§ 16 — Change of form of administration

New York § 16

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

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§ 16. Change of form of administration. 1. Election to change form of\nadministration. (a) Counties. The board of supervisors of any county,\nother than a county wholly included within a city, may at any time and\nfrom time to time, authorize the withdrawal of the county from its then\nexisting form of administration and elect that the provisions of this\nchapter be administered in such county under one of the other forms of\nadministration authorized by section fifteen of this chapter.\n (b) Cities; certain suburban towns. The common council or other\nlegislative body of a city, other than a city containing more than one\ncounty, or the town board of a suburban town described in subdivision\nfour of section two of this chapter, may, at any time and from time to\ntime, authorize the withdrawal of the city or the said suburban town, as\nthe case may be from its then existing form of administration and elect\nthat the provisions of this chapter be administered in such city or said\nsuburban town under one of the other forms of administration authorized\nby section fifteen of this chapter, or under the jurisdiction of the\ncivil service commission or personnel officer of the county in which\nsuch city or said suburban town is located. Such election may be made by\na suburban town by adopting a local law establishing a department of\ncivil service. This section shall apply to local laws of suburban towns\nestablishing a department of civil service adopted prior to January 1,\n1970, provided, however, such local laws did not become effective prior\nto January 1, 1970.\n (c) Cities and counties under the jurisdiction of a regional civil\nservice commission or regional personnel officer. The cities and\ncounties under the jurisdiction of a regional civil service commission\nmay, at any time and from time to time, elect, by written agreement duly\napproved by the respective governing board or body of each such city and\ncounty, to adopt a regional personnel officer form of administration.\nThe cities and counties under the jurisdiction of a regional personnel\nofficer may, in like manner, elect to adopt a regional civil service\ncommission form of administration.\n 2. Effective date of election. (a) Except as herein otherwise\nprovided, the effective date of any change of form of administration\nauthorized pursuant to the provisions of this section shall be fixed by\nthe governing board or body of a city or suburban town described in\nsubdivision four of section two of this chapter, or county, as the case\nmay be, or in the agreement for the establishment of a regional civil\nservice commission or the office of regional personnel officer, but\nshall not be less than one year from the time of such election or less\nthan two years from the effective date of the last preceding change of\nform of administration, whichever is the longer period. Any such\nelection for a change of form of civil service administration may be\nrevoked at any time within six months after the date of such election.\nThe effective date of such change may be postponed once at any time\nwithin six months after the date on which such election is made;\nprovided, however, that where the effective date of such change is\npostponed, the new effective date of such change shall be one year from\nthe date on which such postponement is authorized, but not earlier than\ntwo years from the effective date of the last preceding change of form\nof administration.\n (b) In the case of a city the charter of which becomes operative on or\nafter the effective date of this act, unless otherwise provided in such\ncharter the common council or other legislative body thereof may elect\nto adopt one of the optional forms of civil service administration\nprovided in section fifteen of this chapter within sixty days after the\neffective date of its charter and such election shall become effective\nimmediately.\n (c) If, after a city or suburban town described in subdivision four of\nsection two of this chapter has elected that the provisions of this\nchapter shall be administered in such city or such suburban town under\nthe jurisdiction of the civil service commission or personnel officer of\nthe county, such county elects to change its form of civil service\nadministration, such city or such suburban town may, within six months\nafter such election by the county, elect to adopt one of the other forms\nof civil service administration provided in section fifteen of this\nchapter, which shall become effective on the date on which the change of\nform of administration of such county becomes effective.\n (d) Where a city or county under the jurisdiction of a regional civil\nservice commission or regional personnel officer elects to withdraw\ntherefrom and adopt one of the other optional forms of civil service\nadministration provided in section fifteen of this chapter, the\nremaining cities or counties under the jurisdiction of such regional\ncommission or regional personnel officer, if there be at least two, may,\nwithin six months after such election, by a new written agreement or\nmodification of the original agreement duly approved by the governing\nboard or body of each such city and county, continue such regional civil\nservice commission or the office of regional personnel officer. In the\nevent such regional civil service commission or the office of personnel\nofficer is not so continued, it shall be dissolved on the effective date\nof the withdrawal of a city or county therefrom, and the counties and\ncities participating therein may, prior to such dissolution, elect to\nadopt one of the other forms of civil service administration provided in\nsection fifteen of this chapter, which shall become effective upon the\ndissolution of such regional civil service commission or office of\nregional personnel officer. Upon the dissolution of a regional civil\nservice commission or the office of regional personnel officer, the\nprovisions of this chapter shall be administered in any city or county\nparticipating therein which has not so elected to adopt one of the other\nforms of civil service administration provided in section fifteen, under\nthe form of civil service administration in effect in such city or\ncounty immediately preceding its election to come under the jurisdiction\nof such regional civil service commission or regional personnel officer.\n (e). A suburban town as described in subdivision four of section two\nof this chapter, electing to initiate its own civil service\nadministration for the first time may appoint its administration\nimmediately upon making an election pursuant to section sixteen (b) and\nsuch administration shall assume jurisdiction upon the transfer of\neligible lists, records, documents and files to it which transfer shall\nbe completed within six months of the appointment of the administration\nhereunder.\n 3. Notice and public hearing. A public hearing shall be held after\nreasonable notice, before any action may be taken by the governing board\nor body of a city or suburban town, as specified above or county to\nelect a change of form of civil service administration for such city or\nsuburban town, as specified above or county, as the case may be, or to\nrevoke such election or postpone the effective date of such election.\n