Employment Law Questions? Ask an Employment Lawyer.
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My name isXXXXX am a New York and Pennsylvania licensed, practicing Attorney and would be glad to help 1. What question may I Answer for you today ?
2. In what position are you employed by FDNY ?
3. Have you recently applied for a promotion and were denied such promotion ?
4. Do you believe that any form of discrimination is being practiced in your position, or against you ? Thank you and I look forward to your Reply,
Thank you for your information, but you have not told me 1) What your question is, 2) What position you hold with the FDNY, or 3) If you have recently been denied a promotion. In addition, I need to know the following information:
4. What are the job requirements for an EMT with the FDNY ?
5. What are the job requirements of a Paramedic with the FDNY ?
6. What is the salary for a Paramedic who is a Lieutenant ?
7. What is the salary for an EMT, if he were allowed to be promoted to 'Lieutenant' ?
After 1 Year
After 2 Years
After 3 Years
After 5 Years
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Paramedic Salary Information*
My goal is to give you as specific and accurate an Answer which relates to your specific situation. I can only do so if you give me the last pieces of information which I requested in my previous information request, specifically the following:
4. What are the job requirements for an EMT with the FDNY ?
5. What are the job requirements of a Paramedic with the FDNY ?
Is the salary the same for an EMT Lieutenant and a Paramedic Lieutenant for the same number of years with the FDNY ?
If there is something in my questions which you do not understand, please let me know, that way I will be able to give you an Answer that much faster, rather than going back and forth asking the same information.
Thank you for all your additional information,
Under New York law, the FDNY can be accused of discriminatory practices in promotions to Lieutenant, if the following are present in your place of employment: 1. The educational requirements for the positions of EMT and Paramedic are the same;
2. The job description and job reqirements of EMT and Paramedic are the same;
3. EMTs have been promoted to ranks of Lieutenant or higher ( Captain and Deputy Chief ) after the present policy of promotions was established;
4. All classes of EMT were not permitted to take the competetive examination for promotion, even though they met the educational requirements and could perform all the job requirements as the individuals who held the position of Paramedic.
In a nutshell, the FDNY can be accused of discriminatory practices if two categories of jobs required the same educational background, and the same job skills, but only one category was eligible to take the competetive examination and be promoted. If the categories of positions differed in educational and job skill requirements in order to be eligible for promotion by taking the competetive examination for promotion, then the FDNY cannot be accused of discrimination because they would have a rational basis for differentiating between which positions were eligible for promotion. If there is anything in which you need further clarification, or a certain section of the NYS Civil Service law which you would like me to review, please let me know. In the meantime, please be kind enough to press "Accept" so that I receive credit for assisting you. Your question will not close and you can still ask follow up questions for clarification.
Positive Feedback and Bonus are always appreciated.
Thank you for allowing me the opportunity to assist you,
Kindest Regards, XXXXX XXXXX Wishes for happiness and good health throughout 2012,
Thank you for accepting my Answer.
Let me look at the NYS Civil Service Law. It would save a lot of time if you could direct me to any section which relates to the FDNY. If not, my research will take a bit longer. As for your question on the legality of the FDNY to change the promotional requirements from one exam to the next, the Answer is that they can change the promotional requirements for any position, BUT, they must keep the changes in full force, in other words, they cannot change the requirements say, January 3, 2012, then February 3, 2012 change them again by reverting back to the requirements before the January 3 changes. They cannot oscillate back and forth, that would be illegal.
Let me lookl at the Civil Service law, but in the meantime, if you have a specific section you could give me, it will save a lot of time.
Thank you for your patience and understanding,
Thank you for your patience and understanding, It may take more than just the little while I had thought. But, please rest assured that I am not ignoring you, nor have I forgtten about you, it just appears that I have a lot more reading into the Civil Service Law than I had anticipated,
Again, thank you for your patience and understanding,
Thank you for your patience,
I have reviewed the NY Civil Service Law and found that it applies to all civil service employees, regardless of the agency which employs them. There is no separate section relating entirely to the FDNY; what is applicable to one position, is equally applicable to another position of the same grade level.
Click on www.nyc.gov/dcas for information on how an individual can be appointed as a permanent civil service EMT, or Paramedic. The above is the official website of the Department of Citywide Administrative Services. Once an individual has been appointed to permanent civil service status, they can apply to take all emergency medical service promotional exams, and once the individual is a member of the EMS Command, they can be promoted to the rank of Lieutenant based on their performance on a civil service exam.
You can find the qualification requirements in the Notice of Examination and on the DCAS website which I noted above. Monthly examination schedules are listed on the website whose link I have provided below:
Since you are member of a Union, Local #2507 of District Council 37, if I am not mistaken, If I were in your position, I would first report the actions of the FDNY to my Union Representative.
