senate Bill S4525

2013-2014 Legislative Session

Grants additional credit to volunteer firefighters in competitive civil service examinations for appointment and promotion, also for retention

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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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Jan 08, 2014 referred to civil service and pensions
Apr 08, 2013 referred to civil service and pensions

S4525 - Bill Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Add ยง85-d, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3999
2009-2010: A4037

S4525 - Bill Texts

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Grants additional credit to volunteer firefighters in competitive examinations, granted only at the time of establishing the resulting eligibility list; creates a preference in retention for volunteer firefighters of an additional sixty months credit with regard to lists of seniority for layoffs and terminations.

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BILL NUMBER:S4525

TITLE OF BILL: An act to amend the civil service law, in relation to
granting additional credit to volunteer firefighters in competitive
examinations and authorizing a preference in retention upon the
abolition of certain positions

PURPOSE OR GENERAL IDEA OF BILL: This bill would grant volunteer
firefighters additional credits in the amount of two to five
additional points for eligibility lists, and one to two and one-half
additional points for promotional examinations.

SUMMARY OF SPECIFIC PROVISIONS: Additional points shall be added to
final earned ratings of volunteer firefighters in the amounts as
follows:

For original appointments: Two points for ten years of service, four
points for twenty years of service, five points for twenty-five years
or more of service as a volunteer firefighter.

For promotional examinations: One point for ten years of service, two
points for twenty years of service, two and one-half points for
twenty-five years or more of service as a volunteer firefighter.

This credit is to be added after the candidate has qualified in the
competitive examination and shall be granted only at the time of
establishment of the resulting eligibility list. Volunteer
firefighters are also given an additional sixty months credit with
regard to lists of seniority for layoffs and terminations.

JUSTIFICATION: It is estimated that volunteer firefighters save the
taxpayers of New York State approximately $750 million annually by
providing a service, which in their absence, would require a paid
staff.

This bill will provide further incentive for the recruitment and
retention of volunteer firefighters.

PRIOR LEGISLATIVE HISTORY: A.5204 (1997-98) A.2782 (1999-2000) A.193
(2001-2004) A.940 (2005-2006) A.9101(2007-2008) A.4037 (2009-2010)
A.3999 (2011-2012)

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4525

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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  granting  addi-
  tional  credit  to  volunteer firefighters 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 IN COMPET-
ITIVE EXAMINATIONS; PREFERENCE IN RETENTION UPON ABOLITION OF POSITIONS.
1. DEFINITIONS.   THE TERM "VOLUNTEER  FIREFIGHTER",  AS  USED  IN  THIS
SECTION,  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE TERM "VOLUN-
TEER FIREMAN" IN SECTION THREE OF THE  VOLUNTEER  FIREFIGHTERS'  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 SHALL BE ENTITLED TO RECEIVE,  IN
A  COMPETITIVE  EXAMINATION  FOR ORIGINAL APPOINTMENT, AN ADDITIONAL TWO
POINTS FOR TEN YEARS OF SERVICE AS A VOLUNTEER FIREFIGHTER, FOUR  POINTS
FOR  TWENTY YEARS OF SUCH SERVICE, AND FIVE POINTS FOR TWENTY-FIVE YEARS
OR  MORE  OF  SUCH  SERVICE;  AND,  IN  A  COMPETITIVE  EXAMINATION  FOR
PROMOTION,  AN ADDITIONAL ONE POINT FOR TEN YEARS OF SERVICE AS A VOLUN-
TEER FIREFIGHTER, TWO POINTS FOR TWENTY YEARS OF SUCH SERVICE,  AND  TWO
AND ONE-HALF POINTS FOR TWENTY-FIVE YEARS OR MORE OF SUCH SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09872-01-3

