§ 44 — Appropriations for personal service; general

New York § 44

• Jurisdiction: New York
• Law STF: State Finance
• Art. 4: Appropriations

Text

§ 44. Appropriations for personal service; general. 1. The salary or\ncompensation of any officer or employee, when not prescribed by law, for\nwhich an appropriation is made or for which an allocation has been\napproved pursuant to law by the director of the budget, may be fixed by\nthe department, official or officials appointing such officer or\nemployee subject to the approval of the director of the budget and at an\namount less than but not greater than the amount so appropriated or\nallocated for the salary or compensation of such officer or employee;\nand when any appropriation is made or allocation approved pursuant to\nlaw by the director of the budget for compensation at a per diem rate\nfor a stated number of days, the department, official or officials\nemploying such employee shall have the authority to employ in the\nposition the number of employees for whom compensation is provided in\nthe appropriation or allocation, calculating one employee for each three\nhundred days, the provisions of any general or special statute to the\ncontrary notwithstanding.\n No appropriation or allocation shall be available for the salary or\ncompensation of any regular officer or employee whose employment or\noffice is not specified in the act containing the appropriation or in\nthe allocation approved by the director of the budget unless his\nappointment or employment is expressly authorized.\n 2. Any appropriations for salary, compensation or expenses shall be\nthe salary, compensation or expenses for one year of the officer,\nemployee, office, board, department, commission or bureau for whom or\nwhich the same is appropriated, notwithstanding existing provisions of\nany other statute fixing the annual salary, compensation or expenses of\nsuch officer or employee or the expenses of such office, board,\ndepartment, commission or bureau at a different amount.\n 3. In identifying and connecting any officer or employee, other than a\nlegislative or judicial officer or employee, with his office or\nposition, for the purposes of this section, the state comptroller, the\nstate civil service commission and the heads of departments shall be\ngoverned by a certificate of identification certified to them by the\ndirector of the budget, and such certificate shall have the force and\neffect of law for such purposes.\n 4. When in any act an appropriation is made for personal service and\nis accompanied by a schedule showing positions and salaries, no part of\nsuch appropriation shall be expended for a purpose or position not\nenumerated in such schedule nor shall any schedule item be exceeded;\nprovided, however, that upon the approval of the director of the budget\nand the state civil service commission where the position involved is in\nthe classified civil service, and of the director of the budget where\nthe position involved is in the unclassified civil service, a part of\nany such appropriation may be expended for a position in the same\noccupational field or service, carrying a title, grade and salary lower\nthan the position for which the appropriation is made, the provisions of\nany general or special statute to the contrary notwithstanding. Except\nas otherwise provided in this subdivision, the amount shown in any such\nschedule for salary or compensation shall be the salary or compensation\nfor one year of the officer or employee for whom the same is scheduled,\nnotwithstanding existing provisions of any other statute fixing the\nannual salary or compensation of such officer or employee at a different\namount; provided, however, that the provisions of this subdivision shall\nnot be construed to prohibit the addition to the salary or compensation\nof any state officer or employee, pursuant to subdivision eight of this\nsection, of an annual increment or other salary increase, which is\notherwise effective on the first day of a fiscal year, at the beginning\nof the bi-weekly payroll period the first day of which is nearest to the\nfirst day of such fiscal year.\n 5. The amount shown in any schedule for salary or compensation, or for\nmaintenance and operation shall be the salary or compensation, or the\namount available for expenses of maintenance and operation, for the\nperiod fixed in such schedule, of the officer or employee, office,\nboard, department, commission or bureau for whom or which the same is\nscheduled.\n 6. No position, contained in a schedule of positions in an\nappropriation act or in an approved segregation of a lump sum\nappropriation pursuant to this chapter, shall, during the period for\nwhich funds are appropriated or segregated for such position, be\ntransferred from the organizational unit in which such position appears\nin such schedule or segregation except upon request of the head of a\ndepartment or other state agency and approval by the director of the\nbudget. When approved by the director of the budget, he shall issue a\ncertificate to the head of the department or other state agency in which\nthe position exists and to the state comptroller authorizing the\ntransfer of the position and the appropriation made therefor. Copies of\nsuch certificate shall be filed with the senate finance committee, the\nassembly ways and means committee and the state civil service\ncommission.\n 7. When food, lodging or other maintenance is allowed to any state\nemployee or other person, the director of the budget may, in his\ndiscretion, require a charge therefor at rates established by him.\n 8. Notwithstanding any other provisions of this chapter or of any\nother law, when any officer or employee of the state whose compensation\nis payable in accordance with section six of this chapter is granted an\nincrement or increase in salary or compensation pursuant to statute or\npursuant to budgetary appropriation or as a result of reclassification\nor reallocation, which increment or increase is otherwise effective on\nthe first day of a fiscal year, such increment or increase shall be\nadded to the salary or compensation of such officer or employee at the\nbeginning of that payroll period the first day of which is nearest to\nthe first day of the fiscal year; provided, however, that for the\npurposes of determining the salary of such officer or employee upon\nreclassification, reallocation, appointment, promotion, transfer,\ndemotion, reinstatement or other change of status, such increment or\nincrease shall be deemed to be effective on the first day of the fiscal\nyear, and the payment thereof, pursuant to this subdivision, on a date\nprior to the first day of any fiscal year, instead of on the first day\nof such fiscal year, shall not operate to confer any additional salary\nor increment rights or benefits upon any officer or employee. If the\nfirst day of the fiscal year is exactly midway between the two nearest\nfirst days of payroll periods, the earlier of such two nearest first\ndays of payroll periods shall be deemed to be nearer to the first day of\nthe fiscal year.\n