Bill Text: NY S02500 | 2009-2010 | General Assembly | Introduced
Bill Title: Grants additional credit to volunteer firefighters in competitive examinations, granted only at the time of establishing the resulting eligibility list; creates a preference in retention for volunteer firefighters of an additional sixty months credit with regard to lists of seniority for layoffs and terminations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S02500 Detail]
Download: New_York-2009-S02500-Introduced.html
S T A T E O F N E W Y O R K
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2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
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Introduced by Sen. VOLKER -- 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 granting addi-
tional credit to volunteer firefighters in competitive examinations
and authorizing a preference in retention upon the abolition of
certain positions
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
2 85-c to read as follows:
3 S 85-C. ADDITIONAL CREDIT ALLOWED VOLUNTEER FIREFIGHTERS IN COMPET-
4 ITIVE EXAMINATIONS; PREFERENCE IN RETENTION UPON ABOLITION OF POSITIONS.
5 1. DEFINITIONS. THE TERM "VOLUNTEER FIREFIGHTER", AS USED IN THIS
6 SECTION, SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE TERM "VOLUN-
7 TEER FIREMAN" IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT
8 LAW.
9 2. ADDITIONAL CREDITS IN COMPETITIVE EXAMINATIONS FOR ORIGINAL
10 APPOINTMENT OR PROMOTION.
11 (A) ON ALL ELIGIBLE LISTS RESULTING FROM COMPETITIVE EXAMINATIONS,
12 THE NAMES OF ELIGIBLES SHALL BE ENTERED IN THE ORDER OF THEIR RESPECTIVE
13 FINAL EARNED RATINGS ON EXAMINATION, WITH THE NAME OF THE ELIGIBLE WITH
14 THE HIGHEST FINAL EARNED RATING AT THE HEAD OF SUCH LIST; PROVIDED,
15 HOWEVER, THAT, FOR THE PURPOSE OF DETERMINING FINAL EARNED RATINGS,
16 VOLUNTEER FIREFIGHTERS SHALL BE ENTITLED TO RECEIVE, IN A COMPETITIVE
17 EXAMINATION FOR ORIGINAL APPOINTMENT, AN ADDITIONAL TWO POINTS FOR TEN
18 YEARS OF SERVICE AS A VOLUNTEER FIREFIGHTER, FOUR POINTS FOR TWENTY
19 YEARS OF SUCH SERVICE, AND FIVE POINTS FOR TWENTY-FIVE YEARS OR MORE OF
20 SUCH SERVICE; AND, IN A COMPETITIVE EXAMINATION FOR PROMOTION, AN ADDI-
21 TIONAL ONE POINT FOR TEN YEARS OF SERVICE AS A VOLUNTEER FIREFIGHTER,
22 TWO POINTS FOR TWENTY YEARS OF SUCH SERVICE, AND TWO AND ONE-HALF POINTS
23 FOR TWENTY-FIVE YEARS OR MORE OF SUCH SERVICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03422-02-9
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1 (B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
