COUNTY;
  (BB) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF  BUILDINGS
AND  GROUNDS,  PLANT  MANAGER,  MAINTENANCE SUPERVISOR, HEAD CUSTODIAN -
ORISKANY CSD & NEW YORK MILLS UFSD - ONEIDA COUNTY;
  (CC) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF  FACILITIES,
DIRECTOR OF FACILITIES AND TRANSPORTATION - ONONDAGA COUNTY;
  (DD)  DIRECTOR, DIRECTOR OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILI-
TIES AND OPERATIONS - ONTARIO COUNTY;
  (EE) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR  OF  FACILITIES
AND  OPERATIONS, DIRECTOR OF BUILDINGS AND GROUNDS, DIRECTOR OF BUILDING
MAINTENANCE AND DIRECTOR OF OPERATIONS - ORANGE COUNTY;
  (FF) DIRECTOR OF OPERATIONS AND MAINTENANCE, SUPERINTENDENT OF  BUILD-
INGS AND GROUNDS - ORLEANS COUNTY;
  (GG)  SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS
AND GROUNDS - CITY OF OSWEGO, MANAGER OF BUILDINGS & GROUNDS &  SECURITY
- CITY OF FULTON - OSWEGO COUNTY;
  (HH)  SUPERINTENDENT  OF  BUILDINGS & GROUNDS, HEAD CUSTODIAN - MORRIS
CSD, DIRECTOR OF FACILITIES - OTSEGO COUNTY;
  (II) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF  BUILDINGS
AND  GROUNDS,  DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - RENSSELAER COUNTY;
  (JJ) DIRECTOR OF FACILITIES I, DIRECTOR OF FACILITIES II, DIRECTOR  OF
FACILITIES III - ROCKLAND COUNTY;
  (KK) BUILDINGS AND GROUNDS SUPERVISOR, SUPERINTENDENT OF BUILDINGS AND
GROUNDS,  SUPERINTENDENT  OF  BUILDINGS AND GROUNDS I, SUPERINTENDENT OF
BUILDINGS AND GROUNDS II, SUPERINTENDENT OF BUILDINGS & GROUNDS & TRANS-
PORTATION; DIRECTOR OF OPERATIONS - ST. LAWRENCE COUNTY;
  (LL) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF  BUILDINGS
AND  GROUNDS,  DIRECTOR  OF FACILITIES, DIRECTOR OF FACILITIES I, II AND
III - CITY OF SARATOGA SPRINGS, DIRECTOR OF FACILITIES  AND  TRANSPORTA-
TION, DIRECTOR OF FACILITIES AND OPERATIONS - SARATOGA COUNTY;
  (MM)  SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS
AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES  AND  TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - SCHENECTADY COUNTY;
  (NN)  SUPERVISOR  OF  BUILDINGS  AND GROUNDS, SUPERVISOR OF BUILDINGS,
FACILITIES AND GROUNDS, MAINTENANCE SUPERVISOR -  SHARON  SPRINGS,  HEAD
CUSTODIAN - GILBOA CONESVILLE, SCHOHARIE COUNTY;
  (OO)  SUPERINTENDENT  OF  BUILDINGS  AND GROUNDS, BUILDING MAINTENANCE
SUPERVISOR - SCHUYLER COUNTY;
  (PP) DIRECTOR OF FACILITIES AND GROUNDS - SENECA COUNTY;
  (QQ) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR  OF  FACILITIES
AND OPERATIONS I, HEAD BUILDING MAINTENANCE MECHANIC - STEUBEN COUNTY;
  (RR) PLANT FACILITIES ADMINISTRATOR - SUFFOLK COUNTY;
  (SS) DIRECTOR OF FACILITIES SUPPORT AND SERVICES I, II, III - SULLIVAN
COUNTY;