S. 4525                             2

  (B)   SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH VOLUNTEER FIREFIGHTER AFTER HE  OR  SHE  HAS  QUALIFIED  IN  THE
COMPETITIVE  EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTAB-
LISHMENT 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
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.   A  CANDIDATE
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  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 ADDI-
TIONAL 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 SHALL THEREAFTER BE  ENTITLED  TO  ANY  ADDITIONAL
CREDIT UNDER THIS SECTION AS A VOLUNTEER FIREFIGHTER.
  (B)    WHERE,  AT  THE  TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF A VOLUNTEER FIREFIGHTER ON SUCH LIST HAS NOT  BEEN  AFFECTED
BY  THE  ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT
OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER 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 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 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 APPOINT-
MENT 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
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

S. 4525                             3

EXAMINATION IN WHICH A VOLUNTEER FIREFIGHTER HAS RECEIVED THE ADDITIONAL
CREDIT  GRANTED  BY  THIS SECTION, SUCH VOLUNTEER FIREFIGHTER 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,
SIGNED BY THE VOLUNTEER FIREFIGHTER, AND TRANSMITTED TO THE STATE  CIVIL
SERVICE  DEPARTMENT  OR  THE APPROPRIATE MUNICIPAL CIVIL SERVICE COMMIS-
SION.
  6.  ROSTER.  THE STATE CIVIL SERVICE  DEPARTMENT  AND  EACH  MUNICIPAL
COMMISSION  SHALL  ESTABLISH  AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL
VOLUNTEER FIREFIGHTERS APPOINTED OR PROMOTED AS A RESULT  OF  ADDITIONAL
CREDITS  GRANTED  BY  THIS  SECTION TO POSITIONS UNDER ITS JURISDICTION.
THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER AS A  RESULT  OF
ADDITIONAL CREDITS SHALL BE VOID IF SUCH VOLUNTEER FIREFIGHTER, PRIOR TO
SUCH  APPOINTMENT  OR  PROMOTION,  HAD  BEEN  APPOINTED OR PROMOTED AS A
RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
  7.  PREFERENCE IN RETENTION UPON THE ABOLITION OF POSITIONS.   IN  THE
EVENT  OF  THE  ABOLITION  OR  ELIMINATION  OF ANY POSITION IN THE CIVIL
SERVICE FOR WHICH ELIGIBLE LISTS ARE ESTABLISHED  OR  ANY  POSITION  THE
INCUMBENT  OF  WHICH IS ENCOMPASSED BY SECTION EIGHTY-A OF THIS CHAPTER,
ANY SUSPENSION, DEMOTION, OR DISPLACEMENT SHALL BE MADE IN  THE  INVERSE
ORDER  OF THE DATE OF ORIGINAL APPOINTMENT IN THE SERVICE SUBJECT TO THE
FOLLOWING CONDITIONS: (A) BLIND  EMPLOYEES  SHALL  BE  GRANTED  ABSOLUTE
PREFERENCE  IN  RETENTION; (B) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR
VOLUNTEER FIREFIGHTERS SHALL BE DEEMED TO BE SIXTY MONTHS  EARLIER  THAN
THE  ACTUAL  DATE,  DETERMINED  IN ACCORDANCE WITH SECTION THIRTY OF THE
GENERAL CONSTRUCTION LAW; (C) NO PERMANENT COMPETITIVE  CLASS  EMPLOYEE,
SUBJECT  TO THE JURISDICTION OF THE CIVIL SERVICE COMMISSION OF THE CITY
OF NEW YORK, WHO RECEIVES AN INJURY IN  THE LINE OF DUTY, AS DEFINED  IN
THIS SUBDIVISION, WHICH REQUIRES IMMEDIATE HOSPITALIZATION, AND WHICH IS
NOT   COMPENSABLE  THROUGH  WORKERS'  COMPENSATION,  MAY  BE  SUSPENDED,
DEMOTED, OR DISPLACED PURSUANT TO SECTION EIGHTY OF THIS CHAPTER  WITHIN
THREE  MONTHS  OF  THE  DATE  OF  HIS  OR HER CONFINEMENT; PROVIDED THAT
MEDICAL AUTHORITIES APPROVED BY SUCH COMMISSION SHALL CERTIFY  THAT  THE
EMPLOYEE  IS  NOT  ABLE  TO  PERFORM  THE DUTIES OF HIS OR HER POSITION;
PROVIDED FURTHER THAT SUCH THREE-MONTH PERIOD MAY BE  EXTENDED  BY  SUCH
COMMISSION  FOR  ADDITIONAL PERIODS NOT TO EXCEED ONE YEAR EACH UPON THE
CERTIFICATION OF MEDICAL AUTHORITIES SELECTED BY  SUCH  COMMISSION  THAT
THE  EMPLOYEE  IS,  AS  A RESULT OF HIS OR HER INJURY, STILL NOT ABLE TO
PERFORM THE DUTIES OF HIS OR HER POSITION.   AN INJURY IN  THE  LINE  OF
DUTY,  AS USED IN THIS SUBDIVISION, SHALL BE CONSTRUED TO MEAN AN INJURY
WHICH IS INCURRED AS A DIRECT RESULT OF THE LAWFUL  PERFORMANCE  OF  THE
DUTIES  OF  THE POSITION.  IN DETERMINING WHETHER AN INJURY WAS RECEIVED
IN THE LINE OF DUTY, SUCH COMMISSION SHALL REQUIRE THE HEAD OF THE AGEN-
CY BY WHICH THE EMPLOYEE IS EMPLOYED TO  CERTIFY  THAT  THE  INJURY  WAS
RECEIVED  AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE EMPLOYEE'S
DUTIES; AND (D) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR THE SPOUSE  OF
A  VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH  SECTION  THIRTY  OF  THE
GENERAL CONSTRUCTION LAW; PROVIDED THAT THE SPOUSE IS DOMICILED WITH THE
VOLUNTEER  FIREFIGHTER-SPOUSE  AND  IS  THE HEAD OF THE HOUSEHOLD.  THIS
SECTION SHALL NOT BE CONSTRUED AS CONFERRING ANY ADDITIONAL BENEFIT UPON
SUCH EMPLOYEE OTHER THAN A PREFERENCE IN RETENTION.  SUCH EMPLOYEE SHALL

