N.Y.C. Admin. Code § L.L. 1998/023: L.L. 1998/023

Enactment date: 6/10/1998

Int. No. 160-A

By the Speaker (Council Member Vallone), and Council Members Cruz, Rivera, Freed, Leffler, Eldridge, Clarke, Dear, Malave-Dilan, Eisland, Foster, Harrison, Koslowitz, Linares, McCaffrey, Michels, O'Donovan, Robinson, Robles, Sabini, Warden, Weiner, Wooten, Abel, Eristoff, Ognibene, Stabile, Boyland, DiBrienza, Duane, Espada, Henry, Lopez, Marshall, Perkins, Provenzano, Reed, Rodriguez, Watkins, Fiala, Fusco; also Council Members Carrion, Fisher, Lasher, Miller and White

A Local Law to amend the administrative code of the city of New York, in relation to eligibility of certain persons for appointment as police officers notwithstanding existing maximum age requirements.

Be it enacted by the Council as follows:

Section one. Declaration of legislative findings and intent. The Council of the City of New York intends to rectify an inequity caused by the lapse of an exemption for states and municipalities from the federal Age Discrimination in Employment Act ("ADEA") which would have allowed the City of New York to set and maintain age requirements for police officers and firefighters.

Although the Council finds that age restrictions on the hiring of police officers and firefighters are necessary and in furtherance of public safety, the Council also recognizes that police officer candidates who were scheduled to enter the April 15, 1997 class at the Police Academy may not have received timely notification of the reinstatement of the ADEA exemption for states and municipalities. Accordingly, the Council acts herein solely to rectify the resulting inequity. With the federal exemption reinstated and the New York State Civil Service Commissions determination as to its retroactive applicability, however, the Council intends that the age restriction apply to all other candidates not covered by the specific provisions of this legislation. It further, finds that such age restriction is necessary to secure the public safety of the City of New York.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately.