NY-CVS Civil Service Law NY

Section 1. Short title. This chapter shall be known as the "Civil

Service Law. "

Definitions. When used in this chapter.

1. The term "commission" or "state commission" means the state civil

service commission;

2. The term "president" means the president of the state civil service

commission;

3. The term "department" or "civil service department" means the state

department of civil service, unless otherwise expressly stated or unless

the context requires a different meaning;

4. The term "municipal commission" or "municipal civil service

commission" means the civil service commission of a city, of a county,

or of a suburban town governed pursuant to article three-A of the town

law and having a population of at least fifty thousand as shown in the

most recent decennial federal census or special population census taken

pursuant to section twenty of the general municipal law, or the

personnel officer of a city, of a county, or of such a suburban town, or

a regional civil service commission or a regional personnel officer, as

the case may be, unless otherwise expressly stated or unless the context

requires a different meaning;

5. The "civil service" of the state of New York or any of its civil

divisions includes all offices and positions in the service of the state

or of such civil divisions, except such offices and positions in the

militia and the military departments as are or may be created under the

provisions of article twelve of the constitution;

6. The "state service" shall include all offices and positions in the

civil service of the state;

7. The "city service" shall include all offices and positions in the

civil service of any city;

8. The "service of a civil division" shall include all offices and

positions in the civil service of any subdivision of the state; and the

term "civil division" shall include within its meaning a city;

9. The term "appointing authority" or "appointing officer" means the

officer, commission or body having the power of appointment to

subordinate positions;

10. The term "jurisdictional classification" means the assignment of

positions in the classified service to the competitive, non-competitive,

exempt or labor classes;

11. The term "position classification" means a grouping together,

under common and descriptive titles, of positions that are substantially

similar in the essential character and scope of their duties and

responsibilities and in the qualification requirements therefor;

12. The term "board of supervisors" shall include within its meaning

the elective governing body of a county which has no board of

supervisors.

Department of civil service; state civil service commission. 1.

The department. There shall continue to be in the state government a

department of civil service. The head of the department shall be the

president of the state civil service commission who shall be responsible

for the discharge of the duties and functions of the department.

2. The commission. (a) Appointment. The state civil service commission

is continued and shall consist of three commissioners who shall be

appointed by the governor, by and with the advice and consent of the

senate, not more than two of whom shall be adherents of the same

political party. The governor shall designate one of the members of the

commission to be president of the commission and such member shall serve

in the capacity of president during the pleasure of the governor. The

members shall not hold any other public office or public employment for

which they shall receive compensation other than necessary travel and

other expenses incurred in the performance of the duties of such other

office or employment, or engage in private employment or in a profession

or business which interferes with the performance of their duties or

requires their disqualification from the performance of such duties

because of a conflict of interests caused thereby. The commissioners

other than the president of the commission shall, when performing the

work of the commission, be compensated at the rate of two hundred fifty

dollars per day, together with an allowance for actual and necessary

expenses incurred in the discharge of their duties hereunder. The

president of the commission shall receive an annual salary established

in section one hundred sixty-nine of the executive law. No member shall

serve as an officer of any political party or political organization or

engage in partisan political activities.

(b) Term of office. The term of office of each member shall be six

years from the first day of February of the year in which the term of

his predecessor expired. A vacancy in the membership of the commission

shall be filled by appointment by the governor, by and with the advice

and consent of the senate, for the unexpired term.

(c) Expenses. The president and each of the other members shall be

paid the necessary expenses incurred in the discharge of his duties.

Powers and duties of the state civil service commission. The

state civil service commission shall

1. Prescribe and amend suitable rules and regulations for carrying

into effect the provisions of this chapter and of section six of article

five of the constitution of the state of New York, including (a) rules

for the jurisdictional classification of offices and positions in the

classified service of the state; (b) rules for examinations,

appointments, promotions, transfers, leaves of absence, resignations and

reinstatements, and the keeping, reporting and reviewing of performance

ratings of employees in the classified service of the state and civil

divisions for which the provisions of this chapter are administered by

the state civil service department; (c) rules for sick leaves,

vacations, time allowances and other conditions of employment in the

classified service of the state and, notwithstanding any other provision

of this chapter or any other law, such rules may provide for cash

payment of the monetary value of accumulated and unused vacation or time

allowances granted in lieu of overtime compensation standing to the

credit of an employee at the time of his or her separation from service

or his or her entrance into the armed forces of the United States for

active duty (other than for training) as defined by title ten of the

United States code, whether or not such entrance constitutes a

separation from service, and for the payment of the monetary value of

his or her accumulated and unused time allowances granted in lieu of

overtime compensation standing to the credit of an employee at the time

of his or her appointment, promotion or transfer from the department or

agency in which such time allowances were earned to another department

or agency and provided further however that any such rules or

regulations shall provide that individuals certified by an examining

physician as benefiting from the use of a service animal in performing

major life activities, individuals registered with the New York state

commission for the blind as legally blind or certified by an examining

physician or licensed optometrist as legally blind, as manifested by

visual acuity of 20/200 or less in the better eye with best correction

or visual field of 20 degrees or less, and individuals who are deaf or

hard of hearing manifested by a speech discrimination score of forty

percent or less in the better ear with appropriate correction as

certified by an examining physician or a licensed audiologist or

otorhinolaryngologist as defined in section seven hundred eighty-nine of

the general business law, or a physician who has examined such person

pursuant to the provisions of section seven hundred ninety-two of such

law, may charge against accumulated sick leave credits and upon written

agreement between the individual and the employer, may borrow against

sick leave credits not yet accumulated, for the purpose of obtaining

service animals or guide dogs and necessary training, up to a maximum of

twenty-six days in any one calendar year; and (d) rules for the position

classification and jurisdictional classification of offices and

employees in civil divisions for which the provisions of this chapter

are administered by the state civil service department.

Such rules and any modification thereof shall take effect when

approved by the governor and filed in the office of the department of

state, and shall have the force and effect of law;

2. Keep minutes of its own proceedings and records of its other

official actions;

3. Make investigations concerning all matters touching upon the

enforcement and effect of the provisions of this chapter and the rules

and regulations established thereunder and concerning the action of any

person in respect to the administration of this chapter. In the course

of such investigations each member and any officer or employee

previously designated in writing by the commission to conduct

investigations or hearings in its behalf shall have power to administer

oaths. A record of such written designation shall be kept on file in the

office of such commission;

4. Have power to subpoena and require the attendance in this state of

witnesses and the production of books and papers pertinent to the

investigation and inquiries hereby authorized and to examine them and

such public records as it shall require relating to any such matter. For

the purposes of such examination, the commission possesses all the

powers conferred by the legislative law upon a committee of the

legislature or by the civil practice law and rules, upon a board or

committee. A subpoena issued under this section shall be regulated by

the civil practice law and rules. Said commission and any officer or

employee previously designated in writing by it to act in its behalf may

invoke the power of any court of record in the state to compel witnesses

to attend, testify and produce books and papers;

5. Hear and determine appeals instituted by any person believing

himself aggrieved by any action or determination of the president of the

commission acting as the head of the department, made under the

authority conferred upon such president or department under the

provisions of this chapter except article eleven hereof; provided,

however, that no such appeal shall be allowed (a) if the action or

determination involved relates solely to matters of internal management

of the department, or (b) if the action or determination involved was

considered and approved in advance by the commission. The appeals

authorized by this subdivision shall be instituted by applications in

writing to the commission within thirty days of the action or

determination to be reviewed. The commission, for good cause shown, may

waive such thirty-day limitation. The commission may make such

investigation or inquiry into the facts relative to the action or

determination appealed from as may be deemed advisable and may affirm,

reverse or modify such action or determination;

6. Make determinations of all appeals filed with the state commission

pursuant to the provisions of section one hundred twenty of this

chapter;

6-a. Submit a report on or before January thirty-first of each year,

to the governor and the legislature which shall include, but not be

limited to, information detailing the total number of appeals received

from determinations made based upon written and oral examinations,

performance tests and ratings of training and experience, during the

preceding twelve months, and the final disposition or dispositions of

each appeal.

7. Meet in Albany at least once in each calendar month, except the

month of August, and hold such other meetings at such places within the

state as the needs of the public service may require. A majority of the

members of the commission shall constitute a quorum.

Powers and duties of the president of the state civil service

commission. The president of the commission shall have the following

powers and duties:

1. He shall be the head of the department of civil service and the

appointing officer thereof, and shall be responsible for the discharge

of the duties and functions of the department and for the enforcement of

the rules and regulations.

2. He may select suitable persons in the service of the state or any

of its civil divisions, after consulting the head of the department or

office in which such persons serve, to act as examiners under his

direction. Persons so selected shall be entitled to reimbursement from

the department for their actual and necessary expenses incurred in

connection with such service.

3. He shall adopt a departmental seal and require that it be used for

the authentication of orders and other documents and for such other

purposes as he may prescribe.

4. Subject to the provisions of this chapter and the rules established

thereunder, he shall make regulations for and have control of

examinations for the service of the state, and the civil divisions

thereof, except civil divisions for which a municipal commission

performs such function, and shall supervise and preserve the records

thereof.

5. He shall provide pre-retirement counseling services to employees of

the state and of the civil divisions thereof who are members of the

state retirement system, and in cooperation with such retirement system,

municipal civil service commissions, the adult education bureau of the

education department and local school boards, establish such courses on

personal counseling as may be necessary to prepare public employees for

retirement.

6. The president of the commission shall prepare an annual report

describing occupational injuries, illnesses, and workers' compensation

experience for all state agencies as defined by subdivision three of

section two-a of the state finance law. Such report shall be published

no later than September thirtieth of each year, beginning in two

thousand eight, and shall report information on the basis of the last

completed state fiscal year. In subsequent years, the report shall

include comparative data for up to five prior fiscal years if such data

is available. The report shall be delivered to the governor, the

legislature and to any labor organization that represents state agency

employees and shall be available to the public. The contents of the

report shall include the following information for each state agency,

broken down by institutions and facilities as was done in the report

previously published by the department entitled "Occupational Accidents

and Workers' Compensation Experience for NYS Government Employees"

published from nineteen hundred eighty-seven to nineteen hundred

ninety-two:

(a) the total number of employees, the number of work-related

accidents and the rate of work-related injuries and illnesses;

(b) the number of lost work time injuries and illnesses and the rate

of lost work time cases;

(c) the number of days of lost work time and the number and rate of

lost full time employees;

(d) the cost to the state of lost work time due to work-related cases;

(e) the cost to the state of medical expenses due to work-related

injuries and illnesses;

(f) a description of the types of injuries, the number of injuries and

illnesses of each type and the most common causes of those cases, and

the body part injured;

(g) a list of the job titles with work-related injury and illness

rates that are more than twenty-five percent above the average for all

state agencies;

(h) a list of the state agencies with work-related injury and illness

rates that are more than twenty-five percent above the average for all

state agencies;

(i) work-related injury and illness rates for all state agencies by

collective bargaining units; and

(j) a summary of findings and recommendations prepared in consultation

with the workers' compensation board and the state insurance fund for

state agencies regarding the prevention of injury and illnesses and the

reduction of costs due to these cases.

7. The president, with the assistance of the office of information

technology services as needed, shall prepare a report on or before the

first day of September two thousand eighteen and every three years

thereafter to be issued to the governor, the speaker of the assembly,

the temporary president of the senate, the minority leader of the

assembly, and the minority leader of the senate. Such report shall

detail current programs within state agencies that allow for alternative

work schedules or flexible work hours, the positive and negative

experiences for agencies in utilizing alternative work schedules or

flexible work hours, whether legal or practical reasons affect the

ability to offer such schedules, and any existing plans agencies may

have for altering schedule options available to employees. The president

shall compile input from agencies selected pursuant to this subdivision,

and each agency shall provide all available information upon request to

the president. The president may also include information about best

practices among selected agencies. Nothing set forth in this section

shall be construed to impede, infringe or diminish the rights and

benefits that accrue to employees and employers through collective

bargaining agreements, or otherwise diminish the integrity of the

collective bargaining relationship. For purposes of this subdivision,

"alternative work schedules or flexible work hours" shall mean an

ongoing schedule modification that applies to more than one employee in

a described business unit. Alternative work schedules or flexible work

hours shall not include voluntary reduction in work schedule agreements

and individualized work schedules.

8. The president shall have the power to review claims for

reimbursement submitted by public authorities or municipal corporations

other than a city with a population of a million or more pursuant to

section ninety-two-d of the general municipal law to determine if such

claim shall be approved, reduced, amended or rejected. Such review and

determination shall be made in accordance with section ninety-two-d of

the general municipal law.

Commission on increasing diversity in the state government

workforce. 1. There is hereby established in the department an

independent commission on increasing diversity in the state government

workforce. Such commission shall not be subject to the supervision or

control of the department, the commission or the president. The

commission on increasing diversity in the state government workforce

shall examine, evaluate and make recommendations concerning ways to

increase the number of minority workers in state service.

2. The commission on increasing diversity in the state government

workforce shall be composed of fifteen members, to be appointed as

follows: nine members shall be appointed by the governor, three members

shall be appointed by the temporary president of the senate, and three

members shall be appointed by the speaker of the assembly. Of the nine

members appointed by the governor, at least one member shall represent

each of the following: the department, the office of employee relations,

the governor's appointments office, a prominent civil rights

organization representing blacks, a prominent civil rights organization

representing Hispanics, and a prominent civil rights organization

representing Asians. All the members appointed by the temporary

president of the senate and the speaker of the assembly shall be

representatives of a protected class as established by federal statutory

or case law. Every member of the commission shall serve at the pleasure

of the official who appointed him or her. The members shall be broadly

representative of the geographic areas of the state and the diverse

minority communities of the state. The governor shall designate the

chair and vice-chair of the commission from among his or her appointees.

Vacancies in the membership of the commission shall be filled in the

manner provided for original appointments.

3. The commission on increasing diversity in the state government

workforce:

(a) shall recommend ways in which to increase the number of minority

workers in state service;

(b) shall study how to diversify the workforce in state service during

the replacement of the existing workforce as it ages out and retires;

(c) shall review the diversity hiring practices of other states and

the federal government, including reviewing the Presidential Management

Interim Program model for recruiting and advancing Hispanic and

African-American college graduates, and recommend the best outcome

practices;

(d) shall review and recommend changes to the existing hiring and

promotion practices that will help diversify the workers in state

service at all levels of service;

(e) shall review and recommend the means by which to best provide

information to students and faculty at colleges and universities in the

state on the employment and promotion opportunities in state service;

(f) shall review and recommend recruiting and employment practices

that will bring Hispanics into jobs classified as shortage category

occupations, as well as other occupations;

(g) shall review and recommend any flexibilities that exist in the

state civil service system to bring minorities into jobs classified as

shortage category occupations, as well as other occupations;

(h) shall review and recommend procedures that the department should

take to develop and promote the participation of minority state

employees in career development programs;

(i) may meet within and without the state, shall hold public hearings

and shall have all the powers of a legislative committee pursuant to the

legislative law;

(j) to the maximum extent feasible, shall be entitled to request and

receive, and shall utilize and be provided with such facilities,

resources and data of any court, department, division, board, bureau,

commission or agency of the state as it may reasonably request to

properly carry out its powers and duties pursuant to this section; and

(k) (1) shall, on or before April first, two thousand seven, report to

the governor and the legislature its findings, conclusions and

recommendations,

(2) shall, on or before April first, two thousand eight, report to the

governor and the legislature on the status of and any actions taken on

the recommendations made pursuant to subparagraph one of this paragraph,

and

(3) shall, on or before April first, two thousand nine, report to the

governor and the legislature on the status of and any actions taken on

the recommendations made pursuant to subparagraph one of this paragraph,

and which actions have and have not been taken to provide for diversity

in the state government workforce.

4. The members of the commission on increasing diversity in the state

government workforce shall receive no compensation for their services,

but shall be allowed their actual and necessary expenses incurred in the

performance of their duties pursuant to this section.

Offices of department; rooms and accommodations. The principal

office of the department shall be in the city of Albany. It shall be the

duty of the officers of the state of New York or of any civil division

thereof, at any place where examinations are directed to be held, to

heat, light and allow the reasonable use of public buildings in all

proper ways to facilitate the holding of such examinations.

Attendance of witnesses; fees. 1. Witnesses shall be entitled to

the same fees as are allowed in civil cases in courts of record. Such

fees need not be pre-paid, and shall be paid; (a) in the case of persons

subpoenaed by the state civil service commission, from the state

treasury on the audit and warrant of the comptroller upon vouchers

approved by the president of the commission, or (b) in the case of

persons subpoenaed by a municipal commission, in the manner provided by

law for the payment of the lawful expenses of such municipal commission.

2. All public officers and their deputies and employees shall afford

the state civil service commission and any municipal civil service

commission all reasonable facilities in conducting the inquiries

authorized by this chapter, give inspection to such commission of all

books, papers and documents belonging or in any way appertaining to

their respective offices, produce said books and papers, and attend and

testify when required to do so by such commission.

Assessment of certain expenses of administration of the

department of civil service. 1. For purposes of this section,

(a) The term "expenses of administration" means the total cost of

administration of the department, excluding costs of providing services

to municipalities and costs of administration of the health benefit

plan, and excluding costs of special programs or activities of the

department as may be determined by the president, subject to approval of

the director of the budget, which do not serve generally all state

departments and agencies under the jurisdiction of the department;

(b) The term "public authority" means a public authority or public

benefit corporation under the jurisdiction of the department of civil

service;

(c) The term "position" means an office or position, other than a

seasonal or temporary position, in the classified service under the

jurisdiction of the department of civil service.

2. A fractional share of the expenses of administration, as determined

pursuant to subdivision three of this section, shall be charged against

and payable from the following sources:

(a) If the salary or compensation of ten or more positions in any

department or agency of the state is payable from a special or

administrative fund, other than the state purposes fund or the local

assistance fund or the capital construction fund of the general fund of

the state, or an income fund of the state university, or the mental

hygiene services fund, such fractional share shall be charged against

and payable from such special or administrative fund;

(b) If the salary or compensation of ten or more positions in any

department or agency of the state is payable from an appropriation

assessed or to be collected or refunded pursuant to law, such fractional

share shall be included in and payable from such appropriation;

(c) Such fractional share shall be payable by each public authority

having ten or more positions.

3. For the purpose of computing the fractional share of the expenses

of administration for any fiscal year to be payable from a source

specified in subdivision two of this section, the numerator of such

fraction shall be the number of positions the salary or compensation of

which is payable from such source and the denominator shall be the total

number of positions in the service of the state and public authorities.

The numbers of positions shall be the numbers of positions existing as

of October thirty-first in such fiscal year.

4. As soon as practicable after the close of the fiscal year ending

March thirty-first, nineteen hundred sixty-seven, and thereafter as soon

as practicable after the close of each fiscal year, the president shall

determine the amount representing the share of expenses of

administration for such fiscal year chargeable to each source specified

in subdivision two of this section, and shall certify such amount to the

appropriate department or agency of the state or public authority. Such

sums shall be payable to the commissioner of taxation and finance at the

beginning of the fiscal year following such certification.

Recruitment of women to state civil service initiative 1. The

department, through existing programs, shall provide information to both

women and men about high paying jobs and careers, including jobs

traditionally dominated by men. Such information shall be distributed as

part of any recruitment efforts as well as be available on the

department's website.

2. The president shall prepare and submit to the governor, the

temporary president of the senate, and the speaker of the assembly an

annual evaluation report of the initiative no later than January first,

two thousand eighteen, and every year thereafter. The report shall

include:

(a) how many women were referred to examinations for jobs and careers

that offer high earning potential, including jobs traditionally

dominated by men;

(b) the ratio of women to men in traditionally high paying jobs in

state civil service and any change in that ratio from the previous year;

(c) The president's recommendations and plans for increasing the

number of women in traditionally high paying jobs; and

(d) any other information the president deems relevant.

Optional forms of local civil service administration. 1.

Optional forms of administration. There shall be the following forms of

local civil service administration for the purpose of administering the

provisions of this chapter in counties, including civil divisions

therein, in certain suburban towns, and in cities in the state:

(a) Municipal civil service commissions. A municipal civil service

commission shall consist of three persons, not more than two of whom

shall at any time be adherents of the same political party. The members

of a county civil service commission shall be appointed by the board of

supervisors, except that in a county having a county executive the

members of the commission shall be appointed by the county executive

with the advice and consent of the board of supervisors. The members of

a suburban town civil service commission in such a town described in

subdivision four of section two of this chapter shall be appointed by

the town board of such town. The members of a city civil service

commission shall be appointed by the mayor, city manager, or other

authority, as the case may be, having the general power of appointment

of city officers and employees. Of the members first appointed upon the

establishment or re-establishment of a municipal civil service

commission, the term of one shall expire on May thirty-first of the

first even-numbered year following the date of appointment; the term of

one shall expire on May thirty-first of the second even-numbered year

following the date of appointment; and the term of one shall expire on

May thirty-first of the third even-numbered year following the date of

appointment. Upon the expiration of each of such terms, the term of

office of each commissioner thereafter appointed shall be six years from

the first day of June in the year in which the term of his predecessor

expired. If the office of any such commissioner shall become vacant by

death, resignation or otherwise, his successor shall be appointed as

herein provided for the unexpired term.

(b) Personnel officers. The personnel officer of a county shall be

appointed by the board of supervisors or, in a county having a county

executive, by the county executive with the advice and consent of the

board of supervisors. The personnel officer of a suburban town described

in subdivision four of section two of this chapter shall be appointed by

the town board of such town. The personnel officer of a city shall be

appointed by the mayor, city manager, or other authority, as the case

may be, having the general power of appointment of city officers and

employees. The term of office of a personnel officer shall be six years.

A personnel officer shall have all the powers and duties of a municipal

civil service commission.

