Bill Text: NY A07080 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides all veterans with the opportunity to score additional points on civil service exams and provides that military service be weighted in the veteran's favor when applying for a non-classified civil service position.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-25 - enacting clause stricken [A07080 Detail]
Download: New_York-2017-A07080-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7080 2017-2018 Regular Sessions IN ASSEMBLY April 4, 2017 ___________ Introduced by M. of A. SKARTADOS -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to providing all veterans with the opportunity to score additional points on civil service exams and providing that military service be weighed in the veteran's favor when applying for a non-classified civil service posi- tion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil service law is amended by adding a new section 89 2 to read as follows: 3 § 89. Additional credit allowed veterans for non-classified civil 4 service positions; preference in retention upon abolition of positions. 5 1. Definitions. As used in this section: 6 (a) "veteran" means a member of the armed forces of the United States, 7 who was honorably discharged or released under honorable circumstances 8 from such service, who is a citizen of the United States or an alien 9 lawfully admitted for permanent residence in the United States and who 10 is a resident of the state of New York at the time of application for 11 appointment or promotion or at the time of retention, as the case may 12 be; and 13 (b) "military service" means service as an officer or enlisted person 14 in the armed forces of the United States in time of armed conflict or 15 peace. 16 2. A veteran's military service shall be formally considered and 17 weighted in the hiring process for non-classified civil service posi- 18 tions. 19 3. (a) Except as herein otherwise provided, no person who has received 20 a permanent original appointment or a permanent promotion in a non-clas- 21 sified or classified position in the civil service of the state or of 22 any city or civil division thereof from an eligible list on which he or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10853-01-7A. 7080 2 1 she was allowed the additional credit granted by this article, as a 2 veteran, shall thereafter be entitled to any additional consideration 3 under this section as a veteran. 4 (b) Where a veteran or disabled veteran has been originally appointed 5 or promoted to a non-classified position or a classified position from 6 an eligible list on which he or she was allowed additional credit, but 7 such appointment or promotion is thereafter terminated either at the end 8 of the probationary term or by resignation at or before the end of the 9 probationary term, he or she shall not be deemed to have been appointed 10 or promoted, as the case may be, and such appointment or promotion shall 11 not affect his eligibility for additional consideration or credit in 12 other examinations. 13 4. The state civil service department and each municipal commission 14 shall establish and maintain in its office a roster of all veterans 15 appointed or promoted as a result of additional consideration granted by 16 this section to positions under its jurisdiction. The appointment or 17 promotion of a veteran as a result of additional consideration shall be 18 void if such veteran, prior to such appointment or promotion, had been 19 appointed or promoted as a result of additional consideration granted by 20 this section or credit granted by this article. 21 5. In the event of the abolition or elimination of any non-classified 22 position in the civil service, any suspension, demotion or displacement 23 shall be made in the inverse order of the date of original appointment 24 in the service subject to the following conditions: (1) blind employees 25 shall be granted absolute preference in retention; (2) the date of such 26 original appointment for veterans shall be deemed to be thirty months 27 earlier than the actual date, determined in accordance with section 28 thirty of the general construction law; (3) no permanent competitive 29 class employee subject to the jurisdiction of the civil service commis- 30 sion of the city of New York who receives an injury in the line of duty, 31 as defined in this paragraph, which requires immediate hospitalization, 32 and which is not compensable through workmen's compensation may be 33 suspended, demoted or displaced pursuant to section eighty of this chap- 34 ter within three months of the date of his or her confinement, provided 35 that medical authorities approved by such commission shall certify that 36 the employee is not able to perform the duties of his or her position; 37 provided further, that such three-month period may be extended by such 38 commission for additional periods not to exceed one year each upon the 39 certification of medical authorities selected by such commission that 40 the employee is, as a result of his or her injury, still not able to 41 perform the duties of his or her position. An injury in the line of 42 duty, as used herein, shall be construed to mean an injury which is 43 incurred as a direct result of the lawful performance of the duties of 44 the position. In determining