A. 30                               4

  (TT) SUPERINTENDENT OF BUILDINGS AND GROUNDS - TIOGA COUNTY;
  (UU)  SUPERINTENDENT OF BUILDINGS AND GROUNDS, MAINTENANCE SUPERVISOR,
DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS III - TOMPKINS COUNTY;
  (VV) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR  OF  FACILITIES
AND  OPERATIONS,  DIRECTOR  OF  OPERATIONS  AND MAINTENANCE, DIRECTOR OF
BUILDINGS AND GROUNDS, DIRECTOR OF BUILDING MAINTENANCE AND DIRECTOR  OF
OPERATIONS - ULSTER COUNTY;
  (WW) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES -
GLENS FALLS CITY, DIRECTOR OF FACILITIES AND TRANSPORTATION, DIRECTOR OF
FACILITIES AND OPERATIONS - WARREN COUNTY;
  (XX) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF  BUILDINGS
AND  GROUNDS,  DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS-
PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - WASHINGTON COUNTY;
  (YY) DIRECTOR OF FACILITIES AND OPERATIONS II - WAYNE COUNTY;
  (ZZ) DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS MAINTENANCE -  WEST-
CHESTER COUNTY;
  (AAA) SUPERINTENDENT OF BUILDINGS AND GROUNDS - WYOMING COUNTY;
  (BBB) BUILDING AND MAINTENANCE SUPERVISOR, SUPERINTENDENT OF BUILDINGS
AND GROUNDS;
OR  ANY  OTHER COMPETITIVE POSITIONS NOT DELINEATED IN THIS SECTION THAT
ARE AN EQUIVALENT COMPETITIVE POSITION TO THOSE LISTED IN THIS  SECTION,
WHO  WAS SERVING IN SUCH CAPACITY ON THE DATE THE FIRST EXAM IS ADMINIS-
TERED FOR SUCH POSITION PURSUANT TO SECTION SEVENTEEN OF  THIS  CHAPTER,
SHALL RECEIVE A PERMANENT APPOINTMENT TO SUCH POSITION AS MAY BE PROPER-
LY CLASSIFIED BY THE LOCAL CIVIL SERVICE COMMISSION HAVING JURISDICTION,
WITHOUT  FURTHER  EXAMINATION  OR  QUALIFICATIONS AND SHALL HAVE ALL THE
RIGHTS AND PRIVILEGES OF THE JURISDICTIONAL CLASS TO WHICH SUCH POSITION
MAY BE ALLOCATED.
  S 3. Subdivisions 4 and 4-a of section 23 of the  civil  service  law,
subdivision 4 as amended by chapter 647 of the laws of 1995 and subdivi-
sion  4-a  as amended by chapter 141 of the laws of 1982, are 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.
Such municipal commission may certify such names for  appointment  to  a
position under its jurisdiction in the same manner as certifications are
made  from  the  eligible  lists  of such commission. If the state civil
service department, county civil service commission or county  personnel
officer, upon the request of such commission, has certified an appropri-
ate eligible list to fill a particular position, such list shall contin-
ue  to  be used until superseded by an eligible list established by such

A. 30                               5

municipal commission for such position, or until such list expires or is
exhausted or is otherwise terminated.
  4-a.  Residence  restrictions  for  local  positions.  The state civil
service department or  municipal  commission  having  jurisdiction  over
positions  in  a  city or civil division may require that candidates for
examination for appointment to any such positions be residents  of  such
city  or civil division, or residents of the county or judicial district
in which such city or civil division is located, or  of  any  reasonable
combination  of  political  subdivisions both in and outside of New York
state contiguous to such city or civil division  or  contiguous  to  the
political  subdivision  in which such city or civil division is located,
EXCEPT FOR CANDIDATES FOR THE POSITION OF DIRECTOR OF FACILITIES I,  II,
&  III  OF  A  SCHOOL  DISTRICT  LOCATED WITHIN THE STATE. An appointing
authority of a department or agency of a  city  or  civil  division  may
require  that eligibles who are residents of such city or civil division
shall be certified first for appointment, EXCEPT FOR CANDIDATES FOR  THE
POSITION  OF  DIRECTOR  OF  FACILITIES I, II, & III OF A SCHOOL DISTRICT
LOCATED WITHIN THE STATE, WHEREIN NO SUCH RESIDENCE  REQUIREMENTS  SHALL
APPLY,  provided, however, no such preference shall be given on appoint-
ments from promotion lists. Upon exhaustion of the list of such resident
eligibles, certifications shall be made from the  whole  eligible  list.
This subdivision shall not be deemed to supersede any general or special
law  pertaining to residence qualifications of local officers or employ-
ees; provided,  however,  that  any  permanent  employee  who  has  been
suspended  or  demoted  from  a  position and is on a preferred list for
reinstatement, shall not be barred  from  reinstatement  solely  on  the
basis  of  residency requirements established subsequent to such suspen-
sion or demotion, in the event the employee does not meet such residence
qualifications but, nonetheless, was originally properly appointed.
  S 4. This act shall take effect immediately.