§ 50-A — Test validation boards

§ 50-a. Test validation boards. Any person who has taken a civil\nservice examination for a position in the competitive class within the\njurisdiction of the department of personnel of the city of New York\nshall have the opportunity to protest any answer or rating guide\nproposed by the department of personnel to any question on such\nexamination in accordance with the provisions of this section. Such\nprotest must be filed with the city personnel director within the time\nlimits established pursuant to this section, and in the manner set forth\nin this section. Within a reasonable time after the last date that\nprotests are permitted to be filed pursuant to this section, the city\npersonnel director shall submit all protests filed in connection with an\nexamination to a test validation board which shall consist of one member\nappointed by the city personnel director, one member appointed by the\ncity personnel director from a list of up to three incumbent employees\nnominated by the certified employee organization representing employees\nin the title of the examination in question or if no certified employee\norganization exists, then nominated by an employee organization\nrecognized by the city personnel director as representing such\nemployees, and one member appointed jointly by the other two members. If\nthere is more than one certified employee organization or more than one\nrecognized employee association, such organizations or associations\nshall submit jointly a list of three nominees. Within a reasonable\nperiod after the date a civil service examination for a position in the\ncompetitive class within the jurisdiction of the department of personnel\nof the city of New York is administered, the department shall make\navailable to candidates the examination questions and proposed key\nanswers or rating guide, as appropriate, prepared by the city personnel\ndirector or his or her designee. The candidate's answer sheet shall be\nmade available to them at the beginning of the protest period. Within\nthirty days from the date that such proposed key answers and/or rating\nguides are made available to candidates, any candidate wishing to file a\nprotest to one or more key answers or to the rating guide shall submit a\ncompleted written protest, together with evidence in support thereof, to\nthe city personnel director. Such protest shall be duly subscribed by\nthe protesting candidate, shall state the date and number of the\nexamination, and the candidate's social security number and the original\nand four copies shall be submitted. Protests to proposed key answers or\nrating guides shall include a statement explaining why the answer\nselected by the protesting candidate is as good as or better than the\nproposed key answer or why the rating guide is in error, and any\nadditional evidence the candidate wishes to submit in support of such\nstatement. Within a reasonable time after the last date for filing\nprotests, the test validation board shall make a determination whether\nthe answers selected by the protesting candidates are as good as or\nbetter than the proposed key answers or whether the rating guide should\nbe modified and shall give reasons therefor in an opinion in writing.\nSuch determination shall be binding on the city personnel director and\nshall be made available for review at the department of personnel.\nWithin ten days after the determination is issued, a notice of its\navailability shall be served upon the protesting candidates by mail. A\ncandidate aggrieved by the determination of the test validation board\nmay file a petition in supreme court pursuant to article seventy-eight\nof the civil practice law and rules in accordance with subdivision seven\nof section fifty of this chapter. Such petition must be filed within\nthirty days after service of the notice of availability of the\ndetermination of the test validation board upon the protesting\ncandidate in accordance with the provisions of this section. The city\ncivil service commission shall have no jurisdiction to make\ndeterminations with respect to protests to answers or rating guides to\ncivil service examination questions.\n