S T A T E O F N E W Y O R K
________________________________________________________________________
4025
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. PRETLOW, WALKER, PICHARDO, STECK, CRESPO, ARROYO,
COOK, PEOPLES-STOKES, WRIGHT -- Multi-Sponsored by -- M. of A. BLAKE,
SIMON -- read once and referred to the Committee 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 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08626-01-7
A. 4025 2
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.
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. ALTERNATE
LISTS CREATED BY POLICE DEPARTMENTS IN SURROUNDING MUNICIPALITIES 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. POLICE DEPARTMENTS SHALL HIRE
CANDIDATES FROM ALTERNATE LISTS BASED ON MERIT AND FITNESS, FURTHER THE
RULE OF THREE SHALL APPLY.
§ 2. This act shall take effect immediately.