§ 100 — Certification of payrolls

New York § 100

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Certification of Payrolls; Court Actions
• Art. 7: Enforcement; Prohibitions; Penalties

Text

§ 100. Certification of payrolls. 1. Payroll certification required.\n(a) Except as otherwise provided in this section, no disbursing or\nauditing officer of the state or of any civil division thereof shall\napprove or pay or take any part in approving or paying any salary or\ncompensation for personal service to any person holding an office or\nposition in the classified service unless the voucher or payroll\ntherefor bears the certificate of the civil service department or\nmunicipal commission having jurisdiction that the persons named therein\nare employed in their respective positions in accordance with law and\nrules made pursuant to law. The certificate of municipal commissions\nshall also include a statement of membership in an appropriate\nretirement system where such membership is mandatory. Such certificate\nmay be executed for and on behalf of such department or commission, as\nthe case may be, by an officer or employee thereof duly designated in\nwriting for that purpose. Such certificate may, for cause, be withheld\nfrom an entire payroll or from any item or items therein. If the\ndepartment or municipal commission finds that any person has been\npromoted, transferred, assigned, reinstated or otherwise employed in\nviolation of this chapter or rules made pursuant thereto, it shall so\nnotify the appropriate disbursing and auditing officers who thereafter\nshall not pay or approve the payment of any salary or compensation to\nsuch person; and nothing contained in this section shall be construed to\nauthorize any officer to approve or pay salary or compensation to any\nperson contrary to such a notice. If, however, permission is granted by\nthe department to a state agency or state department to certify directly\nto the department of audit and control that the persons named in the\ncertification are employed in their respective positions in accordance\nwith law and rules made pursuant to law, the department need not certify\nany voucher or payroll but may at any time thereafter examine such\npayroll or voucher and revoke any previous certification not made in\naccordance with such law and rules. Revocation of any such certification\nshall, in any action against the appointing officer under section one\nhundred two of this chapter, be presumptive evidence that such\ncertification was improper in the respects not held to be proper by the\ndepartment.\n (b) The certificate of the civil service department or appropriate\nmunicipal commission shall not be required in advance of the audit and\npayment of salary or compensation to temporary laborers if the\nappointing officer certifies that the temporary laborers named in the\npayroll or account therefor have been appointed or employed in\naccordance with law and rules made pursuant thereto, but in such case\nsuch payroll or account shall be submitted within two calendar months\nafter certification by the appointing officer for further certification\nby the department or appropriate municipal commission that the\nappointing officer's certification was in whole or in part proper.\nRefusal of the department or municipal commission to certify, within\nthirty days of receipt of such payroll or account, that the\ncertification by the appointing officer was in all respects proper\nshall, in any action against such appointing officer under section one\nhundred two of this chapter, be presumptive evidence that such\ncertification was improper in the respects not certified as proper by\nthe department or municipal commission. The department may include\ntemporary laborers employed by a state agency or state department within\npermission granted pursuant to paragraph (a) of this subdivision for\ndirect certification to the department of audit and control, subject to\nthe terms for investigation and revocation of such certification\ncontained in such paragraph. The term "temporary laborers", as used\nherein, means persons in the labor class and skilled laborers in the\nnon-competitive class who are employed temporarily on work of repairs,\nmaintenance and construction, and who do not constitute part of the\nregular force of a department or institution.\n (c) Any person entitled to be certified as provided herein and refused\nsuch certificate, or from whom salary or compensation is otherwise\nunlawfully withheld, may maintain a proceeding under article\nseventy-eight of the civil practice law and rules to compel the issuance\nof such certificate or the payment of such salary, or both, as the case\nmay be.\n (d) Nothing contained in this section shall be construed to prevent\nthe award of a money remedy for the violation of a provision of a\ncollective bargaining agreement prohibiting the assignment of employees\nto duties substantially different from those appropriate to the title to\nwhich the employees are certified. This subdivision may be supplemented,\nmodified or replaced by provisions of collective bargaining agreements\nnegotiated between the state and an employee organization pursuant to\narticle fourteen of this chapter.\n (e) Nothing contained in this section shall be construed to prevent\nthe payment of a money remedy, which shall be for a period no longer\nthan forty-five days prior to the filing of a grievance, pursuant to\nexecutive order forty-two, dated October fourteenth, nineteen hundred\nseventy, and title nine, part five hundred sixty, official compilation\nof codes, rules and regulations of the state of New York in resolution\nof the assignment of employees to duties substantially different from\nthose appropriate to the title to which the employees are certified. The\nissuance of such a money remedy shall also contain a cease and desist\norder from continuation of the assignment of such substantially\ndifferent duties to the employee involved.