Bill Text: NY A07080 | 2017-2018 | General Assembly | Introduced

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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) 2018-04-25 - enacting clause stricken [A07080 Detail]

Download: New_York-2017-A07080-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7080
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2017
                                       ___________
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10853-01-7
        A. 7080                             2
     1  she  was  allowed  the  additional  credit granted by this article, as a
     2  veteran, shall thereafter be entitled to  any  additional  consideration
     3  under this section as a veteran.
     4    (b)  Where a veteran or disabled veteran has been originally appointed
     5  or promoted to a non-classified position or a classified  position  from
     6  an  eligible  list on which he or she was allowed additional credit, but
     7  such appointment or promotion is thereafter terminated either at the end
     8  of the probationary term or by resignation at or before the end  of  the
     9  probationary  term, he or she shall not be deemed to have been appointed
    10  or promoted, as the case may be, and such appointment or promotion shall
    11  not affect his eligibility for additional  consideration  or  credit  in
    12  other examinations.
    13    4.  The  state  civil service department and each municipal commission
    14  shall establish and maintain in its office  a  roster  of  all  veterans
    15  appointed or promoted as a result of additional consideration granted by
    16  this  section  to  positions  under its jurisdiction. The appointment or
    17  promotion of a veteran as a result of additional consideration shall  be
    18  void  if  such veteran, prior to such appointment or promotion, had been
    19  appointed or promoted as a result of additional consideration granted by
    20  this section or credit granted by this article.
    21    5. In the event of the abolition or elimination of any  non-classified
    22  position  in the civil service, any suspension, demotion or displacement
    23  shall be made in the inverse order of the date of  original  appointment
    24  in  the service subject to the following conditions: (1) blind employees
    25  shall be granted absolute preference in retention; (2) the date of  such
    26  original  appointment  for  veterans shall be deemed to be thirty months
    27  earlier than the actual date,  determined  in  accordance  with  section
    28  thirty  of  the  general  construction law; (3) no permanent competitive
    29  class employee subject to the jurisdiction of the civil service  commis-
    30  sion of the city of New York who receives an injury in the line of duty,
    31  as  defined in this paragraph, which requires immediate hospitalization,
    32  and which is not  compensable  through  workmen's  compensation  may  be
    33  suspended, demoted or displaced pursuant to section eighty of this chap-
    34  ter  within three months of the date of his or her confinement, provided
    35  that medical authorities approved by such commission shall certify  that
    36  the  employee  is not able to perform the duties of his or her position;
    37  provided further, that such three-month period may be extended  by  such
    38  commission  for  additional periods not to exceed one year each upon the
    39  certification of medical authorities selected by  such  commission  that
    40  the  employee  is,  as  a result of his or her injury, still not able to
    41  perform the duties of his or her position. An  injury  in  the  line  of
    42  duty,  as  used  herein,  shall  be construed to mean an injury which is
    43  incurred as a direct result of the lawful performance of the  duties  of
    44  the position.  In determining whether an injury was received in the line
    45  of  duty,  such commission shall require the head of the agency by which
    46  the employee is employed to certify that the injury was  received  as  a
    47  direct  result  of  the lawful performance of the employee's duties; and
    48  (4) the spouse of a veteran with one hundred percent  service  connected
    49  disability  shall  be  deemed to be sixty months earlier than the actual
    50  date, determined in  accordance  with  section  thirty  of  the  general
    51  construction  law,  provided,  the spouse is domiciled with the veteran-
    52  spouse and is the head of the  household.  This  section  shall  not  be
    53  construed  as conferring any additional benefit upon such employee other
    54  than a preference in retention. Such employee shall be subject to trans-
    55  fer upon the abolition of his or her function within his or  her  agency
    56  or  department.  For the purpose of this subdivision, the terms "date of
        A. 7080                             3
     1  original appointment" and "date of original appointment in the  service"
     2  shall  mean,  for  persons  subject  to  subdivisions one-a and one-c of
     3  section eighty of this chapter, the date of original  appointment  on  a
     4  permanent basis in the grade or title in the service of the governmental
     5  jurisdiction in which such abolition or deduction occurs.
     6    6.  Penalty  for denial of preference in retention. A refusal to allow
     7  the preference in retention provided for in this section to any veteran,
     8  or a reduction of his or her compensation intended to bring about his or
     9  her resignation shall be deemed a  misdemeanor,  and  any  such  veteran
    10  shall  have  a right of action therefor in any court of competent juris-
    11  diction for damages and for righting the wrong.
