S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4025
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. PRETLOW, WALKER, PICHARDO, STECK, CRESPO, ARROYO,
   COOK,  PEOPLES-STOKES, WRIGHT -- Multi-Sponsored by -- M. of A. BLAKE,
   SIMON -- read once and  referred  to  the  Committee  on  Governmental
   Employees
 
 AN  ACT to amend the civil service law, in relation to appointments from
   eligible lists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4 of section 23 of the civil service law, as
 amended by chapter 403 of the laws of 2011, is amended and a new  subdi-
 vision 4-c is added to read as follows:
   4. Use of state and county eligible lists, AS THE SOURCE OF NEW HIRES,
 by  municipal  commissions. A municipal commission, in the absence of an
 eligible list of its own, may request the state  civil  service  depart-
 ment,  county  civil  service  commission or county personnel officer to
 furnish it with the names of persons on  an  appropriate  eligible  list
 established  by  the department, commission or personnel officer, which,
 if so requested by the municipal commission, shall be limited  to  resi-
 dents  of  the city, or town or civil division in which appointments are
 to be made, or to residents of the county or judicial district in  which
 such  city,  town  or  civil  division  is located, or to any reasonable
 combination of political subdivisions both in and outside  of  New  York
 state  contiguous  to the city or civil division in which appointment is
 to be made or contiguous to the political subdivision in which such city
 or civil division is located, except for the  position  of  director  of
 facilities  I,  II,  & III of a school district located within the state
 which shall use the list  developed  pursuant  to  subdivision  five  of
 section seventeen of this [chapter] TITLE. Such municipal commission may
 certify  such names for appointment to a position under its jurisdiction
 in the same manner as certifications are made from the eligible lists of
 such commission. If the state civil  service  department,  county  civil
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08626-01-7

 A. 4025                             2
 
 service commission or county personnel officer, upon the request of such
 commission, has certified an appropriate eligible list to fill a partic-
 ular  position,  such list shall continue to be used until superseded by
 an eligible list established by such municipal commission for such posi-
 tion,  or until such list expires or is exhausted or is otherwise termi-
 nated.
   4-C. ALTERNATE LISTS FOR POLICE DEPARTMENTS. POLICE DEPARTMENTS  WHERE
 A  LIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION DOES NOT ADEQUATELY
 REPRESENT MINORITY POPULATIONS  AND  THE  EXISTING  POLICE  DEPARTMENT'S
 ETHNIC,  RACIAL  OR  WOMEN  COMPOSITION DEVIATES FROM THE COMMUNITY UPON
 WHICH THEY SERVE BY TWENTY-FIVE PERCENT OR MORE, A MUNICIPAL  COMMISSION
 MAY  USE  ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE COUNTY LIST,
 FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-RESIDENT  MINORITY
 GROUP  MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE
 LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. ALTERNATE
 LISTS CREATED BY POLICE DEPARTMENTS IN SURROUNDING MUNICIPALITIES  SHALL
 BE  PROVIDED AND POLICE DEPARTMENTS SHALL HIRE FROM SUCH ALTERNATE LISTS
 UNTIL SUCH POLICE DEPARTMENT'S ETHNIC, RACIAL OR  WOMEN  COMPOSITION  NO
 LONGER  DEVIATES FROM THE COMMUNITY UPON WHICH THEY SERVE BY TWENTY-FIVE
 PERCENT OR MORE, UPON WHICH  TIME  THE  MUNICIPAL  COMMISSION  SHALL  BE
 REQUIRED  TO  USE  ITS  OWN ELIGIBLE LIST. POLICE DEPARTMENTS SHALL HIRE
 CANDIDATES FROM ALTERNATE LISTS BASED ON MERIT AND FITNESS, FURTHER  THE
 RULE OF THREE SHALL APPLY.
   § 2. This act shall take effect immediately.