\n (f) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, in cities with a population of one million or more, the\nmunicipal civil service commission may grant permission to a city agency\nor department to certify directly to the disbursing or auditing officer\nof such city that the persons named in the certification are employed in\ntheir respective positions in accordance with applicable law and rules.\nIn such cases, the municipal civil service commission need not certify\nany voucher or payroll but may at any time thereafter examine such\npayroll or voucher and revoke any previous certification not made in\naccordance with such law and rules. Revocation of such certification\nshall, in any action against the appointing officer pursuant to section\none hundred two of this title, be presumptive evidence that such\ncertification was improper in the respects not held to be proper by the\nmunicipal civil service commission.\n 2. Extended certifications. (a) The state civil service commission or\nany municipal commission may, by rule, provide that certification of\npayrolls of employees of any agency, authority or civil division under\nits jurisdiction may be made annually or semi-annually as of the date or\ndates specified in such rules provided, however, that on and after July\nfirst, nineteen hundred sixty-one, each such commission shall be deemed\nto have adopted a rule providing for annual certification as of the\nfirst full payroll period of the fiscal year of such agency, authority\nor civil division, except for such periods after such date during which\na rule or requirement of such commission shall be operative which\nprovides for other certifications, or dates therefor, consistent with\nthe provisions of this section. Any such certification shall remain in\neffect until the next certification required by such rules, except as to\nofficers or employees appointed or reinstated after such certification\nwas made, or officers or employees whose status or salary or\ncompensation is changed after the last certification of a payroll\ncontaining their names. In such cases the names of such officers and\nemployees shall be submitted for certification on the first payroll on\nwhich they appear under such appointment, reinstatement, or other new\nstatus or salary or compensation; provided, however, that in the case of\nschool districts other than city school districts, pending such\ncertification by the department or commission as to persons not so\npreviously certified, audit and payment of salary or compensation may be\nmade for a period not exceeding two calendar months after the\nappointment, reinstatement or other change of status or salary or\ncompensation of such persons if notice thereof in writing is forwarded\nto the civil service department within fifteen calendar days after such\nappointment, reinstatement or other change of status or salary or\ncompensation occurs.\n (b) In lieu of the procedure authorized by paragraph (a) of this\nsubdivision the civil service department, with respect to the officers\nand employees of any department or agency of the state or any public\nauthority, may issue certificates hereunder on an extended basis without\ntime limitation or, in the case of employments subject to a time\nlimitation, for such limited period as may be applicable. No further\ncertification shall be necessary for the payment of compensation to any\nsuch person so long as his status remains unchanged and during the\nstated limited period, if any, of his employment. The civil service\ndepartment, however, may at any time examine the payroll of such\ndepartment, agency or authority for any pay period, and shall examine\nsuch a payroll at least once each year to determine that all persons\nemployed in such department, agency or authority are employed in\naccordance with law and rules.\n (c) Notwithstanding the provisions of this subdivision or of any rules\nadopted hereunder, the civil service department or a municipal\ncommission may, at any time, require any such agency, authority or civil\ndivision under its jurisdiction to submit payrolls or accounts for\ncertification in accordance with the provisions of subdivision one of\nthis section.\n 3. Certifications for certain positions in state service.\nNotwithstanding the provisions of this section, the civil service\ndepartment, in any certificate issued pursuant to this section with\nrespect to the employment of a person in a position classified pursuant\nto article eight of this chapter, shall not be required or deemed to\nattest that the salary or rate of compensation indicated for such person\nis that to which he is eligible or entitled pursuant to law. When an\nextended certification has been made with respect to the employment of a\nperson in such a position, a new certification shall not be required\nsolely because of a change in the salary or rate of compensation of such\nperson.\n 4. Waiver of certification requirement for certain special or\nemergency employments. The president of the state civil service\ncommission may except from the application of this section persons\nemployed by a state agency or public authority for a period not\nexceeding ten days to render special or emergency service not\ncustomarily performed by the regular employees of such agency or public\nauthority.\n 5. Limitation upon the certification of payrolls. Solely for the\npurposes of this section and in the absence of fraud, an employee having\ncompleted the applicable probationary period and holding a position in\nthe classified service of a civil service division by appointment or\npromotion for at least three years shall be presumed to have been duly\nappointed or promoted. After such time, neither the state civil service\ncommission nor a municipal commission shall withhold certification of\nsuch employee on a payroll or voucher by reason of a violation of this\nchapter or rules made pursuant thereto. The provisions of this\nsubdivision shall not apply in cities with a population of one million\nor more.\n