§ 85-D — Additional credits allowed the children and siblings of New York city sanitation members killed in the line of duty

New York § 85-D

• Jurisdiction: New York
• Law CVS: Civil Service
• Art. 6: Special Rights For Veterans and Exempt Volunteer Firefighters

Text

§ 85-d. Additional credits allowed the children and siblings of New\nYork city sanitation members killed in the line of duty. 1. Definitions.\n(a) As used in this section, "killed in the line of duty" shall mean\nhaving died in the performance of duty as the natural and proximate\nresult of the World Trade Center attack on September eleventh, two\nthousand one or as the natural and proximate result of participation in\nthe rescue effort that was conducted in response to such attack.\n (b) As used in this section "New York city sanitation member" shall\nmean a sanitation member as defined in subdivision sixty-four of section\n13-101 of the administrative code of the city of New York.\n 2. Additional credit authorized. Additional credits shall be allowed\nto children and siblings of New York city sanitation members killed in\nthe line of duty in competitive examinations for original appointment.\n (a) On all eligible lists resulting from competitive examinations, the\nnames of eligible persons shall be entered in the order of their\nrespective final earned ratings on examinations, with the name of the\neligible person with the highest final earned ratings at the head of\nsuch list; provided, however, that for the purpose of determining final\nearned ratings, children and siblings of New York city sanitation\nmembers killed in the line of duty shall be entitled to receive an\nadditional ten points in a competitive examination for original\nappointment in the same municipality in which such child or sibling's\nparent or sibling has served.\n (b) Such additional credit shall be added to the final earned rating\nof such child or sibling, as the case may be, after such child or\nsibling has qualified in the competitive examination and shall be\ngranted only at the time of establishment of the resulting eligible\nlist.\n 3. Application for additional credit; proof of eligibility;\nestablishment of eligible list. Any candidate, believing that such\ncandidate is entitled to additional credit in a competitive examination\nas provided in this section, may make application for such additional\ncredit at any time between the date of such candidate's application for\nexamination and the date of the establishment of the resulting eligible\nlist. Such candidates shall be allowed a period of not less than two\nmonths from the date of the filing of their application for examination\nin which to establish by appropriate documentary proof such candidate's\neligibility to receive additional credit under this section. At any time\nafter two months have elapsed since the final date for filing\napplications for a competitive examination for original appointment, the\neligible list resulting from such examination may be established,\nnotwithstanding the fact that a child or sibling who has applied for\nadditional credit has failed to establish such child or sibling's\neligibility to receive such additional credit. A candidate who fails to\nestablish, by appropriate documentary proof, such candidate's\neligibility to receive additional credit by the time an eligible list is\nestablished shall not thereafter be granted additional credit on such\neligible list.\n 4. Use of additional credit. (a) Except as otherwise provided in this\nsubdivision, no person who has received a permanent original appointment\nin the civil service of the state or of any city or civil division\nthereof from an eligible list on which such person was allowed the\nadditional credit granted by this section as a child or sibling, shall\nthereafter be entitled to any additional credit under this section as a\nchild or sibling.\n (b) Where, at the time of establishment of an eligible list, the\nposition of a child or sibling on such list has not been affected by the\naddition of credits granted under this section, the appointment of such\nchild or sibling from such eligible list shall not be deemed to have\nbeen made from an eligible list on which such child or sibling was\nallowed the additional credit granted by this section.\n (c) If, at the time of appointment from an eligible list, a child or\nsibling is in the same relative standing among the eligible persons who\nare willing to accept appointment as if such child or sibling had not\nbeen granted the additional credits as provided by this section, such\nchild or sibling's appointment from such eligible persons shall not be\ndeemed to have been made from an eligible list on which such child or\nsibling was allowed such additional credits.\n (d) Where a child or sibling has been originally appointed from an\neligible list on which such child or sibling was allowed such additional\ncredit, but such appointment is thereafter terminated either at the end\nof the probationary term or by resignation at or before the end of the\nprobationary term, such child or sibling shall not be deemed to have\nbeen appointed, as the case may be, from an eligible list on which such\nchild or sibling is allowed additional credit, and such appointment\nshall not affect such child or sibling's eligibility for additional\ncredit in other examinations.\n 5. Withdrawal of application; election to relinquish additional\ncredit. An application for additional credit in a competitive\nexamination under this section may be withdrawn by the applicant at any\ntime prior to the establishment of the resulting eligible list. At any\ntime during the term of existence of an eligible list resulting from a\ncompetitive examination in which a child or sibling has received the\nadditional credit granted by this section, such child or sibling may\nelect, prior to permanent original appointment, to relinquish the\nadditional credit theretofore granted to such child or sibling and\naccept the lower position on such eligible list to which such child or\nsibling would otherwise have been entitled; provided, however, that such\nelection shall thereafter be irrevocable. Such election shall be in\nwriting and signed by the child or sibling, and transmitted to the\ndepartment or the appropriate municipal civil service commission.\n 6. Roster. The department and each municipal commission shall\nestablish and maintain in its office a roster of all such children and\nsiblings appointed as a result of additional credits granted by this\nsection to positions under its jurisdiction. The appointment of a child\nor sibling as a result of additional credits shall be void if such child\nor sibling, prior to such appointment, had been appointed as a result of\nadditional credits granted by this section.\n