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. LBD15495-01-6A. 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 aA. 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 by32the United States veterans' administration or a military department as33entitled to receive disability payments upon the certification of such34veterans' administration or a military department for a disability35incurred by him in time of war and in existence at the time of applica-36tion for appointment or promotion or at the time of retention, as the37case may be. Such disability shall be deemed to be in existence at the38time of application for appointment or promotion or at the time of39retention, as the case may be, if the certificate of such veterans'40administration shall state affirmatively that such veteran has been41examined by a medical officer of such veterans' administration on a date42within one year of either the date of filing application for competitive43examination for original appointment or promotion or the date of the44establishment of the resulting eligible list or within one year of the45time of retention, as the case may be; that at the time of such examina-46tion the war-incurred disability described in such certificate was found47to exist; and that such disability is rated at ten per centum or more.48Such disability shall also be deemed to be in existence at such time if49the certificate of such veterans' administration shall state affirma-50tively that a permanent stabilized condition of disability exists to an51extent of ten per centum or more, notwithstanding the fact that such52veteran has not been examined by a medical officer of such veterans'53administration within one year of either the time of application for54appointment or promotion or the date of filing application for compet-55itive examination for original appointment or promotion, or within oneA. 10462 4 1year of the time of retention, as the case may be. The term "disabled2veteran" shall also mean:3(1) A veteran who served in world war I, who continued to serve in the4armed forces of the United States after the eleventh day of November,5nineteen hundred eighteen, and who is certified, as hereinbefore6provided, by the United States veterans' administration as receiving7disability payments upon the certification of such veterans' adminis-8tration for a disability incurred by him in such service on or before9the second day of July, nineteen hundred twenty-one.10(2) A veteran who served in world war II, who continued to serve in11the armed forces of the United States after the second day of September,12nineteen hundred forty-five, or who was employed by the War Shipping13Administration or Office of Defense Transportation or their agents as a14merchant seaman documented by the United States Coast Guard or Depart-15ment of Commerce, or as a civil servant employed by the United States16Army Transport Service (later redesignated as the United States Army17Transportation Corps, Water Division) or the Naval Transportation18Service; and who served satisfactorily as a crew member during the peri-19od of armed conflict, December seventh, nineteen hundred forty-one, to20August fifteenth, nineteen hundred forty-five, aboard merchant vessels21in oceangoing, i.e., foreign, intercoastal, or coastwise service as such22terms are defined under federal law (46 USCA 10301 & 10501) and further23to include "near foreign" voyages between the United States and Canada,24Mexico, or the West Indies via ocean routes, or public vessels in ocean-25going service or foreign waters and who has received a Certificate of26Release or Discharge from Active Duty and a discharge certificate, or an27Honorable Service Certificate/Report of Casualty, from the Department of28Defense, or who served as a United States civilian employed by the Amer-29ican Field Service and served overseas under United States Armies and30United States Army Groups in world war II during the period of armed31conflict, December seventh, nineteen hundred forty-one through May32eighth, nineteen hundred forty-five, and who was discharged or released33therefrom under honorable conditions, or who served as a United States34civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri-35can World Airways or one of its subsidiaries or its affiliates and36served overseas as a result of Pan American's contract with Air Trans-37port Command or Naval Air Transport Service during the period of armed38conflict, December fourteenth, nineteen hundred forty-one through August39fourteenth, nineteen hundred forty-five, and who was discharged or40released therefrom under honorable conditions, and who is certified, as41hereinbefore provided, by the United States veterans' administration as42receiving disability payments upon the certification of such veterans'43administration for a disability incurred by him in such service on or44before the date that world war II is declared terminated.45(3) A veteran who served during hostilities participated in by the46military forces of the United States subsequent to June twenty-seventh,47nineteen hundred fifty, and who continued to serve in the armed forces48of the United States after the thirty-first day of January, nineteen49hundred fifty-five, and who is certified, as hereinbefore provided, by50the United States veterans' administration as receiving disability51payments upon the certification of such veterans' administration for a52disability incurred by him in such service.53(c) The term "time of war" shall include the following wars and54hostilities for the periods and based upon the evidence herein set55forth:A. 10462 5 1(1) World war I, from the sixth day of April, nineteen hundred seven-2teen, to and including the eleventh day of November, nineteen hundred3eighteen.4(2) World war II, from the seventh day of December, nineteen hundred5forty-one, to and including the thirty-first day of December, nineteen6hundred forty-six.7(3) Hostilities participated in by the military forces of the United8States, from the twenty-seventh day of June, nineteen hundred fifty, to9and including the thirty-first day of January, nineteen hundred fifty-10five.11(4) Hostilities participated in by the military forces of the United12States, from the twenty-eighth day of February, nineteen hundred sixty-13one to the seventh day of May, nineteen hundred seventy-five.14(5) Hostilities participated in by the military forces of the United15States in Lebanon, from the first day of June, nineteen hundred eighty-16three to the first day of December, nineteen hundred eighty-seven, as17established by receipt of the armed forces expeditionary medal, the navy18expeditionary medal, or the marine corps expeditionary medal.19(6) Hostilities participated in by the military forces of the United20States in Grenada, from the twenty-third day of October, nineteen21hundred eighty-three to the twenty-first day of November, nineteen22hundred eighty-three, as established by receipt of the armed forces23expeditionary medal, the navy expeditionary medal, or the marine corps24expeditionary medal.25(7) Hostilities participated in by the military forces of the United26States in Panama, from the twentieth day of December, nineteen hundred27eighty-nine to the thirty-first day of January, nineteen hundred ninety,28as established by receipt of the armed forces expeditionary medal, the29navy expeditionary medal, or the marine corps expeditionary medal.30(8) Hostilities participated in by the military forces of the United31States in the Persian Gulf, from the second day of August, nineteen32hundred 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)47Disabled] 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[, and50(2) Non-disabled veterans shall be entitled to receive five points51additional credit in a competitive examination for original appointment52and two and one-half points additional credit in a competitive examina-53tion 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 may56be,] after he or she has qualified in the competitive examination andA. 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 [or27disabled 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 the33case 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 competitiveA. 10462 7 1 examination in which a veteran [or disabled veteran] has received the 2 additional credit granted by this section, such veteran [or disabled3veteran] 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 [or17disabled 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 for28disabled veterans shall be deemed to be sixty months earlier than the29actual date, determined in accordance with section thirty of the general30construction law; (3)] the date of such original appointment for [non-31disabled] 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 isA. 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.
