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LWV League of Women Voters of New York State Education Foundation, Inc.
Smart Voter
State of New York November 4, 2008 Election
Proposition 1
Proposal Number One, An Amendment
State of New York

Amendment to Article 5, Section 6 of the Constitution, in relation to additional civil service credit for members of the armed forces of the United States

See Also: Index of all Propositions

Information shown below: Official Information | Impartial Analysis |

The proposed amendment would eliminate the requirement that veterans who were disabled in the actual performance of duty in any war be receiving disability payments from the United State Veterans Administration in order to qualify for additional points on a civil service examination for appointment or promotion. Under the proposed amendment, the disability must only be certified to exist by the United States Department of Veterans Affairs. The proposed amendment would also update the reference to the "United States Veterans Administration" to instead refer to the "United States Department of Veterans Affairs" to reflect current federal government structure. Shall the proposed amendment be approved?

Official Sources of Information

Impartial Analysis from League of Women Voters of New York State
Applicants for many jobs in New York state and local government are required to take a civil service examination, and applicants are appointed or promoted to these positions based on their scores on the examination. Disabled veterans who were disabled in the actual performance of duty in any war also receive a defined amount of extra points on these examinations to increase their scores, giving them preferential status on the lists of those who qualify.

The purpose of the proposal is to eliminate the requirement that disabled veterans be receiving disability payments from the federal government in order to qualify for additional credit on civil service examinations.

The State Constitution currently requires two things for the disabled veteran to qualify for the additional points: 1) the veteran must be receiving disability payments from the United States Veterans Administration; and 2) the United States Veteran Administration must certify that the veteran's disability exists at the time that the veteran applies for appointment or promotion.

The proposed amendment would eliminate the first requirement - that a veteran who was disabled in the actual performance of duty in any war be receiving disability payments from the federal veterans department in order to qualify for additional points on a civil service examination. Instead, the proposed amendment would only require that the United States Department of Veterans Affairs certify that the veteran's disability exists at the time that the veteran applies for appointment or promotion.

The proposed amendment would also change the reference to the "United States Veterans Administration" currently in this section to the "United States Department of Veterans Affairs" to reflect the Veterans Administration's re-designation as the Department of Veterans Affairs under Federal Law.

Discussion: Applicants for many jobs in New York state and local government are required to take a civil service examination, and applicants are appointed or promoted to these positions based on their scores on the examination. Disabled veterans who were disabled in the actual performance of duty in any war also receive a defined amount of extra points on these examinations to increase their scores, giving them preferential status on the lists of those who qualify.

The purpose of the proposal is to eliminate the requirement that disabled veterans be receiving disability payments from the federal government in order to qualify for additional credit on civil service examinations.

The State Constitution currently requires two things for the disabled veteran to qualify for the additional points: 1) the veteran must be receiving disability payments from the United States Veterans Administration; and 2) the United States Veteran Administration must certify that the veteran's disability exists at the time that the veteran applies for appointment or promotion.

The proposed amendment would eliminate the first requirement - that a veteran who was disabled in the actual performance of duty in any war be receiving disability payments from the federal veterans department in order to qualify for additional points on a civil service examination. Instead, the proposed amendment would only require that the United States Department of Veterans Affairs certify that the veteran's disability exists at the time that the veteran applies for appointment or promotion.

The proposed amendment would also change the reference to the "United States Veterans Administration" currently in this section to the "United States Department of Veterans Affairs" to reflect the Veterans Administration's re-designation as the Department of Veterans Affairs under Federal Law.

Pro: There is a long history (indeed, since the Civil War) of veterans, particularly disabled veterans, being afforded preferential treatment in qualifying for and being retrained for positions in the civilian world. Preferential treatment is a recognition of veterans' sacrifice and service to our country, and also serves to make military service more attractive. Voting against this amendment will continue the status quo, which makes it harder for disabled veterans to qualify for additional points on civil service examinations. This in turn makes it harder for them to be appointed or promoted to positions in the civil service.

Con: The League can identify no arguments against this proposal.

 
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