§ 7 — Powers and duties of the president of the state civil service commission

New York § 7

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

Text

§ 7. Powers and duties of the president of the state civil service\ncommission. The president of the commission shall have the following\npowers and duties:\n 1. He shall be the head of the department of civil service and the\nappointing officer thereof, and shall be responsible for the discharge\nof the duties and functions of the department and for the enforcement of\nthe rules and regulations.\n 2. He may select suitable persons in the service of the state or any\nof its civil divisions, after consulting the head of the department or\noffice in which such persons serve, to act as examiners under his\ndirection. Persons so selected shall be entitled to reimbursement from\nthe department for their actual and necessary expenses incurred in\nconnection with such service.\n 3. He shall adopt a departmental seal and require that it be used for\nthe authentication of orders and other documents and for such other\npurposes as he may prescribe.\n 4. Subject to the provisions of this chapter and the rules established\nthereunder, he shall make regulations for and have control of\nexaminations for the service of the state, and the civil divisions\nthereof, except civil divisions for which a municipal commission\nperforms such function, and shall supervise and preserve the records\nthereof.\n 5. He shall provide pre-retirement counseling services to employees of\nthe state and of the civil divisions thereof who are members of the\nstate retirement system, and in cooperation with such retirement system,\nmunicipal civil service commissions, the adult education bureau of the\neducation department and local school boards, establish such courses on\npersonal counseling as may be necessary to prepare public employees for\nretirement.\n 6. The president of the commission shall prepare an annual report\ndescribing occupational injuries, illnesses, and workers' compensation\nexperience for all state agencies as defined by subdivision three of\nsection two-a of the state finance law. Such report shall be published\nno later than September thirtieth of each year, beginning in two\nthousand eight, and shall report information on the basis of the last\ncompleted state fiscal year. In subsequent years, the report shall\ninclude comparative data for up to five prior fiscal years if such data\nis available. The report shall be delivered to the governor, the\nlegislature and to any labor organization that represents state agency\nemployees and shall be available to the public. The contents of the\nreport shall include the following information for each state agency,\nbroken down by institutions and facilities as was done in the report\npreviously published by the department entitled "Occupational Accidents\nand Workers' Compensation Experience for NYS Government Employees"\npublished from nineteen hundred eighty-seven to nineteen hundred\nninety-two:\n (a) the total number of employees, the number of work-related\naccidents and the rate of work-related injuries and illnesses;\n (b) the number of lost work time injuries and illnesses and the rate\nof lost work time cases;\n (c) the number of days of lost work time and the number and rate of\nlost full time employees;\n (d) the cost to the state of lost work time due to work-related cases;\n (e) the cost to the state of medical expenses due to work-related\ninjuries and illnesses;\n (f) a description of the types of injuries, the number of injuries and\nillnesses of each type and the most common causes of those cases, and\nthe body part injured;\n (g) a list of the job titles with work-related injury and illness\nrates that are more than twenty-five percent above the average for all\nstate agencies;\n (h) a list of the state agencies with work-related injury and illness\nrates that are more than twenty-five percent above the average for all\nstate agencies;\n (i) work-related injury and illness rates for all state agencies by\ncollective bargaining units; and\n (j) a summary of findings and recommendations prepared in consultation\nwith the workers' compensation board and the state insurance fund for\nstate agencies regarding the prevention of injury and illnesses and the\nreduction of costs due to these cases.\n 7. The president, with the assistance of the office of information\ntechnology services as needed, shall prepare a report on or before the\nfirst day of September two thousand eighteen and every three years\nthereafter to be issued to the governor, the speaker of the assembly,\nthe temporary president of the senate, the minority leader of the\nassembly, and the minority leader of the senate. Such report shall\ndetail current programs within state agencies that allow for alternative\nwork schedules or flexible work hours, the positive and negative\nexperiences for agencies in utilizing alternative work schedules or\nflexible work hours, whether legal or practical reasons affect the\nability to offer such schedules, and any existing plans agencies may\nhave for altering schedule options available to employees. The president\nshall compile input from agencies selected pursuant to this subdivision,\nand each agency shall provide all available information upon request to\nthe president. The president may also include information about best\npractices among selected agencies. Nothing set forth in this section\nshall be construed to impede, infringe or diminish the rights and\nbenefits that accrue to employees and employers through collective\nbargaining agreements, or otherwise diminish the integrity of the\ncollective bargaining relationship. For purposes of this subdivision,\n"alternative work schedules or flexible work hours" shall mean an\nongoing schedule modification that applies to more than one employee in\na described business unit. Alternative work schedules or flexible work\nhours shall not include voluntary reduction in work schedule agreements\nand individualized work schedules.\n 8. The president shall have the power to review claims for\nreimbursement submitted by public authorities or municipal corporations\nother than a city with a population of a million or more pursuant to\nsection ninety-two-d of the general municipal law to determine if such\nclaim shall be approved, reduced, amended or rejected. Such review and\ndetermination shall be made in accordance with section ninety-two-d of\nthe general municipal law.\n