Bill Text: NY A01432 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows municipal commissions to use alternate lists for filling vacancies with resident and non-resident minority group members and women in order to achieve diversity in police departments.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A01432 Detail]

Download: New_York-2019-A01432-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1648                                                  A. 1432
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 15, 2019
                                       ___________
        IN  SENATE -- Introduced by Sen. BAILEY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Civil Service
          and Pensions
        IN ASSEMBLY -- 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:
     1    Section  1.  Subdivision  4 of section 23 of the civil service law, as
     2  amended by chapter 403 of the laws of 2011, is amended and a new  subdi-
     3  vision 4-c is added to read as follows:
     4    4. Use of state and county eligible lists, as the source of new hires,
     5  by  municipal  commissions. A municipal commission, in the absence of an
     6  eligible list of its own, may request the state  civil  service  depart-
     7  ment,  county  civil  service  commission or county personnel officer to
     8  furnish it with the names of persons on  an  appropriate  eligible  list
     9  established  by  the department, commission or personnel officer, which,
    10  if so requested by the municipal commission, shall be limited  to  resi-
    11  dents  of  the city, or town or civil division in which appointments are
    12  to be made, or to residents of the county or judicial district in  which
    13  such  city,  town  or  civil  division  is located, or to any reasonable
    14  combination of political subdivisions both in and outside  of  New  York
    15  state  contiguous  to the city or civil division in which appointment is
    16  to be made or contiguous to the political subdivision in which such city
    17  or civil division is located, except for the  position  of  director  of
    18  facilities  I,  II,  & III of a school district located within the state
    19  which shall use the list  developed  pursuant  to  subdivision  five  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05412-01-9
        S. 1648                             2                            A. 1432
     1  section seventeen of this [chapter] title. Such municipal commission may
     2  certify  such names for appointment to a position under its jurisdiction
     3  in the same manner as certifications are made from the eligible lists of
     4  such  commission.  If  the  state civil service department, county civil
     5  service commission or county personnel officer, upon the request of such
     6  commission, has certified an appropriate eligible list to fill a partic-
     7  ular position, such list shall continue to be used until  superseded  by
     8  an eligible list established by such municipal commission for such posi-
     9  tion,  or until such list expires or is exhausted or is otherwise termi-
    10  nated.
    11    4-c. Alternate lists for police departments. Police departments  where
    12  a  list pursuant to subdivision four of this section does not adequately
    13  represent minority populations  and  the  existing  police  department's
    14  ethnic,  racial  or  women  composition deviates from the community upon
    15  which they serve by twenty-five percent or more, a municipal  commission
    16  may  use  alternate lists, including but not limited to the county list,
    17  for the filling of vacancies by both resident and non-resident  minority
    18  group  members, as defined by section three hundred ten of the executive
    19  law, and women in order to achieve diversity in the workforce. Alternate
    20  lists created by police departments in surrounding municipalities  shall
    21  be  provided and police departments shall hire from such alternate lists
    22  until such police department's ethnic, racial or  women  composition  no
    23  longer  deviates from the community upon which they serve by twenty-five
    24  percent or more, upon which  time  the  municipal  commission  shall  be
    25  required  to  use  its  own eligible list. Police departments shall hire
    26  candidates from alternate lists based on merit and fitness, further  the
    27  rule of three shall apply.
    28    § 2. This act shall take effect immediately.