NY State Senate Bill 2023-S179

Senate Bill S179

2023-2024 Legislative Session

Relates to the appointment and promotion of supervisors of the fire alarm dispatcher service

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2023	committed to rules
Feb 13, 2023	advanced to third reading
Feb 08, 2023	2nd report cal.
Feb 07, 2023	1st report cal.318
Jan 04, 2023	referred to civil service and pensions

Votes

- Feb 7, 2023 - Civil Service And Pensions Committee Vote
  S179
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Feb 7, 2023
      
      aye (7)
      
      Addabbo Jr.
      
      Chu
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      Weik

2023-S179 (ACTIVE) - Details

See Assembly Version of this Bill:: A3769
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Add §59-e, Civ Serv L

2023-S179 (ACTIVE) - Summary

Relates to the appointment and promotion of supervisors of the fire alarm dispatcher service; requires that a promotion be based on merit and fitness as determined by competitive examination, due weight being given to seniority.

2023-S179 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S179

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the appointment
and promotion of supervisors of the fire alarm dispatcher service

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 59-E to the Civil Service Law to provide
that vacancies in the supervisory personnel of the fire alarm dispatcher
service in the title of Supervising Fire Alarm Dispatcher level 2 and/or
positions with equivalent duties and responsibilities, shall be filled
by promotion from among employees holding competitive class positions in
a lower grade in the department, and that such promotions shall be based
on merit and fitness examination. This bill also provides that any
employee holding a provisional on an affected position in the superviso-
ry personnel of the fire alarm dispatcher service on the date of enact-
ment shall be given the opportunity to participate in a competitive
promotional examination for the next higher title. Finally, this bill
provides that other than as provided in this section, the remainder of
the civil service law shall apply to employees serving in an affected

title.

Section 2 is the effective date.

 
JUSTIFICATION:

The New York State Constitution, Article V, Section 6 mandates that
"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 practi-
cable by examination which as far as practicable, shall be competitive."

The proposed addition to Title A of Article 4 of the Civil Service Law
would ensure that, consistent with the New York Constitution, superviso-
ry personnel in the fire alarm dispatcher service are the most qualified
to serve in these positions of paramount responsibility. Only the most
qualified personnel deserve promotion to these supervisory positions.
Promotions made in accordance with competitive examination ensure that
the highest level of fire alarm dispatch skill is rendered to the public
in the most efficient and competent possible manner.

 
LEGISLATIVE HISTORY:

2021-2022: S.8685 - Vetoed Memo 103/A.9133 - Vetoed Memo 103

2021-2022: S.6015 - Vetoed Memo 80/A.6873 - Vetoed Memo 80

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S179 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    179
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  the  appointment
   and promotion of supervisors of the fire alarm dispatcher 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-e to read as follows:
   §  59-E.  PROMOTIONS  OF  SUPERVISORY  PERSONNEL  OF  THE  FIRE  ALARM
 DISPATCHER SERVICE. 1. THE LEGISLATURE HEREBY FINDS  AND  DECLARES  THAT
 THE  CONTINUED,  UNINTERRUPTED, ADEQUATE AND EFFICIENT OPERATION OF FIRE
 AND EMERGENCY MEDICAL SERVICES IS NECESSARY FOR THE GENERAL  WELFARE  OF
 THE  PEOPLE  AND  THAT  SUCH  ADEQUATE  OPERATION  INVOLVES AND REQUIRES
 PERSONNEL WITH HIGHLY SPECIALIZED ABILITY,  SKILL,  TRAINING  AND  KNOW-
 LEDGE,  WHICH  NECESSITATES  THAT VACANCIES IN THE FIRE ALARM DISPATCHER
 SERVICE IN THE POSITION OF SUPERVISING FIRE ALARM  DISPATCHER  LEVEL  II
 SHALL  BE  FILLED  AS FAR AS PRACTICABLE BY PROMOTION FROM AMONG PERSONS
 HOLDING COMPETITIVE CLASS POSITIONS 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
 COMPETITIVE EXAMINATION, DUE WEIGHT BEING GIVEN TO SENIORITY. THE PREVI-
 OUS TRAINING AND EXPERIENCE OF THE CANDIDATES, AND  PERFORMANCE  RATINGS
 WHERE  AVAILABLE,  MAY  BE CONSIDERED AND GIVEN DUE WEIGHT AS FACTORS IN
 DETERMINING THE RELATIVE MERIT AND FITNESS OF CANDIDATES FOR PROMOTION.
   3. ANY PERMANENT COMPETITIVE EMPLOYEE HOLDING A PROVISIONAL OR DISCRE-
 TIONARY APPOINTMENT IN THE AFFECTED SUPERVISORY TITLE OF THE FIRE  ALARM
 DISPATCHER SERVICE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01828-01-3

 S. 179                              2
 
 GIVEN  THE OPPORTUNITY TO PARTICIPATE IN A COMPETITIVE PROMOTIONAL EXAM-
 INATION FOR THE NEXT HIGHER LEVEL TITLE.
   4.  EXCEPT  AS  PROVIDED  ABOVE,  THE PROVISIONS OF THIS CHAPTER SHALL
 APPLY TO EMPLOYEES COVERED BY THIS SECTION.
   § 2. This act shall take effect immediately.

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