Bill Text: NY A10462 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides all veterans with the opportunity to score additional points on civil service exams and provides that military service be weighted in the veteran's favor when applying for a non-classified civil service position.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-27 - referred to governmental employees [A10462 Detail]

Download: New_York-2015-A10462-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          10462
                   IN ASSEMBLY
                                      May 27, 2016
                                       ___________
        Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
          Committee on Governmental Employees
        AN ACT to amend the civil service law,  in  relation  to  providing  all
          veterans  with  the  opportunity  to  score additional points on civil
          service exams and providing that military service be  weighed  in  the
          veteran's favor when applying for a non-classified civil service posi-
          tion
          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 89
     2  to read as follows:
     3    § 89. Additional credit  allowed  veterans  for  non-classified  civil
     4  service  positions; preference in retention upon abolition of positions.
     5  1. Definitions. As used in this section:
     6    (a) "veteran" means a member of the armed forces of the United States,
     7  who was honorably discharged or released under  honorable  circumstances
     8  from  such  service,  who  is a citizen of the United States or an alien
     9  lawfully admitted for permanent residence in the United States  and  who
    10  is  a  resident  of the state of New York at the time of application for
    11  appointment or promotion or at the time of retention, as  the  case  may
    12  be; and
    13    (b)  "military service" means service as an officer or enlisted person
    14  in the armed forces of the United States in time of  armed  conflict  or
    15  peace.
    16    2.  A  veteran's  military  service  shall  be formally considered and
    17  weighted in the hiring process for non-classified  civil  service  posi-
    18  tions.
    19    3. (a) Except as herein otherwise provided, no person who has received
    20  a permanent original appointment or a permanent promotion in a non-clas-
    21  sified  or  classified  position in the civil service of the state or of
    22  any city or civil division thereof from an eligible list on which he  or
    23  she  was  allowed  the  additional  credit granted by this article, as a
    24  veteran, shall thereafter be entitled to  any  additional  consideration
    25  under this section as a veteran.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15495-01-6

        A. 10462                            2
     1    (b)  Where a veteran or disabled veteran has been originally appointed
     2  or promoted to a non-classified position or a classified  position  from
     3  an  eligible  list on which he or she was allowed additional credit, but
     4  such appointment or promotion is thereafter terminated either at the end
     5  of  the  probationary term or by resignation at or before the end of the
     6  probationary term, he or she shall not be deemed to have been  appointed
     7  or promoted, as the case may be, and such appointment or promotion shall
     8  not  affect  his  eligibility  for additional consideration or credit in
     9  other examinations.
    10    4. The state civil service department and  each  municipal  commission
    11  shall  establish  and  maintain  in  its office a roster of all veterans
    12  appointed or promoted as a result of additional consideration granted by
    13  this section to positions under its  jurisdiction.  The  appointment  or
    14  promotion  of a veteran as a result of additional consideration shall be
    15  void if such veteran, prior to such appointment or promotion,  had  been
    16  appointed or promoted as a result of additional consideration granted by
    17  this section or credit granted by this article.
