§ 6 — Powers and duties of the state civil service commission

New York § 6

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Organization and Functions of State Civil Service Department
• Art. 2: Civil Service Administration

Text

§ 6. Powers and duties of the state civil service commission. The\nstate civil service commission shall\n 1. Prescribe and amend suitable rules and regulations for carrying\ninto effect the provisions of this chapter and of section six of article\nfive of the constitution of the state of New York, including (a) rules\nfor the jurisdictional classification of offices and positions in the\nclassified service of the state; (b) rules for examinations,\nappointments, promotions, transfers, leaves of absence, resignations and\nreinstatements, and the keeping, reporting and reviewing of performance\nratings of employees in the classified service of the state and civil\ndivisions for which the provisions of this chapter are administered by\nthe state civil service department; (c) rules for sick leaves,\nvacations, time allowances and other conditions of employment in the\nclassified service of the state and, notwithstanding any other provision\nof this chapter or any other law, such rules may provide for cash\npayment of the monetary value of accumulated and unused vacation or time\nallowances granted in lieu of overtime compensation standing to the\ncredit of an employee at the time of his or her separation from service\nor his or her entrance into the armed forces of the United States for\nactive duty (other than for training) as defined by title ten of the\nUnited States code, whether or not such entrance constitutes a\nseparation from service, and for the payment of the monetary value of\nhis or her accumulated and unused time allowances granted in lieu of\novertime compensation standing to the credit of an employee at the time\nof his or her appointment, promotion or transfer from the department or\nagency in which such time allowances were earned to another department\nor agency and provided further however that any such rules or\nregulations shall provide that individuals certified by an examining\nphysician as benefiting from the use of a service animal in performing\nmajor life activities, individuals registered with the New York state\ncommission for the blind as legally blind or certified by an examining\nphysician or licensed optometrist as legally blind, as manifested by\nvisual acuity of 20/200 or less in the better eye with best correction\nor visual field of 20 degrees or less, and individuals who are deaf or\nhard of hearing manifested by a speech discrimination score of forty\npercent or less in the better ear with appropriate correction as\ncertified by an examining physician or a licensed audiologist or\notorhinolaryngologist as defined in section seven hundred eighty-nine of\nthe general business law, or a physician who has examined such person\npursuant to the provisions of section seven hundred ninety-two of such\nlaw, may charge against accumulated sick leave credits and upon written\nagreement between the individual and the employer, may borrow against\nsick leave credits not yet accumulated, for the purpose of obtaining\nservice animals or guide dogs and necessary training, up to a maximum of\ntwenty-six days in any one calendar year; and (d) rules for the position\nclassification and jurisdictional classification of offices and\nemployees in civil divisions for which the provisions of this chapter\nare administered by the state civil service department.\n Such rules and any modification thereof shall take effect when\napproved by the governor and filed in the office of the department of\nstate, and shall have the force and effect of law;\n 2. Keep minutes of its own proceedings and records of its other\nofficial actions;\n 3. Make investigations concerning all matters touching upon the\nenforcement and effect of the provisions of this chapter and the rules\nand regulations established thereunder and concerning the action of any\nperson in respect to the administration of this chapter. In the course\nof such investigations each member and any officer or employee\npreviously designated in writing by the commission to conduct\ninvestigations or hearings in its behalf shall have power to administer\noaths. A record of such written designation shall be kept on file in the\noffice of such commission;\n 4. Have power to subpoena and require the attendance in this state of\nwitnesses and the production of books and papers pertinent to the\ninvestigation and inquiries hereby authorized and to examine them and\nsuch public records as it shall require relating to any such matter. For\nthe purposes of such examination, the commission possesses all the\npowers conferred by the legislative law upon a committee of the\nlegislature or by the civil practice law and rules, upon a board or\ncommittee. A subpoena issued under this section shall be regulated by\nthe civil practice law and rules. Said commission and any officer or\nemployee previously designated in writing by it to act in its behalf may\ninvoke the power of any court of record in the state to compel witnesses\nto attend, testify and produce books and papers;\n 5. Hear and determine appeals instituted by any person believing\nhimself aggrieved by any action or determination of the president of the\ncommission acting as the head of the department, made under the\nauthority conferred upon such president or department under the\nprovisions of this chapter except article eleven hereof; provided,\nhowever, that no such appeal shall be allowed (a) if the action or\ndetermination involved relates solely to matters of internal management\nof the department, or (b) if the action or determination involved was\nconsidered and approved in advance by the commission. The appeals\nauthorized by this subdivision shall be instituted by applications in\nwriting to the commission within thirty days of the action or\ndetermination to be reviewed. The commission, for good cause shown, may\nwaive such thirty-day limitation. The commission may make such\ninvestigation or inquiry into the facts relative to the action or\ndetermination appealed from as may be deemed advisable and may affirm,\nreverse or modify such action or determination;\n 6. Make determinations of all appeals filed with the state commission\npursuant to the provisions of section one hundred twenty of this\nchapter;\n 6-a. Submit a report on or before January thirty-first of each year,\nto the governor and the legislature which shall include, but not be\nlimited to, information detailing the total number of appeals received\nfrom determinations made based upon written and oral examinations,\nperformance tests and ratings of training and experience, during the\npreceding twelve months, and the final disposition or dispositions of\neach appeal.\n 7. Meet in Albany at least once in each calendar month, except the\nmonth of August, and hold such other meetings at such places within the\nstate as the needs of the public service may require. A majority of the\nmembers of the commission shall constitute a quorum.\n