    12    § 2. Section 85 of the civil service law, as added by chapter  790  of
    13  the  laws  of 1958, paragraph (a) of subdivision 1 as amended by chapter
    14  333 of the laws of 1993, paragraph (b) of subdivision 1  as  amended  by
    15  chapter  661  of  the  laws  of 1983, subparagraph 2 of paragraph (b) of
    16  subdivision 1 as amended by chapter 616 of the laws  of  1995,  subpara-
    17  graph  3  of paragraph (b) and paragraph (c) of subdivision 1 as amended
    18  by chapter 467 of the laws of 1991, subparagraph 4 of paragraph  (c)  of
    19  subdivision  1  as amended by chapter 179 of the laws of 2006, paragraph
    20  (c) of subdivision 4 as amended by chapter  15  of  the  laws  of  1971,
    21  subdivision 7 as amended by chapter 532 of the laws of 1976 and subdivi-
    22  sion  7-a  as  amended by chapter 334 of the laws of 1994, is amended to
    23  read as follows:
    24    § 85. Additional credit allowed veterans in competitive  examinations;
    25  preference in retention upon abolition of positions. 1. Definitions. (a)
    26  The  [terms]  term  "veteran"  [and "non-disabled veteran" mean] means a
    27  member of the armed forces of the United States who  served  therein  in
    28  time  of  war  or  peace, who was honorably discharged or released under
    29  honorable circumstances from such service,  who  is  a  citizen  of  the
    30  United  States  or an alien lawfully admitted for permanent residence in
    31  the United States and who is a resident of the state of New York at  the
    32  time  of  application  for  appointment  or  promotion or at the time of
    33  retention, as the case may be.
    34    [(b) The term "disabled veteran" means a veteran who is  certified  by
    35  the  United  States veterans' administration or a military department as
    36  entitled to receive disability payments upon the certification  of  such
    37  veterans'  administration  or  a  military  department  for a disability
    38  incurred by him in time of war and in existence at the time of  applica-
    39  tion  for  appointment  or promotion or at the time of retention, as the
    40  case may be. Such disability shall be deemed to be in existence  at  the
    41  time  of  application  for  appointment  or  promotion or at the time of
    42  retention, as the case may be, if  the  certificate  of  such  veterans'
    43  administration  shall  state  affirmatively  that  such veteran has been
    44  examined by a medical officer of such veterans' administration on a date
    45  within one year of either the date of filing application for competitive
    46  examination for original appointment or promotion or  the  date  of  the
    47  establishment  of  the resulting eligible list or within one year of the
    48  time of retention, as the case may be; that at the time of such examina-
    49  tion the war-incurred disability described in such certificate was found
    50  to exist; and that such disability is rated at ten per centum  or  more.
    51  Such  disability shall also be deemed to be in existence at such time if
    52  the certificate of such veterans' administration  shall  state  affirma-
    53  tively  that a permanent stabilized condition of disability exists to an
    54  extent of ten per centum or more, notwithstanding  the  fact  that  such
    55  veteran  has  not  been  examined by a medical officer of such veterans'
    56  administration within one year of either the  time  of  application  for
        A. 7080                             4

     1  appointment  or  promotion or the date of filing application for compet-
     2  itive examination for original appointment or promotion, or  within  one
     3  year  of  the  time of retention, as the case may be. The term "disabled
     4  veteran" shall also mean:
     5    (1) A veteran who served in world war I, who continued to serve in the
     6  armed  forces  of  the United States after the eleventh day of November,
     7  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
     8  provided,  by  the  United  States veterans' administration as receiving
     9  disability payments upon the certification of  such  veterans'  adminis-
    10  tration  for  a  disability incurred by him in such service on or before
    11  the second day of July, nineteen hundred twenty-one.