The authority and responsibility for the administration of the Civil Service law is vested in the State Department of Civil Service. "Civil Service" relates to all offices and positions in the service of the
State or any of its civil divisions. The State Department of Civil Service is responsible for carrying out all of the duties and functions of the Department, including, but not limited to,
"...the administration of the examinations program, which encompasses the scheduling, preparation, conduct and rating of examinations; setting minimum qualifications; establishing the type and conduct of tests; and deciding whether to hold an open-competitive or promotion examination in any given instance. Other examples of the administrative functions of the Department are the establishment and certification of eligible lists, maintenance of rosters.........",
"...the Commission may be described generally as quasi-legislative,
appellate and investigative...and may be characterized as the "watchdog" of the
merit system.... The appellate function involves hearing and determining appeals ... in
disciplinary cases for those employees not covered by contract... appeals from examination
ratings, and appeals of any action taken by the President, acting as the head of the
Department of Civil Service. Any appeal of the President's action must be filed in
writing with the Commission within 30 days of the determination. The
Commission may make such investigation relative to the determination appealed,
as it may deem advisable, and may affirm, reverse or modify such determination.
The Commission may hold a hearing on the appeal, but is not required to do so. No
appeal is allowed if the determination of the President relates solely to matters of
internal management of the Department of Civil Service or if the determination
was approved in advance by the Commission."
Positions in civil service are classified as "Non-competetive" and
The non-competitive class consists of those positions for which it is not practicable
to conduct examinations on a competitive basis. Appointments to non-competitive
positions are to be made after a non-competitive examination, such as a review of
training and experience, as prescribed by the Department.
competitive class consists of all offices and employments in the classified
service that are not in the exempt, non-competitive or labor class. Positions in the
competitive class are not listed in the rules or regulations. No action is required to
place a position in the competitive class. Every
Civil Service Law §50.1 requires that, "as far as practicable, as far as practicable, positions in the competitive class be filled through a competitive examination process that ascertains the relative
merit and fitness of each candidate.........."
Civil Service Law §50.2 requires that "The State Department of Civil Service must issue an announcement for each competitive examination, setting forth the minimum qualifications, the subjects of the examination and other information deemed necessary, and advertise such examination.........."
Civil Service Law §50.3 and §50.4 require that, "Candidates for competitive examinations must submit applications and demonstrate that they meet the announced requirements. The State Civil Service Department may refuse to examine or to certify an applicant who does not meet the minimum qualifications. There are several other grounds for disqualification, including falsification of an examination application. Disqualified applicants must
be provided a written explanation and afforded an opportunity to submit an opposing explanation. Additionally, they may appeal the disqualification to the Civil Service Commission"
Civil Service Law §52.1
"Positions in the competitive class above entry-level are generally filled by
promotion from among individuals holding competitive class lower grade positions
in direct line within the department in which the vacancy exists. The Department of
Civil Service may determine that it is impracticable or against the public interest to
limit eligibility to individuals holding lower grade direct line positions. Eligibility
for promotion may be extended to individuals in collateral lines or to comparable
positions in any other unit or units, and may include minimum training and
Civil Service Law § 51.1 "The State Civil Service Department may, on its own initiative or upon the request of
the appointing officer stating his/her reasons, determine to conduct an opencompetitive examination instead of a promotion examination."
Civil Service Law § 51.2 & § 51.3 prvide as follows, in pertinent part:
"If there is a promotion field, and an open-competitive and promotion
examination are not being held simultaneously, a notice of intention to conduct
an open-competitive examination must be posted for at least 15 days. During
this 15-day period, employees who believe that a promotion examination should
be held may submit specific reasons why they believe a promotion exam to be
practicable and in the public interest."
Non-Competitive Class Eligibility for Promotion
Civil Service Law § CSL § 52.11
"For certain designated titles, employees who hold or formerly held non-competitive
or labor class positions have the same opportunities to take promotion examinations
as employees in competitive class positions, as long as the promotion examination is
being held in conjunction with an open-competitive examination"
Civil Service Law § 55.b
"...individuals appointed to non-competitive class positions pursuant to
Section 55-b or 55-c have the same opportunities to take promotion exams as
employees in competitive class positions. No simultaneous open-competitive exam
need be held. The same opportunity may be extended by the Civil Service
Commission to Vietnam Era veteran."
Please click on the link below which will take you to the Civil Service Law:
Then go to pages 8 and 9 for "Eligibility Lists" and the duration of such Eligibility Lists.
Please be kind enough to press "Accept" so that I receive credit for assisting you.
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