2 OF SUCH VOLUNTEER FIREFIGHTER AFTER HE OR SHE HAS QUALIFIED IN THE
3 COMPETITIVE EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTAB-
4 LISHMENT OF THE RESULTING ELIGIBLE LIST.
5 3. APPLICATION FOR ADDITIONAL CREDIT; PROOF OF ELIGIBILITY; ESTAB-
6 LISHMENT OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF
7 ENTITLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION AS PROVIDED
8 IN THIS SECTION, MAY MAKE APPLICATION FOR SUCH ADDITIONAL CREDIT AT ANY
9 TIME BETWEEN THE DATE OF HIS OR HER APPLICATION FOR EXAMINATION AND THE
10 DATE OF THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. A CANDIDATE
11 SHALL BE ALLOWED A PERIOD OF NOT LESS THAN TWO MONTHS FROM THE DATE OF
12 THE FILING OF HIS OR HER APPLICATION FOR EXAMINATION IN WHICH TO ESTAB-
13 LISH, BY APPROPRIATE DOCUMENTARY PROOF, HIS OR HER ELIGIBILITY TO
14 RECEIVE ADDITIONAL CREDIT UNDER THIS SECTION. AT ANY TIME AFTER TWO
15 MONTHS HAVE ELAPSED SINCE THE FINAL DATE FOR FILING APPLICATIONS FOR A
16 COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT OR PROMOTION, THE
17 ELIGIBLE LIST RESULTING FROM SUCH EXAMINATION MAY BE ESTABLISHED,
18 NOTWITHSTANDING THE FACT THAT A VOLUNTEER FIREFIGHTER WHO HAS APPLIED
19 FOR ADDITIONAL CREDIT HAS FAILED TO ESTABLISH HIS OR HER ELIGIBILITY TO
20 RECEIVE SUCH ADDITIONAL CREDIT. A CANDIDATE WHO FAILS TO ESTABLISH, BY
21 APPROPRIATE DOCUMENTARY PROOF, HIS OR HER ELIGIBILITY TO RECEIVE ADDI-
22 TIONAL CREDIT BY THE TIME AN ELIGIBLE LIST IS ESTABLISHED SHALL NOT
23 THEREAFTER BE GRANTED ADDITIONAL CREDIT ON SUCH ELIGIBLE LIST.
24 4. USE OF ADDITIONAL CREDIT. (A) EXCEPT AS OTHERWISE PROVIDED IN
25 THIS SECTION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINT-
26 MENT OR A PERMANENT PROMOTION IN THE CIVIL SERVICE OF THE STATE OR OF
27 ANY CITY OR CIVIL DIVISION THEREOF FROM AN ELIGIBLE LIST ON WHICH HE OR
28 SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION AS A
29 VOLUNTEER FIREFIGHTER SHALL THEREAFTER BE ENTITLED TO ANY ADDITIONAL
30 CREDIT UNDER THIS SECTION AS A VOLUNTEER FIREFIGHTER.
31 (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
32 POSITION OF A VOLUNTEER FIREFIGHTER ON SUCH LIST HAS NOT BEEN AFFECTED
33 BY THE ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT
34 OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER FROM SUCH ELIGIBLE LIST SHALL
35 NOT BE DEEMED TO HAVE BEEN MADE FROM AN ELIGIBLE LIST ON WHICH HE OR SHE
36 WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION.
37 (C) IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A VOLUNTEER
38 FIREFIGHTER IS IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLES WHO ARE
39 WILLING TO ACCEPT APPOINTMENT AS IF HE OR SHE HAD NOT BEEN GRANTED THE
40 ADDITIONAL CREDITS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT FROM
41 AMONG SUCH ELIGIBLES SHALL NOT BE DEEMED TO HAVE BEEN MADE FROM AN
42 ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED SUCH ADDITIONAL CREDITS.