(d) Administration by regional civil service commission or regional

personnel officer. Any two or more adjoining counties, or any two or

more cities in the same or adjoining counties, or any combination of

such counties and cities, by written agreement duly approved by the

governing board or body of each county or city participating, may

establish a regional civil service commission or the office of regional

personnel officer. (1) The agreement to establish such a commission

shall provide for the manner of selection, appointment and removal of

three regional civil service commissioners; provided, however, that no

member of such regional commission shall be removed except for cause and

after a public hearing. Not more than two members of such regional

commission shall at the same time be adherents of the same political

party. Of the commissioners first appointed, the term of one shall

expire on May thirty-first of the first even-numbered year following the

date of appointment; the term of one shall expire on May thirty-first of

the second even-numbered year following the date of appointment; and the

term of one shall expire on May thirty-first of the third even-numbered

year following the date of appointment. Upon the expiration of each of

such terms, the term of office of the commissioner thereafter appointed

shall be six years from the first day of June in the year in which the

term of his predecessor expired. If the office of any such commissioner

shall become vacant by death, resignation, or otherwise, his successor

shall be appointed for the unexpired term in the manner provided in such

agreement. (2) The agreement to establish the office of regional

personnel officer shall provide for the manner of selection, appointment

and removal of a regional personnel officer; provided, however, that the

term of office of such personnel officer shall be six years, and

provided further that no regional personnel officer shall be removed

except for cause and after a public hearing. (3) Such agreement shall

provide for the location of the principal office of the regional civil

service commission or regional personnel officer, the employment and

status of personnel, the audit and payment of salaries and expenses, the

apportionment of costs among participating counties and cities, and such

other matters as may be necessary or appropriate. (4) A regional civil

service commisison or regional personnel officer shall have all the

powers and duties of a municipal civil service commission, and shall

administer the provisions of this chapter in the cities and counties,

including civil divisions therein, which join in the establishment of

the regional civil service agency. (5) Upon the establishment of a

regional civil service commission or the office of regional personnel

officer, the municipal civil service commission or office of personnel

officer, as the case may be, in each of the counties and cities

participating shall cease to exist, and all the rights, duties,

obligations and functions thereof shall be transferred to and imposed

upon such regional civil service commission or regional personnel

officer. (6) The written agreement establishing a regional civil service

commission or the office of regional personnel officer may be amended

from time to time as necessary and for the purpose of admitting

additional cities or counties, upon approval of the governing board or

body of each of the cities and counties participating in such agreement.

2. Appointment by state commission. If, for any reason, the members of

a municipal or regional civil service commission or a city, suburban

town, county or regional personnel officer are not appointed within

sixty days after the establishment of a municipal or regional civil

service commission or office of city, suburban town, county or regional

personnel officer, the state civil service commission shall make such

appointments for the respective terms provided for herein and until the

successors of such appointees are appointed and qualify. If, for any

reason, the duly authorized appointing authority of a municipal or

regional civil service commission or a city, suburban town, county or

regional personnel officer within sixty days after it has the power to

appoint fails to appoint a municipal or regional civil service

commissioner or a city, suburban town, county or regional personnel

officer, the state civil service commission may appoint to such offices

for the respective terms provided for herein, and until the successors

are appointed and qualify.

3. Continuation of present forms of administration. The forms of civil

service administration in effect and operation in the several cities and

counties in this state on the effective date of this act are hereby

continued.

4. Form of administration in a city wholly including within its limits

two or more counties. The provisions of this chapter shall be

administered in a city wholly including within its limits two or more

counties under the form of administration prescribed in the charter of

such city.

5. Form of administration in any county wholly included within a city.

The provisions of this chapter shall be administered in and for all

county offices and agencies in each county in the state wholly included

within a city by and under the municipal civil service commission and

department of personnel of such city, except such offices and agencies

as are subject to the supervision of the administrative board of the

judicial conference.

Change of form of administration. 1. Election to change form of

administration. (a) Counties. The board of supervisors of any county,

other than a county wholly included within a city, may at any time and

from time to time, authorize the withdrawal of the county from its then

existing form of administration and elect that the provisions of this

chapter be administered in such county under one of the other forms of

administration authorized by section fifteen of this chapter.

(b) Cities; certain suburban towns. The common council or other

legislative body of a city, other than a city containing more than one

county, or the town board of a suburban town described in subdivision

four of section two of this chapter, may, at any time and from time to

time, authorize the withdrawal of the city or the said suburban town, as

the case may be from its then existing form of administration and elect

that the provisions of this chapter be administered in such city or said

suburban town under one of the other forms of administration authorized

by section fifteen of this chapter, or under the jurisdiction of the

civil service commission or personnel officer of the county in which

such city or said suburban town is located. Such election may be made by

a suburban town by adopting a local law establishing a department of

civil service. This section shall apply to local laws of suburban towns

establishing a department of civil service adopted prior to January 1,

1970, provided, however, such local laws did not become effective prior

to January 1, 1970.

(c) Cities and counties under the jurisdiction of a regional civil

service commission or regional personnel officer. The cities and

counties under the jurisdiction of a regional civil service commission

may, at any time and from time to time, elect, by written agreement duly

approved by the respective governing board or body of each such city and

county, to adopt a regional personnel officer form of administration.

The cities and counties under the jurisdiction of a regional personnel

officer may, in like manner, elect to adopt a regional civil service

commission form of administration.

2. Effective date of election. (a) Except as herein otherwise

provided, the effective date of any change of form of administration

authorized pursuant to the provisions of this section shall be fixed by

the governing board or body of a city or suburban town described in

subdivision four of section two of this chapter, or county, as the case

may be, or in the agreement for the establishment of a regional civil

service commission or the office of regional personnel officer, but

shall not be less than one year from the time of such election or less

than two years from the effective date of the last preceding change of

form of administration, whichever is the longer period. Any such

election for a change of form of civil service administration may be

revoked at any time within six months after the date of such election.

The effective date of such change may be postponed once at any time

within six months after the date on which such election is made;

provided, however, that where the effective date of such change is

postponed, the new effective date of such change shall be one year from

the date on which such postponement is authorized, but not earlier than

two years from the effective date of the last preceding change of form

of administration.

(b) In the case of a city the charter of which becomes operative on or

after the effective date of this act, unless otherwise provided in such

charter the common council or other legislative body thereof may elect

to adopt one of the optional forms of civil service administration

provided in section fifteen of this chapter within sixty days after the

effective date of its charter and such election shall become effective

immediately.

(c) If, after a city or suburban town described in subdivision four of

section two of this chapter has elected that the provisions of this

chapter shall be administered in such city or such suburban town under

the jurisdiction of the civil service commission or personnel officer of

the county, such county elects to change its form of civil service

administration, such city or such suburban town may, within six months

after such election by the county, elect to adopt one of the other forms

of civil service administration provided in section fifteen of this

chapter, which shall become effective on the date on which the change of

form of administration of such county becomes effective.

(d) Where a city or county under the jurisdiction of a regional civil

service commission or regional personnel officer elects to withdraw

therefrom and adopt one of the other optional forms of civil service

administration provided in section fifteen of this chapter, the

remaining cities or counties under the jurisdiction of such regional

commission or regional personnel officer, if there be at least two, may,

within six months after such election, by a new written agreement or

modification of the original agreement duly approved by the governing

board or body of each such city and county, continue such regional civil

service commission or the office of regional personnel officer. In the

event such regional civil service commission or the office of personnel

officer is not so continued, it shall be dissolved on the effective date

of the withdrawal of a city or county therefrom, and the counties and

cities participating therein may, prior to such dissolution, elect to

adopt one of the other forms of civil service administration provided in

section fifteen of this chapter, which shall become effective upon the

dissolution of such regional civil service commission or office of

regional personnel officer. Upon the dissolution of a regional civil

service commission or the office of regional personnel officer, the

provisions of this chapter shall be administered in any city or county

participating therein which has not so elected to adopt one of the other

forms of civil service administration provided in section fifteen, under

the form of civil service administration in effect in such city or

county immediately preceding its election to come under the jurisdiction

of such regional civil service commission or regional personnel officer.

(e). A suburban town as described in subdivision four of section two

of this chapter, electing to initiate its own civil service

administration for the first time may appoint its administration

immediately upon making an election pursuant to section sixteen (b) and

such administration shall assume jurisdiction upon the transfer of

eligible lists, records, documents and files to it which transfer shall

be completed within six months of the appointment of the administration

hereunder.

3. Notice and public hearing. A public hearing shall be held after

reasonable notice, before any action may be taken by the governing board

or body of a city or suburban town, as specified above or county to

elect a change of form of civil service administration for such city or

suburban town, as specified above or county, as the case may be, or to

revoke such election or postpone the effective date of such election.

Jurisdiction. 1. County civil service commission or personnel

officer. The civil service commission or personnel officer of a county

shall administer the provisions of this chapter with respect to the

offices and employments in the classified service of such county and the

civil divisions therein including school districts, except cities which

are operating under one of the optional forms of civil service

administration provided in section fifteen of this chapter and the city

school districts of such cities.

2. City or suburban town civil service commission or personnel

officer. Except as otherwise provided by special law enacted by the

legislature, the civil service commission or personnel officer of a city

or suburban town described in subdivision four of section two of this

chapter shall administer the provisions of this chapter with respect to

the offices and employments in the classified service of such suburban

town or city, including the city school districts of such city.

3. Regional civil service commission or regional personnel officer. A

regional civil service commission or regional personnel officer shall

administer the provisions of this chapter with respect to the offices

and employments which would otherwise be subject to the jurisdiction of

the civil service commissions or personnel officers of the respective

counties and cities under the jurisdiction of such regional civil

service commission or regional personnel officer.

4. Each municipal commission and personnel officer shall have power at

its own expense to conduct examinations and establish eligible lists for

any position within its jurisdiction.

5. Administration of certain director of facility positions.

Notwithstanding the provisions of this section, chapter or any

provisions to the contrary contained in any general, special, or local

laws, the department shall develop a statewide exam for the positions of

director of facilities I, II, & III in school districts throughout the

state. Such administration shall include the development of eligibility

criteria for examination of potential candidates for the positions of

director of facilities I, II, & III based on qualifications and

experience in accordance with section fifty of this chapter. Such

statewide examinations shall not affect the ability of municipal civil

service commissions to determine promotion qualifications, announce

promotion examinations and establish promotion eligible lists for these

positions, consistent with statewide eligibility criteria as determined

by the department. Any such promotion examination shall use the

statewide examination developed by the department.

Placement of certain director of school facility positions. 1.

The legislature hereby finds and declares that the continued,

uninterrupted, adequate and efficient operation of school facilities is

necessary for the general welfare of the people; that such adequate

operation involves and requires personnel with highly specialized

ability, skill, training, and knowledge; that local civil service

commissions may decide to classify such positions where they constitute

bona fide civil service positions as evidenced by factors including

enhanced pay, benefits, and dignity of position; that while competitive

examination has been deemed practicable for directors of school

facilities, to require such examination for valid appointment of current

long-standing employees would irreparably disorganize certain school

facility operations, endanger the safety of students, and interrupt the

continuity and effective performance of important educational

operations.

2. Notwithstanding the provisions of this chapter or any provisions to

the contrary contained in any general, special, or local laws, any

person holding a permanent competitive class appointment as:

(a) Supervisor of Buildings and Grounds - Albany City School District,

Superintendent of Buildings and Grounds, Director of Facilities,

Director of Facilities and Transportation, Director of Facilities and

Operations - Albany County;

(b) Superintendent of Buildings and Grounds - Allegany County;

(c) Director of School Facilities I, II and III; Director of School

Facilities and Operations III - Broome County;

(d) Superintendent of Buildings & Grounds - Cattaraugus County;

(e) Superintendent of Buildings and Grounds - Cayuga County;

(f) Facilities Manager - Forestville School, Maintenance and

Transportation Manager - Ripley CSD, Superintendent of Buildings and

Grounds, Superintendent of Buildings and Transportation - Dunkirk School

District, Senior Building and Maintenance Mechanic - Fredonia CSD,

Director of Facilities and Operations and Superintendent of Buildings

and Grounds - City of Jamestown - Chautauqua County;

(g) Superintendent of Buildings and Grounds, Supervisor of Buildings

and Grounds - Chemung County;

(h) Superintendent of Buildings and Grounds - Chenango County;

(i) Superintendent of Buildings and Grounds; Superintendent of

Buildings and Grounds II; Superintendent of Buildings and Grounds I;

Superintendent of Buildings and Transportation - Clinton County;

(j) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Columbia County;

(k) Superintendent of Buildings and Grounds - Cortland County;

(l) Superintendent of Buildings and Grounds, Head Custodian - Franklin

CSD, Margaretville CSD & South Kortwright CSD - Delaware County;

(m) Director of Facilities and Operations I, II, III - Dutchess

County;

(n) Superintendent of Buildings and Grounds - Erie County;

(o) Superintendent of Buildings and Grounds; Superintendent of

Buildings, Grounds and Transportation - Essex County;

(p) Superintendent of Buildings and Grounds, Director of Facilities

and Operations I & II; Director of Facilities - Franklin County;

(q) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Fulton County;

(r) Supervisor of Buildings and Grounds - Genesee County;

(s) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of School Facilities,

Director of Facilities and Transportation, Director of Facilities and

Operations - Greene County;

(t) Facilities Manager, Superintendent of Buildings and Grounds,

Director of Facilities; Head Custodian - South Jefferson Central School;

Head Custodian - Thousand Island Central School - Jefferson County;

(u) Superintendent of Buildings and Grounds; Supervisor of Buildings

and Grounds; Transportation and Building Maintenance Supervisor - Lewis

County;

(v) Superintendent of Buildings and Grounds - Livingston County;

(w) Superintendent of Buildings and Grounds, Supervisor of Buildings

and Grounds - Madison County;

(x) Director of Buildings and Grounds, Superintendent of Buildings and

Grounds - Monroe County;

(y) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Montgomery

County;

(z) Director of School Facilities and Operations I, II, III, IV,

Director of School Facilities Planning and Director of School

Facilities, Operations and Transportation - Nassau County;

(aa) Director of Facilities and Operations I, Director of Facilities

and Operations II - Niagara County;

(bb) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Plant Manager, Maintenance Supervisor, Head Custodian -

Oriskany CSD & New York Mills UFSD - Oneida County;

(cc) Superintendent of Buildings and Grounds, Director of Facilities,

Director of Facilities and Transportation - Onondaga County;

(dd) Director, Director of Buildings and Grounds, Director of

Facilities and Operations - Ontario County;

(ee) Superintendent of Buildings and Grounds, Director of Facilities

and Operations, Director of Buildings and Grounds, Director of Building

Maintenance and Director of Operations - Orange County;

(ff) Director of Operations and Maintenance, Superintendent of

Buildings and Grounds - Orleans County;

(gg) Superintendent of Buildings and Grounds, Supervisor of Buildings

and Grounds - City of Oswego, Manager of Buildings & Grounds & Security

- City of Fulton - Oswego County;

(hh) Superintendent of Buildings & Grounds, Head Custodian - Morris

CSD, Director of Facilities - Otsego County;

(ii) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Rensselaer

County;

(jj) Director of Facilities I, Director of Facilities II, Director of

Facilities III - Rockland County;

(kk) Buildings and Grounds Supervisor, Superintendent of Buildings and

Grounds, Superintendent of Buildings and Grounds I, Superintendent of

Buildings and Grounds II, Superintendent of Buildings & Grounds &

Transportation; Director of Operations - St. Lawrence County;

(ll) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities I, II and

III - City of Saratoga Springs, Director of Facilities and

Transportation, Director of Facilities and Operations - Saratoga County;

(mm) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Schenectady

County;

(nn) Supervisor of Buildings and Grounds, Supervisor of Buildings,

Facilities and Grounds, Maintenance Supervisor - Sharon Springs, Head

Custodian - Gilboa Conesville, Schoharie County;

(oo) Superintendent of Buildings and Grounds, Building Maintenance

Supervisor - Schuyler County;

(pp) Director of Facilities and Grounds - Seneca County;

(qq) Superintendent of Buildings and Grounds, Director of Facilities

and Operations I, Head Building Maintenance Mechanic - Steuben County;

(rr) Plant Facilities Administrator - Suffolk County;

(ss) Director of Facilities Support and Services I, II, III - Sullivan

County;

(tt) Superintendent of Buildings and Grounds - Tioga County;

(uu) Superintendent of Buildings and Grounds, Maintenance Supervisor,

Director of School Facilities and Operations III - Tompkins County;

(vv) Superintendent of Buildings and Grounds, Director of Facilities

and Operations, Director of Operations and Maintenance, Director of

Buildings and Grounds, Director of Building Maintenance and Director of

Operations - Ulster County;

(ww) Superintendent of Buildings and Grounds, Director of Facilities -

Glens Falls City, Director of Facilities and Transportation, Director of

Facilities and Operations - Warren County;

(xx) Supervisor of Buildings and Grounds, Superintendent of Buildings

and Grounds, Director of Facilities, Director of Facilities and

Transportation, Director of Facilities and Operations - Washington

County;

(yy) Director of Facilities and Operations II - Wayne County;

(zz) Director of School Facilities and Operations Maintenance -

Westchester County;

(aaa) Superintendent of Buildings and Grounds - Wyoming County;

(bbb) Building and Maintenance Supervisor, Superintendent of Buildings

and Grounds;

or any other competitive positions not delineated in this section that

are an equivalent competitive position to those listed in this section,

who was serving in such capacity on the date the first exam is

administered for such position pursuant to section seventeen of this

chapter, shall receive a permanent appointment to such position as may

be properly classified by the local civil service commission having

jurisdiction, without further examination or qualifications and shall

have all the rights and privileges of the jurisdictional class to which

such position may be allocated.

Administration of civil service in jointly established agency.

1. Except where otherwise expressly provided by statute, when a public

agency is established and maintained jointly by two or more civil

divisions, including school districts, in the same county, the

provisions of this chapter shall be administered for such agency by the

municipal commission of such county, unless the appointing authority of

such agency shall elect, within sixty days following the establishment

thereof and with the approval of the civil service commission of a city,

if there be one, participating in the establishment and maintenance of

such agency, to come under the jurisdiction of the civil service

commission of such city.

Election by certain villages, school districts, special

districts and public agencies located in two or more counties. The

administration of this chapter in a village, school district or special

district incorporated or established on or after the effective date of

this act and comprising territory in two or more counties, or in a

public agency established on or after the effective date of this

amendment and maintained jointly by two or more counties or two or more

municipal corporations or other civil divisions, including school

districts, situated in different counties, shall be under the

jurisdiction of the civil service commission or personnel officer having

jurisdiction over the classified service of one of such counties

selected by action of the governing board or body of such village,

school district or special district, or the appointing authority of such

public agency. In the event that such board or body of such a newly

incorporated village or newly established school district or special

district or the appointing authority of such newly established public

agency fails to make such selection within ninety days after the

effective date of such incorporation or establishment, such village,

school district, special district or public agency shall be subject to

the jurisdiction of the civil service commission or personnel officer

having jurisdiction over the classified service of the county in which

the greater or greatest territorial area of such village, school

district, special district or public agency is located.

Rules. 1. Scope of rules. Each municipal civil service

commission shall prescribe, amend and enforce suitable rules for

carrying into effect the provisions of this chapter and of section six

of article five of the constitution of the state of New York, including

rules for the jurisdictional classification of the offices and

employments in the classified service under its jurisdiction, for the

position classification of such offices and employments, for

examinations therefor and for appointments, promotions, transfers,

resignations and reinstatements therein, all in accordance with the

provisions of this chapter. Nothing in this chapter or any other law

shall be construed to require that positions in the competitive class be

specifically named or listed in such rules, or that the salary grade to

which a position in any jurisdictional class is allocated be specified

in such rules.

2. Procedure for adoption of rules. Such rules, and any modifications

thereof, shall be adopted only after a public hearing, notice of which

has been published for not less than three days, setting forth either a

summary of the subject matter of the proposed rules or modifications or

a statement of the purpose thereof. Except for the city of New York,

notice shall be given to any person or agency filing written request,

such request to be renewed yearly in December, for notice of hearings

which may affect such person or agency. Such notification shall be made

by mail to the last address specified by the person or agency at least

thirty days prior to the public hearing. Unless otherwise provided by

statute, a fee consisting of the cost of handling and postage may be

charged for such notice. Notwithstanding the provisions of this

subdivision, however, notice and public hearing shall not be required

upon the adoption or modification of a rule which is required by reason

of a change in any statute in order to conform the rule to such statute.

The rules and any modifications thereof adopted by a county civil

service commission or county personnel officer or by a regional civil

service commission or regional personnel officer shall be valid and take

effect only upon approval of the state civil service commission. The

rules and any modifications thereof adopted by a city civil service

commission or city personnel officer shall be valid and take effect only

upon approval of the mayor or a deputy mayor designated in writing by

the mayor, such designation to be filed in the offices of the state

civil service commission, and the municipal civil service commission, or

city manager or other authority, as the case may be, having the general

power of appointment of city officers and employees, and the state civil

service commission; provided, however, that where the mayor, deputy

mayor or city manager, or other authority, as the case may be, fails to

approve or disapprove a rule or modification thereof within thirty days

after the same has been submitted to him, such rule or modification

thereof shall be deemed to be approved by him. The rules and any

modifications thereof adopted by a suburban town civil service

commission in such a town described in subdivision four of section two

of this chapter or personnel officer of such a suburban town shall be

valid and take effect only upon approval of the state civil service

commission. Notwithstanding any other provision of this chapter, when a

resolution of a municipal commission submitted to the state commission

for approval includes a provision proposing the classification of a

position in the exempt class, the state commission, if it determines

that such position should properly be classified in the non-competitive

class, may amend such provision, with the consent of the municipal

commission, to classify such position in the non-competitive class and

approve such resolution as so amended. Any such rule or modification

thereof shall be filed with the secretary of state within thirty days

after final approval thereof by the state civil service commission. Such

rules shall have the force and effect of law when filed with the

secretary of state.

3. State civil service commission to promulgate rules. Upon the

establishment of a municipal or regional civil service commission, or

the office of municipal or regional personnel officer, it shall be the

duty of such commission or personnel officer, upon appointment, to adopt

and procure the approval of the rules herein provided for, and, upon

failure to do so within sixty days after appointment, the state civil

service commission shall forthwith make such rules.

Investigations. A municipal commission, a municipal personnel

officer, a regional commission or a regional personnel officer, for the

purpose of investigating the enforcement and effect of the provisions of

this chapter and the rules established thereunder in the service under

the jurisdiction of such commission or personnel officer shall have the

same powers which are granted to the state civil service commission by

the third and fourth subdivisions of section six of this chapter.

Certification for positions. Before any new position in the

service of a civil division shall be created or any existing position in

such service shall be reclassified, the proposal therefor, including a

statement of the duties of the position, shall be referred to the

municipal commission having jurisdiction and such commission shall

furnish a certificate stating the appropriate civil service title for

the proposed position or the position to be reclassified. Any such new

position shall be created or any such existing position reclassified

only with the title approved and certified by the commission.

