Relates to unlawful acts in respect to examinations

Summary of provisions: Section 1 of the bill would amend CSL § 50(11) to confirm that it is unlawful for a State officer or employee to devel- op a profile for a position-specific civil service examination based on the qualifications of a particular person in order to be able to appoint that person: to submit a false certification, where such certification is required by the Civil Service Department ("CSD"); and to obtain or attempt to obtain by any manipulative or deceptive device an appointment or promotion for any person to which he or she is not entitled under the CSL.

Section 2 of the bill would add a new subdivision 12 to CSL § 50 to provide a civil penalty for certain violations of CSL § 50(11). Where the CSD finds such a violation by a State officer or employee, it may issue an order describing the nature of the violation and providing an opportunity to be heard, after which it may assess a civil penalty of not more than $5,000. The offending State officer or employee may file a petition with the State Civil Service Commission for a review of the order. If there is no further review pending, CSD would be authorized to file with the County Clerk of the county where the officer or employee resides the order of the department containing the amount of the civil penalty. The filing of such order would have the force and effect of a judgment duly docketed in the office of such clerk.

Section 3 of the bill would provide for an immediate effective date.

Existing law: CSL §50(41) addresses the disqualification of applicants or eligibles based on the misconduct of persons which includes illegali- ty, irregularity or fraud of a substantial nature in an application, examination or appointment. In addition, CSL § 50(11) makes it unlawful to impersonate another in taking an examination, to have in one's possession questions or answers relating to any such examination, and to sell questions or answers, among other prohibited conduct. CSL § 106, in addition to other misconduct, makes it a misdemeanor for persons-to willfully. alone or in cooperation with other persons, to defeat. deceive or obstruct any person in respect of his or her right of exam- ination, registration. certification. appointment. promotion or rein- statement

Prior legislative history: None.

Statement in support: In March 2009, the New York State Inspector General found that officials at the Department of Taxation and Finance

("DTF") had directed actions in 2006 to secure tenured civil service positions for certain individuals in violation of the CSL. Indeed, the Inspector General found that manipulation and abuse of the civil service system for hiring attorneys by DTF stretched back more than a decade. This legislation will provide a specific deterrent to future misconduct of this sort and ensure that position-specific examinations remain a credible method to determine the merit and fitness of applicants for positions in the competitive class of the civil service.

The bill would expand the current list of specified prohibited conduct with respect to examinations administered pursuant to the CSL. While many of these actions fall within the broad language of current law, the statute would provide specific and clear guidance as to the illegality of particular manipulative conduct. The bill would confirm that it is unlawful for State officials to manipulate the examination process in order to favor particular applicants they would like to appoint. These offenses, like the existing unlawful acts. would be punishable as Class A misdemeanors.

The bill, however, would also provide for the imposition of a civil penalty for misconduct relating to the testing process to provide an alternative to criminal prosecution. Given the nature of the offenses, it would be unusual for a District Attorney or the Attorney General to devote scarce resources to prosecuting individual cases under the CSL. Therefore, in order to provide a credible deterrent, the bill authorizes the CSD to assess a civil penalty for a violation of the provisions prohibiting the manipulation of the examination process.

In short, this bill would provide CSD with new tools and the appropriate flexibility to maintain the integrity of the civil service examination process.

Budget implications: None.

Effective date: The bill would become effective immediately.