    18    5.  In the event of the abolition or elimination of any non-classified
    19  position in the civil service, any suspension, demotion or  displacement
    20  shall  be  made in the inverse order of the date of original appointment
    21  in the service subject to the following conditions: (1) blind  employees
    22  shall  be granted absolute preference in retention; (2) the date of such
    23  original appointment for veterans shall be deemed to  be  thirty  months
    24  earlier  than  the  actual  date,  determined in accordance with section
    25  thirty of the general construction law;  (3)  no  permanent  competitive
    26  class  employee subject to the jurisdiction of the civil service commis-
    27  sion of the city of New York who receives an injury in the line of duty,
    28  as defined in this paragraph, which requires immediate  hospitalization,
    29  and  which  is  not  compensable  through  workmen's compensation may be
    30  suspended, demoted or displaced pursuant to section eighty of this chap-
    31  ter within three months of the date of his or her confinement,  provided
    32  that  medical authorities approved by such commission shall certify that
    33  the employee is not able to perform the duties of his or  her  position;
    34  provided  further,  that such three-month period may be extended by such
    35  commission for additional periods not to exceed one year each  upon  the
    36  certification  of  medical  authorities selected by such commission that
    37  the employee is, as a result of his or her injury,  still  not  able  to
    38  perform  the  duties  of  his  or her position. An injury in the line of
    39  duty, as used herein, shall be construed to  mean  an  injury  which  is
    40  incurred  as  a direct result of the lawful performance of the duties of
    41  the position.  In determining whether an injury was received in the line
    42  of duty, such commission shall require the head of the agency  by  which
    43  the  employee  is  employed to certify that the injury was received as a
    44  direct result of the lawful performance of the  employee's  duties;  and
    45  (4)  the  spouse of a veteran with one hundred percent service connected
    46  disability shall be deemed to be sixty months earlier  than  the  actual
    47  date,  determined  in  accordance  with  section  thirty  of the general
    48  construction law, provided, the spouse is domiciled  with  the  veteran-
    49  spouse  and  is  the  head  of  the household. This section shall not be
    50  construed as conferring any additional benefit upon such employee  other
    51  than a preference in retention. Such employee shall be subject to trans-
    52  fer  upon  the abolition of his or her function within his or her agency
    53  or department. For the purpose of this subdivision, the terms  "date  of
    54  original  appointment" and "date of original appointment in the service"
    55  shall mean, for persons subject  to  subdivisions  one-a  and  one-c  of
    56  section  eighty  of  this chapter, the date of original appointment on a

        A. 10462                            3
     1  permanent basis in the grade or title in the service of the governmental
     2  jurisdiction in which such abolition or deduction occurs.
     3    6.  Penalty  for denial of preference in retention. A refusal to allow
     4  the preference in retention provided for in this section to any veteran,
     5  or a reduction of his or her compensation intended to bring about his or
     6  her resignation shall be deemed a  misdemeanor,  and  any  such  veteran
     7  shall  have  a right of action therefor in any court of competent juris-
     8  diction for damages and for righting the wrong.
     9    § 2. Section 85 of the civil service law, as added by chapter  790  of
    10  the  laws  of 1958, paragraph (a) of subdivision 1 as amended by chapter
    11  333 of the laws of 1993, paragraph (b) of subdivision 1  as  amended  by
    12  chapter  661  of  the  laws  of 1983, subparagraph 2 of paragraph (b) of
    13  subdivision 1 as amended by chapter 616 of the law of 1995, subparagraph
    14  3 of paragraph (b) and paragraph (c) of  subdivision  1  as  amended  by
    15  chapter  467  of  the  laws  of 1991, subparagraph 4 of paragraph (c) of
    16  subdivision 1 as amended by chapter 179 of the laws of  2006,  paragraph
    17  (c)  of  subdivision  4  as  amended  by chapter 15 of the laws of 1971,
    18  subdivision 7 as amended by chapter 532 of the laws of 1976 and subdivi-
    19  sion 7-a as amended by chapter 334 of the laws of 1994,  is  amended  to
    20  read as follows:
    21    §  85. Additional credit allowed veterans in competitive examinations;
    22  preference in retention upon abolition of positions. 1. Definitions. (a)
    23  The [terms] term "veteran" [and "non-disabled  veteran"  mean]  means  a
    24  member  of  the  armed forces of the United States who served therein in
    25  time of war or peace, who was honorably  discharged  or  released  under
    26  honorable  circumstances  from  such  service,  who  is a citizen of the
    27  United States or an alien lawfully admitted for permanent  residence  in
    28  the  United States and who is a resident of the state of New York at the
    29  time of application for appointment or  promotion  or  at  the  time  of
    30  retention, as the case may be.