whether an injury was received in the line 45 of duty, such commission shall require the head of the agency by which 46 the employee is employed to certify that the injury was received as a 47 direct result of the lawful performance of the employee's duties; and 48 (4) the spouse of a veteran with one hundred percent service connected 49 disability shall be deemed to be sixty months earlier than the actual 50 date, determined in accordance with section thirty of the general 51 construction law, provided, the spouse is domiciled with the veteran- 52 spouse and is the head of the household. This section shall not be 53 construed as conferring any additional benefit upon such employee other 54 than a preference in retention. Such employee shall be subject to trans- 55 fer upon the abolition of his or her function within his or her agency 56 or department. For the purpose of this subdivision, the terms "date ofA. 7080 3 1 original appointment" and "date of original appointment in the service" 2 shall mean, for persons subject to subdivisions one-a and one-c of 3 section eighty of this chapter, the date of original appointment on a 4 permanent basis in the grade or title in the service of the governmental 5 jurisdiction in which such abolition or deduction occurs. 6 6. Penalty for denial of preference in retention. A refusal to allow 7 the preference in retention provided for in this section to any veteran, 8 or a reduction of his or her compensation intended to bring about his or 9 her resignation shall be deemed a misdemeanor, and any such veteran 10 shall have a right of action therefor in any court of competent juris- 11 diction for damages and for righting the wrong. 12 § 2. Section 85 of the civil service law, as added by chapter 790 of 13 the laws of 1958, paragraph (a) of subdivision 1 as amended by chapter 14 333 of the laws of 1993, paragraph (b) of subdivision 1 as amended by 15 chapter 661 of the laws of 1983, subparagraph 2 of paragraph (b) of 16 subdivision 1 as amended by chapter 616 of the laws of 1995, subpara- 17 graph 3 of paragraph (b) and paragraph (c) of subdivision 1 as amended 18 by chapter 467 of the laws of 1991, subparagraph 4 of paragraph (c) of 19 subdivision 1 as amended by chapter 179 of the laws of 2006, paragraph 20 (c) of subdivision 4 as amended by chapter 15 of the laws of 1971, 21 subdivision 7 as amended by chapter 532 of the laws of 1976 and subdivi- 22 sion 7-a as amended by chapter 334 of the laws of 1994, is amended to 23 read as follows: 24 § 85. Additional credit allowed veterans in competitive examinations; 25 preference in retention upon abolition of positions. 1. Definitions. (a) 26 The [terms] term "veteran" [and "non-disabled veteran" mean] means a 27 member of the armed forces of the United States who served therein in 28 time of war or peace, who was honorably discharged or released under 29 honorable circumstances from such service, who is a citizen of the 30 United States or an alien lawfully admitted for permanent residence in 31 the United States and who is a resident of the state of New York at the 32 time of application for appointment or promotion or at the time of 33 retention, as the case may be. 34 [(b) The term "disabled veteran" means a veteran who is certified by35the United States veterans' administration or a military department as36entitled to receive disability payments upon the certification of such37veterans' administration or a military department for a disability38incurred by him in time of war and in existence at the time of applica-39tion for appointment or promotion or at the time of retention, as the40case may be. Such disability shall be deemed to be in existence at the41time of application for appointment or promotion or at the time of42retention, as the case may be, if the certificate of such veterans'43administration shall state affirmatively that such veteran has been44examined by a medical officer of such veterans' administration on a date45within one year of either the date of filing application for competitive46examination for original appointment or promotion or the date of the47establishment of the resulting eligible list or within one year of the48time of retention, as the case may be; that at the time of such examina-49tion the war-incurred disability described in such certificate was found50to exist; and that such disability is rated at ten per centum or more.51Such disability shall also be deemed to be in existence at such time if52the certificate of such veterans' administration shall state affirma-53tively that a permanent stabilized condition of disability exists to an54extent of ten per centum or more, notwithstanding the fact that such55veteran has not been examined by a medical officer of such veterans'56administration within one year of either the time of application forA. 7080 4 1appointment or promotion or the date of filing application for compet-2itive examination for original appointment or promotion, or within one3year of the time of retention, as the case may be. The term "disabled4veteran" shall also mean:5(1) A veteran who served in world war I, who continued to serve in the6armed forces of the United States after the eleventh day of November,7nineteen hundred eighteen, and who is certified, as hereinbefore8provided, by the United States veterans' administration