S T A T E O F N E W Y O R K
________________________________________________________________________
8720
I N A S S E M B L Y
January 13, 2016
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to the method of
appointment and promotion from eligible lists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 61 of the civil service law, as
added by chapter 790 of the laws of 1958, is amended to read as follows:
1. Appointment or promotion from eligible lists. Appointment or
promotion from an eligible list to a position in the competitive class
shall be made by the selection of one of the three persons certified by
the appropriate civil service commission as standing highest on such
eligible list who are willing to accept such appointment or promotion;
provided, however, that [the] SUCH PERSON'S TEST SCORE IS NO MORE THAN
TWENTY PERCENT LESS THAN THE TEST SCORE OF THE PERSON WITH THE HIGHEST
TEST SCORE ON SUCH TEST. THE state or a municipal commission may
provide, by rule, that where it is necessary to break ties among eligi-
bles having the same final examination ratings in order to determine
their respective standings on the eligible list, appointment or
promotion may be made by the selection of any eligible whose final exam-
ination rating is equal to or higher than the final examination rating
of the third highest standing eligible willing to accept such appoint-
ment or promotion. Appointments and promotions shall be made from the
eligible list most nearly appropriate for the position to be filled.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13180-01-5