Bill Text: NY S00969 | 2023-2024 | 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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CIVIL SERVICE AND PENSIONS [S00969 Detail]

Download: New_York-2023-S00969-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           969

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        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
    20  section seventeen of this [chapter] title. Such municipal commission may
    21  certify such names for appointment to a position under its  jurisdiction
    22  in the same manner as certifications are made from the eligible lists of
    23  such  commission.  If  the  state civil service department, county civil
    24  service commission or county personnel officer, upon the request of such
    25  commission, has certified an appropriate eligible list to fill a partic-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03272-01-3
        S. 969                              2

     1  ular position, such list shall continue to be used until  superseded  by
     2  an eligible list established by such municipal commission for such posi-
     3  tion,  or until such list expires or is exhausted or is otherwise termi-
     4  nated.
     5    4-c.  Alternate lists for police departments. Police departments where
     6  a list pursuant to subdivision four of this section does not  adequately
     7  represent  minority  populations  and  the  existing police department's
     8  ethnic, racial or women composition deviates  from  the  community  upon
     9  which  they serve by twenty-five percent or more, a municipal commission
    10  may use alternate lists, including but not limited to the  county  list,
    11  for  the filling of vacancies by both resident and non-resident minority
    12  group members, as defined by section three hundred ten of the  executive
    13  law, and women in order to achieve diversity in the workforce. Alternate
    14  lists  created by police departments in surrounding municipalities shall
    15  be provided and police departments shall hire from such alternate  lists
    16  until  such  police  department's ethnic, racial or women composition no
    17  longer deviates from the community upon which they serve by  twenty-five
    18  percent  or  more,  upon  which  time  the municipal commission shall be
    19  required to use its own eligible list.  Police  departments  shall  hire
    20  candidates  from alternate lists based on merit and fitness, further the
    21  rule of three shall apply.
    22    § 2. This act shall take effect immediately.