as receiving9disability payments upon the certification of such veterans' adminis-10tration for a disability incurred by him in such service on or before11the second day of July, nineteen hundred twenty-one.12(2) A veteran who served in world war II, who continued to serve in13the armed forces of the United States after the second day of September,14nineteen hundred forty-five, or who was employed by the War Shipping15Administration or Office of Defense Transportation or their agents as a16merchant seaman documented by the United States Coast Guard or Depart-17ment of Commerce, or as a civil servant employed by the United States18Army Transport Service (later redesignated as the United States Army19Transportation Corps, Water Division) or the Naval Transportation20Service; and who served satisfactorily as a crew member during the peri-21od of armed conflict, December seventh, nineteen hundred forty-one, to22August fifteenth, nineteen hundred forty-five, aboard merchant vessels23in oceangoing, i.e., foreign, intercoastal, or coastwise service as such24terms are defined under federal law (46 USCA 10301 & 10501) and further25to include "near foreign" voyages between the United States and Canada,26Mexico, or the West Indies via ocean routes, or public vessels in ocean-27going service or foreign waters and who has received a Certificate of28Release or Discharge from Active Duty and a discharge certificate, or an29Honorable Service Certificate/Report of Casualty, from the Department of30Defense, or who served as a United States civilian employed by the Amer-31ican Field Service and served overseas under United States Armies and32United States Army Groups in world war II during the period of armed33conflict, December seventh, nineteen hundred forty-one through May34eighth, nineteen hundred forty-five, and who was discharged or released35therefrom under honorable conditions, or who served as a United States36civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri-37can World Airways or one of its subsidiaries or its affiliates and38served overseas as a result of Pan American's contract with Air Trans-39port Command or Naval Air Transport Service during the period of armed40conflict, December fourteenth, nineteen hundred forty-one through August41fourteenth, nineteen hundred forty-five, and who was discharged or42released therefrom under honorable conditions, and who is certified, as43hereinbefore provided, by the United States veterans' administration as44receiving disability payments upon the certification of such veterans'45administration for a disability incurred by him in such service on or46before the date that world war II is declared terminated.47(3) A veteran who served during hostilities participated in by the48military forces of the United States subsequent to June twenty-seventh,49nineteen hundred fifty, and who continued to serve in the armed forces50of the United States after the thirty-first day of January, nineteen51hundred fifty-five, and who is certified, as hereinbefore provided, by52the United States veterans' administration as receiving disability53payments upon the certification of such veterans' administration for a54disability incurred by him in such service.A. 7080 5 1(c) The term "time of war" shall include the following wars and2hostilities for the periods and based upon the evidence herein set3forth:4(1) World war I, from the sixth day of April, nineteen hundred seven-5teen, to and including the eleventh day of November, nineteen hundred6eighteen.7(2) World war II, from the seventh day of December, nineteen hundred8forty-one, to and including the thirty-first day of December, nineteen9hundred forty-six.10(3) Hostilities participated in by the military forces of the United11States, from the twenty-seventh day of June, nineteen hundred fifty, to12and including the thirty-first day of January, nineteen hundred fifty-13five.14(4) Hostilities participated in by the military forces of the United15States, from the twenty-eighth day of February, nineteen hundred sixty-16one to the seventh day of May, nineteen hundred seventy-five.17(5) Hostilities participated in by the military forces of the United18States in Lebanon, from the first day of June, nineteen hundred eighty-19three to the first day of December, nineteen hundred eighty-seven, as20established by receipt of the armed forces expeditionary medal, the navy21expeditionary medal, or the marine corps expeditionary medal.22(6) Hostilities participated in by the military forces of the United23States in Grenada, from the twenty-third day of October, nineteen24hundred eighty-three to the twenty-first day of November, nineteen25hundred eighty-three, as established by receipt of the armed forces26expeditionary medal, the navy expeditionary medal, or the marine corps27expeditionary medal.28(7) Hostilities participated in by the military forces of the United29States in Panama, from the twentieth day of December, nineteen hundred30eighty-nine to the thirty-first day of January, nineteen hundred ninety,31as established by receipt of the armed forces expeditionary medal, the32navy expeditionary medal, or the marine corps expeditionary medal.33(8) Hostilities participated in by the military forces of the United34States in the Persian Gulf, from the second day of August, nineteen35hundred ninety to the end of such hostilities.36(d)] (b) The term "time of application for original appointment or 37 promotion" shall mean the date of the establishment of an eligible list 38 resulting from a competitive examination for original appointment or 39 promotion, as the case may be, which date shall be the date on which the 40 term of such eligible list commences. 