S T A T E O F N E W Y O R K
________________________________________________________________________
2804
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to appointments from
eligible lists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 23 of the civil service law, as
amended by chapter 403 of the laws of 2011, is amended to read as
follows:
4. Use of state and county eligible lists by municipal commissions. A
municipal commission, in the absence of an eligible list of its own, may
request the state civil service department, county civil service commis-
sion or county personnel officer to furnish it with the names of persons
on an appropriate eligible list established by the department, commis-
sion or personnel officer, which, if so requested by the municipal
commission, shall be limited to residents of the city, or town or civil
division in which appointments are to be made, or to residents of the
county or judicial district in which such city, town or civil division
is located, or to any reasonable combination of political subdivisions
both in and outside of New York state contiguous to the city or civil
division in which appointment is to be made or contiguous to the poli-
tical subdivision in which such city or civil division is located,
except for the position of director of facilities I, II, & III of a
school district located within the state which shall use the list devel-
oped pursuant to subdivision five of section seventeen of this chapter.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICI-
PAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO
THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-
RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN
OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE
WORKFORCE. Such municipal commission may certify such names for appoint-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05424-01-5
A. 2804 2
ment to a position under its jurisdiction in the same manner as certif-
ications are made from the eligible lists of such commission. If the
state civil service department, county civil service commission or coun-
ty personnel officer, upon the request of such commission, has certified
an appropriate eligible list to fill a particular position, such list
shall continue to be used until superseded by an eligible list estab-
lished by such municipal commission for such position, or until such
list expires or is exhausted or is otherwise terminated.
S 2. Subdivisions 1 and 2 of section 56 of the civil service law, as
amended by chapter 411 of the laws of 1993, are amended to read as
follows:
1. The duration of an eligible list shall be fixed at not less than
one nor more than four years; provided that, except for lists promulgat-
ed for police officer positions in jurisdictions other than the city of
New York, in the event that a restriction against the filling of vacan-
cies exists in any jurisdiction, the state civil service department or
municipal commission having jurisdiction shall, in the discretion of the
department or commission, extend the duration of any eligible list for a
period equal to the length of such restriction against the filling of
vacancies. Restriction against the filling of vacancies shall mean any
policy, whether by executive order or otherwise, which, because of a
financial emergency, prevents or limits the filling of vacancies in a
title for which a list has been promulgated. PROVIDED, HOWEVER, THAT
NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING
ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE
FILLING OF VACANCIES BY BOTH RESIDENT AND NON-RESIDENT MINORITY GROUP
MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW,
AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. An eligible
list that has been in existence for one year or more shall terminate
upon the establishment of an appropriate new list, unless otherwise
prescribed by the state civil service department or municipal commission
having jurisdiction.
2. Notwithstanding subdivision one of this section, the duration of
eligible lists established on or before December thirty-first, nineteen
hundred ninety-six, shall be fixed at not less than one nor more than
four years; provided that, except for lists promulgated for police offi-
cer positions in jurisdictions other than the city of New York, in the
event that a restriction against the filling of vacancies exists in any
jurisdiction, the state civil service department or municipal commission
having jurisdiction shall, in the discretion of the department or
commission, extend the duration of any such eligible list for a period
equal to the length of such restriction against the filling of vacan-
cies. Restriction against the filling of vacancies shall mean any poli-
cy, whether by executive order or otherwise, which prevents or limits
the filling of vacancies in a title for which such a list has been
promulgated. PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL
PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT
NOT LIMITED TO THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH
RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION
THREE HUNDRED TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE
DIVERSITY IN THE WORKFORCE. An eligible list that has been in existence
for one year or more shall terminate upon the establishment of an appro-
priate new list, unless otherwise prescribed by the state civil service
department or municipal commission having jurisdiction.
S 3. This act shall take effect immediately.