§ 20 — Rules

New York § 20

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

Text

§ 20. Rules. 1. Scope of rules. Each municipal civil service\ncommission shall prescribe, amend and enforce suitable rules for\ncarrying into effect the provisions of this chapter and of section six\nof article five of the constitution of the state of New York, including\nrules for the jurisdictional classification of the offices and\nemployments in the classified service under its jurisdiction, for the\nposition classification of such offices and employments, for\nexaminations therefor and for appointments, promotions, transfers,\nresignations and reinstatements therein, all in accordance with the\nprovisions of this chapter. Nothing in this chapter or any other law\nshall be construed to require that positions in the competitive class be\nspecifically named or listed in such rules, or that the salary grade to\nwhich a position in any jurisdictional class is allocated be specified\nin such rules.\n 2. Procedure for adoption of rules. Such rules, and any modifications\nthereof, shall be adopted only after a public hearing, notice of which\nhas been published for not less than three days, setting forth either a\nsummary of the subject matter of the proposed rules or modifications or\na statement of the purpose thereof. Except for the city of New York,\nnotice shall be given to any person or agency filing written request,\nsuch request to be renewed yearly in December, for notice of hearings\nwhich may affect such person or agency. Such notification shall be made\nby mail to the last address specified by the person or agency at least\nthirty days prior to the public hearing. Unless otherwise provided by\nstatute, a fee consisting of the cost of handling and postage may be\ncharged for such notice. Notwithstanding the provisions of this\nsubdivision, however, notice and public hearing shall not be required\nupon the adoption or modification of a rule which is required by reason\nof a change in any statute in order to conform the rule to such statute.\nThe rules and any modifications thereof adopted by a county civil\nservice commission or county personnel officer or by a regional civil\nservice commission or regional personnel officer shall be valid and take\neffect only upon approval of the state civil service commission. The\nrules and any modifications thereof adopted by a city civil service\ncommission or city personnel officer shall be valid and take effect only\nupon approval of the mayor or a deputy mayor designated in writing by\nthe mayor, such designation to be filed in the offices of the state\ncivil service commission, and the municipal civil service commission, or\ncity manager or other authority, as the case may be, having the general\npower of appointment of city officers and employees, and the state civil\nservice commission; provided, however, that where the mayor, deputy\nmayor or city manager, or other authority, as the case may be, fails to\napprove or disapprove a rule or modification thereof within thirty days\nafter the same has been submitted to him, such rule or modification\nthereof shall be deemed to be approved by him. The rules and any\nmodifications thereof adopted by a suburban town civil service\ncommission in such a town described in subdivision four of section two\nof this chapter or personnel officer of such a suburban town shall be\nvalid and take effect only upon approval of the state civil service\ncommission. Notwithstanding any other provision of this chapter, when a\nresolution of a municipal commission submitted to the state commission\nfor approval includes a provision proposing the classification of a\nposition in the exempt class, the state commission, if it determines\nthat such position should properly be classified in the non-competitive\nclass, may amend such provision, with the consent of the municipal\ncommission, to classify such position in the non-competitive class and\napprove such resolution as so amended. Any such rule or modification\nthereof shall be filed with the secretary of state within thirty days\nafter final approval thereof by the state civil service commission. Such\nrules shall have the force and effect of law when filed with the\nsecretary of state.\n 3. State civil service commission to promulgate rules. Upon the\nestablishment of a municipal or regional civil service commission, or\nthe office of municipal or regional personnel officer, it shall be the\nduty of such commission or personnel officer, upon appointment, to adopt\nand procure the approval of the rules herein provided for, and, upon\nfailure to do so within sixty days after appointment, the state civil\nservice commission shall forthwith make such rules.\n