Services by state department of civil service; certification of

state and municipal eligible lists. 1. Classification services. The

state civil service department shall, without charge, upon the request

of any municipal commission, render service or technical advice and

assistance relative to the position classification and pay equity

compensation assessment of offices and employments under the

jurisdiction of such municipal commission; provided, however, that

where, in the judgment of the president, the services requested would

involve considerable expense to the state, the state civil service

department may render such services pursuant to an agreement for payment

to the state of such compensation for such services as may be agreed

upon. All money received for such services shall be paid into the state

treasury in the manner provided by law.

2. Examination services. The state civil service department, upon the

request of any such municipal commission, shall render service relative

to the announcement, review of applications, preparations, construction,

and rating of examinations, and establishment and certification of

eligible lists for positions in the classified service under the

jurisdiction of such municipal commission. The department may charge a

reasonable fee as a condition of rendering any such services. Only the

state civil service department and commission shall have jurisdiction to

correct any errors in rating in any examination prepared and rated by

such department pursuant to the provisions of this subdivision.

3. Other services. The state civil service department without charge,

upon the request of any municipal commission, shall furnish technical

advice and assistance in the preparation and promulgation of rules or

modifications thereof and in any other matters affecting the

administration of the provisions of this chapter by such municipal

commission.

4. Use of state and county eligible lists by municipal commissions. A

municipal commission, in the absence of an eligible list of its own, may

request the state civil service department, county civil service

commission or county personnel officer to furnish it with the names of

persons on an appropriate eligible list established by the department,

commission or personnel officer, which, if so requested by the municipal

commission, shall be limited to residents of the city, or town or civil

division in which appointments are to be made, or to residents of the

county or judicial district in which such city, town or civil division

is located, or to any reasonable combination of political subdivisions

both in and outside of New York state contiguous to the city or civil

division in which appointment is to be made or contiguous to the

political subdivision in which such city or civil division is located,

except for the position of director of facilities I, II, & III of a

school district located within the state which shall use the list

developed pursuant to subdivision five of section seventeen of this

chapter. Such municipal commission may certify such names for

appointment to a position under its jurisdiction in the same manner as

certifications are made from the eligible lists of such commission. If

the state civil service department, county civil service commission or

county personnel officer, upon the request of such commission, has

certified an appropriate eligible list to fill a particular position,

such list shall continue to be used until superseded by an eligible list

established by such municipal commission for such position, or until

such list expires or is exhausted or is otherwise terminated.

4-a. Residence restrictions for local positions. The state civil

service department or municipal commission having jurisdiction over

positions in a city or civil division may require that candidates for

examination for appointment to any such positions be residents of such

city or civil division, or residents of the county or judicial district

in which such city or civil division is located, or of any reasonable

combination of political subdivisions both in and outside of New York

state contiguous to such city or civil division or contiguous to the

political subdivision in which such city or civil division is located,

except for candidates for the position of director of facilities I, II,

& III of a school district located within the state. An appointing

authority of a department or agency of a city or civil division may

require that eligibles who are residents of such city or civil division

shall be certified first for appointment, except for candidates for the

position of director of facilities I, II, & III of a school district

located within the state, wherein no such residence requirements shall

apply, provided, however, no such preference shall be given on

appointments from promotion lists. Upon exhaustion of the list of such

resident eligibles, certifications shall be made from the whole eligible

list. This subdivision shall not be deemed to supersede any general or

special law pertaining to residence qualifications of local officers or

employees; provided, however, that any permanent employee who has been

suspended or demoted from a position and is on a preferred list for

reinstatement, shall not be barred from reinstatement solely on the

basis of residency requirements established subsequent to such

suspension or demotion, in the event the employee does not meet such

residence qualifications but, nonetheless, was originally properly

appointed.

4-b. Geographic certification based on need. A municipal commission

having jurisdiction over a city or civil division may provide that

eligibles, other than those eligibles on police officer and firefighter

lists, who are residents of a geographically-defined area which is a

portion of such city or civil division shall be certified first for

appointment to positions in such area where in order to qualify for

federal moneys such certification is required. Upon exhaustion of the

list of such resident eligibles, certifications shall be made from the

whole eligible list.

5. Construction. The provisions of this section shall not apply to

municipal commissions in any city containing more than one county. The

services provided for by subdivision two of this section may, in the

discretion of the civil service department, be rendered to a municipal

commission in a city containing more than one county upon the payment of

a reasonable fee to be determined by the department.

Removal of municipal civil service commissioners and personnel

officers. 1. Removal by appointing officer or body. The officer or body

having the power of appointment of the members of a municipal civil

service commission or a personnel officer may at any time remove any

such member or personnel officer for cause, after a public hearing, and

appoint his successor for the unexpired term.

2. Removal by state civil service commission. A municipal civil

service commissioner or personnel officer may be removed by the state

civil service commission for incompetency, inefficiency, neglect of

duty, misconduct or violation of the provisions of this chapter or of

the rules established thereunder, shown after a hearing upon stated

charges to be served upon him, and he shall be allowed at least eight

days for answering the same in writing. The hearing shall be conducted

by the state civil service commission or by one of the members thereof

designated in writing by the commission. In case a member of the

commission is so designated, he shall for the purpose of such hearing,

be vested with all the powers of the commission and shall make a record

of such hearing which shall, together with his recommendations, be

referred to the commission for review and decision. Upon the request of

the municipal civil service commissioner or personnel officer against

whom the charges are preferred, the commission or the member thereof

designated to hold such hearing shall permit him to be represented by

counsel, and shall allow him to summon witnesses in his behalf. The

burden of proving the charges shall be upon the person alleging the

same. Compliance with technical rules of evidence shall not be required.

The state civil service commission, by unanimous vote of the three

members, may find such municipal civil service commissioner or personnel

officer guilty of the charges or any of them, and, upon such finding,

with the written approval of the governor, may remove such municipal

civil service commissioner or personnel officer. A municipal civil

service commissioner or personnel officer so removed may review such

removal in accordance with the provisions of article seventy-eight of

the civil practice act.

3. Suspension pending determination. Where the state commission has

commenced removal proceedings against all or a majority of the members

of a municipal commission or against a personnel officer, such state

commission by unanimous vote of the three members may, with the written

approval of the governor, suspend such municipal commissioners or

personnel officer or a period not exceeding sixty days pending the

determination of such proceedings, and, in such event, the officer or

body having the power of appointment of the municipal commissioners or

personnel officer involved shall designate, with the approval of the

state commission, the persons or person to serve temporarily in the

place of such suspended commissioners or personnel officer, as the case

may be, pending the determination of such proceedings. If such

designations are not made within a period of ten days after notice from

the state commission, the state commission shall make such designations.

In the event of the removal of one or more members of a municipal

commission or a personnel officer, any person temporarily designated to

serve in place of a removed commissioner or personnel officer, as the

case may be, shall continue to serve until a new commissioner or

personnel officer is appointed and qualifies.

4. Appointment of successor to removed or resigned commissioner or

personnel officer. Whenever a municipal civil service commissioner or

personnel officer has been removed by the state civil service

commission, or whenever a municipal civil service commissioner or

personnel officer shall resign or be removed by the appointing officer

or body pending an investigation by the state civil service commission

of the administration of civil service under the jurisdiction of such

municipal commission or personnel officer or pending a hearing by the

state civil service commission of charges preferred against such

commissioner or personnel officer, the state civil service commission

shall have exclusive jurisdiction to appoint a person to fill such

vacancy. Such person so appointed shall hold office as municipal civil

service commissioner or personnel officer, as the case may be, for the

unexpired term of his predecessor and until his successor is appointed

and qualifies; or in the event that his predecessor is reinstated

pursuant to court order, he shall hold such office only until such

reinstatement.

Powers of state civil service commission with respect to local

rules; appointments and eligible lists. 1. The state civil service

commission may, by unanimous vote of the three members

(a) amend or rescind any rule, regulation or jurisdictional

classification prescribed by a municipal commission, but shall not

exempt from competitive examination any office or position in any civil

division without the consent of the municipal commission having

jurisdiction;

(b) rescind any appointment in the classified service of a civil

division;

(c) remove from any eligible list established by a municipal

commission the name of any person thereon; and

(d) rescind any examination or eligible list or cancel an appointment

already made from a list so rescinded.

2. The state civil service commission, however, shall not take such

action upon any ground other than that the provisions of this chapter

are not properly or sufficiently carried out, nor without specifying in

writing the particulars in which such provisions are not carried out.

Before any such action is taken, the state civil service commission

shall state the reasons for such action in writing and file a certified

copy thereof in the office of the municipal commission concerned, which

shall be a public document therein, and shall give to such commission

and the person aggrieved thereby a reasonable opportunity to present

facts in opposition to such action.

Reports; inspections. 1. Reports. Each municipal civil service

commission shall submit a report to the state civil service commission

annually on or before the first day of March of the manner in which this

chapter and the rules established thereunder have been and are

administered, and the results of such administration under the

jurisdiction of such municipal commission and shall from time to time

submit to the state civil service commission such other reports as to

such other matters as the commission may require. A copy of the roster

of the classified civil service of such municipality shall be

transmitted to the state civil service commission whenever it shall

request the same, and shall be filed in the office of the state civil

service commission as a public record.

2. Inspections. All examinations conducted by a municipal civil

service commission shall be publicly announced and all rules governing

such examinations shall be made public. All the proceedings and papers

connected with such examinations or any of the functions or activities

of such municipal commission shall be at all times subject to the

inspection of the state civil service commission and its agents.

Prohibition against certain public employment and political

activities. 1. A member of a municipal civil service commission or

personnel officer, appointed on or after the effective date of this act,

shall not hold any other public office or employment under the political

subdivisions or subdivision over which such commission or personnel

officer exercises jurisdiction, for which he shall receive compensation

other than necessary travel and other expenses incurred in the

performance of the duties of such office or employment.

2. A member of a municipal civil service commission or personnel

officer shall not serve as an officer of any political party.

Unclassified service. The civil service of the state and each of

its civil divisions shall be divided into the classified and

unclassified service. The unclassified service shall comprise the

following:

(a) all elective offices;

(b) all offices filled by election or appointment by the legislature

on joint ballot;

(c) all officers and employees of the state legislature, and all

officers and employees of any other legislative body whose principal

functions and duties are directly related to the performance of the

legislative functions of such body;

(d) all offices filled by appointment by the governor, either upon or

without confirmation by the senate, except officers and employees in the

executive department who are not heads of divisions therein;

(e) the head or heads of any department of the government who are

vested with authority, direction and control over a department, and who

have power and authority to appoint and remove officers and employees

therein;

(f) all members, officers and employees of boards of elections;

(g) all persons employed by any title whatsoever as members of the

teaching and supervisory staff of a school district, board of

cooperative educational services or county vocational education and

extension board, as certified to the state commission by the

commissioner of education. The commissioner of education shall prescribe

qualifications for appointment for all classes of positions so certified

by him, and shall establish specifications setting forth the

qualifications for and the nature and scope of the duties and

responsibility of such positions. The commissioner of education shall

file such qualifications for appointment and such specifications with

the civil service commission;

(h) all positions in the state university in the professional service

as defined in subdivision three of section three hundred fifty-five-a of

the education law, which positions shall be determined by the chancellor

of the state university and certified by him to the civil service

commission; provided, however, that any state university position in the

classified service which the chancellor seeks to designate as

unclassified must be approved by the civil service commission before

such change in designation;

(i) all positions in community colleges in the professional service as

defined in subdivision two of section six thousand three hundred six of

the education law, which shall include all positions on the

instructional staffs of the fashion institute of technology, the New

York city community college of applied arts and sciences, and of the

community colleges sponsored by the board of higher education in the

city of New York as respectively defined in sections two thousand five

hundred eighty-seven, six thousand two hundred six-a, and six thousand

two hundred six-b of the education law. Such positions in community

colleges other than the fashion institute of technology, the New York

city community college of applied arts and sciences, and community

colleges sponsored by the board of higher education of the city of New

York shall be determined by the board of trustees of such colleges with

the approval of the chancellor of state university, and certified by

each such board to the commission or officer which administers the civil

service law for the local sponsor of the community college administered

by such board. Each such board of trustees shall prescribe

qualifications for appointment for all classes of positions so certified

by it, and shall establish specifications setting forth the

qualifications for and the nature and scope of the duties and

responsibilities of such positions. Each such board of trustees shall

file such qualifications for appointment and such specifications with

the civil service commission and with the commission or officer to which

the certification is made;

(j) all persons, other than persons covered under paragraph (g) or

paragraph (h) or paragraph (i) of this section, whose principal

functions are teaching or the supervision of teaching in a public

school, academy or college.

(k) all positions in the professional service in the New York State

School for the Blind and the New York State School for the Deaf,

requiring the performance of educational functions, which positions

shall be determined by the commissioner of education and certified by

him to the civil service commission.

Classified service; classes of positions. The classified service

shall comprise all offices and positions not included in the

unclassified service. The offices and positions in the classified

service of the state and of its civil divisions shall be divided into

four classes, to be designated as the exempt class, the non-competitive

class, the labor class, and the competitive class.

Exempt class. 1. The following offices and positions shall be in

the exempt class:

(a) one secretary of each state department or division, temporary

state commission or other state officer authorized by law to appoint a

secretary;

(b) the deputies of principal executive officers authorized by law to

act generally for and in place of their principals;

(c) one secretary of each municipal board or commission authorized by

law to appoint a secretary;

(d) one clerk and one deputy clerk if authorized by law, of each

court, and one clerk of each elective judicial officer, and also one

deputy clerk, if authorized by law, of any justice of the supreme court;

(e) all other subordinate offices or positions for the filling of

which competitive or non-competitive examination may be found to be not

practicable. Not more than one appointment shall be made to or under the

title of any office or position placed in the exempt class pursuant to

the provisions of this paragraph, unless a different number is

specifically prescribed in the rules.

2. No office or position shall be deemed to be in the exempt class

unless it is specifically named in such class in the rules. Upon the

occurrence of a vacancy in any position in the exempt class, the state

or municipal civil service commission having jurisdiction shall study

and evaluate such position and, within four months after the occurrence

of such vacancy, shall determine whether such position, as then

constituted, is properly classified in the exempt class. Pending such

determination, said position shall not be filled, except on a temporary

basis.

Non-competitive class. 1. The non-competitive class shall

include all positions that are not in the exempt class or the labor

class and for which it is found by the commission having jurisdiction to

be not practicable to ascertain the merit and fitness of applicants by

competitive examination. Appointments to positions in the

non-competitive class shall be made after such non-competitive

examination as is prescribed by the state civil service department or

municipal commission having jurisdiction. No position shall be deemed

to be in the non-competitive class unless it is specifically named in

such class in the rules. Not more than one appointment shall be made to

or under the title of any office or position placed in the

non-competitive class pursuant to the provisions of this section, unless

a different or an unlimited number is specifically prescribed in the

rules.

2. With respect to civil divisions of the state whose populations,

according to the latest federal decennial census or latest federal

special population census, are less than five thousand and, with respect

to those civil divisions whose populations are not determined as such by

the federal bureau of the census, whose populations are estimated by

their respective governing bodies to be less than five thousand, the

state commission shall, on or before July first, nineteen hundred

sixty-one, promulgate standards for determining the practicality of

examination, which it may from time to time thereafter amend, and shall

also provide information and advice to municipal commissions, to enable

such commissions to utilize the provisions of this section, when

appropriate, in order to enable such civil subdivisions to recruit and

retain in their employ competent and qualified persons.

2-a. The state or municipal civil service commission by appropriate

amendments to its rules shall designate among positions in the

non-competitive class in its jurisdiction those positions which are

confidential or require the performance of functions influencing policy.

Labor class. 1. The labor class shall comprise all unskilled

laborers in the service of the state and each of its civil divisions

except those whose positions can be examined for competitively.

2. The state or municipal commission may require applicants for

employment in the labor class to qualify in such examinations of their

fitness for employment as may be deemed practicable.

Competitive class. The competitive class shall include all

positions for which it is practicable to determine the merit and fitness

of applicants by competitive examination, and shall include all

positions now existing or hereafter created, of whatever functions,

designations or compensation, in each and every branch of the classified

service, except such positions as are in the exempt class, the

non-competitive class or the labor class.

Status of employees upon acquisition of private institution or

enterprise by government. 1. Whenever the state or any civil division or

public agency shall acquire a private institution or enterprise, for the

purpose of operating it as a public function, such civil division, or

public agency, as the case may be, may continue the employment of all

officers or employees thereof deemed necessary, who shall have been in

the employ of such private institution or enterprise for at least one

year prior to such acquisition. The positions so held by such employees

shall be in the non-competitive class, pending the classification or

reclassification of such positions as hereinafter directed, and such

employees shall continue to be employed in similar or corresponding

positions and shall have the seniority theretofore held by them as among

themselves. The state civil service department or municipal commission

having jurisdiction, however, after notice to any such employee, of the

reasons therefor, and after according such employee a hearing, may

exclude him or her from further employment if found by such department

or municipal commission not to be a person of good character.

Notwithstanding the provisions of this section, no person shall be

continued in employment in a position classified in the competitive

class pursuant to the provisions of this subdivision unless he or she is

a citizen or a noncitizen lawfully admitted for permanent residence in

the United States.

2. Not later than one year after the acquisition of such private

institution or enterprise, the state or municipal civil service

commission having jurisdiction shall determine for which positions or

class of positions competitive examinations are practicable and shall

adopt rules classifying and reclassifying the various positions. The

then incumbents of such positions who are employed therein at the time

of the acquisition of the private institution or enterprise and who were

so employed for at least one year prior to such acquisition shall

continue to hold their positions without further examination and shall

have all the rights and privileges of the jurisdictional class to which

such positions may be allocated; provided, however that after such

acquisition all new positions thereafter created and vacancies occurring

in positions already established shall be filled in accordance with the

provisions of this chapter and the rules adopted thereunder.

Examinations generally. 1. Positions subject to competitive

examinations. The merit and fitness of applicants for positions which

are classified in the competitive class shall be ascertained by such

examinations as may be prescribed by the state civil service department

or the municipal commission having jurisdiction.

2. Announcement of examination. (a) The state civil service department

and municipal commissions shall issue an announcement of each

competitive examination, setting forth the minimum qualifications

required, the subjects of the examination, and such other information as

they may deem necessary, and shall advertise and promote such

examination in such manner as the nature of the examination may require.

Such announcement and advertisement shall each inform prospective

applicants of the options for religious observance provided in

subdivision eight of this section.

(b) In addition to any announcement required by paragraph (a) of this

subdivision, the department and municipal commissions shall provide

notice of each competitive examination to the following entities if the

entity is located within the same geographic area as the department or

commission: board of cooperative educational services (BOCES), school

districts, public colleges, public universities, local social services

districts, and, to the extent practicable, job training programs. In

addition, the department and each municipal commission shall allow any

such entity to sign up to be notified electronically when an

announcement is issued.

3. Application for examination. The civil service department and

municipal commissions shall require prospective applicants to file,

during a prescribed time, a formal application in which the applicant

shall state such information as may reasonably be required touching upon

his background, experience and qualifications for the position sought,

and his merit and fitness for the public service. The application shall

be subscribed by the applicant and shall contain an affirmation by him

that the statements therein are true under the penalties of perjury.

Blank forms for such application shall be furnished by said department

and such municipal commissions without charge to all persons requesting

the same. The department and such municipal commissions may require in

connection with such application such certificates of citizens,

physicians, public officers or others having knowledge of the applicant,

as the good of the service may require.

4. Disqualification of applicants or eligibles. The state civil

service department and municipal commissions may refuse to examine an

applicant, or after examination to certify an eligible

(a) who is found to lack any of the established requirements for

admission to the examination or for appointment to the position for

which he applies; or

(b) who is found to have a disability which renders him or her unfit

to perform in a reasonable manner the duties of the position in which he

or she seeks employment, or which may reasonably be expected to render

him or her unfit to continue to perform in a reasonable manner the

duties of such position; or

(d) who has been guilty of a crime; or

(e) who has been dismissed from a permanent position in the public

service upon stated written charges of incompetency or misconduct, after

an opportunity to answer such charges in writing, or who has resigned

from, or whose service has otherwise been terminated in, a permanent or

temporary position in the public service, where it is found after

appropriate investigation or inquiry that such resignation or

termination resulted from his incompetency or misconduct, provided, that

in cases of dismissal, resignation or termination after written charges

of incompetency, the examination or certification in question be for a

position that requires the performance of a duty or duties which are the

same as or similar to the duty or duties of the position from which the

applicant has been dismissed, resigned or terminated on account of

incompetency; or

(f) who has intentionally made a false statement of any material fact

in his application; or

(g) who has practiced, or attempted to practice, any deception or

fraud in his application, in his examination, or in securing his

eligibility or appointment; or

(h) who has been dismissed from private employments because of

habitually poor performance.

No person shall be disqualified pursuant to this subdivision unless he

has been given a written statement of the reasons therefor and afforded

an opportunity to make an explanation and to submit facts in opposition

to such disqualification.

Notwithstanding the provisions of this subdivision or any other law,

the state civil service department or appropriate municipal commission

may investigate the qualifications and background of an eligible after

he has been appointed from the list, and upon finding facts which if

known prior to appointment, would have warranted his disqualification,

or upon a finding of illegality, irregularity or fraud of a substantial

nature in his application, examination or appointment, may revoke such

eligible's certification and appointment and direct that his employment

be terminated, provided, however, that no such certification shall be

revoked or appointment terminated more than three years after it is

made, except in the case of fraud.

In connection with their lawful responsibilities or functions under

paragraph (d) of this subdivision, the department and appropriate

municipal commissions may require applicants to undergo a state and a

national criminal history record check. When required, the fingerprints

of such an applicant shall be submitted to the division of criminal

justice services and the division of criminal justice services is

authorized to submit such fingerprints to the federal bureau of

investigation, in accordance with applicable rules or regulations

promulgated by such entities, in order to obtain relevant state criminal

history record information, if any, concerning such applicant and for a

national criminal history record check. The department and municipal

commissions shall ensure that adequate notice be provided to applicants

regarding the fact that state and national criminal history record

checks may be conducted, and the procedures therefor. Provided, however,

that the provisions of this section shall not apply to (1) any current

employee; or (2) a person who is considered an applicant by reason of

(a) a transfer pursuant to section seventy of this chapter; or (b) a

person who is on a preferred list subject to section eighty-one of this

chapter; or (c) a person whose name is on an eligible list as defined in

section fifty-six of this article and who has successfully completed a

promotion exam subject to section fifty-two of this article.