41 [(e)] (c) The term "time of retention" shall mean the time of aboli- 42 tion or elimination of positions. 43 2. Additional credits in competitive examinations for original 44 appointment or promotion. 45 (a) On all eligible lists resulting from competitive examinations, the 46 names of eligibles shall be entered in the order of their respective 47 final earned ratings on examination, with the name of the eligible with 48 the highest final earned rating at the head of such list, provided, 49 however, that for the purpose of determining final earned ratings, [(1)50Disabled] veterans shall be entitled to receive ten points additional in 51 a competitive examination for original appointment and five points addi- 52 tional credit in a competitive examination for promotion[, and53(2) Non-disabled veterans shall be entitled to receive five points54additional credit in a competitive examination for original appointment55and two and one-half points additional credit in a competitive examina-56tion for promotion].A. 7080 6 1 (b) Such additional credit shall be added to the final earned rating 2 of such [disabled veteran or non-disabled] veteran, [as the case may3be,] after he or she has qualified in the competitive examination and 4 shall be granted only at the time of establishment of the resulting 5 eligible list. 6 3. Application for additional credit; proof of eligibility; establish- 7 ment of eligible list. Any candidate, believing himself or herself enti- 8 tled to additional credit in a competitive examination as provided here- 9 in, may make application for such additional credit at any time between 10 the date of his or her application for examination and the date of the 11 establishment of the resulting eligible list. Such candidates shall be 12 allowed a period of not less than two months from the date of the filing 13 of his or her application for examination in which to establish by 14 appropriate documentary proof his or her eligibility to receive addi- 15 tional credit under this section. At any time after two months have 16 elapsed since the final date for filing applications for a competitive 17 examination for original appointment or promotion, the eligible list 18 resulting from such examination may be established, notwithstanding the 19 fact that a veteran [or disabled veteran] who has applied for additional 20 credit has failed to establish his or her eligibility to receive such 21 additional credit. A candidate who fails to establish, by appropriate 22 documentary proof, his or her eligibility to receive additional credit 23 by the time an eligible list is established shall not thereafter be 24 granted additional credit on such eligible list. 25 4. Use of additional credit. (a) Except as herein otherwise provided, 26 no person who has received a permanent original appointment or a perma- 27 nent promotion in the civil service of the state or of any city or civil 28 division thereof from an eligible list on which he or she was allowed 29 the additional credit granted by this section, [either] as a veteran [or30disabled veteran], shall thereafter be entitled to any additional credit 31 under this section either as a veteran [or a disabled veteran]. 32 (b) Where, at the time of establishment of an eligible list, the posi- 33 tion of a veteran [or disabled veteran] on such list has not been 34 affected by the addition of credits granted under this section, the 35 appointment or promotion of such veteran [or disabled veteran, as the36case may be,] from such eligible list shall not be deemed to have been 37 made from an eligible list on which he or she was allowed the additional 38 credit granted by this section. 39 (c) If, at the time of appointment from an eligible list, a veteran 40 [or disabled veteran] is in the same relative standing among the eligi- 41 bles who are willing to accept appointment as if he or she had not been 42 granted the additional credits provided by this section, his or her 43 appointment from among such eligibles shall not be deemed to have been 44 made from an eligible list on which he or she was allowed such addi- 45 tional credits. 46 (d) Where a veteran [or disabled veteran] has been originally 47 appointed or promoted from an eligible list on which he or she was 48 allowed additional credit, but such appointment or promotion is there- 49 after terminated either at the end of the probationary term or by resig- 50 nation at or before the end of the probationary term, he or she shall 51 not be deemed to have been appointed or promoted, as the case may be, 52 from an eligible list on which he or she was allowed additional credit, 53 and such appointment or promotion shall not affect his or her eligibil- 54 ity for additional credit in other examinations. 55 5. Withdrawal of application; election to relinquish additional cred- 56 it. An application for additional credit in a competitive examinationA. 