    31    [(b)  The  term "disabled veteran" means a veteran who is certified by
    32  the United States veterans' administration or a military  department  as
    33  entitled  to  receive disability payments upon the certification of such
    34  veterans' administration or  a  military  department  for  a  disability
    35  incurred  by him in time of war and in existence at the time of applica-
    36  tion for appointment or promotion or at the time of  retention,  as  the
    37  case  may  be. Such disability shall be deemed to be in existence at the
    38  time of application for appointment or  promotion  or  at  the  time  of
    39  retention,  as  the  case  may  be, if the certificate of such veterans'
    40  administration shall state affirmatively  that  such  veteran  has  been
    41  examined by a medical officer of such veterans' administration on a date
    42  within one year of either the date of filing application for competitive
    43  examination  for  original  appointment  or promotion or the date of the
    44  establishment of the resulting eligible list or within one year  of  the
    45  time of retention, as the case may be; that at the time of such examina-
    46  tion the war-incurred disability described in such certificate was found
    47  to  exist;  and that such disability is rated at ten per centum or more.
    48  Such disability shall also be deemed to be in existence at such time  if
    49  the  certificate  of  such veterans' administration shall state affirma-
    50  tively that a permanent stabilized condition of disability exists to  an
    51  extent  of  ten  per  centum or more, notwithstanding the fact that such
    52  veteran has not been examined by a medical  officer  of  such  veterans'
    53  administration  within  one  year  of either the time of application for
    54  appointment or promotion or the date of filing application  for  compet-
    55  itive  examination  for original appointment or promotion, or within one

        A. 10462                            4

     1  year of the time of retention, as the case may be.  The  term  "disabled
     2  veteran" shall also mean:
     3    (1) A veteran who served in world war I, who continued to serve in the
     4  armed  forces  of  the United States after the eleventh day of November,
     5  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
     6  provided,  by  the  United  States veterans' administration as receiving
     7  disability payments upon the certification of  such  veterans'  adminis-
     8  tration  for  a  disability incurred by him in such service on or before
     9  the second day of July, nineteen hundred twenty-one.
    10    (2) A veteran who served in world war II, who continued  to  serve  in
    11  the armed forces of the United States after the second day of September,
    12  nineteen  hundred  forty-five,  or  who was employed by the War Shipping
    13  Administration or Office of Defense Transportation or their agents as  a
    14  merchant  seaman  documented by the United States Coast Guard or Depart-
    15  ment of Commerce, or as a civil servant employed by  the  United  States
    16  Army  Transport  Service  (later  redesignated as the United States Army
    17  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    18  Service; and who served satisfactorily as a crew member during the peri-
    19  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    20  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    21  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    22  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    23  to include "near foreign" voyages between the United States and  Canada,
    24  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    25  going  service  or  foreign waters and who has received a Certificate of
    26  Release or Discharge from Active Duty and a discharge certificate, or an
    27  Honorable Service Certificate/Report of Casualty, from the Department of
    28  Defense, or who served as a United States civilian employed by the Amer-
    29  ican Field Service and served overseas under United  States  Armies  and
    30  United  States  Army  Groups  in world war II during the period of armed
    31  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    32  eighth,  nineteen hundred forty-five, and who was discharged or released
    33  therefrom under honorable conditions, or who served as a  United  States
    34  civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
    35  can World Airways or one of  its  subsidiaries  or  its  affiliates  and
    36  served  overseas  as a result of Pan American's contract with Air Trans-
    37  port Command or Naval Air Transport Service during the period  of  armed
    38  conflict, December fourteenth, nineteen hundred forty-one through August
    39  fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
    40  released therefrom under honorable conditions, and who is certified,  as
    41  hereinbefore  provided, by the United States veterans' administration as
    42  receiving disability payments upon the certification of  such  veterans'
    43  administration  for  a  disability incurred by him in such service on or
    44  before the date that world war II is declared terminated.
    45    (3) A veteran who served during hostilities  participated  in  by  the
    46  military  forces of the United States subsequent to June twenty-seventh,
    47  nineteen hundred fifty, and who continued to serve in the  armed  forces
    48  of  the  United  States  after the thirty-first day of January, nineteen
    49  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
    50  the  United  States  veterans'  administration  as  receiving disability
    51  payments upon the certification of such veterans' administration  for  a
    52  disability incurred by him in such service.