43 (D) WHERE A VOLUNTEER FIREFIGHTER HAS BEEN ORIGINALLY APPOINTED OR
44 PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED ADDITIONAL
45 CREDIT, BUT SUCH APPOINTMENT OR PROMOTION IS THEREAFTER TERMINATED
46 EITHER AT THE END OF THE PROBATIONARY TERM OR BY RESIGNATION AT OR
47 BEFORE THE END OF THE PROBATIONARY TERM, HE OR SHE SHALL NOT BE DEEMED
48 TO HAVE BEEN APPOINTED OR PROMOTED, AS THE CASE MAY BE, FROM AN ELIGIBLE
49 LIST ON WHICH HE OR SHE WAS ALLOWED ADDITIONAL CREDIT, AND SUCH APPOINT-
50 MENT OR PROMOTION SHALL NOT AFFECT HIS OR HER ELIGIBILITY FOR ADDITIONAL
51 CREDIT IN OTHER EXAMINATIONS.
52 5. WITHDRAWAL OF APPLICATION; ELECTION TO RELINQUISH ADDITIONAL CRED-
53 IT. AN APPLICATION FOR ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION
54 UNDER THIS SECTION MAY BE WITHDRAWN BY THE APPLICANT AT ANY TIME PRIOR
55 TO THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. AT ANY TIME DURING
56 THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM A COMPETITIVE
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1 EXAMINATION IN WHICH A VOLUNTEER FIREFIGHTER HAS RECEIVED THE ADDITIONAL
2 CREDIT GRANTED BY THIS SECTION, SUCH VOLUNTEER FIREFIGHTER MAY ELECT,
3 PRIOR TO PERMANENT ORIGINAL APPOINTMENT OR PERMANENT PROMOTION, TO
4 RELINQUISH THE ADDITIONAL CREDIT THERETOFORE GRANTED TO HIM OR HER AND
5 ACCEPT THE LOWER POSITION ON SUCH ELIGIBLE LIST TO WHICH HE OR SHE WOULD
6 OTHERWISE HAVE BEEN ENTITLED; PROVIDED, HOWEVER, THAT SUCH ELECTION
7 SHALL THEREAFTER BE IRREVOCABLE. SUCH ELECTION SHALL BE IN WRITING,
8 SIGNED BY THE VOLUNTEER FIREFIGHTER, AND TRANSMITTED TO THE STATE CIVIL
9 SERVICE DEPARTMENT OR THE APPROPRIATE MUNICIPAL CIVIL SERVICE COMMIS-
10 SION.
11 6. ROSTER. THE STATE CIVIL SERVICE DEPARTMENT AND EACH MUNICIPAL
12 COMMISSION SHALL ESTABLISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL
13 VOLUNTEER FIREFIGHTERS APPOINTED OR PROMOTED AS A RESULT OF ADDITIONAL
14 CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURISDICTION.
15 THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER AS A RESULT OF
16 ADDITIONAL CREDITS SHALL BE VOID IF SUCH VOLUNTEER FIREFIGHTER, PRIOR TO
17 SUCH APPOINTMENT OR PROMOTION, HAD BEEN APPOINTED OR PROMOTED AS A
18 RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
19 7. PREFERENCE IN RETENTION UPON THE ABOLITION OF POSITIONS. IN THE
20 EVENT OF THE ABOLITION OR ELIMINATION OF ANY POSITION IN THE CIVIL
21 SERVICE FOR WHICH ELIGIBLE LISTS ARE ESTABLISHED OR ANY POSITION THE
22 INCUMBENT OF WHICH IS ENCOMPASSED BY SECTION EIGHTY-A OF THIS CHAPTER,
23 ANY SUSPENSION, DEMOTION, OR DISPLACEMENT SHALL BE MADE IN THE INVERSE
24 ORDER OF THE DATE OF ORIGINAL APPOINTMENT IN THE SERVICE SUBJECT TO THE
25 FOLLOWING CONDITIONS: (A) BLIND EMPLOYEES SHALL BE GRANTED ABSOLUTE
26 PREFERENCE IN RETENTION; (B) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR
27 VOLUNTEER FIREFIGHTERS SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
28 THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH SECTION THIRTY OF THE
