55-A - Employment of persons with disabilities by municipalities.

§ 55-a. Employment of persons with disabilities by municipalities.  1.  Municipal civil service commissions in the state may, by rule, determine  a prescribed number of positions, not to exceed seven hundred positions,  with  duties  which  can be performed by physically or mentally disabled  persons who are found qualified, in the manner hereafter prescribed,  to  perform satisfactorily such duties.    2.  Upon  such  a determination, such positions shall be classified in  the non-competitive class, and shall be filled by persons who shall have  been certified by either the  commission  for  the  blind  and  visually  handicapped  in  the  state  department of social services as physically  disabled by blindness or by the state education department as  otherwise  physically  or mentally disabled and, in any event, qualified to perform  satisfactorily the duties of any such position. At least  three  hundred  of  such positions shall be filled by persons who have been certified as  physically disabled. If no qualified physically  disabled  persons  have  applied  for  such positions, the municipal civil service commission may  fill those unfilled positions with qualified mentally disabled persons.    3. Prior to making certification of physically  or  mentally  disabled  persons for any such position, the commission for the blind and visually  handicapped  in  the case of persons physically disabled by blindness or  the  state  education  department  in  the  case  of  persons  otherwise  physically  or  mentally  disabled  shall  obtain  from  the appropriate  municipal civil service commission a detailed description of all  duties  of  the  position, and shall investigate the extent of the disability by  examination of any such person or otherwise,  and  shall  determine  and  report  its  findings to the appropriate civil service commission, as to  the ability of the  disabled  person  to  perform  the  duties  of  such  position.  Such  findings  shall  be  given  due  consideration  by  the  municipal civil service commission.    4. Notwithstanding any other provision of law, a municipal  commission  may,  for titles designated by it, extend to employees in the service of  a civil division who are holding or who have  held  a  position  in  the  non-competitive  class  of  such  services pursuant to the provisions of  this section, the same opportunity as employees in the competitive class  to take promotion examinations.