5. Application fees. (a) Every applicant for examination for a

position in the competitive or non-competitive class, or in the labor

class when examination for appointment is required, shall pay a fee to

the civil service department or appropriate municipal commission at a

time determined by it. Such fees shall be dependent on the minimum

annual salary announced for the position, as follows: (1) on salaries of

less than three thousand dollars per annum, a fee of two dollars; (2) on

salaries of more than three thousand dollars and not more than four

thousand dollars per annum, a fee of three dollars; (3) on salaries of

more than four thousand dollars and not more than five thousand dollars

per annum, a fee of four dollars; and (4) on salaries of more than five

thousand dollars per annum, a fee of five dollars. If the compensation

of a position is fixed on any basis other than an annual salary rate,

the applicant shall pay a fee based on the annual compensation which

would otherwise be payable in such position if the services were

required on a full time annual basis for the number of hours per day and

days per week established by law or administrative rule or order. Fees

paid hereunder by an applicant whose application is not approved may be

refunded in the discretion of the state civil service department or of

the appropriate municipal commission.

* (b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the state civil service department, subject to the approval

of the director of the budget, a municipal commission, subject to the

approval of the governing board or body of the city or county, as the

case may be, or a regional commission or personnel officer, pursuant to

governmental agreement, may elect to waive application fees, or to

abolish fees for specific classes of positions or types of examinations

or candidates, or to establish a uniform schedule of reasonable fees

different from those prescribed in paragraph (a) of this subdivision,

specifying in such schedule the classes of positions or types of

examinations or candidates to which such fees shall apply; provided,

however, that fees shall be waived for candidates who certify to the

state civil service department, a municipal commission or a regional

commission that they are unemployed and primarily responsible for the

support of a household, or are receiving public assistance. Provided

further, the state civil service department shall waive the state

application fee for examinations for original appointment for all

veterans. Provided further, the state civil service department shall,

and a municipal commission may, subject to the approval of the governing

board or body of the city or county, as the case may be, or a regional

commission or personnel officer, pursuant to governmental agreement,

waive application fees for all examinations held between July first, two

thousand twenty-three and December thirty-first, two thousand

twenty-seven. Notwithstanding any other provision of law, for purposes

of this section, the term "veteran" shall mean a person who has served

in the armed forces of the United States or the reserves thereof, or in

the army national guard, air national guard, New York guard, or the New

York naval militia, and who (1) has been honorably discharged or

released from such service under honorable conditions, or (2) has a

qualifying condition, as defined in section one of the veterans'

services law, and has received a discharge other than bad conduct or

dishonorable from such service, or (3) is a discharged LGBT veteran, as

defined in section one of the veterans' services law, and has received a

discharge other than bad conduct or dishonorable from such service. The

term "armed forces" shall mean the army, navy, air force, space force,

marine corps, and coast guard.

* NB Effective until December 31, 2027

* (b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the state civil service department, subject to the approval

of the director of the budget, a municipal commission, subject to the

approval of the governing board or body of the city or county, as the

case may be, or a regional commission or personnel officer, pursuant to

governmental agreement, may elect to waive application fees, or to

abolish fees for specific classes of positions or types of examinations

or candidates, or to establish a uniform schedule of reasonable fees

different from those prescribed in paragraph (a) of this subdivision,

specifying in such schedule the classes of positions or types of

examinations or candidates to which such fees shall apply; provided,

however, that fees shall be waived for candidates who certify to the

state civil service department, a municipal commission or a regional

commission that they are unemployed and primarily responsible for the

support of a household, or are receiving public assistance. Provided

further, the state civil service department shall waive the state

application fee for examinations for original appointment for all

veterans. Notwithstanding any other provision of law, for purposes of

this section, the term "veteran" shall mean a person who has served in

the armed forces of the United States or the reserves thereof, or in the

army national guard, air national guard, New York guard, or the New York

naval militia, and who (1) has been honorably discharged or released

from such service under honorable conditions, or (2) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (3) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service. The term "armed

forces" shall mean the army, navy, air force, space force, marine corps,

and coast guard.

* NB Effective December 31, 2027

(c) All fees collected hereunder by the state civil service

department, except as hereinafter provided, shall be paid into the state

treasury in the manner prescribed by the state finance law. Fees

collected from applicants for examinations given exclusively for

positions in the division of employment in the department of labor shall

be held in trust until such time as the costs of such examinations have

been ascertained and thereupon shall be disbursed as follows: (1) to the

extent that such fees are sufficient therefor, there shall be paid into

the unemployment administration fund maintained under the unemployment

insurance law, an amount equal to the costs of such examinations. Such

payments shall be made on the fifth day of the month following the month

in which such costs were ascertained and shall be accompanied by a

detailed, verified statement and a duplicate of such statement shall be

filed on the same day with the state comptroller; (2) the balance, if

any, of such fees shall be paid into the state treasury pursuant to the

state finance law.

(d) All fees collected hereunder by any municipal civil service

commission shall be paid into the general fund of the municipality for

which such commission has been appointed.

5-a. Location of examinations. (a) The state civil service department

shall offer examinations at any location or locations that it deems

suitable.

(b) The state civil service department shall make efforts to utilize

state university of New York educational opportunity centers when

selecting testing sites.

6. Scope of examinations. Examinations shall be practical in their

character and shall relate to those matters which will fairly test the

relative capacity and fitness of the persons examined to discharge the

duties of that service into which they seek to be appointed. The state

civil service department or appropriate municipal commission, as the

case may be, may establish an eligible list on the basis of ratings

received by the candidates in the competitive portions of the

examination and thereafter conduct medical, physical and other

appropriate non-competitive qualifying tests from time to time as the

need for certifications from the eligible list may require. Beginning in

two thousand twenty-five, the state civil service department shall

review and update the questions contained within the examination, as

deemed appropriate by the department, no less than every five years.

Nothing in this section shall prohibit the state civil service

department from reviewing or updating the examinations prior to the

scheduled update, as the department deems appropriate.

7. Court review of examination questions and answers. Where the state

civil service commission or appropriate municipal civil service

commission has, following its duly established review procedures, which

in the case of the city of New York are set forth in section fifty-a of

this chapter, made a final determination as to the answers that are

acceptable on a particular examination, such determination shall not be

subject to further review in any court. Court review shall be limited to

be a determination of whether such duly established review procedures

were followed, and the court shall have no authority to determine

whether the commission's determination was correct.

8. Limitation of eligibility to one sex. The state civil service

department or the municipal commission having jurisdiction may limit

eligibility for examination to one sex when the duties of the position

involved relate to the institutional or other custody or care of persons

of the same sex, or visitation, inspection or work of any kind the

nature of which requires sex selection.

9. Examination of candidates unable to attend tests because of

religious observance. A person who, because of his religious beliefs, is

unable to attend and take an examination scheduled to be held by the

state department of civil service or a municipal commission on a

Saturday or on a day which is a religious holiday observed by him, shall

be permitted to take such examination on some other day designated by

the state department of civil service or appropriate municipal

commission, at a reasonably comparable time and place without any

additional fee or penalty.

10. The term "disability" as used in this section, shall be defined as

such term is defined in section two hundred ninety-two of the executive

law. Determination of disability shall be made by a medical officer

employed or selected by the civil service department or the municipal

commission having jurisdiction.

11. Unlawful acts in respect to examinations administered pursuant to

this chapter. A person who shall:

(a) Impersonate, or attempt to or offer to impersonate, another person

in taking an examination held pursuant to this chapter; or

(b) Take, or attempt to take or offer to take such an examination in

the name of any other person; or

(c) Procure or attempt to procure any other person to falsely

impersonate him or her or to take, or attempt to take or offer to take,

any such examination in his or her name; or

(d) Have in his or her possession any questions or answers relating to

any such examination, or copies of such questions or answers, unless

such possession is duly authorized by the appropriate authorities; or

(e) Sell or offer to sell questions or answers prepared for use in any

such examination; or

(f) Use in any such examination any questions or answers secured prior

to the administration of the examination or secure the questions or

secure or prepare the answers to the examination questions prior to the

administration of the examination, unless duly authorized to do so by

the appropriate authorities; or

(g) Disclose or transmit to any person the questions or answers to

such examination prior to its administration, or destroy, falsify or

conceal the records or results of such examination from the appropriate

authorities to whom such records are required to be transmitted in

accordance with this chapter, unless duly authorized to do so by the

appropriate authorities;

shall be guilty of a class A misdemeanor punishable by a sentence of

imprisonment of six months or a fine of one thousand dollars, or both.

Additionally, a person who is found by the state civil service

department or municipal commission to have violated this section shall

be disqualified from appointment to the position for which the

examination is being held and may be disqualified from being a candidate

for any civil service examination for a period of five years.

Test validation boards. Any person who has taken a civil

service examination for a position in the competitive class within the

jurisdiction of the department of personnel of the city of New York

shall have the opportunity to protest any answer or rating guide

proposed by the department of personnel to any question on such

examination in accordance with the provisions of this section. Such

protest must be filed with the city personnel director within the time

limits established pursuant to this section, and in the manner set forth

in this section. Within a reasonable time after the last date that

protests are permitted to be filed pursuant to this section, the city

personnel director shall submit all protests filed in connection with an

examination to a test validation board which shall consist of one member

appointed by the city personnel director, one member appointed by the

city personnel director from a list of up to three incumbent employees

nominated by the certified employee organization representing employees

in the title of the examination in question or if no certified employee

organization exists, then nominated by an employee organization

recognized by the city personnel director as representing such

employees, and one member appointed jointly by the other two members. If

there is more than one certified employee organization or more than one

recognized employee association, such organizations or associations

shall submit jointly a list of three nominees. Within a reasonable

period after the date a civil service examination for a position in the

competitive class within the jurisdiction of the department of personnel

of the city of New York is administered, the department shall make

available to candidates the examination questions and proposed key

answers or rating guide, as appropriate, prepared by the city personnel

director or his or her designee. The candidate's answer sheet shall be

made available to them at the beginning of the protest period. Within

thirty days from the date that such proposed key answers and/or rating

guides are made available to candidates, any candidate wishing to file a

protest to one or more key answers or to the rating guide shall submit a

completed written protest, together with evidence in support thereof, to

the city personnel director. Such protest shall be duly subscribed by

the protesting candidate, shall state the date and number of the

examination, and the candidate's social security number and the original

and four copies shall be submitted. Protests to proposed key answers or

rating guides shall include a statement explaining why the answer

selected by the protesting candidate is as good as or better than the

proposed key answer or why the rating guide is in error, and any

additional evidence the candidate wishes to submit in support of such

statement. Within a reasonable time after the last date for filing

protests, the test validation board shall make a determination whether

the answers selected by the protesting candidates are as good as or

better than the proposed key answers or whether the rating guide should

be modified and shall give reasons therefor in an opinion in writing.

Such determination shall be binding on the city personnel director and

shall be made available for review at the department of personnel.

Within ten days after the determination is issued, a notice of its

availability shall be served upon the protesting candidates by mail. A

candidate aggrieved by the determination of the test validation board

may file a petition in supreme court pursuant to article seventy-eight

of the civil practice law and rules in accordance with subdivision seven

of section fifty of this chapter. Such petition must be filed within

thirty days after service of the notice of availability of the

determination of the test validation board upon the protesting

candidate in accordance with the provisions of this section. The city

civil service commission shall have no jurisdiction to make

determinations with respect to protests to answers or rating guides to

civil service examination questions.

Discrimination based upon history of cancerous condition

prohibited. 1. Neither the state civil service department nor any

municipal commission may refuse to examine an applicant or, after

examination, to certify an individual who has been placed on a certified

eligible list, nor shall such person be deemed to be unfit for the

performance of the duties of a position solely because such person has a

history of cancer, provided such person is able to perform in a

reasonable manner the activities involved in the position sought or

held.

2. Nothing contained in this section shall be construed to limit the

scope of section two hundred ninety-six of the executive law.

3. A violation of this section shall be considered an unlawful

discriminatory practice and, notwithstanding any other provision of law,

any complaint about such violation shall be subject to the procedures

set forth in section two hundred ninety-seven of the executive law.

Filling vacancies by open competitive examination. 1. Upon the

written request of the appointing officer stating his reasons therefor,

or on its own initiative, the state civil service department or

appropriate municipal commission may determine to conduct an open

competitive examination for filling a vacancy or vacancies instead of a

promotion examination.

2. Except where the state civil service department or appropriate

municipal commission finds that there are less than three persons

eligible for promotion in the promotion unit where the vacancy exists,

or in the department, if such vacancy is not in a separate promotion

unit, and except where the department or municipal commission determines

to conduct an open competitive and a promotion examination

simultaneously, a notice of intention to conduct such open competitive

examination or a copy of the appointing officer's request for open

competitive examination, as the case may be, shall be publicly and

conspicuously posted in the offices of both the appointing officer and

the state civil service department or appropriate municipal commission

and such request shall not be acted upon until said notice has been

posted as aforesaid for a period of not less than fifteen days.

3. Any employee who believes that a promotion examination should be

held for filling such vacancy may submit to the state civil service

department or appropriate municipal commission his request, in writing,

for a promotion examination rather than an open competitive examination,

stating the reasons why he believes it to be practicable and in the

public interest to fill the vacancy by promotion examination.

Promotion examinations. 1. Filling vacancies by promotion.

Except as provided in section fifty-one, vacancies in positions in the

competitive class shall be filled, as far as practicable, by promotion

from among persons holding competitive class positions in a lower grade

in the department in which the vacancy exists, provided that such lower

grade positions are in direct line of promotion, as determined by the

state civil service department or municipal commission; except that

where the state civil service department or a municipal commission

determines that it is impracticable or against the public interest to

limit eligibility for promotion to persons holding lower grade positions

in direct line of promotion, such department or commission may extend

eligibility for promotion to persons holding competitive class positions

in lower grades which the department or commission determines to be in

related or collateral lines of promotion, or in any comparable positions

in any other unit or units of governmental service and may prescribe

minimum training and experience qualifications for eligibility for such

promotion.

2. Factors in promotion. Promotion shall be based on merit and fitness

as determined by examination, due weight being given to seniority. The

previous training and experience of the candidates, and performance

ratings where available, may be considered and given due weight as

factors in determining the relative merit and fitness of candidates for

promotion.

3. Promotion eligibility of persons on preferred lists and employees

on leave of absence. Any employee who has been suspended from his

position through no fault of his own and whose name is on a preferred

list, and any employee on leave of absence from his position, shall be

allowed to compete in a promotion examination for which he would

otherwise be eligible on the basis of his actual service before

suspension or leave of absence.

4. Departmental and interdepartmental promotion lists. The state civil

service department and municipal commissions may establish

interdepartmental promotion lists which shall not be certified to a

department until after the promotion eligible list for that department

has been exhausted.

5. Promotion units. In the state service, or in the service of a city

containing more than one county, promotion examinations may be held for

such subdivisions of a department as the state civil service department

or the municipal commission of such city, as the case may be, may

determine to be an appropriate promotion unit, but departmental and

interdepartmental promotion eligible lists shall not be certified to a

department until after the promotion unit eligible lists for that

department have been exhausted.

6. Promotion and transfer to administrative positions in the state

service. (a) For the purpose of this subdivision, the term

"administrative positions" shall include competitive class positions in

the state service in law, personnel, budgeting, methods and procedures,

management, records analysis, and administrative research, as determined

by the state civil service department.

(b) Except as provided in section fifty-one, vacancies in

administrative positions shall be filled, so far as practicable, by

promotion as prescribed in subdivision one of this section, which may be

made from among persons holding administrative positions in lower grades

without regard to the specialties of their lower grade positions. The

civil service department, upon the request of an appointing officer

stating the reasons why the filling of administrative positions in grade

fourteen or higher under his jurisdiction from an interdepartmental

promotion list or a promotion list including persons employed in other

units of government would be in the best interests of the state service,

or upon its own initiative whenever it finds that the filling of

administrative positions in grade fourteen or higher in any department

from such an interdepartmental or intergovernmental promotion list would

be in the best interests of the state service, may certify such an

interdepartmental or intergovernmental promotion list for filling such

positions, without preference to departmental lists or to eligibles

holding lower grade positions in the department or promotion unit in

which such positions exist.

(c) Transfers shall be allowed between administrative positions in the

same or related or collateral specialties which involve substantially

equivalent tests or qualifications, subject to such conditions and

limitations as the state civil service department may prescribe.

(d) The provisions of this subdivision shall be applicable and

controlling, notwithstanding any other provisions of this section or

chapter or any other law.

7. Promotion by non-competitive examination. Whenever there are no

more than three persons eligible for examination for promotion to a

vacant competitive class position, or whenever no more than three

persons file application for examination for promotion to such position,

the appointing officer may nominate one of such persons and such

nominee, upon passing an examination appropriate to the duties and

responsibilities of the position may be promoted, but no examination

shall be required for such promotion where such nominee has already

qualified in an examination appropriate to the duties and

responsibilities of the position.

8. Limitation upon promotion. No promotion shall be made from one

position or title to another position or title unless specifically

authorized by the state civil service department or municipal

commission, nor shall a person be promoted to a position or title for

which there is required, by this chapter or the rules, an examination

involving essential tests or qualifications different from or higher

than those required for the position or title held by such person unless

he has passed the examination and is eligible for appointment to such

higher position or title.

9. Increase in salary as a promotion. For the purposes of this section

an increase in the salary or other compensation of any person holding an

office or position within the scope of the rules in force hereunder,

beyond the limit fixed for the grade in which such office or position is

classified, shall be deemed a promotion.

10. Credit for provisional service. a. No credit in a promotion

examination shall be granted to any person for any time served as a

provisional appointee in the position to which promotion is sought or in

any similar position, provided, however, such provisional appointee by

reason of such provisional appointment shall receive credit in such

person's permanent position from which promotion is sought for such time

served in such provisional appointment.

b. A person appointed provisionally in accordance with section

sixty-five of this article who receives a permanent appointment to the

same title immediately following the provisional appointment shall have

all time spent as a provisional appointee in such title credited towards

the qualifications required to take a promotional examination as well as

eligibility for appointment from the resulting eligible list. Such time

credited pursuant to this subdivision shall be used only for the

purposes of any term that is required for a promotional examination and

eligibility for appointment from the resulting eligible list and shall

not be used for any other purpose.

11. Notwithstanding any other provision of law, the state department

of civil service may, for titles designated by it, extend to employees

in the state service who are holding or who have held a position in the

non-competitive or labor class of such service the same opportunity as

employees in the competitive class to take promotion examinations if

such examinations are to be held in conjunction with open competitive

examinations.

12. Notwithstanding any other provisions of law, a municipal

commission may, for entrance level titles as defined and designated by

it, extend to employees in the service of a civil division who are

holding or who have held a position in the non-competitive class of such

service for a period of two years the same opportunity as employees in

the competitive class to take promotion examinations for which such

non-competitive class service is determined by the municipal commission

to be appropriate preparation if such examinations are to be held in

conjunction with open competitive examinations.

13. a. Notwithstanding any other provision of law, the state civil

service commission may, for titles designated by it, extend to disabled

veterans of the Vietnam era, the same opportunities to take promotion

examinations as provided to employees in the competitive class.

b. For purposes of this subdivision, "disabled veterans of the Vietnam

era" shall mean veterans who served during the Vietnam conflict as

defined in subparagraph four of paragraph (c) of subdivision one of

section eighty-five of this chapter and who provide documented evidence

that they meet the definition of disabled veteran prescribed by

subdivision one of such section.

14. Notwithstanding any other provision of law, in a city containing

more than one county, the municipal civil service commission may, for

titles designated by it, extend to employees in the service of a civil

division or public authority under its jurisdiction who are holding a

position in the non-competitive class or the labor class of such service

the same opportunities as employees in the competitive class to take

promotional examinations for which such non-competitive class or labor

class service is determined by the municipal civil service commission to

be appropriate preparation.

15. Promotion eligibility of person transferred to the office of

information technology services. Notwithstanding any other provision of

this chapter, the names of permanent employees transferred from a state

agency or department to the office of information technology services

shall remain on any promotion eligible list for appointment in the

agency or department from which such employees were transferred, for a

period of one year or until the expiration of such list, whichever

occurs first. Further, where the promotion eligible list on which such

employees' names appear is established in the office of information

technology services, the names of employees so transferred shall be

added to such promotion eligible list.

Noncitizen status. Except as otherwise provided by law, no

noncitizen lawfully admitted for permanent residence in the United

States shall be denied appointment to a position in the competitive

class of civil service for reasons of noncitizen status.

Age and educational requirements. 1. Notwithstanding any

provision of law to the contrary, except as herein provided, neither the

state civil service department nor the state civil service commission,

nor any municipal civil service commission shall prohibit, prevent,

disqualify, or discriminate against, any person who is physically and

mentally qualified, from participating in a civil service examination or

from qualifying for a position in the classified civil service, or

penalize any such person in a final rating by reason of his or her age;

and any such rule, requirement, resolution, regulation or penalization

shall be void. Nothing herein contained, however, shall prevent the

adoption of reasonable minimum or maximum age requirements for open

competitive examinations for positions where it is determined by the

department and approved by the commission that such age requirements

would be reasonable minimum qualification for such position. Minimum age

requirements shall in no case prohibit an applicant who is within twelve

months of the minimum age requirement from taking any competitive

examination. Nothing herein contained shall be construed to prohibit the

disqualification, on account of age, of any applicant for a position who

has reached the mandatory retirement age applicable by law to such

position.

2. Minimum education requirements shall in no case prohibit an

applicant who is within twelve months of obtaining the minimum education

requirements from taking any competitive examination.

Examination of blind or physically handicapped applicants. 1.

Notwithstanding any provision of law to the contrary, except as herein

provided, neither the state civil service department nor the state civil

service commission nor any municipal civil service commission shall

hereafter prohibit, prevent, disqualify or discriminate against any

person who is physically and mentally qualified, from competing,

participating or registering for a civil service competitive or

promotion examination or from qualifying for a position in the

classified civil service solely by reason of his or her blindness or

other handicap; and any such rule, requirement, resolution or regulation

shall be void.

2. The state civil service department and each municipal civil service

commission shall cooperate with the commission for the visually

handicapped in the state department of social services, and the state

education department, to the end that there shall be no discrimination

against blind or handicapped persons applying in the civil service,

unless the condition of blindness or other handicap be such as to

prevent the blind or handicapped person from satisfactorily performing

the duties of the position to which he seeks appointment.

