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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11728
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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FDNY EMS has changed promotional opportunities for Lieutenant.Screenin

Customer Question

FDNY EMS has changed promotional opportunities for Lieutenant.

Screening for paramedic violates Civil Service Law, EMT and Paramedic used to be administratively equal, now you need to be a paramedic to advance to Lieutenant.

The department has promoted EMTs to Captain and Deputy Chief since changing the promotional requirements.

Paramedic is now promotional in nature and the screening process is not open for review or scrutiny, which does not follow the law.

The grading process is not explained.

There are no rights to challenge the questions

The list of “eligible” candidates are not published

NYS Civil Service Law requires that, 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
Submitted: 2 years ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 2 years ago.

 

Hi, and Welcome to JustAnswer. Thank you for your question.


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,

 

Customer: replied 2 years ago.
FDNY EMS used to promote EMTs to Lieutenant which is a civil service test, they recently changed the requirements to being promoted to Lt, which was on the notice of examination, EMTs are allowed to take the exam, but arent eligiable to get promoted to Lt, I believe all EMTs are being discriminated against. Also, to become a LT, you need to be a paramedic, and there is a screening test given to EMTs, this test, no one knows how it is graded, and you can not challenge questions
Expert:  Andrea, Esq. replied 2 years ago.

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' ?

 

Thank you,

Customer: replied 2 years ago.
I am currently an EMT, I am on the list to be promoted to Lieutenant ( supervisor ) but I will be denied promotion because I am not a paramedic, up until recently, EMTs were able to be promoted to lieutenant.


EMT Salary:

Base

Starting Salary

$31,931

After 1 Year

$33,740

After 2 Years

$34.341

After 3 Years

$39,764

After 5 Years

$45,834

Back to Top

Paramedic Salary Information*

Paramedic Salary:

Base

Starting Salary

$43,690

After 1 Year

$48,127

After 2 Years

$50,091

After 3 Years

$55,255

After 5 Years

$59.079


This link will take you to the job requirements

http://www.nyc.gov/html/dcas/downloads/pdf/noes/201202004000.pdf

Lieutenant min salary is 57.206, max 59.658 for EMT, paramedic stays the same
Customer: replied 2 years ago.
My question is, is it illegal for the FDNY to change the promotional requirements and not allow EMTs to become Lieutenants, and can we fight this.
Expert:  Andrea, Esq. replied 2 years ago.

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,

Customer: replied 2 years ago.
REQUIREMENTS TO BE APPOINTED:
Certificate Requirements: As stated in the “HOW TO QUALIFY” section above, you must possess a valid NYS
Department of Health EMT - Basic Certification or a valid NYS Department of Health EMT - Paramedic
Certification by the end of the application period. You must also possess a valid NYS Department of Health EMT
- Basic Certification or a valid NYS Department of Health EMT - Paramedic Certification at the time you are
appointed to this position and must maintain them for the duration of your employment.
Driver License Requirement: You must possess a motor vehicle driver license valid in the State of New York
at the time of appointment. If you have moving violations, license suspensions or an accident record, you may be
disqualified. This license must be maintained for the duration of employment.
Respirator Equipment Requirement: Because you must be able to wear a NIOSH-certified respirator, you are
not permitted to have facial hair that interferes with the sealing surface of the respirator and the face or interferes
with the valve function of the respirator.
Medical and Psychological Assessment: Medical and psychological guidelines have been established for the
position of Emergency Medical Specialist - EMT. You will be examined to determine whether you can perform
the essential functions of an Emergency Medical Specialist - EMT. Additionally, you will be expected to continue
to perform the essential functions of an Emergency Medical Specialist - EMT throughout your career, and may,
therefore, be medically and psychologically tested periodically throughout your career. Where appropriate, a
reasonable accommodation will be provided for a person with a disability to enable him or her to take these medical
and psychological examinations, and/or to perform the essential functions of the job.
Character and Background: In accordance with the provisions of the State Emergency Medical Services (EMS)
Code - Part 800, candidates for EMS certification or recertification must not have been convicted of certain
misdemeanors or felonies. The New York State Department of Health (DOH) will review all criminal convictions
from any federal, military or state jurisdiction to determine if such convictions fall within the scope of those
specified in Part 800, or represent a potential risk or danger to patients or the public at large. You must present the
NYS DOH clearance letter to be appointed. For more information, contact the DOH website at
www.health.state.ny.us/nysdoh/ems/main.htm or telephone (212) 417- 4455. In addition to this provision of the
State Emergency Medical Services Code, candidates for this position are advised that good character and
satisfactory background are absolute prerequisites to appointment.
Residency: City residency is not required for this position.
English Requirement: You must be able to understand and be understood in English.
Proof of Identity: Under the Immigration Reform and Control Act of 1986, you must be able to prove your
identity and your right to obtain employment in the United States prior to employment with the City of New York.
Drug Screening Requirement: You must pass a drug screening in order to be appointed. Random drug screening
may be conducted for the duration of your Emergency Medical Specialist - EMT career.
Qualifying Physical Test: Physical standards have been established for the position of Emergency Medical
Specialist - EMT. You will be required to pass a qualifying physical test, and may be required to undergo periodic
physical testing throughout your career.

The salary for EMT Lieutenant is the same for Paramedic Lieutenant for same number of years.
Expert:  Andrea, Esq. replied 2 years ago.

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,

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11728
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks, XXXXX XXXXX accept, but i also have some more questions.

Is the FDNY violating any Civil Service Laws ( EMT, Paramedic and Lieutenant are Civil Service Titles )

The exam for entrance to paramedic class, is held to be eligiable to become enter paramedic class, the scoring system used, the eligiable list isnt published and how they weigh the test isnt explained.

Does that violate civil service laws?

Does the FDNY have a right since EMT were hired under the the idea they can move up as a EMT to change the promotional requirments from one exam to another?
Expert:  Andrea, Esq. replied 2 years ago.

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,

Customer: replied 2 years ago.
I am not to familiar with NYS Civil Service Law, but..take all the time you need, I am trying to get to the bottom of this, FDNY and the City of New York always seem to get away with stuff like this.

.It seems to me that since EMT, Paramedic and lieutenant are Civil Service titles, and they arent allowing EMTs to be promoted to Lieutenant, but they are promoting current EMT Lieutenants to Captain, and Current EMT Captains to Deputy chief, something is wrong with that to me....

Currently EMTs in the FDNY have no opportunities to move up the ladder except to paramedic, which is very competitve to get in, and yet, they dont say how the test is graded, they dont publish the eleigiable list, they dont allow questions on the exam to be challenge.
Expert:  Andrea, Esq. replied 2 years ago.

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,

 

ANDREA

Expert:  Andrea, Esq. replied 2 years ago.

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:

 

http://www.nyc.gov/html/dcas/html/employment/monthlyexamschedule.shtml

 

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"

 

Promotion

 

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

experience requirements."

 

 

Open Competitive

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:

 

http://www.cs.ny.gov/pio/publications/summofcsl.pdf

 

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.

 

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,

 

 

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