Senate Bill S2037D

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

                                  2037

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05424-01-5
              

S. 2037                             2

WORKFORCE. Such municipal commission may certify such names for appoint-
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.

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

                                 2037--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

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]
TITLE.  PROVIDED, HOWEVER, THAT IF A LIST DOES NOT ADEQUATELY  REPRESENT
MINORITY  POPULATIONS  AND  THE  EXISTING DEPARTMENT'S ETHNIC, RACIAL OR
WOMEN COMPOSITION DEVIATES FROM THE COMMUNITY UPON WHICH THEY  SERVE  BY
TWENTY-FIVE  PERCENT  OR  MORE, A MUNICIPAL COMMISSION MAY USE ALTERNATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05424-09-5
              

S. 2037--A                          2

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.  ALTERNATE LISTS SHALL BE
PROVIDED UNTIL SUCH DEPARTMENT'S ETHNIC, RACIAL OR WOMEN COMPOSITION  NO
LONGER  DEVIATES FROM THE COMMUNITY UPON WHICH THEY SERVE BY TWENTY-FIVE
PERCENT OR MORE, UPON WHICH  TIME  THE  MUNICIPAL  COMMISSION  SHALL  BE
REQUIRED  TO  USE  ITS  OWN ELIGIBLE LIST. Such municipal commission may
certify such names for appointment to a position under its  jurisdiction
in the same manner as certifications are made from the eligible lists of
such  commission.  If  the  state civil service department, county civil
service commission or county personnel officer, upon the request of such
commission, has certified an appropriate eligible list to fill a partic-
ular position, such list shall continue to be used until  superseded  by
an eligible list established by such municipal commission for such posi-
tion,  or until such list expires or is exhausted or is otherwise termi-
nated.
  S 2. This act shall take effect immediately.

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

                                 2037--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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, AS THE SOURCE OF NEW HIRES,
by  municipal  commissions. A municipal commission, in the absence of an
eligible list of its own, may request the state  civil  service  depart-
ment,  county  civil  service  commission or county personnel officer to
furnish it with the names of persons on  an  appropriate  eligible  list
established  by  the department, commission or personnel officer, which,
if so requested by the municipal commission, shall be limited  to  resi-
dents  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 political 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  developed  pursuant  to  subdivision  five  of
section seventeen of this [chapter] TITLE.  PROVIDED, HOWEVER, THAT IF A
LIST DOES NOT ADEQUATELY REPRESENT MINORITY POPULATIONS AND THE EXISTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05424-11-5
              

S. 2037--B                          2

DEPARTMENT'S  ETHNIC,  RACIAL  OR  WOMEN  COMPOSITION  DEVIATES FROM THE
COMMUNITY UPON WHICH THEY SERVE BY TWENTY-FIVE PERCENT OR MORE, A MUNIC-
IPAL COMMISSION MAY USE 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.  ALTERNATE LISTS SHALL BE PROVIDED AND DEPARTMENTS SHALL HIRE
FROM  SUCH  ALTERNATE  LISTS  UNTIL  SUCH DEPARTMENT'S ETHNIC, RACIAL OR
WOMEN COMPOSITION NO LONGER DEVIATES FROM THE COMMUNITY UPON WHICH  THEY
SERVE  BY  TWENTY-FIVE  PERCENT  OR  MORE, UPON WHICH TIME THE MUNICIPAL
COMMISSION SHALL BE REQUIRED TO USE ITS OWN ELIGIBLE LIST. Such  munici-
pal  commission  may  certify  such  names for appointment to a position
under its jurisdiction in the same manner  as  certifications  are  made
from  the  eligible lists of such commission. If the state civil service
department, county civil service commission or county personnel officer,
upon the request of such commission, has certified an appropriate eligi-
ble list to fill a particular position, such list shall continue  to  be
used  until superseded by an eligible list established by such municipal
commission for such position, or until such list expires or is exhausted
or is otherwise terminated.  CANDIDATES FROM ALTERNATE  LISTS  SHALL  BE
HIRED BASED ON THEIR MERIT AND QUALIFICATIONS.
  S 2. This act shall take effect immediately.

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

                                 2037--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 and a new subdi-
vision 4-c is added to read as follows:
  4. Use of state and county eligible lists, AS THE SOURCE OF NEW HIRES,
by municipal commissions. A municipal commission, in the absence  of  an
eligible  list  of  its own, may request the state civil service depart-
ment, county civil service commission or  county  personnel  officer  to
furnish  it  with  the  names of persons on an appropriate eligible list
established by the department, commission or personnel  officer,  which,
if  so  requested by the municipal commission, shall be limited to resi-
dents 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 political 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  developed  pursuant to subdivision five of
section seventeen of this [chapter] TITLE.   Such  municipal  commission

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05424-13-5
              

S. 2037--C                          2

may certify such names for appointment to a position under its jurisdic-
tion  in  the  same  manner as certifications are made from the eligible
lists of such commission. If the state civil service department,  county
civil  service  commission or county 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  super-
seded  by  an eligible list established by such municipal commission for
such position, or until such list expires or is exhausted or  is  other-
wise terminated.
  4-C.  ALTERNATE LISTS FOR POLICE DEPARTMENTS. POLICE DEPARTMENTS WHERE
A  LIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION DOES NOT ADEQUATELY
REPRESENT MINORITY POPULATIONS  AND  THE  EXISTING  POLICE  DEPARTMENT'S
ETHNIC,  RACIAL  OR  WOMEN  COMPOSITION DEVIATES FROM THE COMMUNITY UPON
WHICH THEY SERVE BY TWENTY-FIVE PERCENT OR MORE, A MUNICIPAL  COMMISSION
MAY  USE  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.    ALTER-
NATE LISTS SHALL BE PROVIDED AND POLICE DEPARTMENTS SHALL HIRE FROM SUCH
ALTERNATE  LISTS  UNTIL SUCH POLICE DEPARTMENT'S ETHNIC, RACIAL OR WOMEN
COMPOSITION NO LONGER DEVIATES FROM THE COMMUNITY UPON WHICH THEY  SERVE
BY TWENTY-FIVE PERCENT OR MORE, UPON WHICH TIME THE MUNICIPAL COMMISSION
SHALL  BE REQUIRED TO USE ITS OWN ELIGIBLE LIST.  CANDIDATES FROM ALTER-
NATE LISTS FOR POLICE DEPARTMENT HIRING SHALL BE HIRED  BASED  ON  THEIR
MERIT AND QUALIFICATIONS.
  S 2. This act shall take effect immediately.