    12    (2) A veteran who served in world war II, who continued  to  serve  in
    13  the armed forces of the United States after the second day of September,
    14  nineteen  hundred  forty-five,  or  who was employed by the War Shipping
    15  Administration or Office of Defense Transportation or their agents as  a
    16  merchant  seaman  documented by the United States Coast Guard or Depart-
    17  ment of Commerce, or as a civil servant employed by  the  United  States
    18  Army  Transport  Service  (later  redesignated as the United States Army
    19  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    20  Service; and who served satisfactorily as a crew member during the peri-
    21  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    22  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    23  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    24  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    25  to include "near foreign" voyages between the United States and  Canada,
    26  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    27  going  service  or  foreign waters and who has received a Certificate of
    28  Release or Discharge from Active Duty and a discharge certificate, or an
    29  Honorable Service Certificate/Report of Casualty, from the Department of
    30  Defense, or who served as a United States civilian employed by the Amer-
    31  ican Field Service and served overseas under United  States  Armies  and
    32  United  States  Army  Groups  in world war II during the period of armed
    33  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    34  eighth,  nineteen hundred forty-five, and who was discharged or released
    35  therefrom under honorable conditions, or who served as a  United  States
    36  civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
    37  can World Airways or one of  its  subsidiaries  or  its  affiliates  and
    38  served  overseas  as a result of Pan American's contract with Air Trans-
    39  port Command or Naval Air Transport Service during the period  of  armed
    40  conflict, December fourteenth, nineteen hundred forty-one through August
    41  fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
    42  released therefrom under honorable conditions, and who is certified,  as
    43  hereinbefore  provided, by the United States veterans' administration as
    44  receiving disability payments upon the certification of  such  veterans'
    45  administration  for  a  disability incurred by him in such service on or
    46  before the date that world war II is declared terminated.
    47    (3) A veteran who served during hostilities  participated  in  by  the
    48  military  forces of the United States subsequent to June twenty-seventh,
    49  nineteen hundred fifty, and who continued to serve in the  armed  forces
    50  of  the  United  States  after the thirty-first day of January, nineteen
    51  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
    52  the  United  States  veterans'  administration  as  receiving disability
    53  payments upon the certification of such veterans' administration  for  a
    54  disability incurred by him in such service.
        A. 7080                             5

     1    (c)  The  term  "time  of  war"  shall  include the following wars and
     2  hostilities for the periods and  based  upon  the  evidence  herein  set
     3  forth:
     4    (1)  World war I, from the sixth day of April, nineteen hundred seven-
     5  teen, to and including the eleventh day of  November,  nineteen  hundred
     6  eighteen.
     7    (2)  World  war II, from the seventh day of December, nineteen hundred
     8  forty-one, to and including the thirty-first day of  December,  nineteen
     9  hundred forty-six.
    10    (3)  Hostilities  participated in by the military forces of the United
    11  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
    12  and  including  the thirty-first day of January, nineteen hundred fifty-
    13  five.
    14    (4) Hostilities participated in by the military forces of  the  United
    15  States,  from the twenty-eighth day of February, nineteen hundred sixty-
    16  one to the seventh day of May, nineteen hundred seventy-five.
    17    (5) Hostilities participated in by the military forces of  the  United
    18  States  in Lebanon, from the first day of June, nineteen hundred eighty-
    19  three to the first day of December, nineteen  hundred  eighty-seven,  as
    20  established by receipt of the armed forces expeditionary medal, the navy
    21  expeditionary medal, or the marine corps expeditionary medal.
    22    (6)  Hostilities  participated in by the military forces of the United
    23  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
    24  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
    25  hundred eighty-three, as established by  receipt  of  the  armed  forces
    26  expeditionary  medal,  the navy expeditionary medal, or the marine corps
    27  expeditionary medal.
    28    (7) Hostilities participated in by the military forces of  the  United
    29  States  in  Panama, from the twentieth day of December, nineteen hundred
    30  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
    31  as established by receipt of the armed forces expeditionary  medal,  the
    32  navy expeditionary medal, or the marine corps expeditionary medal.
    33    (8)  Hostilities  participated in by the military forces of the United
    34  States in the Persian Gulf, from the  second  day  of  August,  nineteen
    35  hundred ninety to the end of such hostilities.
    36    (d)]  (b)  The  term  "time of application for original appointment or
    37  promotion" shall mean the date of the establishment of an eligible  list
    38  resulting  from  a  competitive  examination for original appointment or
    39  promotion, as the case may be, which date shall be the date on which the
    40  term of such eligible list commences.
    41    [(e)] (c) The term "time of retention" shall mean the time  of  aboli-
    42  tion or elimination of positions.
    43    2.   Additional  credits  in  competitive  examinations  for  original
    44  appointment or promotion.
