S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3899
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service  law,  in  relation  to  allowing  the
   establishment of continuing eligible lists when appropriate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 57 of the civil service law, as added by chapter 83
 of the laws of 1963, is amended to read as follows:
   § 57. Continuous recruitment for  certain  positions.  Notwithstanding
 any other provisions of this chapter or any other law, the civil service
 department or a municipal commission may establish a continuing eligible
 list for any class of positions for which it finds inadequate numbers of
 well  qualified persons available for recruitment, PROVIDED THAT FOR ANY
 CLASS OF POSITIONS FILLED THROUGH OPEN-COMPETITIVE EXAMINATION THE CIVIL
 SERVICE DEPARTMENT OR A MUNICIPAL COMMISSION  MAY  ESTABLISH  CONTINUING
 ELIGIBLE  LISTS  WHEN APPROPRIATE.  Names of eligibles shall be inserted
 in such list from time to time as applicants are tested and found quali-
 fied in examinations held at such intervals as may be prescribed by  the
 civil  service  department  or municipal commission having jurisdiction.
 Such  successive  examinations  shall,  so  far   as   practicable,   be
 constructed  and  rated  so  as  to be equivalent tests of the merit and
 fitness of candidates. The name of any candidate  who  passes  any  such
 examination  and  who  is  otherwise  qualified  shall  be placed on the
 continuing eligible list in the rank corresponding to [his]  THE  CANDI-
 DATE'S  final  rating  on such examination. The period of eligibility of
 successful  candidates  for  certification  and  appointment  from  such
 continuing  eligible list, as a result of any such examination, shall be
 fixed by the civil  service  department  or  municipal  commission  but,
 except as a list may reach an announced terminal date, such period shall
 not  be  less than one year; nor shall such period of eligibility exceed
 four years. Subject to such conditions  and  limitations  as  the  civil
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04481-01-3
              

 A. 3899                             2
 
 service  department  or  municipal commission may prescribe, a candidate
 may take more than one such examination; provided, however, that no such
 candidate shall be certified simultaneously with more than one  rank  on
 the  continuing eligible list. With respect to any candidate who applies
 for and is granted additional credit in any such examination as a  disa-
 bled  or  non-disabled  veteran, and for the limited purpose of granting
 such additional credit, the eligible list shall be deemed to  be  estab-
 lished on the date on which [his] THE CANDIDATE'S name is added thereto.
   § 2. This act shall take effect immediately.