    53    (c)  The  term  "time  of  war"  shall  include the following wars and
    54  hostilities for the periods and  based  upon  the  evidence  herein  set
    55  forth:

        A. 10462                            5

     1    (1)  World war I, from the sixth day of April, nineteen hundred seven-
     2  teen, to and including the eleventh day of  November,  nineteen  hundred
     3  eighteen.
     4    (2)  World  war II, from the seventh day of December, nineteen hundred
     5  forty-one, to and including the thirty-first day of  December,  nineteen
     6  hundred forty-six.
     7    (3)  Hostilities  participated in by the military forces of the United
     8  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
     9  and  including  the thirty-first day of January, nineteen hundred fifty-
    10  five.
    11    (4) Hostilities participated in by the military forces of  the  United
    12  States,  from the twenty-eighth day of February, nineteen hundred sixty-
    13  one to the seventh day of May, nineteen hundred seventy-five.
    14    (5) Hostilities participated in by the military forces of  the  United
    15  States  in Lebanon, from the first day of June, nineteen hundred eighty-
    16  three to the first day of December, nineteen  hundred  eighty-seven,  as
    17  established by receipt of the armed forces expeditionary medal, the navy
    18  expeditionary medal, or the marine corps expeditionary medal.
    19    (6)  Hostilities  participated in by the military forces of the United
    20  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
    21  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
    22  hundred eighty-three, as established by  receipt  of  the  armed  forces
    23  expeditionary  medal,  the navy expeditionary medal, or the marine corps
    24  expeditionary medal.
    25    (7) Hostilities participated in by the military forces of  the  United
    26  States  in  Panama, from the twentieth day of December, nineteen hundred
    27  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
    28  as established by receipt of the armed forces expeditionary  medal,  the
    29  navy expeditionary medal, or the marine corps expeditionary medal.
    30    (8)  Hostilities  participated in by the military forces of the United
    31  States in the Persian Gulf, from the  second  day  of  August,  nineteen
    32  hundred ninety to the end of such hostilities.
    33    (d)]  (b)  The  term  "time of application for original appointment or
    34  promotion" shall mean the date of the establishment of an eligible  list
    35  resulting  from  a  competitive  examination for original appointment or
    36  promotion, as the case may be, which date shall be the date on which the
    37  term of such eligible list commences.
    38    [(e)] (c) The term "time of retention" shall mean the time  of  aboli-
    39  tion or elimination of positions.
    40    2.   Additional  credits  in  competitive  examinations  for  original
    41  appointment or promotion.
    42    (a) On all eligible lists resulting from competitive examinations, the
    43  names of eligibles shall be entered in the  order  of  their  respective
    44  final  earned ratings on examination, with the name of the eligible with
    45  the highest final earned rating at the  head  of  such  list,  provided,
    46  however,  that for the purpose of determining final earned ratings, [(1)
    47  Disabled] veterans shall be entitled to receive ten points additional in
    48  a competitive examination for original appointment and five points addi-
    49  tional credit in a competitive examination for promotion[, and
    50    (2) Non-disabled veterans shall be entitled  to  receive  five  points
    51  additional  credit in a competitive examination for original appointment
    52  and two and one-half points additional credit in a competitive  examina-
    53  tion for promotion].
    54    (b)  Such  additional credit shall be added to the final earned rating
    55  of such [disabled veteran or non-disabled] veteran,  [as  the  case  may
    56  be,]  after  he  or she has qualified in the competitive examination and

        A. 10462                            6
     1  shall be granted only at the time  of  establishment  of  the  resulting
     2  eligible list.
