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

                                  5107

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. CAMARA, AUBRY, DUPREY, GABRYSZAK, MAISEL, McKEV-
  ITT, WEISENBERG, CASTRO -- Multi-Sponsored by -- M. of  A.  CURRAN  --
  read once and referred to the Committee on Governmental Employees

AN  ACT  to amend the civil service law, in relation to extra credit for
  certain veterans on competitive examinations

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

  Section  1.  The  civil service law is amended by adding a new section
85-d to read as follows:
  S 85-D. ADDITIONAL CREDITS ALLOWED FOR VETERANS WHO SERVED IN AN  AREA
DESIGNATED AS A COMBAT ZONE BY THE PRESIDENT OF THE UNITED STATES DURING
OPERATION  IRAQI  FREEDOM  AFTER MARCH TWENTIETH, TWO THOUSAND THREE. 1.
DEFINITION. AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A  PERSON  WHO
SERVED  IN  A  BRANCH  OF  THE ARMED FORCES OF THE UNITED STATES, OR ANY
RESERVE UNIT THEREOF.
  2. ADDITIONAL CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL  BE  ALLOWED
FOR  VETERANS  WHO  SERVED IN AN AREA DESIGNATED AS A COMBAT ZONE BY THE
PRESIDENT OF THE UNITED STATES  DURING  OPERATION  IRAQI  FREEDOM  AFTER
MARCH  TWENTIETH,  TWO  THOUSAND  THREE  IN COMPETITIVE EXAMINATIONS FOR
ORIGINAL APPOINTMENT. (A) ON ALL ELIGIBLE LISTS RESULTING  FROM  COMPET-
ITIVE  EXAMINATIONS,  THE  NAMES OF ELIGIBLE PERSONS SHALL BE ENTERED IN
THE ORDER OF THEIR RESPECTIVE FINAL EARNED RATINGS ON EXAMINATIONS, WITH
THE NAME OF THE ELIGIBLE PERSON WITH THE HIGHEST FINAL EARNED RATINGS AT
THE HEAD OF SUCH LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF DETER-
MINING FINAL EARNED RATINGS, VETERANS WHO SERVED IN AN  AREA  DESIGNATED
AS  A COMBAT ZONE BY THE PRESIDENT OF THE UNITED STATES DURING OPERATION
IRAQI FREEDOM AFTER MARCH TWENTIETH, TWO THOUSAND THREE SHALL  BE  ENTI-
TLED  TO  RECEIVE AN ADDITIONAL FIVE POINTS IN A COMPETITIVE EXAMINATION
FOR ORIGINAL APPOINTMENT.
  (B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL  EARNED  RATING
OF  SUCH  VETERAN,  AS THE CASE MAY BE, AFTER HE OR SHE HAS QUALIFIED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07401-01-3
              