3. Upon request of an applicant or an eligible for a civil service

position who has been found to be blind or otherwise handicapped, the

commission for the visually handicapped in the state department of

social services, or in the case of an otherwise handicapped person, the

state education department, shall obtain from the state civil service

department or the appropriate municipal civil service commission a

detailed description of all duties of such position and shall

investigate the extent of the alleged disability by examination of such

applicant or otherwise, and shall determine and report its findings to

the state civil service department or appropriate municipal civil

service commission, as to the physical ability of such applicant or

eligible to perform the duties of such position. Such findings shall be

given due consideration by the state civil service department or

municipal civil service commission.

4. Where the applicant for a civil service position is not so

physically disabled by blindness or other handicap as to prevent him

from satisfactorily performing the duties of the position for which he

is applying, to insure competitive equality between the blind or other

handicapped person and persons not so handicapped in connection with the

taking of written civil service test, the commission for the visually

handicapped in the state department of social services, or in the case

of an otherwise handicapped person, the state education department, may

request from the state civil service department or appropriate municipal

civil service commission the furnishing of an amanuensis when necessary,

allowing additional time for such test to insure equality.

5. The provisions of this section shall not apply to applicants or

eligibles whom the state civil service commission or appropriate

municipal civil service commission finds to be incapacitated by mental

illness for performance of the duties of the position sought.

Employment of persons with disabilities by municipalities. 1.

Municipal civil service commissions in the state may, by rule, determine

a prescribed number of positions, not to exceed seven hundred positions,

with duties which can be performed by physically or mentally disabled

persons who are found qualified, in the manner hereafter prescribed, to

perform satisfactorily such duties.

2. Upon such a determination, such positions shall be classified in

the non-competitive class, and shall be filled by persons who shall have

been certified by either the commission for the blind in the state

office of children and family services as physically disabled by

blindness or by the state education department as otherwise physically

or mentally disabled and, in any event, qualified to perform

satisfactorily the duties of any such position. At least three hundred

of such positions shall be filled by persons who have been certified as

physically disabled. If no qualified physically disabled persons have

applied for such positions, the municipal civil service commission may

fill those unfilled positions with qualified mentally disabled persons.

3. Prior to making certification of physically or mentally disabled

persons for any such position, the commission for the blind in the case

of persons physically disabled by blindness or the state education

department in the case of persons otherwise physically or mentally

disabled shall obtain from the appropriate municipal civil service

commission a detailed description of all duties of the position, and

shall investigate the extent of the disability by examination of any

such person or otherwise, and shall determine and report its findings to

the appropriate civil service commission, as to the ability of the

disabled person to perform the duties of such position. Such findings

shall be given due consideration by the municipal civil service

commission.

4. Notwithstanding any other provision of law, a municipal commission

may, for titles designated by it, extend to employees in the service of

a civil division who are holding or who have held a position in the

non-competitive class of such services pursuant to the provisions of

this section, the same opportunity as employees in the competitive class

to take promotion examinations.

5. Notwithstanding any other provision of law, a municipal commission

shall treat employees appointed pursuant to the provisions of this

section, who are holding or who have held a position in the

non-competitive class, as if they were employees in the competitive

class where, because of economy, consolidation, or abolition of

functions, curtailment of activities or otherwise, a number of such

positions in either the non-competitive or competitive classes are

abolished or reduced in rank or salary grade, suspension or demotion, as

further provided in title C of article five of this chapter. For

purposes of seniority, the date an employee is appointed pursuant to

this section, shall be deemed equivalent to the date a competitive

employee is appointed from an eligible list.

Employment of persons with disabilities by the state. 1. The

commission may determine up to seventeen hundred positions with duties

such as can be performed by persons with a physical or mental disability

who are found otherwise qualified to perform satisfactorily the duties

of any such position. Positions designated to be filled pursuant to this

section may be filled on a full-time or part-time basis. Upon such

determination the said positions shall be classified in the

noncompetitive class, and may be filled only by persons who shall have

been certified by the employee health service of the department as being

a person with either a physical or mental disability. The number of

persons appointed pursuant to this section shall not exceed seventeen

hundred.

2. Those employees hired under subdivision one of this section, shall

be afforded the same opportunity to take promotional examinations as

provided to employees in the competitive class.

* § 55-c. Employment of veterans with disabilities by the state.

1. The commission may determine up to five hundred positions with duties

such as can be performed by disabled veterans and veterans with

disabilities who are found otherwise qualified to perform satisfactorily

the duties of any such position. Positions designated to be filled

pursuant to this section may be filled on a full-time or part-time

basis. Upon such determination, the said positions shall be classified

in the noncompetitive class, and may be filled only by veterans of the

armed forces of the United States (a) who establish by appropriate

documentary evidence that they are disabled veterans, as defined in

paragraph (b) of subdivision one of section eighty-five of this chapter,

or (b) by those veterans, as defined in paragraph (a) of subdivision one

of section eighty-five of this chapter, who shall have been certified by

the employee health service of the department as being disabled but

capable of performing the duties of said positions. Priority in

certification and referral of both such disabled veterans and certified

disabled but capable veterans shall be given to those veterans who

received a wound in combat, as documented by the awarding of the purple

heart, as authorized by the United States department of defense, and

that wound is the cause of, or a substantially contributing factor to,

the degree of impairment, who otherwise meet the requirements of this

section. The number of veterans appointed pursuant to this section shall

not exceed five hundred.

2. Those employees hired under subdivision one of this section, shall

be afforded the same opportunity to take promotional examinations as

provided to employees in the competitive class.

3. When posting jobs that fall under the provisions of this section,

all state agencies shall prominently identify on such posting that such

job is "55-c Eligible".

* NB There are 2 § 55-c's

Establishment and duration of eligible lists. 1. The duration of

an eligible list shall be fixed at not less than one nor more than four

years; provided that, except for lists promulgated for police officer

positions in jurisdictions other than the city of New York, in the event

that a restriction against the filling of vacancies exists in any

jurisdiction, the state civil service department or municipal commission

having jurisdiction shall, in the discretion of the department or

commission, extend the duration of any eligible list for a period equal

to the length of such restriction against the filling of vacancies.

Restriction against the filling of vacancies shall mean any policy,

whether by executive order or otherwise, which, because of a financial

emergency, prevents or limits the filling of vacancies in a title for

which a list has been promulgated. An eligible list that has been in

existence for one year or more shall terminate upon the establishment of

an appropriate new list, unless otherwise prescribed by the state civil

service department or municipal commission having jurisdiction.

2. Notwithstanding subdivision one of this section, the duration of

eligible lists established on or before December thirty-first, nineteen

hundred ninety-six, shall be fixed at not less than one nor more than

four years; provided that, except for lists promulgated for police

officer positions in jurisdictions other than the city of New York, in

the event that a restriction against the filling of vacancies exists in

any jurisdiction, the state civil service department or municipal

commission having jurisdiction shall, in the discretion of the

department or commission, extend the duration of any such eligible list

for a period equal to the length of such restriction against the filling

of vacancies. Restriction against the filling of vacancies shall mean

any policy, whether by executive order or otherwise, which prevents or

limits the filling of vacancies in a title for which such a list has

been promulgated. An eligible list that has been in existence for one

year or more shall terminate upon the establishment of an appropriate

new list, unless otherwise prescribed by the state civil service

department or municipal commission having jurisdiction.

3. Notwithstanding any law to the contrary, the name of any applicant

or eligible whose disqualification has been reversed or whose rank order

on an eligible list has been adjusted through administrative or judicial

action or proceeding shall be placed on an eligible list for a period of

time equal to the period of disqualification or for the period the

application has been improperly ranked, up to a maximum period of one

year or until the expiration of the eligibility list, whichever is

longer. If an eligible list expires prior to the expiration of such

period of restoration, the name of the applicant or eligible shall be

placed on a special eligible list, which shall have a duration equal to

the longer of (a) the remainder of the period of restoration or (b) two

years. An applicant or eligible whose disqualification has been reversed

or whose rank order has been adjusted subsequent to the expiration of an

eligible list shall be placed on a special eligible list for a length of

time equal to the restored period of time not to exceed a maximum of one

year.

4. Notwithstanding the foregoing provisions of this section, where a

court of competent jurisdiction has determined that an eligible list is

invalid, the court may order the creation of a special eligible list

having a duration of not less than one nor more than four years

commencing at the time the corrected list is published.

Continuous recruitment for certain positions. Notwithstanding

any other provisions of this chapter or any other law, the civil service

department or a municipal commission may establish a continuing eligible

list for any class of positions for which it finds such lists

appropriate. The civil service department may only establish continuing

eligible lists for any class of positions filled through open

competitive examination. Names of eligibles shall be inserted in such

list from time to time as applicants are tested and found qualified in

examinations held at such intervals as may be prescribed by the civil

service department or municipal commission having jurisdiction. Such

successive examinations shall, so far as practicable, be constructed and

rated so as to be equivalent tests of the merit and fitness of

candidates. The name of any candidate who passes any such examination

and who is otherwise qualified shall be placed on the continuing

eligible list in the rank corresponding to his or her final rating on

such examination. The period of eligibility of successful candidates for

certification and appointment from such continuing eligible list, as a

result of any such examination, shall be fixed by the civil service

department or municipal commission but, except as a list may reach an

announced terminal date, such period shall not be less than one year;

nor shall such period of eligibility exceed four years. Subject to such

conditions and limitations as the civil service department or municipal

commission may prescribe, a candidate may take more than one such

examination; provided, however, that no such candidate shall be

certified simultaneously with more than one rank on the continuing

eligible list. With respect to any candidate who applies for and is

granted additional credit in any such examination as a disabled or

non-disabled veteran, and for the limited purpose of granting such

additional credit, the eligible list shall be deemed to be established

on the date on which his or her name is added thereto.

Requirements for appointment of certain police officers. 1.

Notwithstanding any other provision of this law or any general, special

or local law to the contrary, no person shall be eligible for

appointment as a police officer of the department of environmental

conservation or of any police force or police department of any county,

city, town, village, housing authority or police district unless they

shall satisfy the following basic requirements:

(a) they are not less than twenty years of age as of the date of

appointment nor more than forty-three years of age as of the date when

the applicant takes the written examination, provided that the maximum

age requirement of forty-three years of age as set forth in this

paragraph shall not apply to eligible lists finalized pursuant to an

examination administered prior to May thirty-first, nineteen hundred

ninety-nine or a police officer in the department of environmental

conservation, provided, however, that:

(i) time spent on military duty or on terminal leave, not exceeding a

total of six years, shall be subtracted from the age of any applicant

who has passed their forty-third birthday as provided in subdivision

ten-a of section two hundred forty-three of the military law;

(ii) such maximum age requirement of forty-three years shall not apply

to any police officer as defined in subdivision thirty-four of section

1.20 of the criminal procedure law, who was continuously employed by the

Buffalo municipal housing authority between January first, two thousand

five and June thirtieth, two thousand five and who takes the next

written exam offered after the effective date of this subparagraph by

the city of Buffalo civil service commission for employment as a police

officer in the city of Buffalo police department, or June thirtieth, two

thousand six, whichever is later; and

(iii) such maximum age requirement of forty-three years shall not

apply to any police officer of any county, town, city or village police

force not otherwise provided for in this section if the eligible list

has been exhausted and there are no other eligible candidates; provided,

however, the police officer themselves are on the eligible list of such

county, town, city or village and meet all other requirements of merit

and fitness set forth by this chapter and do not exceed the maximum age

of forty-three;

(b) they are a high school graduate or a holder of a high school

equivalency diploma issued by an education department of any of the

states of the United States or a holder of a comparable diploma issued

by any commonwealth, territory or possession of the United States or by

the Canal Zone or a holder of a report from the United States armed

forces certifying their successful completion of the tests of general

educational development, high school level;

(c) they satisfy the height, weight, physical and psychological

fitness requirements prescribed by the municipal police training council

pursuant to the provisions of section eight hundred forty of the

executive law; and

(d) they are of good moral character as determined in accordance with

the background investigation standards of the municipal police training

council pursuant to the provisions of section eight hundred forty of the

executive law.

1-a. Notwithstanding the provisions of any other section of law,

general, special or local, should it be determined by the appointing

authority that a candidate does not meet the psychological fitness

requirements or lacks the good moral character standards set by the

municipal police training council pursuant to the provisions of section

eight hundred forty of the executive law, then the appointing authority

may request that the local civil service commissioner remove such

candidate from the eligible list. Upon receiving such request, the local

civil service commissioner shall comply forthwith.

1-b. Notwithstanding the provisions of any other section of law,

general, special or local, in political subdivisions maintaining a

police department serving a population of one hundred fifty thousand or

less, no person shall be eligible for appointment nor shall they be

appointed to any rank above the rank of police officer unless they have

been appointed a police officer from an eligible list established

according to merit and fitness as provided by section six of article

five of the constitution of the state of New York or has previously

served as a member of the New York state police.

1-c. Notwithstanding the provisions of any other section of law,

general, special or local, any political subdivision maintaining a

police department serving a population of one hundred fifty thousand or

less and with positions for more than four full-time police officers,

shall maintain the office of chief of police.

2. The provisions of this section shall not prevent any county, city,

town, village, housing authority, transit authority, police district or

the department of environmental conservation from setting more

restrictive requirements of eligibility for its police officers.

3. As used in this section, the term "police officer" means a police

officer in the department of environmental conservation, the state

university police, a member of the regional state park police or a

police force, police department, or other organization of a county,

city, town, village, housing authority, transit authority or police

district, who is responsible for the prevention and detection of crime

and the enforcement of the general criminal laws of the state, but shall

not include any person serving as such solely by virtue of occupying any

other office or position, nor shall such term include a sheriff,

under-sheriff, commissioner of police, deputy or assistant commissioner

of police, chief of police, deputy or assistant chief of police or any

person having an equivalent title who is appointed or employed to

exercise equivalent supervisory authority.

4. (a) Any person who has received permanent appointment in the

competitive class of the civil service as a police officer of the

regional state park police, the state university of New York police, the

department of environmental conservation or any police force or police

department of any county, city, town, village, housing authority,

transit authority or police district shall be eligible to resign from

any police force or police department and, subject to such civil service

rules as may be applicable, shall be eligible for reinstatement in the

same police force or police department or in any other police force or

police department to which they were eligible for transfer, without

satisfying the age requirements set forth in paragraph (a) of

subdivision one of this section at the time of such reinstatement,

provided such reinstatement occurs within one year of the date of

resignation.

(b) (i) Legislative findings and declaration. The legislature hereby

finds and declares that it is frequently impracticable to ascertain

fitness for the positions of detective and investigator within various

police or sheriffs departments around the state by means of a

competitive examination due to the unique nature of the duties assigned

and the intangible personal qualities needed to perform such duties. The

legislature further finds that competitive examination has never been

employed in many police, correction or sheriffs departments, to

ascertain fitness for the positions of detective and investigator within

such police, correction or sheriffs departments; such fitness has always

been determined by evaluation of the capabilities of an individual (who

has in any case received permanent appointment to the position of police

officer, correction officer of any rank or deputy sheriff) by

supervisory personnel. The legislature further finds that an individual

who performs in an investigatory position in a manner sufficiently

satisfactory to the appropriate supervisors to hold such an assignment

for a period of eighteen months, has demonstrated fitness for the

position of detective or investigator within such police, correction or

sheriffs department at least as sufficiently as could be ascertained by

means of a competitive examination.

(ii) Notwithstanding any other provision of law, in any jurisdiction,

other than a city with a population of one million or more or the state

department of corrections and community supervision, which does not

administer examinations for designation to detective or investigator,

any person who has received permanent appointment to the position of

police officer, correction officer of any rank or deputy sheriff and is

temporarily assigned to perform the duties of detective or investigator

shall, whenever such assignment to the duties of a detective or

investigator exceeds eighteen months, be permanently designated as a

detective or investigator and receive the compensation ordinarily paid

to persons in such designation.

(iii) Nothing contained in subparagraph (ii) of this paragraph shall

be construed to limit any jurisdiction's ability to administer

examinations for appointment to the positions of detective and

investigator, provided however that any person temporarily assigned to

perform the duties of detective or investigator within the period

commencing September twenty-third, nineteen hundred ninety-three through

and including the date upon which this paragraph shall have become a law

and who has not been designated as a detective or investigator and who

has not been subject to an examination for which there is a certified

eligible list, shall be permanently designated as a detective or

investigator whenever such assignment to the duties of detective or

investigator exceeds eighteen months.

(iv) Detectives and investigators designated since September

twenty-third, nineteen hundred ninety and prior to February

twenty-fourth, nineteen hundred ninety-five by any state, county, town,

village or city (other than a city with a population of one million or

more or the state department of corrections and community supervision)

police, correction or sheriffs department, pursuant to the provisions of

this paragraph in effect during such period, who continue to serve in

such positions, shall retain their detective or investigator status

without any right to retroactive financial entitlement.

5. The provisions of this section shall not apply to the investigatory

personnel of the office of the district attorney in any county,

including any county within the city of New York.

6. The provisions of this section shall not apply to any individual

holding the position of deputy sheriff in Westchester county prior to

July first, nineteen hundred seventy-nine upon the transfer of such

individual to service in the Westchester county department of public

safety services.

Requirements for provisional or permanent appointment of

certain fire fighters. 1. Notwithstanding any other provision of this

law or any general, special or local law to the contrary, no person

shall be eligible for provisional or permanent appointment in the

competitive class of the civil service as a fire fighter unless he or

she shall satisfy the basic requirements for education, health and

physical fitness established by the state fire administrator pursuant to

section one hundred fifty-eight of the executive law.

2. Notwithstanding the provisions of subdivision one of this section,

upon the request of a municipal commission having jurisdiction over a

fire department and upon a showing by such municipal commission and a

determination by the state commission that aggravated recruitment

difficulties are causing a serious shortage of fire fighters in such

fire department and that such municipal commission and all appropriate

authorities are making diligent efforts, including payment of adequate

compensation, to overcome such recruitment difficulties, the state

commission, with the approval of the state fire administrator, may

change the educational, health and physical fitness requirements for

provisional and permanent appointment as a fire fighter in such fire

department for a period not exceeding two years from the date of such

determination. Such changes may be authorized for an additional period

not exceeding two years, upon a showing and a determination similar to

that required hereunder for the original authorization.

3. The provisions of this section shall not prevent the establishment

of more restrictive local requirements for eligibility for fire

fighters.

4. For the purposes of this section fire fighter means a member of a

fire department whose duties include fire service as the phrase fire

service is defined in paragraph d of subdivision eleven of section three

hundred two of the retirement and social security law.

5. Any person whose name was on an eligible list for appointment in

the competitive class of the civil service as a fire fighter on the date

educational, health and physical fitness requirements for fire fighters

are promulgated by the state fire administrator pursuant to section one

hundred fifty-eight of the executive law, shall continue to remain

eligible for appointment from such list during the life of such list

without satisfying such requirements provided he or she would otherwise

have remained eligible for appointment from such list if this section

had not been enacted.

6. The provisions of this section shall not apply to appointments made

by any county, city, town, village or fire district which employs five

or fewer fire fighters.

7. Notwithstanding any other provision of this law or any general,

special or local law to the contrary, no person shall be eligible for

provisional or permanent appointment as a fire chief other than those

chiefs employed by a fire department of cities with a population of one

million or more unless he or she shall:

(a) satisfy the basic requirements for education, health and physical

fitness established by the state fire administrator pursuant to section

one hundred fifty-eight of the executive law; and

(b) has successfully completed training and education requirements

established by the state fire administrator.

Placement of county sheriffs' personnel in classified service.

1. The legislature hereby finds that the continued, uninterrupted,

adequate and efficient operation of the sheriff's department in counties

in New York state outside the city of New York is necessary for the

general welfare of the people of such counties; that such adequate

operation involves and requires personnel with highly specialized

ability, skill, training and knowledge, integrated and unified by

practical experience; that the January first, nineteen hundred ninety

amendment to subdivision (a) of section thirteen of article thirteen of

the New York state constitution brings appointees of a county sheriff

into the classified service of the civil service; that to require

competitive examination for valid appointment of appointees of the

county sheriff within the classified service would irreparably

disorganize county sheriffs' departments and endanger the public safety,

interrupt the continuance and performance of the important services

performed by such sheriff's departments, and place an undue financial

burden on their respective counties.

2. Notwithstanding the provisions of this chapter or any provisions to

the contrary contained in any general, special, or local laws, all

lawful appointees of a county sheriff employed as of the effective date

of this section whose employments hereinbefore were considered not to be

subject to the civil service law, shall continue to hold their positions

without further examination or qualification and shall have all the

rights and privileges of the jurisdictional classification to which such

positions may be allocated in the classified service of the county in

which they are employed.

Placement of detectives and investigators in classified

service. 1. The legislature hereby finds and declares that the

continued, uninterrupted, adequate and efficient operation of detective

and investigative units in local police, correction or sheriffs

departments is necessary for the general welfare of the people; that

such adequate operation involves and requires personnel with highly

specialized ability, skill, training, and knowledge; that local civil

service commissions may decide to classify such positions where they

constitute bona fide civil service positions as evidenced by factors

including enhanced pay, benefits, and dignity of position; that while

competitive examination has been deemed practicable for certain

detective and investigator positions, to require such examination for

valid appointment of current long standing employees would irreparably

disorganize detective or investigative operations, endanger the public

safety, interrupt the continuity and effective performance of important

investigatory operations.

2. Notwithstanding the provisions of this chapter or any provisions to

the contrary contained in any general, special, or local laws, any

person holding a permanent competitive class appointment as a police

officer, correction officer of any rank or deputy sheriff in a police

force, police department or sheriffs department in a jurisdiction other

than a city with a population of one million or more or the state

department of corrections and community supervision, who was serving in

a detective or investigator capacity, as designated by such police

force, police department or sheriffs department, on the date such

position was classified by the local civil service commission having

jurisdiction and for at least eighteen months immediately preceding such

date, shall receive a permanent appointment to a detective or

investigator position, in such title as may be properly classified by

the local civil service commission having jurisdiction, without further

examination or qualifications and shall have all the rights and

privileges of the jurisdictional class to which such position may be

allocated.

Promotions of supervisory personnel of the emergency medical

service. 1. The legislature hereby finds and declares that the

continued, uninterrupted, adequate and efficient operation of emergency

medical services is necessary for the general welfare of the people;

that such adequate operation involves and requires personnel with highly

specialized ability, skill, training and knowledge, which necessitate

that vacancies in the emergency medical services in the positions of

Supervising Emergency Medical Service Specialist Level II (Captains),

Deputy Chief, Division Chief, and Division Commander, shall be filled as

far as practicable by promotion from among persons holding competitive

class positions in a lower grade in the department in which the vacancy

exists, provided that such lower grade positions are in direct line of

promotion, as determined by the department or municipal commission.

