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

                                  7939

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

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

AN ACT to amend the civil service law, in  relation  to  granting  addi-
  tional  credit to volunteer firefighters and volunteer ambulance work-
  ers in  competitive  examinations  and  authorizing  a  preference  in
  retention upon the abolition of certain positions

  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 CREDIT ALLOWED VOLUNTEER FIREFIGHTERS AND VOLUN-
TEER  AMBULANCE  WORKERS  IN  COMPETITIVE  EXAMINATIONS;  PREFERENCE  IN
RETENTION  UPON ABOLITION OF POSITIONS. 1. DEFINITIONS.  AS USED IN THIS
SECTION:
  (A) THE TERM "VOLUNTEER FIREFIGHTER" SHALL HAVE THE  SAME  MEANING  AS
ASCRIBED  TO "VOLUNTEER FIREMAN" IN SECTION THREE OF THE VOLUNTEER FIRE-
FIGHTERS' BENEFIT LAW.
  (B) THE TERM "VOLUNTEER AMBULANCE WORKER" SHALL HAVE THE SAME  MEANING
AS  ASCRIBED  TO  SUCH  TERM IN SECTION THREE OF THE VOLUNTEER AMBULANCE
WORKERS' BENEFIT LAW.
  2.   ADDITIONAL  CREDITS  IN  COMPETITIVE  EXAMINATIONS  FOR  ORIGINAL
APPOINTMENT  OR  PROMOTION.   (A)   ON ALL ELIGIBLE LISTS RESULTING FROM
COMPETITIVE EXAMINATIONS, THE NAMES OF ELIGIBLES SHALL BE ENTERED IN THE
ORDER OF THEIR RESPECTIVE FINAL EARNED RATINGS ON EXAMINATION, WITH  THE
NAME OF THE ELIGIBLE WITH THE HIGHEST FINAL EARNED RATING AT THE HEAD OF
SUCH  LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF DETERMINING FINAL
EARNED RATINGS, VOLUNTEER FIREFIGHTERS AND VOLUNTEER  AMBULANCE  WORKERS
SHALL  BE  ENTITLED TO RECEIVE IN A COMPETITIVE EXAMINATION FOR ORIGINAL
APPOINTMENT AN ADDITIONAL FIVE POINTS.
  (B)  SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED  RATING
OF  SUCH VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER AFTER HE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11396-01-3
              

A. 7939                             2

SHE HAS QUALIFIED IN 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; ESTAB-
LISHMENT OF ELIGIBLE LIST.  ANY CANDIDATE, BELIEVING HIMSELF OR  HERSELF
ENTITLED  TO  ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION AS PROVIDED
HEREIN, 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  CANDIDATES
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  ESTAB-
LISH  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  OR PROMOTION, THE ELIGIBLE LIST
RESULTING FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING  THE
FACT  THAT  A  VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE WORKER WHO
HAS APPLIED FOR ADDITIONAL CREDIT HAS FAILED TO  ESTABLISH  HIS  OR  HER
ELIGIBILITY  TO  RECEIVE SUCH ADDITIONAL CREDIT.  A CANDIDATE MUST BE IN
GOOD STANDING AND SUCH EVIDENCE  MUST  BE  CERTIFIED  AND  SUBMITTED  AS
SUPPORTING  DOCUMENTATION  TO THE DEPARTMENT.   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  SECTION,  NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINT-
MENT OR A PERMANENT PROMOTION IN THE CIVIL SERVICE OF THE  STATE  OR  OF
ANY  CITY OR CIVIL DIVISION THEREOF FROM AN ELIGIBLE LIST ON WHICH HE OR
SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY  THIS  SECTION    AS  A
VOLUNTEER  FIREFIGHTER  OR A VOLUNTEER AMBULANCE WORKER SHALL THEREAFTER
BE ENTITLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS  A  VOLUNTEER
FIREFIGHTER OR A VOLUNTEER AMBULANCE WORKER.
  (B)    WHERE,  AT  THE  TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF A VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE  WORKER  ON
SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION OF CREDITS GRANTED UNDER
THIS SECTION, THE APPOINTMENT OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER
OR  SUCH VOLUNTEER AMBULANCE WORKER FROM SUCH ELIGIBLE LIST SHALL NOT BE
DEEMED TO HAVE BEEN MADE FROM AN ELIGIBLE 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 VOLUNTEER
FIREFIGHTER  OR  A  VOLUNTEER  AMBULANCE  WORKER IS IN THE SAME RELATIVE
STANDING AMONG THE ELIGIBLES WHO ARE WILLING TO ACCEPT APPOINTMENT AS IF
HE OR SHE HAD NOT BEEN GRANTED THE ADDITIONAL CREDITS PROVIDED  BY  THIS
SECTION,  HIS  OR HER APPOINTMENT FROM AMONG SUCH ELIGIBLES 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 VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE WORKER HAS
BEEN  ORIGINALLY APPOINTED OR PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE
OR SHE WAS ALLOWED ADDITIONAL CREDIT, BUT SUCH APPOINTMENT OR  PROMOTION
IS  THEREAFTER  TERMINATED EITHER AT THE END OF THE PROBATIONARY TERM OR
BY RESIGNATION AT OR BEFORE THE END OF THE PROBATIONARY TERM, HE OR  SHE
SHALL  NOT BE DEEMED TO HAVE BEEN APPOINTED OR PROMOTED, AS THE CASE MAY
BE, FROM AN ELIGIBLE LIST ON WHICH HE  OR  SHE  WAS  ALLOWED  ADDITIONAL
CREDIT,  AND  SUCH  APPOINTMENT OR PROMOTION 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

A. 7939                             3

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 VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE
WORKER HAS RECEIVED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION,  SUCH
VOLUNTEER  FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER MAY ELECT, PRIOR TO
PERMANENT ORIGINAL APPOINTMENT OR PERMANENT PROMOTION, TO RELINQUISH THE
ADDITIONAL CREDIT THERETOFORE GRANTED TO HIM OR HER AND ACCEPT THE LOWER
POSITION ON SUCH ELIGIBLE LIST TO WHICH 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 VOLUN-
TEER  FIREFIGHTER  OR THE VOLUNTEER AMBULANCE WORKER, 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  VOLUNTEER  FIREFIGHTERS
AND  VOLUNTEER  AMBULANCE  WORKERS  APPOINTED OR PROMOTED AS A RESULT OF
ADDITIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURIS-
DICTION.  THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER  OR  A
VOLUNTEER  AMBULANCE  WORKER  AS A RESULT OF ADDITIONAL CREDITS SHALL BE
VOID IF SUCH VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER,  PRIOR
TO  SUCH  APPOINTMENT  OR PROMOTION, HAD BEEN APPOINTED OR PROMOTED AS A
RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
  S 2. This act shall take effect immediately.