Substitute Senate Bill No. 73
Substitute Senate Bill No. 73
PUBLIC ACT NO. 98-205
AN ACT CONCERNING STATE EMPLOYMENT OPPORTUNITIES
FOR PERSONS WITH DISABILITIES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 4-61t of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall be established a Committee on
Career ENTRY AND Mobility, appointed by the
Commissioner of Administrative Services and
chaired by the Commissioner of Administrative
Services or his designee, which shall include a
representative of the Office of Policy and
Management, a representative of the Department of
Administrative Services who is involved in
classification activity, a representative of the
Commission on Human Rights and Opportunities, a
representative of the Permanent Commission on the
Status of Women, A REPRESENTATIVE OF THE OFFICE OF
PROTECTION AND ADVOCACY FOR PERSONS WITH
DISABILITIES and ten additional persons, two of
whom shall be state agency personnel
administrators, four of whom shall be labor
representatives and four of whom shall be employed
in state service and familiar with the problems of
career mobility, [and] affirmative action, [and]
the implementation of corrective programs, AND THE
ACCOMMODATION AND ENTRY LEVEL NEEDS OF PERSONS
WITH DISABILITIES. The committee shall determine
how career counseling can be best provided and
training opportunities best met and made available
within the funds allotted. The committee shall
also develop mechanisms to communicate information
about state employment opportunities to state
employees AND PERSONS WITH DISABILITIES WHO WISH
TO BECOME STATE EMPLOYEES. The committee shall
advise the Commissioner of Administrative Services
concerning broader usage of classification titles
affecting upward mobility, THE ENTRY LEVEL
EMPLOYMENT OF PERSONS WITH DISABILITIES and an
effective procedure for reporting compliance to
the legislature. The committee shall prepare
written guidelines for implementation of the
career mobility program described in [sections]
SUBSECTION (a) OF SECTION 4-61u, AS AMENDED BY
SECTION 2 OF THIS ACT, [and] SECTION 4-61w and
this section AND THE ENTRY LEVEL EMPLOYMENT
PROGRAM FOR PERSONS WITH DISABILITIES DESCRIBED IN
SUBSECTION (b) OF SECTION 4-61u, AS AMENDED, AND
THIS SECTION. The committee shall meet at least
once each quarter and shall submit periodic
reports to the Commissioner of Administrative
Services.
Sec. 2. Section 4-61u of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Under the supervision of the Commissioner
of Administrative Services, all departments and
agencies of state government shall establish an
effective program of career mobility as part of
their affirmative action program, as required by
section 46a-68, for occupational groups, which
shall include, but not be limited to, secretarial,
clerical, supervisory clerical, semiskilled,
crafts and trades, supervisory crafts and trades,
custodial, supervisory custodial and laborers. All
departments and agencies of state government shall
provide, or make provision for, career counseling
for such occupational groups. All departments and
agencies shall make available to state employees a
range of training opportunities. In geographically
remote areas, as defined by the [committee]
COMMITTEE ON CAREER ENTRY AND MOBILITY, where
programs are not generally available, departments
and agencies shall enter into cooperative
arrangements or take other appropriate actions to
assure that training opportunities are provided to
employees in those areas. All departments and
agencies shall, consistent with the requirements
of the State Personnel Act, initiate
classification requests that would result in the
development of career ladders and lattices
providing career mobility within and between
occupational groupings, and from subprofessional
jobs to professional and managerial jobs. All
departments and agencies of state government shall
establish as part of their affirmative action
plans, specific annual goals and timetables on the
number of classes in entry level professional,
managerial and administrative positions, which
shall include, but are not limited to, law
enforcement, field representation, administrative
staff, professional, subprofessional or technical
jobs that are to be filled through career
mobility.
