Bill Text: NY A03769 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the appointment and promotion of supervisors of the fire alarm dispatcher service; requires that a promotion be based on merit and fitness as determined by competitive examination, due weight being given to seniority.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-02-12 - amended on third reading 3769a [A03769 Detail]

Download: New_York-2023-A03769-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3769--A
                                                                 Cal. No. 98

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2023
                                       ___________

        Introduced  by  M. of A. PHEFFER AMATO, COLTON -- read once and referred
          to the Committee on Governmental Employees -- ordered to a third read-
          ing, amended and ordered reprinted, retaining its place on  the  order
          of third reading

        AN  ACT  to  amend the civil service law, in relation to the appointment
          and promotion of supervisors of the fire alarm dispatcher service

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  civil service law is amended by adding a new section
     2  59-e to read as follows:
     3    §  59-e.  Promotions  of  supervisory  personnel  of  the  fire  alarm
     4  dispatcher  service.  1.  The legislature hereby finds and declares that
     5  the continued, uninterrupted, adequate and efficient operation  of  fire
     6  and  emergency  medical services is necessary for the general welfare of
     7  the people and  that  such  adequate  operation  involves  and  requires
     8  personnel  with  highly  specialized  ability, skill, training and know-
     9  ledge, which necessitates that vacancies in the  fire  alarm  dispatcher
    10  service  in  the  position of supervising fire alarm dispatcher level II
    11  shall be filled as far as practicable by promotion  from  among  persons
    12  currently holding provisional appointments to the supervising fire alarm
    13  dispatcher  level  II  position,  as well as persons holding competitive
    14  class positions in a lower grade in the department in which the  vacancy
    15  exists,  provided  that such lower grade positions are in direct line of
    16  promotion, as determined by the department or municipal commission.  The
    17  legislature further finds and declares that  when  neither  an  eligible
    18  list  nor a competitive examination for a title exists, allowing city of
    19  New York employers  and  the  representatives  of  their  employees  to,
    20  through the collective bargaining process, agree to an alternative exam-
    21  ination  method  to measure the merit and fitness of employees currently
    22  holding provisional appointments to such title, such agreement  advances
    23  the  goal  of  reducing  the  number  of employees holding a provisional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01828-03-4
        A. 3769--A                          2

     1  appointment with  city of New York  employers  while  recognizing  that,
     2  consistent with the constitution, the hiring process for the supervising
     3  fire  alarm  dispatcher level II position in the absence of  an eligible
     4  list  for  such title has been and is competitive and measures the merit
     5  and fitness of the candidates for such position.
     6    2. Promotion shall be based on merit  and  fitness  as  determined  by
     7  competitive examination, due weight being given to seniority. The previ-
     8  ous  training  and experience of the candidates, and performance ratings
     9  where available, may be considered and given due weight  as  factors  in
    10  determining  the  relative merit and fitness of candidates for promotion
    11  provided, however, that for any permanent competitive employee  who,  at
    12  the  time that the chapter enacting this section shall become law, holds
    13  a provisional appointment as a supervising fire alarm  dispatcher  level
    14  II, the process by which such employee applied for and was evaluated for
    15  such position shall be deemed to constitute a competitive examination of
    16  such employee's merit and fitness for such position.
    17    3. Notwithstanding any provision of law to the contrary, any permanent
    18  competitive  employee  who,  at  the time that the chapter enacting this
    19  section shall become law, holds a provisional appointment as a supervis-
    20  ing fire alarm dispatcher level II, shall be  permanently  appointed  to
    21  the title supervising fire alarm dispatcher level II, and shall have all
    22  time  spent  as  a  provisional  appointment as a supervising fire alarm
    23  dispatcher level II credited to any probationary term that  is  required
    24  upon permanent appointment to such position.
    25    4. Any permanent competitive employee holding a provisional or discre-
    26  tionary appointment in the direct line of the affected supervisory title
    27  of  the  fire  alarm  dispatcher service described in subdivision one of
    28  this section shall be given the opportunity to participate in a  compet-
    29  itive promotional examination for the next higher level title.
    30    5.  Except  as  provided  above,  the provisions of this chapter shall
    31  apply to employees covered by this section.
    32    § 2. This act shall take effect immediately.