    45    (a) On all eligible lists resulting from competitive examinations, the
    46  names of eligibles shall be entered in the  order  of  their  respective
    47  final  earned ratings on examination, with the name of the eligible with
    48  the highest final earned rating at the  head  of  such  list,  provided,
    49  however,  that for the purpose of determining final earned ratings, [(1)
    50  Disabled] veterans shall be entitled to receive ten points additional in
    51  a competitive examination for original appointment and five points addi-
    52  tional credit in a competitive examination for promotion[, and
    53    (2) Non-disabled veterans shall be entitled  to  receive  five  points
    54  additional  credit in a competitive examination for original appointment
    55  and two and one-half points additional credit in a competitive  examina-
    56  tion for promotion].
        A. 7080                             6
     1    (b)  Such  additional credit shall be added to the final earned rating
     2  of such [disabled veteran or non-disabled] veteran,  [as  the  case  may
     3  be,]  after  he  or she has qualified in the competitive examination and
     4  shall be granted only at the time  of  establishment  of  the  resulting
     5  eligible list.
     6    3. Application for additional credit; proof of eligibility; establish-
     7  ment of eligible list. Any candidate, believing himself or herself enti-
     8  tled to additional credit in a competitive examination as provided here-
     9  in,  may make application for such additional credit at any time between
    10  the date of his or her application for examination and the date  of  the
    11  establishment  of  the resulting eligible list. Such candidates shall be
    12  allowed a period of not less than two months from the date of the filing
    13  of his or her application for  examination  in  which  to  establish  by
    14  appropriate  documentary  proof  his or her eligibility to receive addi-
    15  tional credit under this section. At any  time  after  two  months  have
    16  elapsed  since  the final date for filing applications for a competitive
    17  examination for original appointment or  promotion,  the  eligible  list
    18  resulting  from such examination may be established, notwithstanding the
    19  fact that a veteran [or disabled veteran] who has applied for additional
    20  credit has failed to establish his or her eligibility  to  receive  such
    21  additional  credit.  A  candidate who fails to establish, by appropriate
    22  documentary proof, his or her eligibility to receive  additional  credit
    23  by  the  time  an  eligible  list is established shall not thereafter be
    24  granted additional credit on such eligible list.
    25    4. Use of additional credit. (a) Except as herein otherwise  provided,
    26  no  person who has received a permanent original appointment or a perma-
    27  nent promotion in the civil service of the state or of any city or civil
    28  division thereof from an eligible list on which he or  she  was  allowed
    29  the additional credit granted by this section, [either] as a veteran [or
    30  disabled veteran], shall thereafter be entitled to any additional credit
    31  under this section either as a veteran [or a disabled veteran].
    32    (b) Where, at the time of establishment of an eligible list, the posi-
    33  tion  of  a  veteran  [or  disabled  veteran]  on such list has not been
    34  affected by the addition of credits  granted  under  this  section,  the
    35  appointment  or  promotion  of such veteran [or disabled veteran, as the
    36  case may be,] from such eligible list shall not be deemed to  have  been
    37  made from an eligible list on which he or she was allowed the additional
    38  credit granted by this section.
    39    (c)  If,  at  the time of appointment from an eligible list, a veteran
    40  [or disabled veteran] is in the same relative standing among the  eligi-
    41  bles  who are willing to accept appointment as if he or she had not been
    42  granted the additional credits provided by  this  section,  his  or  her
    43  appointment  from  among such eligibles shall not be deemed to have been
    44  made from an eligible list on which he or she  was  allowed  such  addi-
    45  tional credits.
    46    (d)  Where  a  veteran  [or  disabled  veteran]  has  been  originally
    47  appointed or promoted from an eligible list  on  which  he  or  she  was
    48  allowed  additional  credit, but such appointment or promotion is there-
    49  after terminated either at the end of the probationary term or by resig-
    50  nation at or before the end of the probationary term, he  or  she  shall
    51  not  be  deemed  to have been appointed or promoted, as the case may be,
    52  from an eligible list on which he or she was allowed additional  credit,
    53  and  such appointment or promotion shall not affect his or her eligibil-
    54  ity for additional credit in other examinations.
    55    5. Withdrawal of application; election to relinquish additional  cred-
    56  it.    An application for additional credit in a competitive examination
        A. 7080                             7
     1  under this section may be withdrawn by the applicant at any  time  prior
     2  to  the establishment of the resulting eligible list. At any time during
     3  the term of existence of an eligible list resulting from  a  competitive
     4  examination  in  which  a veteran [or disabled veteran] has received the
     5  additional credit granted by this section,  such  veteran  [or  disabled
     6  veteran] may elect, prior to permanent original appointment or permanent
     7  promotion,  to  relinquish  the additional credit theretofore granted to
     8  him or her and accept the lower position on such eligible list to  which
     9  he  or  she  would otherwise have been entitled; provided, however, that
    10  such election shall thereafter be irrevocable. Such election shall be in
    11  writing and signed by the veteran [or disabled veteran], and transmitted
    12  to the state civil service department or the appropriate municipal civil
    13  service commission.
