S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3769--A
                                                          Cal. No. 98
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, COLTON -- read once and referred
   to the Committee on Governmental Employees -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading

 AN  ACT  to  amend the civil service law, in relation to the appointment
   and promotion of supervisors of the fire alarm dispatcher service
 
   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
 59-e to read as follows:
   §  59-E.  PROMOTIONS  OF  SUPERVISORY  PERSONNEL  OF  THE  FIRE  ALARM
 DISPATCHER  SERVICE.  1.  THE LEGISLATURE HEREBY FINDS AND DECLARES THAT
 THE CONTINUED, UNINTERRUPTED, ADEQUATE AND EFFICIENT OPERATION  OF  FIRE
 AND  EMERGENCY  MEDICAL SERVICES IS NECESSARY FOR THE GENERAL WELFARE OF
 THE PEOPLE AND  THAT  SUCH  ADEQUATE  OPERATION  INVOLVES  AND  REQUIRES
 PERSONNEL  WITH  HIGHLY  SPECIALIZED  ABILITY, SKILL, TRAINING AND KNOW-
 LEDGE, WHICH NECESSITATES THAT VACANCIES IN THE  FIRE  ALARM  DISPATCHER
 SERVICE  IN  THE  POSITION OF SUPERVISING FIRE ALARM DISPATCHER LEVEL II
 SHALL BE FILLED AS FAR AS PRACTICABLE BY PROMOTION  FROM  AMONG  PERSONS
 CURRENTLY HOLDING PROVISIONAL APPOINTMENTS TO THE SUPERVISING FIRE ALARM
 DISPATCHER  LEVEL  II  POSITION,  AS WELL AS PERSONS HOLDING COMPETITIVE
 CLASS POSITIONS IN A LOWER GRADE IN THE DEPARTMENT IN WHICH THE  VACANCY
 EXISTS,  PROVIDED  THAT SUCH LOWER GRADE POSITIONS ARE IN DIRECT LINE OF
 PROMOTION, AS DETERMINED BY THE DEPARTMENT OR MUNICIPAL COMMISSION.  THE
 LEGISLATURE FURTHER FINDS AND DECLARES THAT  WHEN  NEITHER  AN  ELIGIBLE
 LIST  NOR A COMPETITIVE EXAMINATION FOR A TITLE EXISTS, ALLOWING CITY OF
 NEW YORK EMPLOYERS  AND  THE  REPRESENTATIVES  OF  THEIR  EMPLOYEES  TO,
 THROUGH THE COLLECTIVE BARGAINING PROCESS, AGREE TO AN ALTERNATIVE EXAM-
 INATION  METHOD  TO MEASURE THE MERIT AND FITNESS OF EMPLOYEES CURRENTLY
 HOLDING PROVISIONAL APPOINTMENTS TO SUCH TITLE, SUCH AGREEMENT  ADVANCES
 THE  GOAL  OF  REDUCING  THE  NUMBER  OF EMPLOYEES HOLDING A PROVISIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01828-03-4
 A. 3769--A                          2
 
 APPOINTMENT WITH  CITY OF NEW YORK  EMPLOYERS  WHILE  RECOGNIZING  THAT,
 CONSISTENT WITH THE CONSTITUTION, THE HIRING PROCESS FOR THE SUPERVISING
 FIRE  ALARM  DISPATCHER LEVEL II POSITION IN THE ABSENCE OF  AN ELIGIBLE
 LIST  FOR  SUCH TITLE HAS BEEN AND IS COMPETITIVE AND MEASURES THE MERIT
 AND FITNESS OF THE CANDIDATES FOR SUCH POSITION.
   2. PROMOTION SHALL BE BASED ON MERIT  AND  FITNESS  AS  DETERMINED  BY
 COMPETITIVE EXAMINATION, DUE WEIGHT BEING GIVEN TO SENIORITY. THE PREVI-
 OUS  TRAINING  AND EXPERIENCE OF THE CANDIDATES, AND PERFORMANCE RATINGS
 WHERE AVAILABLE, MAY BE CONSIDERED AND GIVEN DUE WEIGHT  AS  FACTORS  IN
 DETERMINING  THE  RELATIVE MERIT AND FITNESS OF CANDIDATES FOR PROMOTION
 PROVIDED, HOWEVER, THAT FOR ANY PERMANENT COMPETITIVE EMPLOYEE  WHO,  AT
 THE  TIME THAT THE CHAPTER ENACTING THIS SECTION SHALL BECOME LAW, HOLDS
 A PROVISIONAL APPOINTMENT AS A SUPERVISING FIRE ALARM  DISPATCHER  LEVEL
 II, THE PROCESS BY WHICH SUCH EMPLOYEE APPLIED FOR AND WAS EVALUATED FOR
 SUCH POSITION SHALL BE DEEMED TO CONSTITUTE A COMPETITIVE EXAMINATION OF
 SUCH EMPLOYEE'S MERIT AND FITNESS FOR SUCH POSITION.
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PERMANENT
 COMPETITIVE  EMPLOYEE  WHO,  AT  THE TIME THAT THE CHAPTER ENACTING THIS
 SECTION SHALL BECOME LAW, HOLDS A PROVISIONAL APPOINTMENT AS A SUPERVIS-
 ING FIRE ALARM DISPATCHER LEVEL II, SHALL BE  PERMANENTLY  APPOINTED  TO
 THE TITLE SUPERVISING FIRE ALARM DISPATCHER LEVEL II, AND SHALL HAVE ALL
 TIME  SPENT  AS  A  PROVISIONAL  APPOINTMENT AS A SUPERVISING FIRE ALARM
 DISPATCHER LEVEL II CREDITED TO ANY PROBATIONARY TERM THAT  IS  REQUIRED
 UPON PERMANENT APPOINTMENT TO SUCH POSITION.
   4. ANY PERMANENT COMPETITIVE EMPLOYEE HOLDING A PROVISIONAL OR DISCRE-
 TIONARY APPOINTMENT IN THE DIRECT LINE OF THE AFFECTED SUPERVISORY TITLE
 OF  THE  FIRE  ALARM  DISPATCHER SERVICE DESCRIBED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE GIVEN THE OPPORTUNITY TO PARTICIPATE IN A  COMPET-
 ITIVE PROMOTIONAL EXAMINATION FOR THE NEXT HIGHER LEVEL TITLE.
   5.  EXCEPT  AS  PROVIDED  ABOVE,  THE PROVISIONS OF THIS CHAPTER SHALL
 APPLY TO EMPLOYEES COVERED BY THIS SECTION.
   § 2. This act shall take effect immediately.