S T A T E O F N E W Y O R K
________________________________________________________________________
5406
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 6 of article 5 of the constitution, in
relation to civil service appointments and promotions; veterans' pref-
erences and credits
Section 1. Resolved (if the Senate concur), That section 6 of article
5 of the constitution be amended to read as follows:
§ 6. Appointments and promotions in the civil service of the state and
all of the civil divisions thereof, including cities and villages, shall
be made according to merit and fitness to be ascertained, as far as
practicable, by examination which, as far as practicable, shall be
competitive; provided, however, that any member of the armed forces of
the United States [who served therein in time of war, and] who, at the
time of such member's appointment or promotion, is a citizen or an alien
lawfully admitted for permanent residence in the United States and a
resident of this state and is honorably discharged or released under
honorable circumstances from such service, shall be entitled to receive
five points additional credit in a competitive examination for original
appointment and two and one-half points additional credit in an examina-
tion for promotion or, if such member was disabled in the actual
performance of duty [in any war] and his or her disability is certified
by the United States department of veterans affairs to be in existence
at the time of application for appointment or promotion, he or she shall
be entitled to receive ten points additional credit in a competitive
examination for original appointment and five points additional credit
in an examination for promotion. Such additional credit shall be added
to the final earned rating of such member after he or she has qualified
in an examination and shall be granted only at the time of establishment
of an eligible list. No such member shall receive the additional credit
granted by this section after he or she has received one appointment,
either original entrance or promotion, from an eligible list on which he
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89028-01-1
A. 5406 2
or she was allowed the additional credit granted by this section, except
where a member has been appointed or promoted from an eligible list on
which he or she was allowed additional credit for military service and
subsequent to such appointment he or she is disabled as provided in this
section, such member shall be entitled to ten points additional credit
less the number of points of additional credit allowed for the prior
appointment.
§ 2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.