S T A T E   O F   N E W   Y O R K
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                                 3902--A
    Cal. No. 416

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

AN ACT to amend the civil service law, in  relation  to  granting  addi-
  tional credit to auxiliary police officers in competitive examinations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 6 of the civil service  law,
as  added  by  chapter  790  of  the laws of 1958, is amended to read as
follows:
  SPECIAL RIGHTS FOR VETERANS [AND], EXEMPT VOLUNTEER FIREMEN AND AUXIL-
IARY POLICE OFFICERS
  S 2. The civil service law is amended by adding a new section 85-c  to
read as follows:
  S  85-C.    ADDITIONAL  CREDIT  ALLOWED  AUXILIARY  POLICE OFFICERS IN
COMPETITIVE EXAMINATIONS.  1. DEFINITIONS.  AS USED IN THIS SECTION:
  (A) THE TERM "AUXILIARY  POLICE  OFFICER"  SHALL  MEAN  A  PERSON  WHO
ACTIVELY  PARTICIPATES  AS  AN  AUXILIARY POLICE OFFICER OF AN AUXILIARY
POLICE ORGANIZATION ESTABLISHED BY A POLITICAL SUBDIVISION AND  WHO  HAS
RENDERED THREE YEARS OR MORE OF SATISFACTORY SERVICE IN SUCH POSITION.
  (B)    FOR  THE  PURPOSE  OF THIS SECTION, THE TERMS "DATE OF ORIGINAL
APPOINTMENT" AND "DATE OF ORIGINAL APPOINTMENT  IN  THE  SERVICE"  SHALL
MEAN, FOR PERSONS SUBJECT TO SUBDIVISION ONE-A OF SECTION EIGHTY OF THIS
CHAPTER,  THE  DATE  OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE
GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN  WHICH
SUCH ABOLITION OR REDUCTION OCCURS.
  2.    ADDITIONAL  CREDITS  IN  COMPETITIVE  EXAMINATIONS  FOR ORIGINAL
APPOINTMENT OR PROMOTION.  (A)   ON ALL ELIGIBLE  LISTS  RESULTING  FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD08716-02-9

S. 3902--A                          2

COMPETITIVE EXAMINATIONS, THE NAMES OF ELIGIBLES SHALL BE ENTERED IN THE
ORDER  OF THEIR RESPECTIVE FINAL EARNED RATINGS ON EXAMINATION, WITH THE
NAME OF THE ELIGIBLE WITH THE HIGHEST FINAL EARNED RATING AT THE HEAD OF
SUCH  LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF DETERMINING FINAL
EARNED RATINGS, AUXILIARY POLICE OFFICERS SHALL BE ENTITLED  TO  RECEIVE
IN A COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT AN ADDITIONAL FIVE
POINTS  UPON  THE CONDITION THAT SUCH AUXILIARY POLICE OFFICER AGREES TO
ACCEPT A POSITION OF EMPLOYMENT WITHIN THE CITY, TOWN OR VILLAGE OF  HIS
OR HER RESIDENCE AT THE TIME OF APPOINTMENT.

  (B)   SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH AUXILIARY POLICE OFFICER AFTER HE OR SHE HAS  QUALIFIED  IN  THE
COMPETITIVE  EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTAB-
LISHMENT OF THE RESULTING ELIGIBLE LIST.
  3.  APPLICATION FOR ADDITIONAL CREDIT; PROOF  OF  ELIGIBILITY;  ESTAB-
LISHMENT  OF ELIGIBLE LIST.  ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF
ENTITLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION  AS  PROVIDED
HEREIN,  MAY  MAKE  APPLICATION  FOR  SUCH ADDITIONAL CREDIT AT ANY TIME
BETWEEN THE DATE OF HIS OR HER APPLICATION FOR EXAMINATION AND THE  DATE
OF  THE  ESTABLISHMENT  OF THE RESULTING ELIGIBLE LIST.  SUCH CANDIDATES
SHALL BE ALLOWED A PERIOD OF NOT LESS THAN TWO MONTHS FROM THE  DATE  OF
THE  FILING OF HIS OR HER APPLICATION FOR EXAMINATION IN WHICH TO ESTAB-
LISH BY APPROPRIATE DOCUMENTARY PROOF HIS OR HER ELIGIBILITY TO  RECEIVE
ADDITIONAL CREDIT UNDER THIS SECTION.  AT ANY TIME AFTER TWO MONTHS HAVE
ELAPSED  SINCE  THE FINAL DATE FOR FILING APPLICATIONS FOR A COMPETITIVE
EXAMINATION FOR ORIGINAL APPOINTMENT OR  PROMOTION,  THE  ELIGIBLE  LIST
RESULTING  FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING THE
FACT THAT AN AUXILIARY POLICE OFFICER WHO  HAS  APPLIED  FOR  ADDITIONAL
CREDIT  HAS  FAILED  TO ESTABLISH HIS OR HER ELIGIBILITY TO RECEIVE SUCH
ADDITIONAL CREDIT.   A CANDIDATE MUST  BE  IN  GOOD  STANDING  AND  SUCH
EVIDENCE  MUST BE CERTIFIED AND SUBMITTED AS SUPPORTING DOCUMENTATION TO
THE DEPARTMENT OF CIVIL SERVICE.  A CANDIDATE WHO FAILS TO ESTABLISH, BY
APPROPRIATE DOCUMENTARY PROOF, HIS OR HER ELIGIBILITY TO  RECEIVE  ADDI-
TIONAL  CREDIT  BY  THE  TIME  AN ELIGIBLE LIST IS ESTABLISHED SHALL NOT
THEREAFTER BE GRANTED ADDITIONAL CREDIT ON SUCH ELIGIBLE LIST.
  4.  USE OF ADDITIONAL CREDIT.  (A)   EXCEPT AS OTHERWISE  PROVIDED  IN
THIS  SUBDIVISION,  NO  PERSON  WHO  HAS  RECEIVED  A PERMANENT ORIGINAL
APPOINTMENT OR A PERMANENT PROMOTION IN THE CIVIL SERVICE OF  THE  STATE
OR  OF ANY CITY OR CIVIL DIVISION THEREOF FROM AN ELIGIBLE LIST ON WHICH
HE OR SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION   AS
AN  AUXILIARY  POLICE  OFFICER SHALL THEREAFTER BE ENTITLED TO ANY ADDI-
TIONAL CREDIT UNDER THIS SECTION AS AN AUXILIARY POLICE OFFICER.
  (B)  WHERE, AT THE TIME OF ESTABLISHMENT  OF  AN  ELIGIBLE  LIST,  THE
POSITION  OF  AN  AUXILIARY  POLICE  OFFICER  ON  SUCH LIST HAS NOT BEEN
AFFECTED BY THE ADDITION OF CREDITS  GRANTED  UNDER  THIS  SECTION,  THE
APPOINTMENT  OR  PROMOTION  OF  SUCH  AUXILIARY POLICE OFFICER FROM SUCH
ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE BEEN  MADE  FROM  AN  ELIGIBLE
LIST  ON  WHICH  HE  OR SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY
THIS SECTION.
  (C)  IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, AN AUXILIA-
RY POLICE OFFICER IS IN THE SAME RELATIVE STANDING AMONG  THE  ELIGIBLES
WHO  ARE  WILLING  TO  ACCEPT  APPOINTMENT  AS IF HE OR SHE HAD NOT BEEN
GRANTED THE ADDITIONAL CREDITS PROVIDED BY  THIS  SECTION,  HIS  OR  HER
APPOINTMENT  FROM  AMONG SUCH ELIGIBLES SHALL NOT BE DEEMED TO HAVE BEEN
MADE FROM AN ELIGIBLE LIST ON WHICH HE OR SHE  WAS  ALLOWED  SUCH  ADDI-
TIONAL CREDITS.

