S T A T E O F N E W Y O R K
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3999
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
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Introduced by M. of A. GABRYSZAK -- Multi-Sponsored by -- M. of A. WEIS-
ENBERG -- read once and referred to the Committee on Governmental
Employees
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:
Section 1. The civil service law is amended by adding a new section
85-d to read as follows:
S 85-D. ADDITIONAL CREDIT ALLOWED VOLUNTEER FIREFIGHTERS IN COMPET-
ITIVE EXAMINATIONS; PREFERENCE IN RETENTION UPON ABOLITION OF POSITIONS.
1. DEFINITIONS. THE TERM "VOLUNTEER FIREFIGHTER", AS USED IN THIS
SECTION, SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE TERM "VOLUN-
TEER FIREMAN" IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT
LAW.
2. ADDITIONAL CREDITS IN COMPETITIVE EXAMINATIONS FOR ORIGINAL
APPOINTMENT OR PROMOTION. (A) ON ALL ELIGIBLE LISTS RESULTING FROM
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, VOLUNTEER FIREFIGHTERS SHALL BE ENTITLED TO RECEIVE, IN
A COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT, AN ADDITIONAL TWO
POINTS FOR TEN YEARS OF SERVICE AS A VOLUNTEER FIREFIGHTER, FOUR POINTS
FOR TWENTY YEARS OF SUCH SERVICE, AND FIVE POINTS FOR TWENTY-FIVE YEARS
OR MORE OF SUCH SERVICE; AND, IN A COMPETITIVE EXAMINATION FOR
PROMOTION, AN ADDITIONAL ONE POINT FOR TEN YEARS OF SERVICE AS A VOLUN-
TEER FIREFIGHTER, TWO POINTS FOR TWENTY YEARS OF SUCH SERVICE, AND TWO
AND ONE-HALF POINTS 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.
LBD07625-01-1
A. 3999 2
(B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH VOLUNTEER FIREFIGHTER 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
IN THIS SECTION, 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. A CANDIDATE
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 A VOLUNTEER FIREFIGHTER WHO HAS APPLIED
FOR ADDITIONAL CREDIT HAS FAILED TO ESTABLISH HIS OR HER ELIGIBILITY TO
RECEIVE SUCH ADDITIONAL CREDIT. 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 SECTION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINT-
MENT 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 A
VOLUNTEER FIREFIGHTER SHALL THEREAFTER BE ENTITLED TO ANY ADDITIONAL
CREDIT UNDER THIS SECTION AS A VOLUNTEER FIREFIGHTER.
(B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF A VOLUNTEER FIREFIGHTER ON SUCH LIST HAS NOT BEEN AFFECTED
BY THE ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT
OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER 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, A VOLUNTEER
FIREFIGHTER 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 ADDITIONAL CREDITS.
(D) WHERE A VOLUNTEER FIREFIGHTER HAS BEEN ORIGINALLY APPOINTED OR
PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED ADDITIONAL
CREDIT, BUT SUCH APPOINTMENT OR PROMOTION IS THEREAFTER TERMINATED
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
A. 3999 3
EXAMINATION IN WHICH A VOLUNTEER FIREFIGHTER HAS RECEIVED THE ADDITIONAL
CREDIT GRANTED BY THIS SECTION, SUCH VOLUNTEER FIREFIGHTER 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,
SIGNED BY THE VOLUNTEER FIREFIGHTER, AND TRANSMITTED TO THE STATE CIVIL
SERVICE DEPARTMENT OR THE APPROPRIATE MUNICIPAL CIVIL SERVICE COMMIS-
SION.
6. ROSTER. THE STATE CIVIL SERVICE DEPARTMENT AND EACH MUNICIPAL
COMMISSION SHALL ESTABLISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL
VOLUNTEER FIREFIGHTERS APPOINTED OR PROMOTED AS A RESULT OF ADDITIONAL
CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURISDICTION.
THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER AS A RESULT OF
ADDITIONAL CREDITS SHALL BE VOID IF SUCH VOLUNTEER FIREFIGHTER, PRIOR TO
SUCH APPOINTMENT OR PROMOTION, HAD BEEN APPOINTED OR PROMOTED AS A
RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
7. PREFERENCE IN RETENTION UPON THE ABOLITION OF POSITIONS. IN THE
EVENT OF THE ABOLITION OR ELIMINATION OF ANY POSITION IN THE CIVIL
SERVICE FOR WHICH ELIGIBLE LISTS ARE ESTABLISHED OR ANY POSITION THE
INCUMBENT OF WHICH IS ENCOMPASSED BY SECTION EIGHTY-A OF THIS CHAPTER,
ANY SUSPENSION, DEMOTION, OR DISPLACEMENT SHALL BE MADE IN THE INVERSE
ORDER OF THE DATE OF ORIGINAL APPOINTMENT IN THE SERVICE SUBJECT TO THE
FOLLOWING CONDITIONS: (A) BLIND EMPLOYEES SHALL BE GRANTED ABSOLUTE
PREFERENCE IN RETENTION; (B) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR
VOLUNTEER FIREFIGHTERS SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH SECTION THIRTY OF THE
GENERAL CONSTRUCTION LAW; (C) NO PERMANENT COMPETITIVE CLASS EMPLOYEE,
SUBJECT TO THE JURISDICTION OF THE CIVIL SERVICE COMMISSION OF THE CITY
OF NEW YORK, WHO RECEIVES AN INJURY IN THE LINE OF DUTY, AS DEFINED IN
THIS SUBDIVISION, WHICH REQUIRES IMMEDIATE HOSPITALIZATION, AND WHICH IS
NOT COMPENSABLE THROUGH WORKERS' COMPENSATION, MAY BE SUSPENDED,
DEMOTED, OR DISPLACED PURSUANT TO SECTION EIGHTY OF THIS CHAPTER WITHIN
THREE MONTHS OF THE DATE OF HIS OR HER CONFINEMENT; PROVIDED THAT
MEDICAL AUTHORITIES APPROVED BY SUCH COMMISSION SHALL CERTIFY THAT THE
EMPLOYEE IS NOT ABLE TO PERFORM THE DUTIES OF HIS OR HER POSITION;
PROVIDED FURTHER THAT SUCH THREE-MONTH PERIOD MAY BE EXTENDED BY SUCH
COMMISSION FOR ADDITIONAL PERIODS NOT TO EXCEED ONE YEAR EACH UPON THE
CERTIFICATION OF MEDICAL AUTHORITIES SELECTED BY SUCH COMMISSION THAT
THE EMPLOYEE IS, AS A RESULT OF HIS OR HER INJURY, STILL NOT ABLE TO
PERFORM THE DUTIES OF HIS OR HER POSITION. AN INJURY IN THE LINE OF
DUTY, AS USED IN THIS SUBDIVISION, SHALL BE CONSTRUED TO MEAN AN INJURY
WHICH IS INCURRED AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE
DUTIES OF THE POSITION. IN DETERMINING WHETHER AN INJURY WAS RECEIVED
IN THE LINE OF DUTY, SUCH COMMISSION SHALL REQUIRE THE HEAD OF THE AGEN-
CY BY WHICH THE EMPLOYEE IS EMPLOYED TO CERTIFY THAT THE INJURY WAS
RECEIVED AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE EMPLOYEE'S
DUTIES; AND (D) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR THE SPOUSE OF
A VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH SECTION THIRTY OF THE
GENERAL CONSTRUCTION LAW; PROVIDED THAT THE SPOUSE IS DOMICILED WITH THE
VOLUNTEER FIREFIGHTER-SPOUSE AND IS THE HEAD OF THE HOUSEHOLD. THIS
SECTION SHALL NOT BE CONSTRUED AS CONFERRING ANY ADDITIONAL BENEFIT UPON
SUCH EMPLOYEE OTHER THAN A PREFERENCE IN RETENTION. SUCH EMPLOYEE SHALL
A. 3999 4
BE SUBJECT TO TRANSFER UPON THE ABOLITION OF HIS OR HER FUNCTION WITHIN
HIS OR HER AGENCY OR DEPARTMENT.
8. ADDITIONAL DEFINITIONS. FOR THE PURPOSE OF SUBDIVISION SEVEN 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.
9. PENALTY FOR DENIAL OF PREFERENCE IN RETENTION. A REFUSAL TO ALLOW
THE PREFERENCE IN RETENTION PROVIDED FOR IN THIS SECTION TO ANY VOLUN-
TEER FIREFIGHTER OR A REDUCTION OF HIS OR HER COMPENSATION INTENDED TO
BRING ABOUT HIS OR HER RESIGNATION IS DEEMED A MISDEMEANOR, AND ANY SUCH
VOLUNTEER FIREFIGHTER SHALL HAVE A RIGHT OF ACTION THEREFOR IN ANY COURT
OF COMPETENT JURISDICTION FOR DAMAGES AND FOR RIGHTING THE WRONG.
S 2. This act shall take effect immediately.