S T A T E   O F   N E W   Y O R K
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                                  9441

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of A. ABBATE, GOLDFEDER -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation  to  the  appointment
  and promotion of supervisors of the emergency medical service

  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
59-b to read as follows:
  S  59-B.  PROMOTIONS OF SUPERVISORY PERSONNEL OF THE EMERGENCY MEDICAL
SERVICE. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT  THE  CONTIN-
UED,  UNINTERRUPTED,  ADEQUATE  AND  EFFICIENT  OPERATION  OF  EMERGENCY
MEDICAL SERVICES IS NECESSARY FOR THE GENERAL  WELFARE  OF  THE  PEOPLE;
THAT SUCH ADEQUATE OPERATION INVOLVES AND REQUIRES PERSONNEL WITH HIGHLY
SPECIALIZED ABILITIES, SKILLS, TRAINING AND KNOWLEDGE, WHICH NECESSITATE
THAT  VACANCIES  IN  THE  EMERGENCY MEDICAL SERVICES IN THE POSITIONS OF
SUPERVISING EMERGENCY MEDICAL SERVICE SPECIALIST  LEVEL  II  (CAPTAINS),
DEPUTY  CHIEF, DIVISION CHIEF, DIVISION COMMANDER, AND/OR POSITIONS WITH
EQUIVALENT DUTIES AND RESPONSIBILITIES, SHALL BE FILLED AS FAR AS  PRAC-
TICABLE  BY PROMOTION FROM AMONG PERSONS HOLDING COMPETITIVE CLASS POSI-
TIONS IN A LOWER GRADE IN THE DEPARTMENT IN WHICH  THE  VACANCY  EXISTS,
PROVIDED  THAT  SUCH  LOWER  GRADE  POSITIONS  ARE  IN  DIRECT  LINE  OF
PROMOTION, AS DETERMINED BY THE DEPARTMENT OR MUNICIPAL COMMISSION.
  2. PROMOTION SHALL BE BASED ON MERIT  AND  FITNESS  AS  DETERMINED  BY
EXAMINATION,  DUE WEIGHT BEING GIVEN TO SENIORITY. THE PREVIOUS TRAINING
AND EXPERIENCE OF THE CANDIDATES, AND PERFORMANCE RATINGS  WHERE  AVAIL-
ABLE,  MAY  BE CONSIDERED AND GIVEN DUE WEIGHT AS FACTORS IN DETERMINING
THE RELATIVE MERIT AND FITNESS OF CANDIDATES FOR PROMOTION.
  3. NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  CHAPTER  OR  ANY  OTHER
PROVISIONS  TO  THE CONTRARY CONTAINED IN ANY GENERAL, SPECIAL, OR LOCAL
LAWS, ANY PERSON HOLDING A POSITION IN THE SUPERVISORY PERSONNEL OF  THE
EMERGENCY MEDICAL SERVICE IN THE TITLES OF SUPERVISING EMERGENCY MEDICAL
SERVICE  SPECIALIST  LEVEL  II (CAPTAINS), DEPUTY CHIEF, DIVISION CHIEF,
AND DIVISION COMMANDER, AND/OR POSITIONS FOR WHICH THE EMPLOYEES PERFORM
SIMILAR DUTIES AND RESPONSIBILITIES,  ON  THE  EFFECTIVE  DATE  OF  THIS

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

                                                           LBD14249-01-6

A. 9441                             2

SECTION  SHALL  BE  TREATED  AS  HOLDING A PERMANENT APPOINTMENT IN SUCH
POSITION, AND SHALL BE ELIGIBLE FOR PROMOTION TO A POSITION IN A  HIGHER
GRADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  4.  EXCEPT  AS  PROVIDED  ABOVE,  THE PROVISIONS OF THIS CHAPTER SHALL
APPLY TO EMPLOYEES COVERED BY THIS SECTION.
  S 2. This act shall take effect immediately.