7080 7 1 under this section may be withdrawn by the applicant at any time prior 2 to the establishment of the resulting eligible list. At any time during 3 the term of existence of an eligible list resulting from a competitive 4 examination in which a veteran [or disabled veteran] has received the 5 additional credit granted by this section, such veteran [or disabled6veteran] may elect, prior to permanent original appointment or permanent 7 promotion, to relinquish the additional credit theretofore granted to 8 him or her and accept the lower position on such eligible list to which 9 he or she would otherwise have been entitled; provided, however, that 10 such election shall thereafter be irrevocable. Such election shall be in 11 writing and signed by the veteran [or disabled veteran], and transmitted 12 to the state civil service department or the appropriate municipal civil 13 service commission. 14 6. Roster. The state civil service department and each municipal 15 commission shall establish and maintain in its office a roster of all 16 veterans [and disabled veterans] appointed or promoted as a result of 17 additional credits granted by this section to positions under its juris- 18 diction. The appointment or promotion of a veteran [or disabled veteran] 19 as a result of additional credits shall be void if such veteran [or20disabled veteran], prior to such appointment or promotion, had been 21 appointed or promoted as a result of additional credits granted by this 22 section. 23 7. Preference in retention upon the abolition of positions. In the 24 event of the abolition or elimination of any position in the civil 25 service for which eligible lists are established or any position the 26 incumbent of which is encompassed by section eighty-a of this chapter, 27 any suspension, demotion or displacement shall be made in the inverse 28 order of the date of original appointment in the service subject to the 29 following conditions: (1) blind employees shall be granted absolute 30 preference in retention; (2) [the date of such original appointment for31disabled veterans shall be deemed to be sixty months earlier than the32actual date, determined in accordance with section thirty of the general33construction law; (3)] the date of such original appointment for [non-34disabled] veterans shall be deemed to be thirty months earlier than the 35 actual date, determined in accordance with section thirty of the general 36 construction law; [(4)] (3) no permanent competitive class employee 37 subject to the jurisdiction of the civil service commission of the city 38 of New York who receives an injury in the line of duty, as defined in 39 this paragraph, which requires immediate hospitalization, and which is 40 not compensable through workmen's compensation may be suspended, demoted 41 or displaced pursuant to section eighty of this chapter within three 42 months of the date of his or her confinement, provided that medical 43 authorities approved by such commission shall certify that the employee 44 is not able to perform the duties of his or her position; provided 45 further, that such three-month period may be extended by such commission 46 for additional periods not to exceed one year each upon the certif- 47 ication of medical authorities selected by such commission that the 48 employee is, as a result of his or her injury, still not able to perform 49 the duties of his or her position. An injury in the line of duty, as 50 used herein, shall be construed to mean an injury which is incurred as a 51 direct result of the lawful performance of the duties of the position. 52 In determining whether an injury was received in the line of duty, such 53 commission shall require the head of the agency by which the employee is 54 employed to certify that the injury was received as a direct result of 55 the lawful performance of the employee's duties; and [(5)] (4) the 56 spouse of a veteran with one hundred percent service connected disabili-A. 7080 8 1 ty shall be deemed to be sixty months earlier than the actual date, 2 determined in accordance with section thirty of the general construction 3 law, provided, the spouse is domiciled with the veteran-spouse and is 4 the head of the household. This section shall not be construed as 5 conferring any additional benefit upon such employee other than a pref- 6 erence in retention. Such employee shall be subject to transfer upon the 7 abolition of his or her function within his or her agency or department. 8 7-a. For the purpose of subdivision seven of this section, the terms 9 "date of original appointment" and "date of original appointment in the 10 service" shall mean, for persons subject to subdivisions one-a and one-c 11 of section eighty of this chapter, the date of original appointment on a 12 permanent basis in the grade or title in the service of the governmental 13 jurisdiction in which such abolition or reduction occurs. 14 8. Penalty for denial of preference in retention. A refusal to allow 15 the preference in retention provided for in this section to any veteran 16 [or disabled veteran], or a reduction of his or her compensation 17 intended to bring about his or her resignation shall be deemed a misde- 18 meanor, and any such veteran [or disabled veteran] shall have a right of 19 action therefor in any court of competent jurisdiction for damages and 20 for righting the wrong. 21 § 3. This act shall take effect immediately.
