§ 55-A — Employment of persons with disabilities by municipalities

§ 55-a. Employment of persons with disabilities by municipalities. 1.\nMunicipal civil service commissions in the state may, by rule, determine\na prescribed number of positions, not to exceed seven hundred positions,\nwith duties which can be performed by physically or mentally disabled\npersons who are found qualified, in the manner hereafter prescribed, to\nperform satisfactorily such duties.\n 2. Upon such a determination, such positions shall be classified in\nthe non-competitive class, and shall be filled by persons who shall have\nbeen certified by either the commission for the blind in the state\noffice of children and family services as physically disabled by\nblindness or by the state education department as otherwise physically\nor mentally disabled and, in any event, qualified to perform\nsatisfactorily the duties of any such position. At least three hundred\nof such positions shall be filled by persons who have been certified as\nphysically disabled. If no qualified physically disabled persons have\napplied for such positions, the municipal civil service commission may\nfill those unfilled positions with qualified mentally disabled persons.\n 3. Prior to making certification of physically or mentally disabled\npersons for any such position, the commission for the blind in the case\nof persons physically disabled by blindness or the state education\ndepartment in the case of persons otherwise physically or mentally\ndisabled shall obtain from the appropriate municipal civil service\ncommission a detailed description of all duties of the position, and\nshall investigate the extent of the disability by examination of any\nsuch person or otherwise, and shall determine and report its findings to\nthe appropriate civil service commission, as to the ability of the\ndisabled person to perform the duties of such position. Such findings\nshall be given due consideration by the municipal civil service\ncommission.\n 4. Notwithstanding any other provision of law, a municipal commission\nmay, for titles designated by it, extend to employees in the service of\na civil division who are holding or who have held a position in the\nnon-competitive class of such services pursuant to the provisions of\nthis section, the same opportunity as employees in the competitive class\nto take promotion examinations.\n 5. Notwithstanding any other provision of law, a municipal commission\nshall treat employees appointed pursuant to the provisions of this\nsection, who are holding or who have held a position in the\nnon-competitive class, as if they were employees in the competitive\nclass where, because of economy, consolidation, or abolition of\nfunctions, curtailment of activities or otherwise, a number of such\npositions in either the non-competitive or competitive classes are\nabolished or reduced in rank or salary grade, suspension or demotion, as\nfurther provided in title C of article five of this chapter. For\npurposes of seniority, the date an employee is appointed pursuant to\nthis section, shall be deemed equivalent to the date a competitive\nemployee is appointed from an eligible list.\n