Bill Text: NY A02804 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 2804 (Prior Session Legislation)

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 11-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental employees [A02804 Detail]

Download: New_York-2015-A02804-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2804--D
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. PRETLOW, WALKER, PICHARDO, STECK, CRESPO, ARROYO,
         COOK,  PEOPLES-STOKES, WRIGHT -- Multi-Sponsored by -- M. of A. BLAKE,
         CLARK, SIMON -- read once and referred to  the  Committee  on  Govern-
         mental  Employees  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred to the Committee on Rules -- Rules Committee discharged, bill
         amended, ordered reprinted as amended and recommitted to the Committee
         on  Rules  --  Rules  Committee  discharged,  bill  amended,   ordered
         reprinted  as  amended  and  recommitted  to the Committee on Rules --
         Rules Committee discharged, bill amended, ordered reprinted as amended
         and recommitted to the Committee on Rules
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05424-18-5
       A. 2804--D                          2
    1  or  civil  division  is  located, except for the position of director of
    2  facilities I, II, & III of a school district located  within  the  state
    3  which  shall  use  the  list  developed  pursuant to subdivision five of
    4  section seventeen of this [chapter] TITLE. Such municipal commission may
    5  certify  such names for appointment to a position under its jurisdiction
    6  in the same manner as certifications are made from the eligible lists of
    7  such commission. If the state civil  service  department,  county  civil
    8  service commission or county personnel officer, upon the request of such
    9  commission, has certified an appropriate eligible list to fill a partic-
   10  ular  position,  such list shall continue to be used until superseded by
   11  an eligible list established by such municipal commission for such posi-
   12  tion, or until such list expires or is exhausted or is otherwise  termi-
   13  nated.
   14    4-C.  ALTERNATE LISTS FOR POLICE DEPARTMENTS. POLICE DEPARTMENTS WHERE
   15  A LIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION DOES NOT  ADEQUATELY
   16  REPRESENT  MINORITY  POPULATIONS  AND  THE  EXISTING POLICE DEPARTMENT'S
   17  ETHNIC, RACIAL OR WOMEN COMPOSITION DEVIATES  FROM  THE  COMMUNITY  UPON
   18  WHICH  THEY SERVE BY TWENTY-FIVE PERCENT OR MORE, A MUNICIPAL COMMISSION
   19  MAY USE ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE  COUNTY  LIST,
   20  FOR  THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-RESIDENT MINORITY
   21  GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE  EXECUTIVE
   22  LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. ALTERNATE
   23  LISTS  CREATED BY POLICE DEPARTMENTS IN SURROUNDING MUNICIPALITIES SHALL
   24  BE PROVIDED AND POLICE DEPARTMENTS SHALL HIRE FROM SUCH ALTERNATE  LISTS
   25  UNTIL  SUCH  POLICE  DEPARTMENT'S ETHNIC, RACIAL OR WOMEN COMPOSITION NO
   26  LONGER DEVIATES FROM THE COMMUNITY UPON WHICH THEY SERVE BY  TWENTY-FIVE
   27  PERCENT  OR  MORE,  UPON  WHICH  TIME  THE MUNICIPAL COMMISSION SHALL BE
   28  REQUIRED TO USE ITS OWN ELIGIBLE LIST.  POLICE  DEPARTMENTS  SHALL  HIRE
   29  CANDIDATES  FROM ALTERNATE LISTS BASED ON MERIT AND FITNESS, FURTHER THE
   30  RULE OF THREE SHALL APPLY.
   31    S 2. This act shall take effect immediately.