senate Bill S6178

Signed By Governor
2013-2014 Legislative Session

Provides for the recalculation and re-establishment of civil service lists based upon eligibility for credits pursuant to section 85-b as amended by chapter 376 of 2013

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 signed chap.1
delivered to governor
Jan 13, 2014 returned to senate
passed assembly
ordered to third reading rules cal.3
substituted for a8396
referred to governmental employees
delivered to assembly
passed senate
ordered to third reading cal.7
committee discharged and committed to rules
Jan 08, 2014 referred to civil service and pensions

Votes

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Co-Sponsors

S6178 - Bill Details

See Assembly Version of this Bill:
A8396
Law Section:
Civil Service

S6178 - Bill Texts

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Provides for the recalculation and re-establishment of civil service lists based upon eligibility for credits granted to children and siblings of deceased firefighters and police officers pursuant to section 85-b of the civil service law as amended by chapter 376 of 2013.

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BILL NUMBER:S6178

TITLE OF BILL: An act in relation to providing additional civil
service credit to children of certain firefighters and police officers
killed in the line of duty

PURPOSE: This bill corrects an issue that arose after the enactment
of Chapter 376 of the Laws of 2013 due to activities that took place
after S.5585/A.7631 passed both houses of the Legislature and before
the enactment of Chapter 376 that caused the children of firefighters
and police officers to be denied additional points for examinations
because the eligible list for such examinations had been established
and could not be changed.

SUMMARY OF PROVISIONS:

Section 1 of the bill provides that notwithstanding any other law to
the contrary, any established eligible list that includes at least one
candidate who meets the following criteria will be re-established. The
criteria are:

1. Is the child of a police officer or firefighter that was killed in
the line of duty, as such term is defined in Civil Service Law section
85-b;

2. Applied for additional credit based upon his or her parent's death
for the examination from which the established eligible list was
established;

3. Established that his or parent was killed in the line of duty, as
such term is defined in Civil Service Law section 85-b;

4. Was denied such additional credit; and

5. Would have received such credit pursuant to Chapter 376 of the Laws
of 2013.

When re-establishing an established eligible list, the following rules
will apply:

1. All candidates who meet the criteria listed above will be awarded
additional credit that will be added to the candidate's final earned
rating and

2. The names of individuals who have been hired from the established
eligible list shall not be included in the re-established eligible
list.

Any appointment that was made from an established eligible list prior
to its re-establishment shall not be rendered void or voidable solely
on the basis that the appointee would not have been eligible for such
appointment pursuant to the rule of three prescribed by Civil Service
Law section 61.

Any change to a candidate's ranking upon the re-establishment of the
eligible list shall not give rise to a cause of action.


Section 2 of the bill provides that upon the re-establishment of an
established eligible list, the list upon which the re-established list
is based shall terminate.

Section 3 of the bill provides that this bill shall take effect
immediately.

CURRENT LAW: Chapter 376 of the Laws of 2013 affords children of
firefighter and police officers who were killed in the line of duty to
obtain additional credit when the child's deceased parent's death was
the natural and proximate result of the September 11th World Trade
Center attack or the rescue missions following the attack.

JUSTIFICATION: When the Legislature enacted S.5585/A.7631 of 2013,
which became Chapter 376 of the Laws of 2013, the Legislature intended
to accomplish two objectives. First, the Legislature sought to
equalize the treatment of children and siblings of police officers,
firefighters, and emergency medical technicians who have been killed
in the line of duty by providing them with additional credit on any
civil service exam for a position in the same municipality that the
decedent's parent or sibling served. Second, the Legislature sought to
remedy an unintended consequence of the lack of a definition of the
term "killed in the line of duty" in Civil Service Law section 85-a.
This unintended consequence was the denial of additional civil service
exam credit to children of firefighters and police officers who died
as a result of the September 11th World Trade Center attack.

The Legislature intended to reverse the denial of additional credit
for these children of deceased firefighters and police officers
regardless of whether the additional credit would affect an
established eligible list. The Legislature's intent regarding
existing eligible lists could have been effectuated administratively
because the Civil Service Law allows the State Department of Civil
Service and the municipal civil service commissions to terminate any
established eligible list that has been in existence for at least one
year and replace that list with a new eligible list. As the press has
reported, this administrative solution did not happen in at least one
instance, affecting at least 13 candidates.

The candidates that will benefit from this bill have not only suffered
the loss of a parent as a result of the September 11th World Trade
Center attack and rescue effort, they have also been told, through the
denial of the additional credit afforded by Civil Service Law section
85-a because of an administrative interpretation of the term "killed
in the line of duty" that excluded deaths that were the natural and
proximate result of the September 11th World Trade Center attack or
the rescue missions following the attack, that their parents did not
die in the line of duty. The parents of these candidates did die in
the line of duty. This bill will honor the brave firefighters and
police officers who lost their lives as a result of the September 11th
World Trade Center attack and rescue effort by helping their children
follow in their parent's footsteps.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                  6178

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

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 in relation to providing additional civil service credit to chil-
  dren of certain firefighters and police officers killed in the line of
  duty

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

  Section  1.  Notwithstanding any other law to the contrary, any candi-
date on an established eligible list resulting from a competitive  exam-
ination  who (i) is the child of a firefighter or police officer who was
killed in the line of duty as such term is defined in subdivision  1  of
section 85-b of the civil service law, (ii) applied for additional cred-
it pursuant to section 85-a of the civil service law as it existed prior
to  the enactment of chapter 376 of the laws of 2013 for the examination
that resulted in the established eligible list, (iii)  established  that
his or her parent was killed in the line of duty as such term is defined
in  subdivision  1  of  section  85-b of the civil service law, (iv) was
denied such additional credit, and (v)  would  have  been  granted  such
additional credit pursuant to section 85-b, as amended by chapter 376 of
the  laws of 2013, shall be allowed to have such additional credit added
to his or her current final rating for such examination. Any established
eligible list containing the names of  candidates  who  were  previously
denied  credit  and would now be afforded credit shall be re-established
to provide such candidates receiving additional credit with  the  proper
ranking  on  such  established eligible list; provided that, when re-es-
tablishing such  list,  the  names  of  the  candidates  who  have  been
appointed  from  such  list  shall not be included on the re-established
list; and provided further that any appointment that was made from  such
established  eligible list shall not be void or voidable upon the re-es-
tablishment of such eligible list solely because, on such re-established
list, the appointee would not have been eligible  for  such  appointment
pursuant  to  subdivision  1 of section 61 of the civil service law; and
provided further that any change in a candidate's ranking on the  re-es-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11882-04-3

S. 6178                             2

tablished  list shall not give rise to a cause of action relating to one
or more appointments from the eligible list  that  has  been  re-establ-
ished.
  S 2. Notwithstanding any other law to the contrary, upon re-establish-
ment of an established eligible list, the established eligible list that
has been re-established shall terminate.
  S 3. This act shall take effect immediately.

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