S. 4525                             4

BE SUBJECT TO TRANSFER UPON THE ABOLITION OF HIS OR HER FUNCTION  WITHIN
HIS OR HER AGENCY OR DEPARTMENT.
  8.    ADDITIONAL DEFINITIONS.  FOR THE PURPOSE OF SUBDIVISION SEVEN OF
THIS SECTION, THE TERMS "DATE OF  ORIGINAL  APPOINTMENT"  AND  "DATE  OF
ORIGINAL  APPOINTMENT IN THE SERVICE" SHALL MEAN, FOR PERSONS SUBJECT TO
SUBDIVISION ONE-A OF  SECTION  EIGHTY  OF  THIS  CHAPTER,  THE  DATE  OF
ORIGINAL  APPOINTMENT  ON A PERMANENT BASIS IN THE GRADE OR TITLE IN THE
SERVICE OF THE GOVERNMENTAL JURISDICTION  IN  WHICH  SUCH  ABOLITION  OR
REDUCTION OCCURS.
  9.  PENALTY FOR DENIAL OF PREFERENCE IN RETENTION.  A REFUSAL TO ALLOW
THE  PREFERENCE  IN RETENTION PROVIDED FOR IN THIS SECTION TO ANY VOLUN-
TEER FIREFIGHTER OR A REDUCTION OF HIS OR HER COMPENSATION  INTENDED  TO
BRING ABOUT HIS OR HER RESIGNATION IS DEEMED A MISDEMEANOR, AND ANY SUCH
VOLUNTEER FIREFIGHTER SHALL HAVE A RIGHT OF ACTION THEREFOR IN ANY COURT
OF COMPETENT JURISDICTION FOR DAMAGES AND FOR RIGHTING THE WRONG.
  S 2. This act shall take effect immediately.

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