2. Promotion shall be based on merit and fitness as determined by

competitive examination, due weight being given to seniority. The

previous training and experience of the candidates, and performance

ratings where available, may be considered and given due weight as

factors in determining the relative merit and fitness of candidates for

promotion.

3. Any permanent competitive employee holding a provisional or

discretionary appointment in the affected supervisory titles of the

emergency medical service described in subdivision one of this section

shall be given the opportunity to participate in a competitive

promotional examination for the next higher level title.

4. Except as provided above, the provisions of this chapter shall

apply to employees covered by this section.

State employment of persons and veterans with disabilities

study. 1. The president shall conduct a comprehensive study analyzing

the effectiveness of sections fifty-five-b and fifty-five-c of this

title which deals with the employment of persons and veterans with

disabilities by the state and prepare and submit an annual report to the

speaker of the assembly, the minority leader of the assembly, the

temporary president of the senate, the minority leader of the senate and

the governor's office of employee relations, and make publicly available

on the department's website no later than one year after the effective

date of this section, and every year thereafter.

2. Such report shall include but not be limited to:

(a) the number of persons with a letter of eligibility under sections

fifty-five-b and fifty-five-c of this title that have received a civil

service appointment;

(b) the number of persons at the time of the report who have received

a letter of eligibility from the department certifying they are eligible

to be appointed in accordance with sections fifty-five-b and

fifty-five-c of this title;

(c) the number of persons with a physical or mental disability

appointed in accordance with sections fifty-five-b and fifty-five-c of

this title that have taken a promotional examination including the

number of such persons that have taken a promotional examination within

the last five years;

(d) a determination as to whether the state is underutilizing the

provisions of such sections based on such findings from the report;

(e) an assessment of whether the state offers any additional programs

run by the state with the mission to increase the employment of people

with disabilities, including, but not limited to: Adult Career and

Continuing Ed Services (ACCES-VR) within the education department and

the office for people with developmental disabilities' supported

employment services programs; and

(f) recommendations based on the findings from the report as to

whether the state can take additional action to market or inform the

public of state job opportunities for persons and veterans with

disabilities and if so, what specific actions should be taken.

3. For the purposes of this section, the president may conduct such

study in conjunction with any other department, division, board, bureau,

commission, agency, or public authority of the state deemed necessary.

To the maximum extent feasible, the president shall be authorized to

request, receive, and utilize such resources and data of any other

department, division, board, bureau, commission, agency, or public

authority of the state as he or she may reasonably request to properly

carry his or her powers and duties pursuant to this section.

4. The president shall promulgate rules and regulations as may be

necessary to effectuate the provisions of this section.

*§ 59-d. Public posting of employment opportunities. The department

shall make publicly available on its website all employment

opportunities in the civil service of the state and information on

obtaining employment with the state, including, but not limited to,

vacancies in the competitive, non-competitive and labor jurisdictional

classes, announcements for upcoming open-competitive and promotional

examinations, test application instructions, and designations of which

employment opportunities are eligible to be filled by individuals with

disabilities and veterans with disabilities, including whether such

positions may be filled on a full-time or part-time basis, pursuant to

section fifty-five-b and section fifty-five-c, as amended by a chapter

of the laws of two thousand twenty-three, of this title. The president

shall work in conjunction with the New York state department of labor

and the governor's office of employee relations in order to effectuate

the provisions of this section.

* NB Effective until December 31, 2027 OR thirty days after the

commissioner of civil service certifies that the department's website is

able to accommodate the amendments to section 59-d of the civil service

law made by chapter 664 of 2025, whichever occurs earlier

* § 59-d. Public posting of employment opportunities. 1. For the

purposes of this section, the term "municipality" shall mean a village,

town, city, or county.

2. The department shall make publicly available on its website all

employment opportunities in the civil service of the state and

information on obtaining employment with the state, including, but not

limited to, vacancies in the competitive, non-competitive and labor

jurisdictional classes, announcements for upcoming open-competitive and

promotional examinations, test application instructions, and

designations of which employment opportunities are eligible to be filled

by individuals with disabilities and veterans with disabilities,

including whether such positions may be filled on a full-time or

part-time basis, pursuant to section fifty-five-b and section

fifty-five-c, as amended by a chapter of the laws of two thousand

twenty-three, of this title.

3. The department shall provide municipalities in the state with the

ability to post municipal employment opportunities on the same website

of the department under which state civil service positions are posted

pursuant to subdivision two of this section, including all other

relevant information as described under subdivision two of this section.

Such municipal employment opportunities shall be posted in a format

where job seekers may search by municipality and municipal employment

position type.

4. The president shall work in conjunction with the New York state

department of labor, the governor's office of employee relations, and

municipalities seeking to post municipal employment positions pursuant

to subdivision three of this section, in order to effectuate the

provisions of this section.

* NB Effective December 31, 2027 OR thirty days after the commissioner

of civil service certifies that the department's website is able to

accommodate the amendments to section 59-d of the civil service law made

by chapter 664 of 2025, whichever occurs earlier

Certification of eligible lists. 1. Certification of eligibles

from prior list. When an eligible list has been in existence for less

than one year and contains the names of less than three persons willing

to accept appointment, and a new list for the same position or group of

positions is established, the names of the persons remaining on the old

list shall have preference in certification over the new list until such

old list is one year old, and during such period such names shall be

certified along with enough names from the new list to provide the

appointing officer with a sufficient number of eligibles from which

selection for appointment may be made. Where an old list which has been

in existence for one year or more is continued upon the establishment of

a new list which contains less than three names, the civil service

department or a municipal commission may certify the names on the old

list along with enough names from the new list to provide the appointing

officer with a sufficient number of eligibles from which selection for

appointment may be made.

2. Certification on basis of sex. The state department of civil

service or the municipal commission having jurisdiction may limit

certification from an eligible list to one sex when the duties of the

position involved relate to the institutional or other custody or care

of persons of the same sex, or visitation, inspection or work of any

kind the nature of which requires sex selection.

3. Certification of lists for state positions. Certifications for

appointments to positions in the state service, regardless of the

location thereof, shall be made from the state-wide lists of eligibles;

provided, however, that the state civil service department may, wherever

practicable, certify from an appropriate eligible list for appointment

to a state position, in any locality outside Albany county, residents of

the county or judicial district including such locality, or of any

combination of counties or judicial districts including such locality,

as determined by such department. Notice of the proposed certification

of eligibles by local residence in accordance with the provisions of

this subdivision shall be included in the announcement of examination.

Upon the exhaustion of the list of local residents certified to a

position in the state service in a particular locality pursuant to the

provisions of this subdivision, the state-wide list of eligibles shall

be certified to fill vacancies in such position in such locality.

Appointment and promotion. 1. Appointment or promotion from

eligible lists. Appointment or promotion from an eligible list to a

position in the competitive class shall be made by the selection of one

of the three persons certified by the appropriate civil service

commission as standing highest on such eligible list who are willing to

accept such appointment or promotion; provided, however, that the state

or a municipal commission may provide, by rule, that where it is

necessary to break ties among eligibles having the same final

examination ratings in order to determine their respective standings on

the eligible list, appointment or promotion may be made by the selection

of any eligible whose final examination rating is equal to or higher

than the final examination rating of the third highest standing eligible

willing to accept such appointment or promotion. Appointments and

promotions shall be made from the eligible list most nearly appropriate

for the position to be filled.

2. Prohibition against out-of-title work. No person shall be

appointed, promoted or employed under any title not appropriate to the

duties to be performed and, except upon assignment by proper authority

during the continuance of a temporary emergency situation, no person

shall be assigned to perform the duties of any position unless he has

been duly appointed, promoted, transferred or reinstated to such

position in accordance with the provisions of this chapter and the rules

prescribed thereunder. No credit shall be granted in a promotion

examination for out-of-title work.

3. Notification to eligible candidates. Persons on an eligible list

who are certified pursuant to section sixty of this chapter and are

considered and not selected for appointment or promotion pursuant to

this section shall, whenever another candidate is appointed or promoted,

be given or sent written notice by the appointing authority of such

non-selection. In a city containing more than one county, persons on an

eligible list who are made ineligible for further certification pursuant

to a rule of the appropriate municipal commission shall be given or sent

written notice of such ineligibility. Sending written notice by ordinary

mail to the last address of record shall be adequate to comply with the

requirements of this subdivision.

* 4. Appointment and promotion letter. (a) An appointing authority who

extends an offer of appointment or promotion to a position in the

classified service to any person shall provide such person with an

appointment letter within fourteen days of the effective date of such

appointment. Such appointment letter shall include:

(i) the appointment type being offered, whether permanent,

provisional, temporary, temporary pending commission approval, or any

other appointment type authorized by law, rule, or regulation;

(ii) the position type and, if the position is not a permanent

position, the expected duration of the appointment, and, if the position

is not a full-time position, the expected percentage of time at work per

week;

(iii) the jurisdictional class of the position;

(iv) if a probationary period is required upon appointment, the

minimum and maximum duration of such period and information regarding an

appointee's tenure rights, if any, upon completion of the probationary

period;

(v) the starting salary or wages that the person would earn upon

appointment, provided that such salary or wages shall be specific to the

individual being offered appointment, and the full salary range of the

title;

(vi) if the individual to whom appointment is offered has prior graded

service at a higher salary grade than the position to which an offer of

appointment has been made, an explanation of how such individual's

salary shall be reduced upon appointment, if any;

(vii) the bargaining unit representing the title to which such person

is being appointed and, if applicable, the contact information or

website of the employee organization that represents the bargaining unit

of such position pursuant to article fourteen of this chapter;

(viii) if the offer of appointment is to a trainee title:

(1) the length of the traineeship;

(2) the title and salary grade of the performance level to which such

traineeship advances;

(3) all requirements that a trainee must meet to be advanced;

(4) the schedule of performance reviews for such traineeship; and

(5) information regarding performance advances during such

traineeship;

(ix) if the person offered appointment would have a hold item on

another position from which they were placed on leave at the time of

appointment, information regarding the date at which such hold would

expire and circumstances under which the appointee would be eligible to

return to the hold; and

(x) information regarding employee benefits and links to applicable

websites, including, but not limited to:

(1) health insurance, dental and other health related benefits

provided by the employer;

(2) retirement system membership and benefits;

(3) the New York state deferred compensation plan; and

(4) any other information required by law, rule, or regulation, and

any information that the appointing authority deems reasonable to

include.

(b) If an appointee who receives an appointment or promotion letter

believes any of the information contained therein to be incorrect, such

appointee shall be permitted to notify the appointing authority of such

error and, upon notification, the appointing authority shall review the

concern to determine if any information contained therein is incorrect.

If any information contained therein is deemed by the appointing

authority to be incorrect, the appointing authority shall reissue the

appointment or promotion letter to the appointee containing any

corrections necessary to ensure that all information contained therein

is correct within sixty days of notification by the appointee. If the

appointing authority finds no errors in the appointment or promotion

letter, the appointing authority shall inform the appointee that the

information is correct.

* NB Effective December 31, 2027 OR thirty days after the commissioner

of civil service certifies that the department's computer system is able

to accommodate the amendments to section 61 of the civil service law

made by chapter 657 of 2025, whichever occurs earlier

Constitutional oath upon appointment. Every person employed by

the state or any of its civil divisions, except an employee in the labor

class, before he shall be entitled to enter upon the discharge of any of

his duties, shall take and file an oath or affirmation in the form and

language prescribed by the constitution for executive, legislative and

judicial officers, which may be administered by any officer authorized

to take the acknowledgment of the execution of a deed of real property,

or by an officer in whose office the oath is required to be filed. In

lieu of such oath administered by an officer, an employee may comply

with the requirements of this section by subscribing and filing the

following statement: "I do hereby pledge and declare that I will support

the constitution of the United States, and the constitution of the state

of New York, and that I will faithfully discharge the duties of the

position of ............, according to the best of my ability. " Such

oath or statement shall be required only upon original appointment or

upon a new appointment following an interruption of continuous service,

and shall not be required upon promotion, demotion, transfer, or other

change of title during the continued service of the employee, or upon

the reinstatement pursuant to law or rules of an employee whose services

have been terminated and whose last executed oath or statement is on

file. The oath of office heretofore taken by any employee as previously

required by law, and the oath of office hereafter taken or statement

hereafter subscribed by any employee pursuant to this section, shall

extend to and encompass any position or title in which such person may

serve as an employee during the period of his continuous service

following the taking of such oath or subscribing of such statement, and

his acceptance of such new title shall constitute a reaffirmance of such

oath or statement. The oath or statement of every state employee shall

be filed in the office of the secretary of state, of every employee of a

municipal corporation with the clerk thereof, and of every other

employee, including the employees of a public library and the employees

of boards of cooperative educational services, if no place be otherwise

provided by law, in the office of the clerk of the county in which he

shall reside. The refusal or wilful failure of such employee to take and

file such oath or subscribe and file such statement shall terminate his

employment until such oath shall be taken and filed or statement

subscribed and filed as herein provided.

An enrolled member of an Indian nation or an Indian individual having

an affiliation with an Indian nation recognized by the United States or

the state of New York may elect to comply with the requirements of this

section by instead subscribing and filing the following statement:

"I do solemnly affirm that I will faithfully discharge the duties of

the position of according to the best of my ability, and

perform my duties in a manner consistent with the constitution of the

United States and the constitution of the state of New York."

Probationary term. 1. Every original appointment to a position

in the competitive class and every interdepartmental promotion from a

position in one department or agency to a position in another department

or agency shall be for a probationary term; provided, however, that upon

interdepartmental promotion the appointing officer may waive the

requirement of satisfactory completion of the probationary term. The

state civil service commission and municipal civil service commissions

may provide, by rule, for probationary service upon intradepartmental

promotion to positions in the competitive class and upon appointment to

positions in the exempt, non-competitive or labor classes.

When probationary service is required upon promotion, the position

formerly held by the person promoted shall be held open and shall not be

filled, except on a temporary basis, pending completion of his

probationary term.

Notwithstanding the foregoing or any other law or rule to the

contrary, when a permanent appointment or promotion to a position in the

competitive class is conditioned upon the completion of a term of

training service or of a period of service in a designated trainee

title, such service and the probationary term for such competitive

position shall run concurrently.

Notwithstanding the foregoing or any law or rule to the contrary, any

person appointed provisionally in accordance with section sixty-five of

this title who receives a permanent appointment to the same title

immediately following the provisional appointment shall have all time

spent as a provisional appointment credited to any probationary term

that is required upon permanent appointment to a position.

2. The state civil service commission and municipal civil service

commissions shall, subject to the provisions of this section, provide by

rule for the conditions and extent of probationary service.

Temporary appointments. 1. Temporary appointments authorized;

duration. A temporary appointment may be made for a period not

exceeding three months when the need for such service is important and

urgent. A temporary appointment may be made for a period exceeding

three months under the following circumstances only:

(a) when an employee is on leave of absence from his position, a

temporary appointment to such position may be made for a period not

exceeding the authorized duration of such leave of absence as prescribed

by statute or rule;

(b) a temporary appointment may be made for a period not exceeding six

months when it is found by the state civil service department or

appropriate municipal civil service commission, upon due inquiry, that

the position to which such appointment is proposed will not continue in

existence for a longer period; provided, however, that where a temporary

appointment is made to a position originally expected to exist for no

longer than six months and it subsequently develops that such position

will remain in existence beyond such six-month period, such temporary

appointment may be extended, with the approval of the state civil

service department or municipal civil service commission having

jurisdiction, for a further period not to exceed an additional six

months;

(c) when the department of civil service or appropriate municipal

civil service commission of any city containing more than one county

finds that a reduction or abolition of positions in the state service or

such city service is planned or imminent and that such reduction or

abolition of positions will probably result in the suspension or

demotion of permanent employees, such department or commission may

authorize temporary instead of permanent appointments to be made for a

period not exceeding one year in positions in state service or such city

service to which permanent employees to be affected by such abolition or

reduction of positions will be eligible for transfer or reassignment.

Successive temporary appointments shall not be made to the same

position after the expiration of the authorized period of the original

temporary appointment to such position.

2. Temporary appointments from eligible lists. A temporary appointment

for a period not exceeding three months may be made without regard to

existing eligible lists. A temporary appointment for a period exceeding

three months but not exceeding six months may be by the selection of a

person from an appropriate eligible list, if available, without regard

to the relative standing of such person on such list. Any further

temporary appointment beyond such six month period or any temporary

appointment originally made for a period exceeding six months shall be

made by the selection of an appointee from among those graded highest on

an appropriate eligible list, if available.

3. Temporary appointments without examination in exceptional cases.

Notwithstanding the provisions of subdivisions one and two of this

section, the civil service department or municipal commission having

jurisdiction may authorize a temporary appointment, without examination,

when the person appointed will render professional, scientific,

technical or other expert services (1) on an occasional basis or (2) on

a full-time or regular part-time basis in a temporary position

established to conduct a special study or project for a period not

exceeding eighteen months. Such appointment may be authorized only in a

case where, because of the nature of the services to be rendered and the

temporary or occasional character of such services, it would not be

practicable to hold an examination of any kind.

4. The state and municipal civil service commissions may, by rule,

provide for the extension of some or all of the rights and benefits of

permanent status to an employee who is appointed or promoted, after

having qualified therefor in the same manner as required for permanent

appointment or promotion, to a position left temporarily vacant by the

leave of absence of the permanent incumbent thereof. Such rights and

benefits shall be subject to such conditions and limitations as may be

prescribed in the rules.

Provisional appointments. 1. Provisional appointments

authorized. Whenever there is no appropriate eligible list available

for filling a vacancy in the competitive class, the appointing officer

may nominate a person to the state civil service department or municipal

commission for non-competitive examination, and if such nominee shall be

certified by such department or municipal commission as qualified after

such non-competitive examination, he may be appointed provisionally to

fill such vacancy until a selection and appointment can be made after

competitive examination. Such non-competitive examination may consist of

a review and evaluation of the training, experience and other

qualifications of the nominee, without written, oral or other

performance tests.

2. Time limitation on provisional appointments. No provisional

appointment shall continue for a period in excess of nine months. The

civil service department shall for competitive positions within its

jurisdiction, and a municipal civil service commission shall for

competitive positions within its jurisdiction, order a civil service

examination for any position held by provisional appointment for a

period of one month and such department or commission shall conduct a

civil service examination, or see that such an examination is conducted,

as soon as practicable thereafter, in order to prevent the provisional

appointment from continuing for a period in excess of nine months.

3. Termination of provisional appointments. A provisional appointment

to any position shall be terminated within two months following the

establishment of an appropriate eligible list for filling vacancies in

such positions; provided, however, that where there are a large number

of provisional appointees in any department or agency in the service of

the state or any civil division thereof to be replaced by permanent

appointees from a newly established eligible list, and the appointing

officer or body deems that the termination of the employment of all such

provisional appointees within two months following establishment of such

list would disrupt or impair essential public services, evidence thereof

may be presented to the civil service department or municipal commission

having jurisdiction which, after due inquiry, and upon finding that it

is in the best interest of the public service, may waive the provisions

of this subdivision requiring the termination of the employment of

provisional appointees within two months following the establishment of

an appropriate eligible list and authorize the termination of the

employment of various numbers of such provisional appointees at stated

intervals prescribed by such commission; provided, however, that in no

case shall the employment of any such provisional appointee be continued

longer than four months following the establishment of such eligible

list.

4. Successive provisional appointments. Successive provisional

appointments shall not be made to the same position after the expiration

of the authorized period of the original provisional appointment to such

position; provided, however, that where an examination for a position or

group of positions fails to produce a list adequate to fill all

positions then held on a provisional basis, or where such list is

exhausted immediately following its establishment, a new provisional

appointment may be made to any such position remaining unfilled by

permanent appointment, and such new provisional appointment may, in the

discretion of the appointing authority, be given to a current or former

provisional appointee in such position, except that a current or former

provisional appointee who becomes eligible for permanent appointment to

any such position shall, if he is then to be continued in or appointed

to any such position be afforded permanent appointment to such position.

Transfers. 1. General provisions. Except as provided in

subdivisions four, six and seven of this section no employee shall be

transferred to a position for which there is required by this chapter or

the rules established hereunder an examination involving essential tests

or qualifications different from or higher than those required for the

position held by such employee. The state and municipal commissions may

adopt rules governing transfers between positions in their respective

jurisdictions and may also adopt reciprocal rules providing for the

transfer of employees from one governmental jurisdiction to another. No

employee shall be transferred without his or her consent except as

provided in subdivision six or seven of this section or upon the

transfer of functions as provided in subdivision two of this section.

2. Transfer of personnel upon transfer of functions. Upon the transfer

of a function (a) from one department or agency of the state to another

department or agency of the state, or (b) from one department or agency

of a civil division of the state to another department or agency of such

civil division, or (c) from one civil division of the state to another

civil division of the state, or (d) from a civil division of the state

to the state, or vice versa, provision shall be made for the transfer of

necessary officers and employees who are substantially engaged in the

performance of the function to be transferred. As soon as practicable

after the adoption of a law, rule, order or other action directing such

a transfer of function, but not less than twenty days prior to the

effective date of such transfer, the head of the department or agency

from which such function is to be transferred shall certify to the head

of the department or agency to which such function is to be transferred

a list of the names and titles of those employees substantially engaged

in the performance of the function to be transferred, and shall cause

copies of such certified list to be publicly and conspicuously posted in

the offices of the department or agency from which such function is to

be transferred, along with copies of this subdivision. Any employee of

the department or agency from which such function is to be transferred

may, prior to the effective date of such transfer, protest his or her

inclusion in or exclusion from such list by giving notice of such

protest in writing addressed to the heads of the respective departments

or agencies from which and to which transfer is to be made, which notice

shall state the reasons for the protest. The head of the department or

agency to which such function is to be transferred shall review the

protest and after consultation with the head of the department or agency

from which such function is to be transferred notify the protestor

within ten days from the receipt of such protest of the determination

with respect to such protest. Such determination shall be a final

administrative determination. Failure to make such protest shall be

deemed to constitute consent to inclusion in or exclusion from, as the

case may be, the certified list of employees engaged in the function to

be transferred. Officers and employees so transferred shall be

transferred without further examination or qualification, and shall

retain their respective civil service classifications and status. For

the purpose of determining the officers and employees holding permanent

appointments in competitive class positions to be transferred, such

officers and employees shall be selected within each grade of each class

of positions in the order of their original appointment, with due regard

to the right of preference in retention of disabled and non-disabled

veterans. Any employee who fails to respond to or accept a written offer

of transfer from the department or agency to which such function is to

be transferred within ten days after receipt of such offer shall be

deemed to have waived entitlement to such transfer. All officers and

employees so transferred shall, thereafter, be subject to the rules of

the civil service commission having jurisdiction over the agency to

which transfer is made. Officers and employees holding permanent

appointments in competitive class positions who are not so transferred

shall have their names entered upon an appropriate preferred list for

reinstatement to the same or similar positions in the service of the

governmental jurisdiction from which transfer is made and in the office

or agency to which such function is transferred. Officers and employees

transferred to another governmental jurisdiction pursuant to the

provisions of this subdivision shall be entitled to full seniority

credit for all purposes for service rendered prior to such transfer in

the governmental jurisdiction from which transfer is made. Except where

such transferred officers and employees are entitled, pursuant to a

special law or a rule adopted pursuant to law, to credit upon transfer

for their unused vacation or annual leave and sick leave, the officer or

body having authority to adopt provisions governing vacation or annual

leave and sick leave applicable to the department or agency to which

transfer is made may, after giving due consideration to the similarities

and differences between the provisions governing vacation or annual

leave and sick leave in the respective jurisdictions from which and to

which transfer is made, allow employees transferred hereunder credit for

all or part of the unused vacation or annual leave and sick leave

standing to their credit at the time of transfer, as may be determined

equitable, but not in excess of the maximum accumulation permitted in

the jurisdiction to which transfer is made. Unused vacation or annual

leave not credited by the jurisdiction to which transfer is made may be

compensated for to the extent, if any, such compensation is authorized

by other law.