(b) UNDER THE SUPERVISION OF THE COMMISSIONER
OF ADMINISTRATIVE SERVICES, EACH DEPARTMENT AND
AGENCY OF STATE GOVERNMENT SHALL ESTABLISH AN
EFFECTIVE PROGRAM OF ACCOMMODATION AND ENTRY LEVEL
TRAINING OF PERSONS WITH DISABILITIES. SUCH
PROGRAMS SHALL BE PART OF DEPARTMENT AND AGENCY
AFFIRMATIVE ACTION PROGRAMS REQUIRED BY SECTION
46a-68. ALL DEPARTMENTS AND AGENCIES SHALL MAKE A
RANGE OF TRAINING OPPORTUNITIES AVAILABLE TO SUCH
PERSONS. IN GEOGRAPHICALLY REMOTE AREAS, AS
DEFINED BY THE COMMITTEE ON CAREER ENTRY AND
MOBILITY, WHERE PROGRAMS ARE NOT GENERALLY
AVAILABLE, DEPARTMENTS AND AGENCIES SHALL ENTER
INTO COOPERATIVE ARRANGEMENTS OR TAKE OTHER
APPROPRIATE ACTIONS TO ASSURE THAT TRAINING
OPPORTUNITIES ARE PROVIDED TO SUCH PERSONS IN
THOSE AREAS. ALL DEPARTMENTS AND AGENCIES OF STATE
GOVERNMENT SHALL ESTABLISH, AS PART OF THEIR
AFFIRMATIVE ACTION PLANS, SPECIFIC ANNUAL GOALS
AND TIMETABLES ON (1) THE NUMBER OF JOBS THAT ARE
TO BE FILLED THROUGH THE ACCOMMODATION OF PERSONS
WITH DISABILITIES AND (2) ENTRY LEVEL TRAINING FOR
SUCH PERSONS.
Sec. 3. Section 5-219 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Examinations shall be in such form and of
such character and shall relate to such matters as
will fairly test and determine the qualifications,
fitness and ability of the persons tested to
perform the duties of the class or position to
which they seek appointment. Examinations shall be
formulated in cooperation with agencies appointing
specific classes of employees and shall be
competitive, free and, except as otherwise
expressly provided by statute, open to all persons
who may be lawfully appointed to any position in
the class for which examinations are held, with
such limitations as to age, residence, health,
habits, character, sex and qualifications as are
considered desirable by the Commissioner of
Administrative Services and as are specified in
the public announcement of the examination,
provided no such limitation shall be made as to
age or sex except in the case of a bona fide
occupational qualification or need. Formal
education requirements may be considered as a
condition for the taking of such examinations.
Possession of a professional license or degree, or
satisfactory completion of an accreditation,
certificate or licensure program may serve as the
sole basis for appointment, provided such
credentials are a mandatory requirement for
employment in a position. Examinations may take
the form of written or oral tests, demonstration
of skill or physical ability, experience and
training evaluation, or in the case of promotional
examinations, evaluation of prior performance, or
any other assessment device or technique deemed
appropriate to measure the knowledge, skills or
abilities required to successfully perform the
duties of the job. All persons competing for
placement on any one candidate list shall be
administered the same or equivalent forms of the
same examination or examination phases, except as
necessary to comply with the federal Americans
with Disabilities Act AND SECTION 4-61nn, and be
required to achieve passing scores on each
successive phase and for the examination as a
whole in order to remain in competition. The
provisions of this section shall be the sole
determinant for qualification and no other
examination shall be permitted by any agency head
to further qualify persons seeking appointment
except as authorized by the commissioner.
Sec. 4. (NEW) (a) There is established a
committee to encourage the employment by the state
of persons with disabilities. The Commissioner of
Administrative Services shall appoint the members
of the committee, which shall be chaired by such
commissioner, or his designee, and include one
representative of each of the following:
(1) The Board of Education and Services to
the Blind;
(2) The Commission on the Deaf and Hearing
Impaired;
(3) The Bureau of Rehabilitative Services;
(4) The Office of Protection and Advocacy for
Persons with Disabilities;
(5) The Department of Mental Health and
Addiction Services;
(6) The Department of Mental Retardation; and
(7) The Labor Department.
(b) The committee shall:
(1) Advise, and develop written guidelines
for, the Commissioner of Administrative Services
and the executive heads of other state agencies
regarding the adaptation of employment
examinations and alternative hiring processes for,
and the reasonable accommodation of, persons with
disabilities; and
(2) Review the program established under
subsection (b) of section 4-61u of the general
statutes, as amended by section 2 of this act, and
compliance with the provisions of section 46a-70
of the general statutes concerning persons with
physical disabilities.
Approved June 8, 1998