S. 3902--A                          3

  (D)    WHERE AN AUXILIARY POLICE OFFICER HAS BEEN ORIGINALLY APPOINTED
OR PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS  ALLOWED  ADDI-
TIONAL  CREDIT,  BUT  SUCH APPOINTMENT OR PROMOTION IS THEREAFTER TERMI-
NATED EITHER AT THE END OF THE PROBATIONARY TERM OR BY RESIGNATION AT OR
BEFORE  THE  END OF THE PROBATIONARY TERM, HE OR SHE SHALL NOT BE DEEMED
TO HAVE BEEN APPOINTED OR PROMOTED, AS THE CASE MAY BE, FROM AN ELIGIBLE
LIST ON WHICH HE OR SHE WAS ALLOWED ADDITIONAL CREDIT, AND SUCH APPOINT-
MENT OR PROMOTION SHALL NOT AFFECT HIS OR HER ELIGIBILITY FOR ADDITIONAL
CREDIT IN OTHER EXAMINATIONS.
  5.  WITHDRAWAL OF APPLICATION; ELECTION TO RELINQUISH ADDITIONAL CRED-
IT.  AN APPLICATION FOR ADDITIONAL CREDIT IN A  COMPETITIVE  EXAMINATION
UNDER  THIS  SECTION MAY BE WITHDRAWN BY THE APPLICANT AT ANY TIME PRIOR
TO THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST.  AT ANY TIME DURING
THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM  A  COMPETITIVE
EXAMINATION  IN WHICH AN AUXILIARY POLICE OFFICER HAS RECEIVED THE ADDI-
TIONAL CREDIT GRANTED BY THIS SECTION, SUCH AUXILIARY POLICE OFFICER MAY
ELECT, PRIOR TO PERMANENT ORIGINAL APPOINTMENT OR  PERMANENT  PROMOTION,
TO  RELINQUISH  THE  ADDITIONAL CREDIT THERETOFORE GRANTED TO HIM OR HER
AND ACCEPT THE LOWER POSITION ON SUCH ELIGIBLE LIST TO WHICH HE  OR  SHE
WOULD  OTHERWISE  HAVE  BEEN  ENTITLED;  PROVIDED,  HOWEVER,  THAT  SUCH
ELECTION SHALL THEREAFTER BE IRREVOCABLE.   SUCH ELECTION  SHALL  BE  IN
WRITING  AND  SIGNED BY THE AUXILIARY POLICE OFFICER, AND TRANSMITTED TO
THE STATE CIVIL SERVICE DEPARTMENT OR THE  APPROPRIATE  MUNICIPAL  CIVIL
SERVICE COMMISSION.
  6.    ROSTER.    THE STATE CIVIL SERVICE DEPARTMENT AND EACH MUNICIPAL
COMMISSION SHALL ESTABLISH AND MAINTAIN IN ITS OFFICE A  ROSTER  OF  ALL
AUXILIARY  POLICE  OFFICERS  APPOINTED  OR PROMOTED AS A RESULT OF ADDI-
TIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS  JURISDIC-
TION.   THE APPOINTMENT OR PROMOTION OF AN AUXILIARY POLICE OFFICER AS A
RESULT OF ADDITIONAL CREDITS SHALL BE  VOID  IF  SUCH  AUXILIARY  POLICE
OFFICER,  PRIOR  TO SUCH APPOINTMENT OR PROMOTION, HAD BEEN APPOINTED OR
PROMOTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
  S 3. This act shall take effect immediately.