S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   452

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 composition of
  municipal civil service commissions

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

  Section  1.  Section 2 of the civil service law is amended by adding a
new subdivision 13 to read as follows:
  13. THE TERM "RECOGNIZED MINORITY GROUP" AS USED IN THIS CHAPTER SHALL
INCLUDE WITHIN ITS MEANING BLACKS, HISPANICS, NATIVE AMERICANS OR  ALAS-
KAN  NATIVES, ASIANS AND PACIFIC ISLANDERS, AND ANY OTHER GROUP THAT THE
STATE CIVIL  SERVICE  COMMISSION  MAY  DEEM  APPROPRIATE  BASED  UPON  A
SUBSTANTIAL  FINDING  OF  UNDERREPRESENTATION  OF THAT GROUP ON ANY CITY
CIVIL SERVICE COMMISSION.
  S 2. Paragraph (a) of subdivision 1 of section 15 of the civil service
law, as amended by chapter 887 of the laws of 1969, is amended  to  read
as follows:
  (a)    Municipal civil service commissions.  A municipal civil service
commission shall consist of [three] FIVE persons, not  more  than  [two]
THREE  of  whom  shall  at  any  time be adherents of the same political
party.   The members of a  county  civil  service  commission  shall  be
appointed  by the board of supervisors, except that in a county having a
county executive the members of the commission shall be appointed by the
county executive with the advice and consent of the  board  of  supervi-
sors.  The members of a suburban town civil service commission in such a
town  described in subdivision four of section two of this chapter shall
be appointed by the town board of such town.   The  members  of  a  city
civil  service commission shall be appointed by the mayor, city manager,
or other authority, as the case may be,  having  the  general  power  of
appointment  of  city  officers and employees, SUBJECT TO THE ADVICE AND

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

                                                           LBD03864-01-9

S. 452                              2

CONSENT OF THE CITY COMMON COUNCIL.   THE MEMBERSHIP OF  ANY  SUCH  CITY
CIVIL  SERVICE COMMISSION SHALL AT ALL TIMES INCLUDE AT LEAST ONE MEMBER
OF A RECOGNIZED MINORITY GROUP, AS DEFINED IN  SUBDIVISION  THIRTEEN  OF
SECTION TWO OF THIS CHAPTER, AND SHALL AT ALL TIMES INCLUDE AT LEAST ONE
FEMALE  MEMBER IN ADDITION TO THE MEMBER OF A RECOGNIZED MINORITY GROUP.
Of the members first appointed upon the establishment  or  re-establish-
ment  of  a  municipal  civil  service commission, the term of [one] TWO
shall expire on May thirty-first of the first even-numbered year follow-
ing the date of appointment; the term of [one] TWO shall expire  on  May
thirty-first  of  the  second  even-numbered  year following the date of
appointment; and the term of one shall expire on May thirty-first of the
third even-numbered year following the date of appointment.    Upon  the
expiration of each of such terms, the term of office of each commission-
er thereafter appointed shall be six years from the first day of June in
the  year  in  which the term of his OR HER predecessor expired.  If the
office of any such commissioner shall become vacant by  death,  resigna-
tion  or  otherwise,  his  OR HER successor shall be appointed as herein
provided for the unexpired term.
  S 3. This act shall take effect on the first of June of the first even
numbered year following the date on which it shall have become a law.