    14    6. Roster. The state  civil  service  department  and  each  municipal
    15  commission  shall  establish  and maintain in its office a roster of all
    16  veterans [and disabled veterans] appointed or promoted as  a  result  of
    17  additional credits granted by this section to positions under its juris-
    18  diction. The appointment or promotion of a veteran [or disabled veteran]
    19  as  a  result  of  additional  credits shall be void if such veteran [or
    20  disabled veteran], prior to such  appointment  or  promotion,  had  been
    21  appointed  or promoted as a result of additional credits granted by this
    22  section.
    23    7. Preference in retention upon the abolition  of  positions.  In  the
    24  event  of  the  abolition  or  elimination  of any position in the civil
    25  service for which eligible lists are established  or  any  position  the
    26  incumbent  of  which is encompassed by section eighty-a of this chapter,
    27  any suspension, demotion or displacement shall be made  in  the  inverse
    28  order  of the date of original appointment in the service subject to the
    29  following conditions: (1) blind  employees  shall  be  granted  absolute
    30  preference  in retention; (2) [the date of such original appointment for
    31  disabled veterans shall be deemed to be sixty months  earlier  than  the
    32  actual date, determined in accordance with section thirty of the general
    33  construction  law;  (3)] the date of such original appointment for [non-
    34  disabled] veterans shall be deemed to be thirty months earlier than  the
    35  actual date, determined in accordance with section thirty of the general
    36  construction  law;  [(4)]  (3)  no  permanent competitive class employee
    37  subject to the jurisdiction of the civil service commission of the  city
    38  of  New  York  who receives an injury in the line of duty, as defined in
    39  this paragraph, which requires immediate hospitalization, and  which  is
    40  not compensable through workmen's compensation may be suspended, demoted
    41  or  displaced  pursuant  to  section eighty of this chapter within three
    42  months of the date of his or  her  confinement,  provided  that  medical
    43  authorities  approved by such commission shall certify that the employee
    44  is not able to perform the duties  of  his  or  her  position;  provided
    45  further, that such three-month period may be extended by such commission
    46  for  additional  periods  not  to  exceed one year each upon the certif-
    47  ication of medical authorities selected  by  such  commission  that  the
    48  employee is, as a result of his or her injury, still not able to perform
    49  the  duties  of  his  or her position. An injury in the line of duty, as
    50  used herein, shall be construed to mean an injury which is incurred as a
    51  direct result of the lawful performance of the duties of  the  position.
    52  In  determining whether an injury was received in the line of duty, such
    53  commission shall require the head of the agency by which the employee is
    54  employed to certify that the injury was received as a direct  result  of
    55  the  lawful  performance  of  the  employee's  duties; and [(5)] (4) the
    56  spouse of a veteran with one hundred percent service connected disabili-
        A. 7080                             8
     1  ty shall be deemed to be sixty months  earlier  than  the  actual  date,
     2  determined in accordance with section thirty of the general construction
     3  law,  provided,  the  spouse is domiciled with the veteran-spouse and is
     4  the  head  of  the  household.  This  section  shall not be construed as
     5  conferring any additional benefit upon such employee other than a  pref-
     6  erence in retention. Such employee shall be subject to transfer upon the
     7  abolition of his or her function within his or her agency or department.
     8    7-a.  For  the purpose of subdivision seven of this section, the terms
     9  "date of original appointment" and "date of original appointment in  the
    10  service" shall mean, for persons subject to subdivisions one-a and one-c
    11  of section eighty of this chapter, the date of original appointment on a
    12  permanent basis in the grade or title in the service of the governmental
    13  jurisdiction in which such abolition or reduction occurs.
    14    8.  Penalty  for denial of preference in retention. A refusal to allow
    15  the preference in retention provided for in this section to any  veteran
    16  [or  disabled  veteran],  or  a  reduction  of  his  or her compensation
    17  intended to bring about his or her resignation shall be deemed a  misde-
    18  meanor, and any such veteran [or disabled veteran] shall have a right of
    19  action  therefor  in any court of competent jurisdiction for damages and
    20  for righting the wrong.
    21    § 3. This act shall take effect immediately.