NY State Senate Bill 2011-S3811

Senate Bill S3811

Signed By Governor

2011-2012 Legislative Session

Establishes the qualifications of director of facilities of school districts

download bill text pdf

Archive: Last Bill Status Via A30 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2011	signed chap.403
Aug 05, 2011	delivered to governor
Jun 20, 2011	returned to assembly passed senate 3rd reading cal.787 substituted for s3811
Jun 20, 2011	substituted by a30
May 24, 2011	advanced to third reading
May 23, 2011	2nd report cal.
May 18, 2011	1st report cal.787
Mar 04, 2011	referred to civil service and pensions

Votes

- Jun 20, 2011 - Floor Vote
  A30
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  May 18, 2011 - Civil Service And Pensions Committee Vote
  S3811
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 18, 2011
      
      aye (11)
      
      Addabbo Jr.
      
      Dilan
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Lanza
      
      Martins
      
      O'Mara
      
      Perkins
      
      Savino
      
      Serrano
      
      aye wr (1)
      
      Little

co-Sponsors

2011-S3811 (ACTIVE) - Details

See Assembly Version of this Bill:: A30
Law Section:: Civil Service Law
Laws Affected:: Amd §§17 & 23, add §17-a, Civ Serv L
Versions Introduced in 2009-2010 Legislative Session:: A11297

2011-S3811 (ACTIVE) - Summary

Establishes the qualifications of director of facilities of school districts.

2011-S3811 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3811

TITLE OF BILL:
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

PURPOSE:
Provides that the State Civil Service Department shall
develop qualifications and eligibility standards for multiple tiers
designated Director of Facilities I, II, & III and administer one
test for the positions for school district in the state.

SUMMARY OF PROVISIONS:
Section 1; Amends section 17 of the civil
Service law, to authorize a.statewide exam for the positions of
director of facilities in school districts throughout New York, and
the development of eligibility criteria for examination of potential
candidates for the positions of director of facilities based on
qualifications and experience in accordance with article 4 section 50
of the civil service law.

Section 2; Amends Article 2 of the Civil Service Law, relates to the
permanent appointment of persons currently serving as directors of
school facilities to such position as may be properly classified by

local civil service commissions or authorities.

Section 3; Amends section 23 of the Civil Service law, relating to the
use of use of state and county eligible lists by municipal
commissions for the appointment of directors of school facilities.

Section 4; effective date.

JUSTIFICATION:
The roles and responsibilities of Directors of School
Facilities have become more complex over the past 10 years as
environmental safety regulations have advanced, cleaning and
maintenance product development have evolved to include "green"
products, and the complexity of the school facility has evolved into
more than a one room school house. Technological innovation,
sophisticated building environment controls, stricter safety
requirements have all contributed to the greatly broaden the
knowledge and expertise school facility directors need to be
successful.

In order to generate the best candidate for Directors of School
Facilities, the establishment of qualifications for the post of
director of facilities of school districts is now a priority. A
measure passed by the Senate and Assembly in 2008 would direct the
State Civil Service Department to administer a test for Director of

Facilities for a school district. A.8473-A passed the Assembly on May
12, 2008, and the Senate
on June 17, 2008, but was vetoed by Governor Paterson on July 7, 2008.
In his veto message (No. 22), Governor Paterson cited technical
concerns raised by the NYS Department of civil Service (DCS), but
also comments that:

"The sponsors have brought an important issue to my attention, for
which they deserve great credit. Steps must be taken to address the
crucial issue they have raised: insuring that school districts are
able to recruit the best individuals for this important position.

DCS has indicated that it will assess whether there are better ways to
classify titles with similar responsibilities to directors of
facilities. I also have directed my staff to work with the sponsors
to craft a bill that would address the barriers to recruitment they
have identified."

This bill has been developed to resolve the concerns expressed in the
Governor's veto.

For the past several years many school districts have voiced concern
over the lack of qualified candidates to fill the facilities director
positions in their school districts. If a qualified individual from
another area of the State is interested in a position then they must
sit for another test in the area that has a job opening. One regional
test would allow for the flexibility needed by school districts to
reach qualified candidates no matter what area of the state they are
from.

In addition, director of facilities is one of the only managerial
positions left in a school district that does not have a statewide
certification process, and this legislation would create such a
process to benefit school districts around the State. The legislation
also calls for a phase in period whereby anyone serving in an
equivalent title would be waived into this position and would not
have to take this test.
If an equivalent position was inadvertently left off the list of
equivalent positions, then a person in such a position would have the
opportunity to apply for a waiver from the Department of Civil Service.

The legislation also removes the residency restriction from the test
and allows all eligible applicants statewide to be considered for an
open position. In addition, the State Department of Civil Service
currently provides assistance to local jurisdictions to write the
myriad of tests for the different local titles that exist for a
director of facilities position.

LEGISLATIVE HISTORY:
2009-2010: A.11297 - Referred to Governmental Employees

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

2011-S3811 (ACTIVE) - Bill Text download pdf

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

                                  3811

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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-
TION FOR VALID APPOINTMENT  OF  CURRENT  LONG-STANDING  EMPLOYEES  WOULD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00894-01-1

S. 3811                             2

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;

S. 3811                             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;

S. 3811                             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

S. 3811                             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.

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Senate Bill S3811

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Sponsored By

Martin J. Golden