§ 15 — Optional forms of local civil service administration

New York § 15

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Organization and Functions of Municipal Civil Service Commissions
• Art. 2: Civil Service Administration

Text

§ 15. Optional forms of local civil service administration. 1.\nOptional forms of administration. There shall be the following forms of\nlocal civil service administration for the purpose of administering the\nprovisions of this chapter in counties, including civil divisions\ntherein, in certain suburban towns, and in cities in the state:\n (a) Municipal civil service commissions. A municipal civil service\ncommission shall consist of three persons, not more than two of whom\nshall at any time be adherents of the same political party. The members\nof a county civil service commission shall be appointed by the board of\nsupervisors, except that in a county having a county executive the\nmembers of the commission shall be appointed by the county executive\nwith the advice and consent of the board of supervisors. The members of\na suburban town civil service commission in such a town described in\nsubdivision four of section two of this chapter shall be appointed by\nthe town board of such town. The members of a city civil service\ncommission shall be appointed by the mayor, city manager, or other\nauthority, as the case may be, having the general power of appointment\nof city officers and employees. Of the members first appointed upon the\nestablishment or re-establishment of a municipal civil service\ncommission, the term of one shall expire on May thirty-first of the\nfirst even-numbered year following the date of appointment; the term of\none shall expire on May thirty-first of the second even-numbered year\nfollowing the date of appointment; and the term of one shall expire on\nMay thirty-first of the third even-numbered year following the date of\nappointment. Upon the expiration of each of such terms, the term of\noffice of each commissioner thereafter appointed shall be six years from\nthe first day of June in the year in which the term of his predecessor\nexpired. If the office of any such commissioner shall become vacant by\ndeath, resignation or otherwise, his successor shall be appointed as\nherein provided for the unexpired term.\n (b) Personnel officers. The personnel officer of a county shall be\nappointed by the board of supervisors or, in a county having a county\nexecutive, by the county executive with the advice and consent of the\nboard of supervisors. The personnel officer of a suburban town described\nin subdivision four of section two of this chapter shall be appointed by\nthe town board of such town. The personnel officer of a city shall be\nappointed by the mayor, city manager, or other authority, as the case\nmay be, having the general power of appointment of city officers and\nemployees. The term of office of a personnel officer shall be six years.\nA personnel officer shall have all the powers and duties of a municipal\ncivil service commission.\n (d) Administration by regional civil service commission or regional\npersonnel officer. Any two or more adjoining counties, or any two or\nmore cities in the same or adjoining counties, or any combination of\nsuch counties and cities, by written agreement duly approved by the\ngoverning board or body of each county or city participating, may\nestablish a regional civil service commission or the office of regional\npersonnel officer. (1) The agreement to establish such a commission\nshall provide for the manner of selection, appointment and removal of\nthree regional civil service commissioners; provided, however, that no\nmember of such regional commission shall be removed except for cause and\nafter a public hearing. Not more than two members of such regional\ncommission shall at the same time be adherents of the same political\nparty. Of the commissioners first appointed, the term of one shall\nexpire on May thirty-first of the first even-numbered year following the\ndate of appointment; the term of one shall expire on May thirty-first of\nthe second even-numbered year following the date of appointment; and the\nterm of one shall expire on May thirty-first of the third even-numbered\nyear following the date of appointment. Upon the expiration of each of\nsuch terms, the term of office of the commissioner thereafter appointed\nshall be six years from the first day of June in the year in which the\nterm of his predecessor expired. If the office of any such commissioner\nshall become vacant by death, resignation, or otherwise, his successor\nshall be appointed for the unexpired term in the manner provided in such\nagreement. (2) The agreement to establish the office of regional\npersonnel officer shall provide for the manner of selection, appointment\nand removal of a regional personnel officer; provided, however, that the\nterm of office of such personnel officer shall be six years, and\nprovided further that no regional personnel officer shall be removed\nexcept for cause and after a public hearing. (3) Such agreement shall\nprovide for the location of the principal office of the regional civil\nservice commission or regional personnel officer, the employment and\nstatus of personnel, the audit and payment of salaries and expenses, the\napportionment of costs among participating counties and cities, and such\nother matters as may be necessary or appropriate. (4) A regional civil\nservice commisison or regional personnel officer shall have all the\npowers and duties of a municipal civil service commission, and shall\nadminister the provisions of this chapter in the cities and counties,\nincluding civil divisions therein, which join in the establishment of\nthe regional civil service agency. (5) Upon the establishment of a\nregional civil service commission or the office of regional personnel\nofficer, the municipal civil service commission or office of personnel\nofficer, as the case may be, in each of the counties and cities\nparticipating shall cease to exist, and all the rights, duties,\nobligations and functions thereof shall be transferred to and imposed\nupon such regional civil service commission or regional personnel\nofficer. (6) The written agreement establishing a regional civil service\ncommission or the office of regional personnel officer may be amended\nfrom time to time as necessary and for the purpose of admitting\nadditional cities or counties, upon approval of the governing board or\nbody of each of the cities and counties participating in such agreement.\n 2. Appointment by state commission. If, for any reason, the members of\na municipal or regional civil service commission or a city, suburban\ntown, county or regional personnel officer are not appointed within\nsixty days after the establishment of a municipal or regional civil\nservice commission or office of city, suburban town, county or regional\npersonnel officer, the state civil service commission shall make such\nappointments for the respective terms provided for herein and until the\nsuccessors of such appointees are appointed and qualify. If, for any\nreason, the duly authorized appointing authority of a municipal or\nregional civil service commission or a city, suburban town, county or\nregional personnel officer within sixty days after it has the power to\nappoint fails to appoint a municipal or regional civil service\ncommissioner or a city, suburban town, county or regional personnel\nofficer, the state civil service commission may appoint to such offices\nfor the respective terms provided for herein, and until the successors\nare appointed and qualify.\n 3. Continuation of present forms of administration. The forms of civil\nservice administration in effect and operation in the several cities and\ncounties in this state on the effective date of this act are hereby\ncontinued.\n 4. Form of administration in a city wholly including within its limits\ntwo or more counties. The provisions of this chapter shall be\nadministered in a city wholly including within its limits two or more\ncounties under the form of administration prescribed in the charter of\nsuch city.\n 5. Form of administration in any county wholly included within a city.\nThe provisions of this chapter shall be administered in and for all\ncounty offices and agencies in each county in the state wholly included\nwithin a city by and under the municipal civil service commission and\ndepartment of personnel of such city, except such offices and agencies\nas are subject to the supervision of the administrative board of the\njudicial conference.\n