22 | New Year 2022 | BAEC Bulletin Addressing Diversity Through Civil Service BY HON. KEVIN M. CARTER AND JENNIFER I. LOPEZ
The Eighth Judicial District recognizes that diversity and inclusion in the judiciary and non-judicial employment are vital for the court system to deliver equal justice under the law, and to fairly resolve all matters that come before its administrative offices. Accordingly, we want to highlight opportunity under our current administration and hope this article will illuminate ways you can become government employed. Below are pertinent Eighth Judicial District composition and employment statistics as of October 13, 2021: • 8 Counties • 11 Cities
Within a few months after the Pendleton Civil Service Reform Act was passed, New York State Assemblyman Theodore Roosevelt directed a similar bill through the New York State legislature and Governor Grover Cleveland signed the bill into law on May 4, 1883. x Consequently, a New York State Civil Service Commission was created; and new legislation was enacted that extended the concept of the merit system administration to municipal levels of government. xi Despite efforts at reform, from 1883 to 1889 the civil service system remained controversial as it ostensibly persisted based on patronage. xii The civil service system was more concretely transformed in 1894 at a New York State constitutional convention where Elihu Root and Joseph Choate – both lawyers and political figures – influenced the critical modification of the state Constitution. They added the following clause: “Appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive…” xiii The Civil Service Commission used this clause as a basis to create a competitive civil service testing program; and created a Municipal Services Division and Local Examinations Section to implement the process at a local level. xiv Despite civil service examinations’ aim to determine a candidate’s merit and fitness for a given position, the Eighth Judicial District acknowledges that there are proven inequalities in civil service tests. xv We also acknowledge that because of systemic inequalities, sometimes there is only an illusion of meritocracy: Tests that transform differences that are as likely to be a product of measurement error or flawed test design as they are a reflection of superior qualifications create nothing but the illusion of meritocracy. That illusion creates not only a false sense of individual entitlement to jobs and promotions, but also a real public danger in the context of positions such as fire and police officers. When the safety and lives of citizens are at stake, it is particularly critical for public employers to have the leeway to ensure that the tests they deploy accurately identify those candidates who are most qualified for these important jobs. xvi Nevertheless, today these exams are necessary to achieve certain government employment opportunities. We implore the public to transmute any perceivable barrier into a tool for success, to get informed, and act toward your future success as a government employee.
• 83 full-time state paid Judges • 833 filled employee positions • 154 vacant employee positions • 24 facilities • 192 Town and Village Justice Courts • 262 Town and Village Justices
Often, the methodology for obtaining state and local government appointments and promotions is through competitive civil service examinations. i Many entry-level government job opportunities in Erie County, for example, require little to no experience to qualify; and some do not require a civil service examination at all. ii Examples of currently available positions (qualifications vary) include Assistant Juvenile Justice Counselor, Youth Program Leader, Administrative Control Clerk, Environmental Services Office Clerk, Cashier, Corporate Coding Manager, Stenographer, Legal Secretary, Law Enforcement Communications Assistant and many more. iii Abridged History of the Civil Service Examination in New York State Although the history of civil service examinations spans millennia and civilizations across the world, iv in New York State, civil service examinations were concretely implemented after 1894. v Prior to introduction of the “merit system” by way of civil service examinations, the dominant method for selecting civil servants was through the spoils system, which granted individuals government posts based on political patronage. vi The spoils system reigned until 1881, when President James A. Garfield was assassinated by a “disgruntled office seeker.” vii This event created needed momentum to reform civil service appointments. viii In 1883, the Pendleton Civil Service Reform Act, which mandated that most federal government posts be awarded based on merit rather than patronage, was signed into law at the federal level. ix
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