4. Transfer and change of title. Notwithstanding the provisions of

subdivision one of this section or any other provision of law, any

permanent employee in the competitive class who meets all of the

requirements for a competitive examination, and is otherwise qualified

as determined by the state civil service commission or the municipal

civil service commission, as the case may be, shall be eligible for

participation in a non-competitive examination in a different position

classification, provided, however, that such employee is holding a

position in a similar grade.

5. (a) Where, because of economy, consolidation or abolition of

functions, curtailment of activities or otherwise, a police department

of any county, city, town, village, district, commission, authority or

public benefit corporation is dissolved or abolished and the functions

of such department are assumed by another police agency by contractual

agreement or payment or taxation therefor, the provisions of this

section shall apply.

(b) For the purposes of this subdivision:

(1) The term "police agency" shall mean any agency or department of a

county, city, town, village, district, commission, authority or public

benefit corporation having responsibility for enforcing the criminal

laws of the state.

(2) The term "police agency" or "police department" shall not be

construed to include the police department of a city of one million or

more persons, the police department of a housing authority of a city of

one million or more persons, or the police department established

pursuant to the provisions of section one thousand two hundred four of

the public authorities law.

6. Transfer of personnel. Notwithstanding the provisions of

subdivision one of this section or any other provision of law, any city

having a population of one million or more may by agreement negotiated

between such city and an employee organization pursuant to article

fourteen of this chapter provide for the involuntary transfer of

employees between city agencies. For purposes of this subdivision, the

term "city agency" shall include any school district, public authority,

commission or other instrumentality of government on whose behalf such

city is authorized to negotiate collective bargaining agreements.

7. Transfer of Suffolk county park officers levels I-IV to the

positions of Suffolk county police officers. Notwithstanding the

provisions of subdivision one of this section or any other provision of

law, the county of Suffolk may, by agreement negotiated between such

county and an employee organization pursuant to article fourteen of this

chapter, provide for the transfer of now existing Suffolk county parks

police officers levels I-IV to positions of Suffolk county police

officers. The transfer of now existing positions may be effectuated

without regard to any eligible lists or preferred lists for

reinstatement.

Reinstatement after separation for disability. Where an employee

has been separated from the service by reason of a disability resulting

from occupational injury or disease as defined in the workmen's

compensation law, he or she shall be entitled to a leave of absence for

at least one year, unless his or her disability is of such a nature as

to permanently incapacitate him or her for the performance of the duties

of his or her position. Notwithstanding the foregoing, where an employee

has been separated from the service by reason of a disability resulting

from an assault sustained in the course of his or her employment, he or

she shall be entitled to a leave of absence for at least two years,

unless his or her disability is of such a nature as to permanently

incapacitate him or her for the performance of the duties of his or her

position. Such employee may, within one year after the termination of

such disability, make application to the civil service department or

municipal commission having jurisdiction over the position last held by

such employee for a medical examination to be conducted by a medical

officer selected for that purpose by such department or commission. If,

upon such medical examination, such medical officer shall certify that

such person is physically and mentally fit to perform the duties of his

or her former position, he or she shall be reinstated to his or her

former position, if vacant, or to a vacancy in a similar position or a

position in a lower grade in the same occupational field, or to a vacant

position for which he or she was eligible for transfer. If no

appropriate vacancy shall exist to which reinstatement may be made, or

if the work load does not warrant the filling of such vacancy, the name

of such person shall be placed upon a preferred list for his or her

former position, and he or she shall be eligible for reinstatement from

such preferred list for a period of four years. In the event that such

person is reinstated to a position in a grade lower than that of his or

her former position, his or her name shall be placed on the preferred

eligible list for his or her former position or any similar position.

This section shall not be deemed to modify or supersede any other

provisions of law applicable to the re-employment of persons retired

from the public service on account of disability.

Leave for ordinary disability. 1. When in the judgment of an

appointing authority an employee is unable to perform the duties of such

employee's position by reason of a disability, other than a disability

resulting from occupational injury or disease as defined in the workers'

compensation law, the appointing authority may require such employee to

undergo a medical examination to be conducted by a medical officer

selected by the civil service department or municipal commission having

jurisdiction. Written notice of the facts providing the basis for the

judgment of the appointing authority that the employee is not fit to

perform the duties of such employee's position, and copies of any

written, electronic or other communication by the appointing authority

to a medical officer or any other entity regarding the claim that such

employee is unable to perform their duties pursuant to this section,

shall be provided to the employee, the authorized representative of such

employee and the civil service department or commission having

jurisdiction prior to the conduct of the medical examination. If, upon

such medical examination, such medical officer shall certify that such

employee is not physically or mentally fit to perform the duties of such

employee's position, the appointing authority shall notify such employee

that they may be placed on leave of absence. An employee placed on leave

of absence pursuant to this section shall be given a written statement

of the reasons therefor and complete copies of all of the documentation,

reports and records relied upon by the medical officer during their

examination, including any documents, reports and correspondence sent to

the appointing authority at the conclusion of the examination. Such

notice shall contain the reason for the proposed leave and the proposed

date on which such leave is to commence, shall be made in writing and

served in person or by first class, registered or certified mail, return

receipt requested, upon the employee. Such notice shall also inform the

employee of their rights under this procedure. An employee shall be

allowed ten working days from service of the notice to object to the

imposition of the proposed leave of absence and to request a hearing.

The request for such hearing shall be filed by the employee personally

or by first class, certified or registered mail, return receipt

requested. Upon receipt of such request, the appointing authority shall

supply to the employee, such employee's personal physician or authorized

representative, copies of all diagnoses, test results, observations and

other data supporting the certification, and imposition of the proposed

leave of absence shall be held in abeyance until a final determination

is made by the appointing authority as provided in this section. The

appointing authority will afford the employee a hearing within thirty

days of the date of a request by the employee to be held by an

independent hearing officer agreed to by the appointing authority and

the employee except that where the employer is a city of over one

million in population such hearing may be held by a hearing officer

employed by the office of administrative trials and hearings. If the

parties are unable to agree upon a hearing officer, such hearing officer

shall be selected by lot from a list of persons maintained by the state

department of civil service. The hearing officer shall not be an

employee of the same appointing authority as the employee alleged to be

disabled. The hearing officer shall be vested with all of the powers of

the appointing authority, and shall make a record of the hearing which

shall, with such hearing officer's recommendation, be referred to the

appointing authority for review and decision and which shall be provided

to the affected employee free of charge. A copy of the transcript of the

hearing shall, upon request of the employee affected, be transmitted to

such employee without charge. The employee may be represented at any

hearing by counsel or a representative of a certified or recognized

employee organization and may present medical experts and other

witnesses or evidence. The employee shall be entitled to a reasonable

period of time to obtain such representation. The burden of proving

mental or physical unfitness shall be upon the person alleging it.

Compliance with technical rules of evidence shall not be required. The

appointing authority will render a final determination within ten

working days of the date of receipt of the hearing officer's report and

recommendation. The appointing authority may either uphold the original

proposed notice of leave of absence, withdraw such notice or modify the

notice as appropriate. In any event, a final determination of an

employee's contest of a notice of leave shall be rendered within

seventy-five days of the receipt of the request for review. An employee

on such leave of absence shall be entitled to draw all accumulated,

unused sick leave, vacation, overtime and other time allowances standing

to such employee's credit. The appointing authority in the final

determination shall notify the employee of such employee's right to

appeal from such determination to the civil service commission having

jurisdiction in accordance with subdivision three of this section.

2. An employee placed on leave pursuant to subdivision one of this

section may, within one year after the date of commencement of such

leave of absence, or thereafter at any time until his or her employment

status is terminated, make application to the civil service department

or municipal commission having jurisdiction over the position from which

such employee is on leave, for a medical examination by a medical

officer selected for that purpose by such department or commission. If,

upon such medical examination, such medical officer shall certify that

such employee is physically and mentally fit to perform the duties of

his or her position, he or she shall be reinstated to his or her

position.

3. An employee who is certified as not physically or mentally fit to

perform the duties of his or her position and who is placed on leave of

absence pursuant to subdivision one of this section, or who is denied

reinstatement after examination pursuant to subdivision two of this

section, may appeal from such determination to the state or municipal

civil service commission having jurisdiction over his or her position.

Such employee and appointing officer or their representatives shall be

afforded an opportunity to present facts and arguments in support of

their positions including medical evidence at a time and place and in

such manner as may be prescribed by the commission. Provided however,

that in considering appeals pursuant to subdivision two of this section

where a hearing has not been held within nine months from the date of

notification pursuant to subdivision one of this section, the commission

shall designate an independent hearing officer who shall hold a hearing

and report thereon. The commission shall make its determination on the

basis of the medical records and such facts and arguments as are

presented to it. The final determination of the commission shall be

binding on both the employee and the appointing authority; provided,

however, that an employee or appointing authority may seek review of a

final determination of a commission in accordance with the provisions of

article seventy-eight of the civil practice law and rules.

4. If an employee placed on leave pursuant to this section is not

reinstated within one year after the date of commencement of such leave,

his or her employment status may be terminated in accordance with the

provisions of section seventy-three of this article.

5. Notwithstanding any other provisions of this section, if the

appointing authority determines that there is probable cause to believe

that the continued presence of the employee on the job represents a

potential danger to persons or property or would severely interfere with

operations, it may place such employee on involuntary leave of absence

immediately; provided, however, that the employee shall be entitled to

draw all accumulated unused sick leave, vacation, overtime and other

time allowances standing to his or her credit. If such an employee is

finally determined not to be physically or mentally unfit to perform the

duties of his or her position, he or she shall be restored to his or her

position and shall have any leave credits or salary that he or she may

have lost because of such involuntary leave of absence restored to him

or her less any compensation he or she may have earned in other

employment or occupation and any unemployment benefits he or she may

have received during such period.

Separation for ordinary disability; reinstatement. When an

employee has been continuously absent from and unable to perform the

duties of his position for one year or more by reason of a disability,

other than a disability resulting from occupational injury or disease as

defined in the workmen's compensation law, his employment status may be

terminated and his position may be filled by a permanent appointment.

Such employee may, within one year after the termination of such

disability, make application to the civil service department or

municipal commission having jurisdiction over the position last held by

such employee for a medical examination to be conducted by a medical

officer selected for that purpose by such department or commission. If,

upon such medical examination, such medical officer shall certify that

such person is physically and mentally fit to perform the duties of his

former position, he shall be reinstated to his former position, if

vacant, or to a vacancy in a similar position or a position in a lower

grade in the same occupational field in his former department or agency.

If no appropriate vacancy shall exist to which such reinstatement may be

made, or if the work load does not warrant the filling of such vacancy,

the name of such person shall be placed on a preferred list for his

former position in his former department or agency, and he shall be

eligible for reinstatement in his former department or agency from such

preferred list for a period of four years. In the event that such person

is reinstated to a position in a grade lower than that of his former

position, his name shall be placed on the preferred eligible list for

his former position or any similar position in his former department or

agency. This section shall not be deemed to modify or supersede any

other provisions of law applicable to the re-employment of persons

retired from the public service on account of disability.

Removal and other disciplinary action. 1. Removal and other

disciplinary action. A person described in paragraph (a) or paragraph

(b), or paragraph (c), or paragraph (d), or paragraph (e) of this

subdivision shall not be removed or otherwise subjected to any

disciplinary penalty provided in this section except for incompetency or

misconduct shown after a hearing upon stated charges pursuant to this

section.

(a) A person holding a position by permanent appointment in the

competitive class of the classified civil service, or

(b) a person holding a position by permanent appointment or employment

in the classified service of the state or in the several cities,

counties, towns, or villages thereof, or in any other political or civil

division of the state or of a municipality, or in the public school

service, or in any public or special district, or in the service of any

authority, commission or board, or in any other branch of public

service, who was honorably discharged or released under honorable

circumstances from the armed forces of the United States including (i)

having a qualifying condition as defined in section one of the veterans'

services law, and receiving a discharge other than bad conduct or

dishonorable from such service, or (ii) being a discharged LGBT veteran,

as defined in section one of the veterans' services law, and receiving a

discharge other than bad conduct or dishonorable from such service,

having served therein as such member in time of war as defined in

section eighty-five of this chapter, or who is an exempt volunteer

firefighter as defined in the general municipal law, except when a

person described in this paragraph holds the position of private

secretary, cashier or deputy of any official or department, or

(c) an employee holding a position in the non-competitive or labor

class other than a position designated in the rules of the state or

municipal civil service commission as confidential or requiring the

performance of functions influencing policy, who since his or her last

entry into service has completed at least five years of continuous

service in the non-competitive or labor class in a position or positions

not so designated in the rules as confidential or requiring the

performance of functions influencing policy, or

(d) an employee in the service of the City of New York holding a

position as Homemaker or Home Aide in the non-competitive class, who

since his last entry into city service has completed at least three

years of continuous service in such position in the non-competitive

class, or

(e) an employee in the service of a police department within the state

of New York holding the position of detective for a period of three

continuous years or more; provided, however, that a hearing shall not be

required when reduction in rank from said position is based solely on

reasons of the economy, consolidation or abolition of functions,

curtailment of activities or otherwise.

2. Procedure. An employee who at the time of questioning appears to be

a potential subject of disciplinary action shall have a right to

representation by his or her certified or recognized employee

organization under article fourteen of this chapter and shall be

notified in advance, in writing, of such right. A state employee who is

designated managerial or confidential under article fourteen of this

chapter, shall, at the time of questioning, where it appears that such

employee is a potential subject of disciplinary action, have a right to

representation and shall be notified in advance, in writing, of such

right. If representation is requested a reasonable period of time shall

be afforded to obtain such representation. If the employee is unable to

obtain representation within a reasonable period of time the employer

has the right to then question the employee. A hearing officer under

this section shall have the power to find that a reasonable period of

time was or was not afforded. In the event the hearing officer finds

that a reasonable period of time was not afforded then any and all

statements obtained from said questioning as well as any evidence or

information obtained as a result of said questioning shall be excluded,

provided, however, that this subdivision shall not modify or replace any

written collective agreement between a public employer and employee

organization negotiated pursuant to article fourteen of this chapter. A

person against whom removal or other disciplinary action is proposed

shall have written notice thereof and of the reasons therefor, shall be

furnished a copy of the charges preferred against him and shall be

allowed at least eight days for answering the same in writing. The

hearing upon such charges shall be held by the officer or body having

the power to remove the person against whom such charges are preferred,

or by a deputy or other person designated by such officer or body in

writing for that purpose. In case a deputy or other person is so

designated, he shall, for the purpose of such hearing, be vested with

all the powers of such officer or body and shall make a record of such

hearing which shall, with his recommendations, be referred to such

officer or body for review and decision. The person or persons holding

such hearing shall, upon the request of the person against whom charges

are preferred, permit him to be represented by counsel, or by a

representative of a recognized or certified employee organization, and

shall allow him to summon witnesses in his behalf. The burden of proving

incompetency or misconduct shall be upon the person alleging the same.

Compliance with technical rules of evidence shall not be required.

2-a. Independent hearing officer. (a) Notwithstanding any other

provision of law to the contrary, including but not limited to

subdivision four of section seventy-six of this title, any paid officer

or member of an organized fire company or fire department of a city of

less than one million population, or town, village or fire district who

is represented by a certified or recognized employee organization

pursuant to article fourteen of this chapter shall not be subjected to

the penalty of dismissal from service or any other discipline if the

hearing, upon such charge, has been conducted by someone other than an

independent hearing officer to be agreed to by the employer and the

person against whom disciplinary action is proposed. If the parties are

unable to agree upon a hearing officer, the hearing officer shall be

selected from a list of seven names to be provided by the public

employment relations board. The public employment relations board shall

maintain a list of independent hearing officers for this purpose. The

parties shall select the hearing officer by alternately striking names

from the list of seven. The hearing officer shall be vested with all

powers of the appointing authority, shall conduct and make a record of

the hearing, and shall render a final decision. The cost incurred in

obtaining such independent hearing officer shall be divided equally

between the parties; provided that as may be determined upon the

circumstances of the case, the hearing officer shall be authorized to

allocate such cost on the basis of the frivolous nature of any claim

made or any defense interposed. In order to find a claim or defense to

be frivolous, the hearing officer must find at least one of the

following:

(i) the claim or defense was commenced, used or continued in bad

faith, solely to delay or prolong the resolution of the action or to

harass or maliciously injure another; or

(ii) the claim or defense was commenced or continued in bad faith

without any reasonable basis in law or fact. If the claim or defense was

promptly discontinued when the party learned or should have learned that

the claim or defense lacked such reasonable basis, the hearing officer

may find that the party did not act in bad faith. A person served with

charges may then, however, elect in writing to proceed with a hearing

pursuant to the procedures established in subdivision two of this

section in lieu of the procedures set forth in this subdivision.

(b) The rights set forth in paragraph (a) of this subdivision shall be

in addition to, and shall not supplant, modify or replace any rights

provided to an employee pursuant to agreements negotiated by a public

employer and an employee organization pursuant to article fourteen of

this chapter, or pursuant to any other provision of law, including but

not limited to other provisions of this section.

3. Suspension pending determination of charges; penalties. Pending the

hearing and determination of charges of incompetency or misconduct, the

officer or employee against whom such charges have been preferred may be

suspended without pay for a period not exceeding thirty days. If such

officer or employee is found guilty of the charges, the penalty or

punishment may consist of a reprimand, a fine not to exceed one hundred

dollars to be deducted from the salary or wages of such officer or

employee, suspension without pay for a period not exceeding two months,

demotion in grade and title, or dismissal from the service; provided,

however, that the time during which an officer or employee is suspended

without pay may be considered as part of the penalty. If he is

acquitted, he shall be restored to his position with full pay for the

period of suspension less the amount of any unemployment insurance

benefits he may have received during such period. If such officer or

employee is found guilty, a copy of the charges, his written answer

thereto, a transcript of the hearing, and the determination shall be

filed in the office of the department or agency in which he has been

employed, and a copy thereof shall be filed with the civil service

commission having jurisdiction over such position. A copy of the

transcript of the hearing shall, upon request of the officer or employee

affected, be furnished to him without charge.

3-a. Suspension pending determination of charges and penalties

relating to police officers of the police department of the city of New

York. Pending the hearing and determination of charges of incompetency

or misconduct, a police officer employed by the police department of the

city of New York may be suspended without pay for a period not exceeding

thirty days. If such officer is found guilty of the charges, the police

commissioner of such department may punish the police officer pursuant

to the provisions of sections 14-115 and 14-123 of the administrative

code of the city of New York.

4. Notwithstanding any other provision of law, no removal or

disciplinary proceeding shall be commenced more than eighteen months

after the occurrence of the alleged incompetency or misconduct

complained of and described in the charges or, in the case of a state

employee who is designated managerial or confidential under article

fourteen of this chapter, more than one year after the occurrence of the

alleged incompetency or misconduct complained of and described in the

charges, provided, however, that such limitations shall not apply where

the incompetency or misconduct complained of and described in the

charges would, if proved in a court of appropriate jurisdiction,

constitute a crime.

Civil service proceeding; commencement upon alleged violation

of certain provisions of the labor law relating to police officers. 1.

Any police officer alleging a violation of section two hundred fifteen-a

of the labor law may institute a proceeding pursuant to the provisions

of his collective bargaining agreement. If no such agreement exists a

complaint may be filed by a police officer with the state or a municipal

civil service commission alleging a violation of section two hundred

fifteen-a of the labor law; as a condition of entertaining such

complaint the commission may require a police officer to exhaust all

remedies available to such employee pursuant to the provisions of a

collective bargaining agreement and the rules and regulations of the

employer. Upon the filing of such complaint or upon its own initiative

the commission having jurisdiction may investigate and upon finding an

improper transfer or other penalty in violation of such section, enforce

the provisions of such section. The commission may exercise any powers

heretofore granted to it by provision of this chapter or by any other

provision of law necessary for the enforcement of the provisions of

section two hundred fifteen-a of the labor law.

2. Nothing in this section shall be construed to abrogate, impair,

alter, or in any way modify any right of action in law that an employee,

alleged to have been penalized, may have.

Retaliatory action by public employers. 1. For the purposes of

this section the term:

(a) "Public employer" or "employer" shall mean (i) the state of New

York, (ii) a county, city, town, village or any other political

subdivision or civil division of the state, (iii) a school district or

any governmental entity operating a public school, college or

university, (iv) a public improvement or special district, (v) a public

authority, commission or public benefit corporation, or (vi) any other

public corporation, agency, instrumentality or unit of government which

exercises governmental power under the laws of the state.

(b) "Public employee" or "employee" shall mean any person holding a

position by appointment or employment in the service of a public

employer except judges or justices of the unified court system and

members of the legislature.

