senate Bill S2424

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2013 referred to investigations and government operations

S2424 - Bill Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยงยง3 & 30, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:
S4249A

S2424 - Bill Texts

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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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BILL NUMBER:S2424

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.

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

                                  2424

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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 FOURTEEN 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.
                                                           LBD06067-01-3

S. 2424                             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
FOURTEEN 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
FOURTEEN.    BEGINNING  JANUARY  FIRST,  TWO THOUSAND THIRTEEN 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 on the ninetieth day after it shall
have become a law.

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