§ 118 — Powers and duties of the director of classification and compensation

New York § 118

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Classification and Allocation of Positions
• Art. 8: Classification and Compensation of State Employees

Text

§ 118. Powers and duties of the director of classification and\ncompensation. 1. General powers and duties. (a) The director of the\nclassification and compensation division shall be charged generally with\nthe duty and shall have the power\n (1) to classify and reclassify all positions in the classified civil\nservice of the state;\n (2) to allocate and reallocate to an appropriate salary grade\nspecified in section one hundred thirty of this article all positions in\nthe competitive and non-competitive classes of the classified civil\nservice of the state, except temporary, part-time or seasonal positions,\nand positions the salaries of which are otherwise specifically set forth\nin a statute.\n (b) The director may allocate and reallocate to an appropriate salary\ngrade specified in section one hundred thirty of this article,\npart-time, temporary and seasonal positions and positions in the labor\nclass.\n (c) The principle of fair and equal pay for similar work or\nsubstantially similar work, when viewed as a composite of skill, effort,\nand responsibility, and performed under similar working conditions, and\nwithout discrimination based on status within a protected class, shall\nbe followed in the classification and reclassification and the\nallocation and reallocation of positions pursuant to this article and\nall positions having the same title shall be allocated to the same\nsalary grade. For the purposes of this section, the term "protected\nclass" includes age, race, creed, color, national origin, sexual\norientation, gender identity or expression, military status, sex,\ndisability, predisposing genetic characteristics, familial status,\nmarital status, or domestic violence victim status, and any employee\nprotected from discrimination pursuant to paragraphs (a), (b) and (c) of\nsubdivision one of section two hundred ninety-six of the executive law,\nand any intern protected from discrimination pursuant to section two\nhundred ninety-six-c of the executive law.\n 2. Specific powers and duties. In addition to those elsewhere\nprescribed, the director shall have the following powers and duties:\n (a) To ascertain and record the duties and responsibilities of all\npositions in the classified civil service of the state, establish\nadequate specifications showing the qualifications for and the nature\nand extent and scope of the duties and responsibilities of such\npositions, and assign uniform titles to positions that are so\nsubstantially similar in the essential character and scope of their\nduties and responsibilities and in the qualification requirements\nthereof that the same descriptive title may be used to designate them;\nthat the same qualifications for appointment thereto may be reasonably\nrequired; that the same tests of fitness may be established, and that\nthe same rate of compensation may be reasonably applied.\n (b) To investigate all matters affecting the classification and\ncompensation of positions, to hear and determine all complaints and\ngrievances with respect to the classification and compensation of\npositions, and from time to time review the duties, responsibilities,\nqualification requirements and compensation of positions and to make\nsuch revisions in the classification or compensation of positions as\nchanges in the state service may require.\n (c) To ensure that no employee with status within one or more\nprotected class or classes shall be paid a wage at a rate less than the\nrate at which an employee without status within the same protected class\nor classes in the same title and same establishment is paid for similar\nwork or substantially similar work. For the purposes of this paragraph,\nemployees shall be deemed to work in the same establishment if the\nemployees work for the same employer at workplaces located in the same\ngeographical region, no larger than a county, taking into account\npopulation distribution, economic activity, and/or the presence of\nmunicipalities.\n 3. Departmental cooperation. The director, and the state civil service\ncommission may request from any state department or agency such\nassistance as either may require, and each such department or agency\nshall make available, upon such request, any of its personnel and\nfacilities.\n