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.