§ 23 — Services by state department of civil service; certification of state and municipal eligible lists

§ 23. Services by state department of civil service; certification of\nstate and municipal eligible lists. 1. Classification services. The\nstate civil service department shall, without charge, upon the request\nof any municipal commission, render service or technical advice and\nassistance relative to the position classification and pay equity\ncompensation assessment of offices and employments under the\njurisdiction of such municipal commission; provided, however, that\nwhere, in the judgment of the president, the services requested would\ninvolve considerable expense to the state, the state civil service\ndepartment may render such services pursuant to an agreement for payment\nto the state of such compensation for such services as may be agreed\nupon. All money received for such services shall be paid into the state\ntreasury in the manner provided by law.\n 2. Examination services. The state civil service department, upon the\nrequest of any such municipal commission, shall render service relative\nto the announcement, review of applications, preparations, construction,\nand rating of examinations, and establishment and certification of\neligible lists for positions in the classified service under the\njurisdiction of such municipal commission. The department may charge a\nreasonable fee as a condition of rendering any such services. Only the\nstate civil service department and commission shall have jurisdiction to\ncorrect any errors in rating in any examination prepared and rated by\nsuch department pursuant to the provisions of this subdivision.\n 3. Other services. The state civil service department without charge,\nupon the request of any municipal commission, shall furnish technical\nadvice and assistance in the preparation and promulgation of rules or\nmodifications thereof and in any other matters affecting the\nadministration of the provisions of this chapter by such municipal\ncommission.\n 4. Use of state and county eligible lists by municipal commissions. A\nmunicipal commission, in the absence of an eligible list of its own, may\nrequest the state civil service department, county civil service\ncommission or county personnel officer to furnish it with the names of\npersons on an appropriate eligible list established by the department,\ncommission or personnel officer, which, if so requested by the municipal\ncommission, shall be limited to residents of the city, or town or civil\ndivision in which appointments are to be made, or to residents of the\ncounty or judicial district in which such city, town or civil division\nis located, or to any reasonable combination of political subdivisions\nboth in and outside of New York state contiguous to the city or civil\ndivision in which appointment is to be made or contiguous to the\npolitical subdivision in which such city or civil division is located,\nexcept for the position of director of facilities I, II, & III of a\nschool district located within the state which shall use the list\ndeveloped pursuant to subdivision five of section seventeen of this\nchapter. Such municipal commission may certify such names for\nappointment to a position under its jurisdiction in the same manner as\ncertifications are made from the eligible lists of such commission. If\nthe state civil service department, county civil service commission or\ncounty personnel officer, upon the request of such commission, has\ncertified an appropriate eligible list to fill a particular position,\nsuch list shall continue to be used until superseded by an eligible list\nestablished by such municipal commission for such position, or until\nsuch list expires or is exhausted or is otherwise terminated.\n 4-a. Residence restrictions for local positions. The state civil\nservice department or municipal commission having jurisdiction over\npositions in a city or civil division may require that candidates for\nexamination for appointment to any such positions be residents of such\ncity or civil division, or residents of the county or judicial district\nin which such city or civil division is located, or of any reasonable\ncombination of political subdivisions both in and outside of New York\nstate contiguous to such city or civil division or contiguous to the\npolitical subdivision in which such city or civil division is located,\nexcept for candidates for the position of director of facilities I, II,\n& III of a school district located within the state. An appointing\nauthority of a department or agency of a city or civil division may\nrequire that eligibles who are residents of such city or civil division\nshall be certified first for appointment, except for candidates for the\nposition of director of facilities I, II, & III of a school district\nlocated within the state, wherein no such residence requirements shall\napply, provided, however, no such preference shall be given on\nappointments from promotion lists. Upon exhaustion of the list of such\nresident eligibles, certifications shall be made from the whole eligible\nlist. This subdivision shall not be deemed to supersede any general or\nspecial law pertaining to residence qualifications of local officers or\nemployees; provided, however, that any permanent employee who has been\nsuspended or demoted from a position and is on a preferred list for\nreinstatement, shall not be barred from reinstatement solely on the\nbasis of residency requirements established subsequent to such\nsuspension or demotion, in the event the employee does not meet such\nresidence qualifications but, nonetheless, was originally properly\nappointed.\n 4-b. Geographic certification based on need. A municipal commission\nhaving jurisdiction over a city or civil division may provide that\neligibles, other than those eligibles on police officer and firefighter\nlists, who are residents of a geographically-defined area which is a\nportion of such city or civil division shall be certified first for\nappointment to positions in such area where in order to qualify for\nfederal moneys such certification is required. Upon exhaustion of the\nlist of such resident eligibles, certifications shall be made from the\nwhole eligible list.\n 5. Construction. The provisions of this section shall not apply to\nmunicipal commissions in any city containing more than one county. The\nservices provided for by subdivision two of this section may, in the\ndiscretion of the civil service department, be rendered to a municipal\ncommission in a city containing more than one county upon the payment of\na reasonable fee to be determined by the department.\n