A 5490: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5490 2025-2026 Regular Sessions  IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Governmental Employees 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. LBD00234-01-5 
 A. 5490 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.