A. 5107                             2

THE COMPETITIVE EXAMINATION AND SHALL BE GRANTED ONLY  AT  THE  TIME  OF
ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST.
  3. APPLICATION FOR ADDITIONAL CREDIT; PROOF OF ELIGIBILITY; ESTABLISH-
MENT OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF ENTI-
TLED  TO  ADDITIONAL  CREDIT IN A COMPETITIVE EXAMINATION AS PROVIDED IN
THIS SECTION, MAY MAKE APPLICATION FOR SUCH  ADDITIONAL  CREDIT  AT  ANY
TIME  BETWEEN THE DATE OF HIS OR HER APPLICATION FOR EXAMINATION AND THE
DATE OF THE ESTABLISHMENT OF THE RESULTING ELIGIBLE  LIST.  SUCH  CANDI-
DATES  SHALL  BE  ALLOWED  A PERIOD OF NOT LESS THAN TWO MONTHS FROM THE
DATE OF THE FILING OF HIS OR HER APPLICATION FOR EXAMINATION IN WHICH TO
ESTABLISH BY APPROPRIATE DOCUMENTARY PROOF HIS  OR  HER  ELIGIBILITY  TO
RECEIVE  ADDITIONAL  CREDIT  UNDER  THIS  SECTION. AT ANY TIME AFTER TWO
MONTHS HAVE ELAPSED SINCE THE FINAL DATE FOR FILING APPLICATIONS  FOR  A
COMPETITIVE  EXAMINATION  FOR  ORIGINAL  APPOINTMENT,  THE ELIGIBLE LIST
RESULTING FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING  THE
FACT  THAT A VETERAN WHO HAS APPLIED FOR ADDITIONAL CREDIT HAS FAILED TO
ESTABLISH HIS OR HER ELIGIBILITY TO RECEIVE SUCH  ADDITIONAL  CREDIT.  A
CANDIDATE  WHO FAILS TO ESTABLISH, BY APPROPRIATE DOCUMENTARY PROOF, HIS
OR HER ELIGIBILITY TO RECEIVE ADDITIONAL CREDIT BY THE TIME AN  ELIGIBLE
LIST IS ESTABLISHED SHALL NOT THEREAFTER BE GRANTED ADDITIONAL CREDIT ON
SUCH ELIGIBLE LIST.
  4.  USE OF ADDITIONAL CREDIT. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBDIVISION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINTMENT
IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER-
EOF FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED THE  ADDITIONAL
CREDIT  GRANTED  BY THIS SECTION AS A VETERAN, SHALL THEREAFTER BE ENTI-
TLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A VETERAN.
  (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
TION OF A VETERAN ON SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION  OF
CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH VETERAN FROM
SUCH  ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE BEEN MADE FROM AN ELIGI-
BLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY
THIS SECTION.
  (C) IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A SIBLING IS
IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLE PERSONS WHO ARE WILLING
TO ACCEPT APPOINTMENT AS IF HE OR SHE HAD NOT  BEEN  GRANTED  THE  ADDI-
TIONAL  CREDITS AS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT FROM
SUCH ELIGIBLE PERSONS SHALL NOT BE DEEMED TO  HAVE  BEEN  MADE  FROM  AN
ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED SUCH ADDITIONAL CREDITS.
  (D)  WHERE  A  VETERAN  HAS BEEN ORIGINALLY APPOINTED FROM AN ELIGIBLE
LIST ON WHICH HE OR SHE WAS ALLOWED SUCH  ADDITIONAL  CREDIT,  BUT  SUCH
APPOINTMENT IS THEREAFTER TERMINATED EITHER AT THE END OF THE PROBATION-
ARY  TERM  OR  BY  RESIGNATION  AT OR BEFORE THE END OF THE PROBATIONARY
TERM, HE OR SHE SHALL NOT BE DEEMED TO HAVE BEEN APPOINTED, AS THE  CASE
MAY  BE,  FROM AN ELIGIBLE LIST ON WHICH HE OR SHE IS ALLOWED ADDITIONAL
CREDIT, AND SUCH APPOINTMENT SHALL NOT AFFECT HIS OR HER ELIGIBILITY FOR
ADDITIONAL CREDIT IN OTHER EXAMINATIONS.
  5. WITHDRAWAL OF APPLICATION; ELECTION TO RELINQUISH ADDITIONAL  CRED-
IT.    AN APPLICATION FOR ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION
UNDER THIS SECTION MAY BE WITHDRAWN BY THE APPLICANT AT ANY  TIME  PRIOR
TO  THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. AT ANY TIME DURING
THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM  A  COMPETITIVE
EXAMINATION IN WHICH A VETERAN HAS RECEIVED THE ADDITIONAL CREDIT GRANT-
ED  BY THIS SECTION, SUCH VETERAN MAY ELECT, PRIOR TO PERMANENT ORIGINAL
APPOINTMENT, TO RELINQUISH THE ADDITIONAL CREDIT THERETOFORE GRANTED  TO
HIM  OR HER AND ACCEPT THE LOWER POSITION ON SUCH ELIGIBLE LIST TO WHICH

A. 5107                             3

HE OR SHE WOULD OTHERWISE HAVE BEEN ENTITLED;  PROVIDED,  HOWEVER,  THAT
SUCH ELECTION SHALL THEREAFTER BE IRREVOCABLE. SUCH ELECTION SHALL BE IN
WRITING  AND SIGNED BY THE VETERAN, AND TRANSMITTED TO THE DEPARTMENT OR
THE APPROPRIATE MUNICIPAL CIVIL SERVICE COMMISSION.
  6.  ROSTER.  THE DEPARTMENT AND EACH MUNICIPAL COMMISSION SHALL ESTAB-
LISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL SUCH VETERANS  APPOINTED
AS  A  RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS
UNDER ITS JURISDICTION. THE APPOINTMENT OF A  VETERAN  AS  A  RESULT  OF
ADDITIONAL CREDITS SHALL BE VOID IF SUCH VETERAN, PRIOR TO SUCH APPOINT-
MENT,  HAD  BEEN  APPOINTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY
THIS SECTION.
  S 2. This act shall take effect immediately.