29 GENERAL CONSTRUCTION LAW; (C) NO PERMANENT COMPETITIVE CLASS EMPLOYEE,
30 SUBJECT TO THE JURISDICTION OF THE CIVIL SERVICE COMMISSION OF THE CITY
31 OF NEW YORK, WHO RECEIVES AN INJURY IN THE LINE OF DUTY, AS DEFINED IN
32 THIS SUBDIVISION, WHICH REQUIRES IMMEDIATE HOSPITALIZATION, AND WHICH IS
33 NOT COMPENSABLE THROUGH WORKERS' COMPENSATION, MAY BE SUSPENDED,
34 DEMOTED, OR DISPLACED PURSUANT TO SECTION EIGHTY OF THIS CHAPTER WITHIN
35 THREE MONTHS OF THE DATE OF HIS OR HER CONFINEMENT; PROVIDED THAT
36 MEDICAL AUTHORITIES APPROVED BY SUCH COMMISSION SHALL CERTIFY THAT THE
37 EMPLOYEE IS NOT ABLE TO PERFORM THE DUTIES OF HIS OR HER POSITION;
38 PROVIDED FURTHER THAT SUCH THREE-MONTH PERIOD MAY BE EXTENDED BY SUCH
39 COMMISSION FOR ADDITIONAL PERIODS NOT TO EXCEED ONE YEAR EACH UPON THE
40 CERTIFICATION OF MEDICAL AUTHORITIES SELECTED BY SUCH COMMISSION THAT
41 THE EMPLOYEE IS, AS A RESULT OF HIS OR HER INJURY, STILL NOT ABLE TO
42 PERFORM THE DUTIES OF HIS OR HER POSITION. AN INJURY IN THE LINE OF
43 DUTY, AS USED IN THIS SUBDIVISION, SHALL BE CONSTRUED TO MEAN AN INJURY
44 WHICH IS INCURRED AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE
45 DUTIES OF THE POSITION. IN DETERMINING WHETHER AN INJURY WAS RECEIVED
46 IN THE LINE OF DUTY, SUCH COMMISSION SHALL REQUIRE THE HEAD OF THE AGEN-
47 CY BY WHICH THE EMPLOYEE IS EMPLOYED TO CERTIFY THAT THE INJURY WAS
48 RECEIVED AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE EMPLOYEE'S
49 DUTIES; AND (D) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR THE SPOUSE OF
50 A VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
51 THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH SECTION THIRTY OF THE
52 GENERAL CONSTRUCTION LAW; PROVIDED THAT THE SPOUSE IS DOMICILED WITH THE
53 VOLUNTEER FIREFIGHTER-SPOUSE AND IS THE HEAD OF THE HOUSEHOLD. THIS
54 SECTION SHALL NOT BE CONSTRUED AS CONFERRING ANY ADDITIONAL BENEFIT UPON
55 SUCH EMPLOYEE OTHER THAN A PREFERENCE IN RETENTION. SUCH EMPLOYEE SHALL
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1 BE SUBJECT TO TRANSFER UPON THE ABOLITION OF HIS OR HER FUNCTION WITHIN
2 HIS OR HER AGENCY OR DEPARTMENT.
3 8. FOR THE PURPOSE OF SUBDIVISION SEVEN OF THIS SECTION, THE TERMS
4 "DATE OF ORIGINAL APPOINTMENT" AND "DATE OF ORIGINAL APPOINTMENT IN THE
5 SERVICE" SHALL MEAN, FOR PERSONS SUBJECT TO SUBDIVISION ONE-A OF SECTION
6 EIGHTY OF THIS CHAPTER, THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT
7 BASIS IN THE GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDIC-
8 TION IN WHICH SUCH ABOLITION OR REDUCTION OCCURS.
9 9. PENALTY FOR DENIAL OF PREFERENCE IN RETENTION. A REFUSAL TO ALLOW
10 THE PREFERENCE IN RETENTION PROVIDED FOR IN THIS SECTION TO ANY VOLUN-
11 TEER FIREFIGHTER OR A REDUCTION OF HIS OR HER COMPENSATION INTENDED TO
12 BRING ABOUT HIS OR HER RESIGNATION IS DEEMED A MISDEMEANOR, AND ANY SUCH
13 VOLUNTEER FIREFIGHTER SHALL HAVE A RIGHT OF ACTION THEREFOR IN ANY COURT
14 OF COMPETENT JURISDICTION FOR DAMAGES AND FOR RIGHTING THE WRONG.
15 S 2. This act shall take effect immediately.