     3    3. Application for additional credit; proof of eligibility; establish-
     4  ment of eligible list. Any candidate, believing himself or herself enti-
     5  tled to additional credit in a competitive examination as provided here-
     6  in,  may make application for such additional credit at any time between
     7  the date of his or her application for examination and the date  of  the
     8  establishment  of  the resulting eligible list. Such candidates shall be
     9  allowed a period of not less than two months from the date of the filing
    10  of his or her application for  examination  in  which  to  establish  by
    11  appropriate  documentary  proof  his or her eligibility to receive addi-
    12  tional credit under this section. At any  time  after  two  months  have
    13  elapsed  since  the final date for filing applications for a competitive
    14  examination for original appointment or  promotion,  the  eligible  list
    15  resulting  from such examination may be established, notwithstanding the
    16  fact that a veteran [or disabled veteran] who has applied for additional
    17  credit has failed to establish his or her eligibility  to  receive  such
    18  additional  credit.  A  candidate who fails to establish, by appropriate
    19  documentary proof, his or her eligibility to receive  additional  credit
    20  by  the  time  an  eligible  list is established shall not thereafter be
    21  granted additional credit on such eligible list.
    22    4. Use of additional credit. (a) Except as herein otherwise  provided,
    23  no  person who has received a permanent original appointment or a perma-
    24  nent promotion in the civil service of the state or of any city or civil
    25  division thereof from an eligible list on which he or  she  was  allowed
    26  the additional credit granted by this section, [either] as a veteran [or
    27  disabled veteran], shall thereafter be entitled to any additional credit
    28  under this section either as a veteran [or a disabled veteran].
    29    (b) Where, at the time of establishment of an eligible list, the posi-
    30  tion  of  a  veteran  [or  disabled  veteran]  on such list has not been
    31  affected by the addition of credits  granted  under  this  section,  the
    32  appointment  or  promotion  of such veteran [or disabled veteran, as the
    33  case may be,] from such eligible list shall not be deemed to  have  been
    34  made from an eligible list on which he or she was allowed the additional
    35  credit granted by this section.
    36    (c)  If,  at  the time of appointment from an eligible list, a veteran
    37  [or disabled veteran] is in the same relative standing among the  eligi-
    38  bles  who are willing to accept appointment as if he or she had not been
    39  granted the additional credits provided by  this  section,  his  or  her
    40  appointment  from  among such eligibles shall not be deemed to have been
    41  made from an eligible list on which he or she  was  allowed  such  addi-
    42  tional credits.
    43    (d)  Where  a  veteran  [or  disabled  veteran]  has  been  originally
    44  appointed or promoted from an eligible list  on  which  he  or  she  was
    45  allowed  additional  credit, but such appointment or promotion is there-
    46  after terminated either at the end of the probationary term or by resig-
    47  nation at or before the end of the probationary term, he  or  she  shall
    48  not  be  deemed  to have been appointed or promoted, as the case may be,
    49  from an eligible list on which he or she was allowed additional  credit,
    50  and  such appointment or promotion shall not affect his or her eligibil-
    51  ity for additional credit in other examinations.
    52    5. Withdrawal of application; election to relinquish additional  cred-
    53  it.    An application for additional credit in a competitive examination
    54  under this section may be withdrawn by the applicant at any  time  prior
    55  to  the establishment of the resulting eligible list. At any time during
    56  the term of existence of an eligible list resulting from  a  competitive

        A. 10462                            7
     1  examination  in  which  a veteran [or disabled veteran] has received the
     2  additional credit granted by this section,  such  veteran  [or  disabled
     3  veteran] may elect, prior to permanent original appointment or permanent
     4  promotion,  to  relinquish  the additional credit theretofore granted to
     5  him or her and accept the lower position on such eligible list to  which
     6  he  or  she  would otherwise have been entitled; provided, however, that
     7  such election shall thereafter be irrevocable. Such election shall be in
     8  writing and signed by the veteran [or disabled veteran], and transmitted
     9  to the state civil service department or the appropriate municipal civil
    10  service commission.
