§ 35 — Unclassified service

§ 35. Unclassified service. The civil service of the state and each of\nits civil divisions shall be divided into the classified and\nunclassified service. The unclassified service shall comprise the\nfollowing:\n (a) all elective offices;\n (b) all offices filled by election or appointment by the legislature\non joint ballot;\n (c) all officers and employees of the state legislature, and all\nofficers and employees of any other legislative body whose principal\nfunctions and duties are directly related to the performance of the\nlegislative functions of such body;\n (d) all offices filled by appointment by the governor, either upon or\nwithout confirmation by the senate, except officers and employees in the\nexecutive department who are not heads of divisions therein;\n (e) the head or heads of any department of the government who are\nvested with authority, direction and control over a department, and who\nhave power and authority to appoint and remove officers and employees\ntherein;\n (f) all members, officers and employees of boards of elections;\n (g) all persons employed by any title whatsoever as members of the\nteaching and supervisory staff of a school district, board of\ncooperative educational services or county vocational education and\nextension board, as certified to the state commission by the\ncommissioner of education. The commissioner of education shall prescribe\nqualifications for appointment for all classes of positions so certified\nby him, and shall establish specifications setting forth the\nqualifications for and the nature and scope of the duties and\nresponsibility of such positions. The commissioner of education shall\nfile such qualifications for appointment and such specifications with\nthe civil service commission;\n (h) all positions in the state university in the professional service\nas defined in subdivision three of section three hundred fifty-five-a of\nthe education law, which positions shall be determined by the chancellor\nof the state university and certified by him to the civil service\ncommission; provided, however, that any state university position in the\nclassified service which the chancellor seeks to designate as\nunclassified must be approved by the civil service commission before\nsuch change in designation;\n (i) all positions in community colleges in the professional service as\ndefined in subdivision two of section six thousand three hundred six of\nthe education law, which shall include all positions on the\ninstructional staffs of the fashion institute of technology, the New\nYork city community college of applied arts and sciences, and of the\ncommunity colleges sponsored by the board of higher education in the\ncity of New York as respectively defined in sections two thousand five\nhundred eighty-seven, six thousand two hundred six-a, and six thousand\ntwo hundred six-b of the education law. Such positions in community\ncolleges other than the fashion institute of technology, the New York\ncity community college of applied arts and sciences, and community\ncolleges sponsored by the board of higher education of the city of New\nYork shall be determined by the board of trustees of such colleges with\nthe approval of the chancellor of state university, and certified by\neach such board to the commission or officer which administers the civil\nservice law for the local sponsor of the community college administered\nby such board. Each such board of trustees shall prescribe\nqualifications for appointment for all classes of positions so certified\nby it, and shall establish specifications setting forth the\nqualifications for and the nature and scope of the duties and\nresponsibilities of such positions. Each such board of trustees shall\nfile such qualifications for appointment and such specifications with\nthe civil service commission and with the commission or officer to which\nthe certification is made;\n (j) all persons, other than persons covered under paragraph (g) or\nparagraph (h) or paragraph (i) of this section, whose principal\nfunctions are teaching or the supervision of teaching in a public\nschool, academy or college.\n (k) all positions in the professional service in the New York State\nSchool for the Blind and the New York State School for the Deaf,\nrequiring the performance of educational functions, which positions\nshall be determined by the commissioner of education and certified by\nhim to the civil service commission.\n