S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    969
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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
 service commission or county personnel officer, upon the request of such
 commission, has certified an appropriate eligible list to fill a partic-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03272-01-3
              

 S. 969                              2
 
 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.