    11    6. Roster. The state  civil  service  department  and  each  municipal
    12  commission  shall  establish  and maintain in its office a roster of all
    13  veterans [and disabled veterans] appointed or promoted as  a  result  of
    14  additional credits granted by this section to positions under its juris-
    15  diction. The appointment or promotion of a veteran [or disabled veteran]
    16  as  a  result  of  additional  credits shall be void if such veteran [or
    17  disabled veteran], prior to such  appointment  or  promotion,  had  been
    18  appointed  or promoted as a result of additional credits granted by this
    19  section.
    20    7. Preference in retention upon the abolition  of  positions.  In  the
    21  event  of  the  abolition  or  elimination  of any position in the civil
    22  service for which eligible lists are established  or  any  position  the
    23  incumbent  of  which is encompassed by section eighty-a of this chapter,
    24  any suspension, demotion or displacement shall be made  in  the  inverse
    25  order  of the date of original appointment in the service subject to the
    26  following conditions: (1) blind  employees  shall  be  granted  absolute
    27  preference  in retention; (2) [the date of such original appointment for
    28  disabled veterans shall be deemed to be sixty months  earlier  than  the
    29  actual date, determined in accordance with section thirty of the general
    30  construction  law;  (3)] the date of such original appointment for [non-
    31  disabled] veterans shall be deemed to be thirty months earlier than  the
    32  actual date, determined in accordance with section thirty of the general
    33  construction  law;  [(4)]  (3)  no  permanent competitive class employee
    34  subject to the jurisdiction of the civil service commission of the  city
    35  of  New  York  who receives an injury in the line of duty, as defined in
    36  this paragraph, which requires immediate hospitalization, and  which  is
    37  not compensable through workmen's compensation may be suspended, demoted
    38  or  displaced  pursuant  to  section eighty of this chapter within three
    39  months of the date of his or  her  confinement,  provided  that  medical
    40  authorities  approved by such commission shall certify that the employee
    41  is not able to perform the duties  of  his  or  her  position;  provided
    42  further, that such three-month period may be extended by such commission
    43  for  additional  periods  not  to  exceed one year each upon the certif-
    44  ication of medical authorities selected  by  such  commission  that  the
    45  employee is, as a result of his or her injury, still not able to perform
    46  the  duties  of  his  or her position. An injury in the line of duty, as
    47  used herein, shall be construed to mean an injury which is incurred as a
    48  direct result of the lawful performance of the duties of  the  position.
    49  In  determining whether an injury was received in the line of duty, such
    50  commission shall require the head of the agency by which the employee is
    51  employed to certify that the injury was received as a direct  result  of
    52  the  lawful  performance  of  the  employee's  duties; and [(5)] (4) the
    53  spouse of a veteran with one hundred percent service connected disabili-
    54  ty shall be deemed to be sixty months  earlier  than  the  actual  date,
    55  determined in accordance with section thirty of the general construction
    56  law,  provided,  the  spouse is domiciled with the veteran-spouse and is

        A. 10462                            8
     1  the head of the household.  This  section  shall  not  be  construed  as
     2  conferring  any additional benefit upon such employee other than a pref-
     3  erence in retention. Such employee shall be subject to transfer upon the
     4  abolition of his or her function within his or her agency or department.
     5    7-a.  For  the purpose of subdivision seven of this section, the terms
     6  "date of original appointment" and "date of original appointment in  the
     7  service" shall mean, for persons subject to subdivisions one-a and one-c
     8  of section eighty of this chapter, the date of original appointment on a
     9  permanent basis in the grade or title in the service of the governmental
    10  jurisdiction in which such abolition or reduction occurs.
    11    8.  Penalty  for denial of preference in retention. A refusal to allow
    12  the preference in retention provided for in this section to any  veteran
    13  [or  disabled  veteran],  or  a  reduction  of  his  or her compensation
    14  intended to bring about his or her resignation shall be deemed a  misde-
    15  meanor, and any such veteran [or disabled veteran] shall have a right of
    16  action  therefor  in any court of competent jurisdiction for damages and
    17  for righting the wrong.
    18    § 3. This act shall take effect immediately.
feedback