(c) "Governmental body" shall mean (i) an officer, employee, agency,

department, division, bureau, board, commission, council, authority or

other body of a public employer, (ii) employee, committee, member, or

commission of the legislative branch of government, (iii) a

representative, member or employee of a legislative body of a county,

town, village or any other political subdivision or civil division of

the state, (iv) a law enforcement agency or any member or employee of a

law enforcement agency, or (v) the judiciary or any employee of the

judiciary.

(d) "Personnel action" shall mean an action affecting compensation,

appointment, promotion, transfer, assignment, reassignment,

reinstatement or evaluation of performance.

2. (a) A public employer shall not dismiss or take other disciplinary

or other adverse personnel action against a public employee regarding

the employee's employment because the employee discloses to a

governmental body information: (i) regarding a violation of a law, rule

or regulation which violation creates and presents a substantial and

specific danger to the public health or safety; or (ii) which the

employee reasonably believes to be true and reasonably believes

constitutes an improper governmental action. "Improper governmental

action" shall mean any action by a public employer or employee, or an

agent of such employer or employee, which is undertaken in the

performance of such agent's official duties, whether or not such action

is within the scope of his employment, and which is in violation of any

federal, state or local law, rule or regulation.

3. (a) Where an employee is subject to dismissal or other disciplinary

action under a final and binding arbitration provision, or other

disciplinary procedure contained in a collectively negotiated agreement,

or under section seventy-five of this title or any other provision of

state or local law and the employee reasonably believes dismissal or

other disciplinary action would not have been taken but for the conduct

protected under subdivision two of this section, he or she may assert

such as a defense before the designated arbitrator or hearing officer.

The merits of such defense shall be considered and determined as part of

the arbitration award or hearing officer decision of the matter. If

there is a finding that the dismissal or other disciplinary action is

based solely on a violation by the employer of such subdivision, the

arbitrator or hearing officer shall dismiss or recommend dismissal of

the disciplinary proceeding, as appropriate, and, if appropriate,

reinstate the employee with back pay, and, in the case of an arbitration

procedure, may take other appropriate action as is permitted in the

collectively negotiated agreement.

(b) Where an employee is subject to a collectively negotiated

agreement which contains provisions preventing an employer from taking

adverse personnel actions and which contains a final and binding

arbitration provision to resolve alleged violations of such provisions

of the agreement and the employee reasonably believes that such

personnel action would not have been taken but for the conduct protected

under subdivision two of this section, he or she may assert such as a

claim before the arbitrator. The arbitrator shall consider such claim

and determine its merits and shall, if a determination is made that such

adverse personnel action is based on a violation by the employer of such

subdivision, take such action to remedy the violation as is permitted by

the collectively negotiated agreement.

(c) Where an employee is not subject to any of the provisions of

paragraph (a) or (b) of this subdivision, the employee may commence an

action in a court of competent jurisdiction under the same terms and

conditions as set forth in article twenty-C of the labor law.

4. Nothing in this section shall be deemed to diminish or impair the

rights of a public employee or employer under any law, rule, regulation

or collectively negotiated agreement or to prohibit any personnel action

which otherwise would have been taken regardless of any disclosure of

information.

Appeals from determinations in disciplinary proceedings. 1.

Appeals. Any officer or employee believing himself aggrieved by a

penalty or punishment of demotion in or dismissal from the service, or

suspension without pay, or a fine, or an official reprimand,

unaccompanied by a remittance of said officer or employee's prehearing

suspension without pay, imposed pursuant to the provisions of section

seventy-five of this chapter, may appeal from such determination either

by an application to the state or municipal commission having

jurisdiction, or by an application to the court in accordance with the

provisions of article seventy-eight of the civil practice law and rules.

If such person elects to appeal to such civil service commission, he

shall file such appeal in writing within twenty days after service of

written notice of the determination to be reviewed, such written notice

to be delivered personally or by registered mail to the last known

address of such person and when notice is given by registered mail, such

person shall be allowed an additional three days in which to file such

appeal.

2. Procedure on appeal. Where appeal is taken to the state or

municipal commission having jurisdiction, such commission shall review

the record of the disciplinary proceeding and the transcript of the

hearing, and shall determine such appeal on the basis of such record and

transcript and such oral or written argument as the commission may

determine. The commission may direct that such appeal shall be heard by

one or more members of the commission or by a person or persons

designated by the commission to hear such appeal on its behalf, who

shall report thereon with recommendations to the commission. Upon such

appeal the commission shall permit the employee to be represented by

counsel.

3. Determination on appeal. The determination appealed from may be

affirmed, reversed, or modified, and the state or municipal commission

having jurisdiction may, in its discretion, direct the reinstatement of

the appellant or permit the transfer of such appellant to a vacancy in a

similar position in another division or department, or direct that his

name be placed upon a preferred list pursuant to section eighty-one of

this chapter. In the event that a transfer is not effected, the

commission is empowered to direct the reinstatement of such officer or

employee. An employee reinstated pursuant to this subdivision shall

receive the salary or compensation he would have been entitled by law to

have received in his position for the period of removal including any

prior period of suspension without pay, less the amount of any

unemployment insurance benefits he may have received during such period.

The decision of such civil service commission shall be final and

conclusive, and not subject to further review in any court.

4. Nothing contained in section seventy-five or seventy-six of this

chapter shall be construed to repeal or modify any general, special or

local law or charter provision relating to the removal or suspension of

officers or employees in the competitive class of the civil service of

the state or any civil division. Such sections may be supplemented,

modified or replaced by agreements negotiated between the state and an

employee organization pursuant to article fourteen of this chapter.

Where such sections are so supplemented, modified or replaced, any

employee against whom charges have been preferred prior to the effective

date of such supplementation, modification or replacement shall continue

to be subject to the provisions of such sections as in effect on the

date such charges were preferred.

Compensation of officers and employees reinstated by court

order. Any officer or employee who is removed from a position in the

service of the state or of any civil division thereof in violation of

the provisions of this chapter, and who thereafter is restored to such

position by order of the supreme court, shall be entitled to receive and

shall receive from the state or such civil division, as the case may be,

the salary or compensation which he would have been entitled by law to

have received in such position but for such unlawful removal, from the

date of such unlawful removal to the date of such restoration, less the

amount of any unemployment insurance benefits he may have received

during such period. Such officer or employee shall be entitled to a

court order to enforce the payment of such salary or compensation. Such

salary or compensation shall be subject to the provisions of sections

four hundred seventy-four and four hundred seventy-five of the judiciary

law for services rendered, but otherwise shall be paid only directly to

such officer or employee or his legal representatives.

Transfer of personnel upon the abolition of positions in state

civil service. 1. Where necessitated by reasons of economy, efficiency,

consolidation or abolition of functions, curtailment of activities or

otherwise, employees may be transferred, without further examination,

from one agency or department of the state, or from the Roswell Park

Cancer Institute as defined in subparagraph (i) of paragraph d of

section one of chapter forty-one of the laws of nineteen hundred

ninety-seven, as amended, to positions in the same title or any

comparable title, as determined by the department, in another department

or agency of the state. Where more than one employee in the title and

location from which transfer is to be made is eligible and willing to

accept transfer, the department shall place the names of those employees

upon a transfer list, and certify such list for filling vacancies, as

hereinafter provided, first, in the same position; second, in any

position in a lower grade in line of promotion; and third, in any

comparable position. Such transfer list may be certified for filling a

vacancy in any such position before certification is made from any other

eligible list, placement roster, reemployment or preferred list, except

as provided in subdivision four of this section.

2. Order of certification of names from transfer list. a. The names of

persons on a transfer list established to fill vacancies in the same

position or a position in a lower grade in line of promotion shall be

certified therefrom in the order of their original appointments, in

accordance with the provisions of subdivision three of section eighty,

subdivision three of section eighty-a and subdivision seven of section

eighty-five of this chapter.

b. The names of persons on a transfer list established to fill

vacancies in a comparable position shall be certified therefrom with

equal ranking for appointment.

3. Probation. a. Upon appointment to a position in the same title, a

probationer shall be required to complete his or her probationary term.

b. Completion of a probationary term, to the extent provided for in

the rules promulgated by the commission pursuant to subdivision two of

section sixty-three of this chapter, shall be required for all

appointments to a position in a comparable title.

4. Relative seniority. Where a preferred list exists containing the

names of persons who have been suspended or demoted from a position in

the same title to which an appointment is to be made, the relative

seniority, determined in accordance with the provisions of subdivision

three of section eighty, subdivision three of section eighty-a and

subdivision seven of section eighty-five of this chapter, of the person

certified first on such preferred list willing to accept appointment and

the person certified first on the transfer list willing to accept

appointment shall be compared and the person with the greater seniority

shall be certified first.

5. Termination of eligibility. Eligibility for appointment from a

transfer list shall terminate on the date of the suspension, demotion or

relocation. Notwithstanding any other provision of this chapter, any

employee may voluntarily remove his or her name from a transfer list by

application to the department.

6. Rulemaking authority. The president shall adopt rules for carrying

into effect the provisions of this section, including rules for the

relinquishment of eligibility.

7. The department shall continue to establish lists under the

provisions of this section.

Establishment of redeployment lists in the state service;

general provisions. 1. Primarily redeployment. a. Where, and to the

extent that, an agreement between the state and an employee organization

entered into pursuant to article fourteen of this chapter so provides,

upon notification to the department that an employee in the state

service is to be suspended or demoted in accordance with the provisions

of section eighty or eighty-a of this article by reason of the state's

exercise of its right to contract out for goods and services, and

receipt of the information required pursuant to section eighty-one-a of

this article for purposes of establishing reemployment rosters, at least

ninety days prior to the suspension or demotion of an affected employee,

the department shall place the name of the employee upon a redeployment

list. Such redeployment list shall be certified for filling positions in

the same title or in any comparable title, as determined by the

department, before certification is made from any other eligible list,

placement roster, reemployment roster or preferred list. The director

of state operations is authorized to redeploy such employees to

positions in appointing authorities of the executive branch. The

department may extend the right to be placed on a redeployment list, in

accordance with the provisions of this section, to employees not subject

to the provisions of such agreement.

b. Orders of certification of names from a redeployment list. The

names of persons on a redeployment list shall be certified therefrom for

appointment in the order of their original appointments, in accordance

with the provisions of subdivision three of section eighty and

subdivision three of section eighty-a of this article.

c. Salary upon redeployment. A person appointed from a redeployment

list shall receive at least the same salary such person was receiving in

the position from which he or she is to be or has been suspended or

demoted.

d. Probationary term. Probationers who are appointed from a

redeployment list to a position in the same title will be required to

complete their probationary term. Employees who are appointed from a

redeployment list to a position in a comparable title shall be required

to complete a probationary term in accordance with the rules promulgated

by the commission pursuant to subdivision two of section sixty-three of

this chapter.

e. Termination of eligibility for appointment. Eligibility for

appointment of an employee whose name appears on a redeployment list

shall terminate at such time as the employee is redeployed pursuant to

the provisions of this section to a position in the same salary grade as

the position from which he or she has been suspended or demoted, or has

exercised his or her reemployment rights pursuant to the provisions of

section eighty-one or eighty-one-a of this article, provided, however,

that eligibility for appointment shall terminate no later than six

months following the suspension or demotion of such employee in

accordance with the provisions of section eighty or eighty-a of this

article. Upon such employee's suspension or demotion, the department

shall place the name of such employee upon a preferred list, and a

reemployment roster, as appropriate, in accordance with the provisions

of sections eighty-one and eight-one-a of this article.

f. Notwithstanding any other provision of this chapter, any employee

may voluntarily remove his or her name from a redeployment list by

application to the department.

2. Secondary redeployment. a. In the event the department determines,

in accordance with the provisions of subdivision one of this section,

that there are no positions in the same title or any comparable title to

which an employee to be suspended or demoted by reason of the state's

exercise of its right to contract out for goods and services can be

redeployed, the department may place the name of such employee on a

special reemployment roster, for filling positions in titles for which

the employee meets the essential tests and qualifications. Such special

reemployment roster may be certified immediately upon the employee's

placement on the roster for filling a position before certification is

made from any other eligible list, including a promotion eligible list,

but not prior to a redeployment list or preferred list.

b. Termination of eligibility. Eligibility for appointment of an

employee whose name appears on a special reemployment roster shall not

continue for a period longer than four years from the date of suspension

or demotion, provided, however, that eligibility for appointment of an

employee whose name appears on any such special reemployment roster

shall terminate at such time as the employee is redeployed pursuant to

the provisions of this section and, in no event, shall eligibility for

appointment from a special reemployment roster continue once the

employee is no longer eligible for reinstatement from a preferred list.

c. Employees placed on a special reemployment roster in accordance

with the provisions of this section, shall have all the rights and

privileges provided employees placed on reemployment rosters in

accordance with section eighty-one-a of this article.

3. Rulemaking authority. The commission shall adopt rules for carrying

into effect the provisions of this section, including rules providing

for the relinquishment of eligibility for appointment upon appointment

or upon failure or refusal to accept appointment from a redeployment

list. Additionally, notwithstanding any inconsistent provision of law,

rule, or regulation, an agreement between the state and an employee

organization recognized or certified pursuant to article fourteen of

this chapter can provide employment security rights and benefits where

the state has exercised its right to contract out for goods and

services. The commission upon receipt of a written request of the

director of employee relations, is authorized to implement provisions of

such agreement consistent with the terms thereof and, to the extent

necessary, may adopt rules and regulations providing for the benefits to

be thereunder provided. The commission, with the approval of the

director of the budget, may extend such benefits in whole or in part, to

state employees excluded from collective negotiating units.

Suspension or demotion upon the abolition or reduction of

positions. 1. Suspension or demotion. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

are abolished or reduced in rank or salary grade, suspension or

demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction in

which such abolition or reduction of positions occurs, subject to the

provisions of subdivision seven of section eighty-five of this chapter;

provided, however, that the date of original appointment of any such

incumbent who was transferred to such governmental jurisdiction from

another governmental jurisdiction upon the transfer of functions shall

be the date of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction from

which such transfer was made. Notwithstanding the provisions of this

subdivision, however, upon the abolition or reduction of positions in

the competitive, noncompetitive or labor class, incumbents holding the

same or similar positions in the same jurisdictional class who have not

completed their probationary service shall be suspended or demoted, as

the case may be, before any permanent incumbents, and among such

probationary employees the order of suspension or demotion shall be

determined as if such employees were permanent incumbents.

1-a. Notwithstanding the provisions of subdivision one of this

section, the members of a police or paid fire department in the city of

Buffalo shall be subject to the following procedure. Where, because of

economy, consolidation or abolition of functions, curtailment of

activities or otherwise, positions in the competitive, noncompetitive or

labor class are abolished or reduced in rank or salary grade, suspension

or demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive, noncompetitive

or labor class, incumbents holding the same or similar positions in the

same jurisdictional who have not completed their probationary service

shall be suspended or demoted, as the case may be, before any permanent

incumbents, and among such probationary employees the order of

suspension or demotion shall be determined as if such employees were

permanent incumbents.

1-b. Notwithstanding the provisions of subdivision one of this

section, employees of secure detention facilities in the city of New

York and of the alternatives to secure detention facilities program in

such city who are performing functions which were assumed by the

department of social services of the city of New York on the tenth day

of November, nineteen hundred seventy-one and who, upon such assumption

were transferred to said department, shall be subject to the following

procedure. Where, because of economy, consolidation or abolition of

function, curtailment of activities or otherwise, positions in the

competitive, noncompetitive or labor class are abolished, or reduced in

rank or salary grade, suspension or demotion, as the case may be, among

incumbents holding the same or similar positions in the same

jurisdictional class shall be made in the inverse order of original

appointment on a permanent basis in the classified service in the

service of the governmental jurisdiction in which such abolition or

reduction of positions occurs, subject to the provisions of subdivision

seven of section eighty-five of this chapter; provided, however, that if

any person so employed and so transferred was employed on a permanent

basis in such a facility or such program prior to the thirtieth day of

December, nineteen hundred sixty-seven, for purposes of this subdivision

regarding priority of retention and for no other purpose, the date of

original appointment of any such person shall be deemed to be the date

such permanent employment commenced prior to the said thirtieth day of

December, nineteen hundred sixty-seven.

1-c. Notwithstanding the provisions of subdivision one of this

section, sworn employees of the Monroe county sheriff's department shall

be subject to the following procedure. Where, because of economy,

consolidation or abolition of function, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

are abolished, or reduced in rank or salary grade, suspension or

demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter; provided,

however, that if any person so employed was employed in such person's

current title prior to the first day of April, nineteen hundred

ninety-three, for purposes of this subdivision regarding priority of

retention and for no other purpose, the date of original appointment of

any such person shall be deemed to be the date such employment commenced

prior to the said first day of April, nineteen hundred ninety-three.

1-d. Notwithstanding the provisions of subdivision one of this

section, the sworn members of the police force of the county of Nassau

shall be subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

are abolished or reduced in rank or salary grade, suspension or

demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions, those employees who have not

completed their probationary service shall be suspended or demoted, as

the case may be, before any permanent incumbents, and among such

probationary employees the order of suspension or demotion shall be

determined as if such employees were permanent incumbents.

1-e. Notwithstanding the provisions of subdivision one of this

section, the sworn members of the division of correction of the

sheriff's department of the county of Nassau shall be subject to the

following procedure. Where, because of economy, consolidation or

abolition of functions, curtailment of activities or otherwise,

positions in the competitive class are abolished or reduced in rank or

salary grade, suspension or demotion, as the case may be, among

incumbents holding the same or similar positions shall be made in the

inverse order of the time served in the grade or title in the service of

the governmental jurisdiction in which such abolition or reduction of

positions occurs, subject to the provisions of subdivision seven of

section eighty-five of this chapter. Provided, however, time in rank or

grade for the purposes of this subdivision shall only accrue

prospectively from the effective date of this subdivision, and where

time in rank and grade for two or more individuals is identical, time in

service shall be used for the purposes of this procedure.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions, those employees who have not

completed their probationary service shall be suspended or demoted, as

the case may be, before any permanent incumbents, and among such

probationary employees the order of suspension or demotion shall be

determined as if such employees were permanent incumbents.

1-f. Notwithstanding the provisions of subdivision one of this

section, the sworn members of any police agency as defined in section

eight hundred thirty-five of the executive law, other than police

agencies referred to in subdivisions one-a through one-e of this section

shall be subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive class are abolished or reduced

in rank or salary grade, suspension or demotion, as the case may be,

among incumbents holding the same or similar positions shall be made in

the inverse order of original appointment on a permanent basis in the

grade or title in the service of the governmental jurisdiction in which

such abolition or reduction of positions occurs, subject to the

provisions of subdivision seven of section eighty-five of this chapter;

provided, however, that the date of original appointment of any such

incumbent who was transferred to such governmental jurisdiction from

another governmental jurisdiction upon the transfer of functions shall

be the date of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction from

which such transfer was made.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive class, incumbents

holding the same or similar positions who have not completed their

probationary services shall be suspended or demoted, as the case may be,

before any permanent incumbents, and among such probationary employees

the order of suspension or demotion shall be determined as if such

employees were permanent incumbents.

2. Continuous service. Except as otherwise provided herein, for the

purposes of this section the original appointment of an incumbent shall

mean the date of their first appointment on a permanent basis in the

classified service followed by continuous service in the classified

service on a permanent basis up to the time of the abolition or

reduction of the competitive, noncompetitive or labor class positions.

An employee who has resigned and who has been reinstated or reappointed

in the service within one year thereafter shall, for the purposes of

this section, be deemed to have continuous service. An employee who has

been terminated because of a disability resulting from occupational

injury or disease as defined in the workers' compensation law and who

has been reinstated or reappointed in the service thereafter shall be

deemed to have continuous service. A period of employment on a temporary

or provisional basis, or in the unclassified service, immediately

preceded and followed by permanent service in the classified service,

shall not constitute an interruption of continuous service for the

purposes of this section; nor shall a period of leave of absence without

pay pursuant to law or the rules of the civil service commission having

jurisdiction, or any period during which an employee is suspended from

their position pursuant to this section, constitute an interruption of

continuous service for the purposes of this section.

3. Interrupted service. A state employee who has resigned and who has

been reinstated or reappointed in the service more than one year

thereafter shall be credited with any previous state service rendered

prior to his or her resignation to which he or she would have been

entitled for the purposes of this section but for such resignation;

provided, however, that any time out of the service exceeding three

years shall be subtracted from the employee's previous state service. In

such instances, continuous service shall be deemed to have begun on the

date which precedes the otherwise applicable date for the commencement

of continuous service by the period of actual creditable service

provided by this subdivision.

4. Units for suspension or demotion in civil divisions. Upon the

abolition or reduction of positions in the service of a civil division,

suspension or demotion shall be made from among employees holding the

same or similar positions in the same jurisdictional class in the entire

department or agency within which such abolition or reduction of

positions occurs. In a city having a population of one million or more,

the municipal civil service commission may, by rule, designate as

separate units for suspension and demotion under the provisions of this

section any hospital or institution or any division of any department or

agency under its jurisdiction. Upon the abolition or reduction of

positions in such service, suspension or demotion, as the case may be,

shall be made from among employees holding the same or similar positions

in the same jurisdictional class in the department wherein such

abolition or reduction occurs, except that where such abolition or

reduction occurs in such hospital or institution or division of a

department designated as a separate unit for suspension or demotion,

suspension or demotion shall be made from among incumbents holding the

same or similar positions in the same jurisdictional class in such

separate unit.

4-a. For purposes of determining units for suspension or demotion in

the city of Niagara Falls, the following three units shall be deemed to

constitute departments within the meaning of subdivision three above:

(i) members of the police department employed as auxiliary policewomen,

police officers, police dispatchers or communications technicians,

police lieutenants, chief communications officer, or police captains;

(ii) members of the fire department employed as firefighters, fire alarm

operators, fire captains, battalion fire chiefs or master mechanic-chief

of apparatus; and (iii) all other employees of the city of Niagara

Falls, in the competitive class.

5. Units for suspension or demotion in the state service. The

president may, by regulation, designate as separate units for suspension

or demotion under the provisions of this section any state hospital,

institution or facility or any division of any state department or

agency or specified hospitals, institutions and facilities of a single

state department or agency within a particular geographic area as

determined by the president. Upon the abolition or reduction of

positions in the same jurisdictional class in the state service,

suspension or demotion, as the case may be, shall be made from among

employees holding the same or similar positions in the department

wherein such abolition or reduction occurs, except that where such

abolition or reduction occurs in a separate unit for suspension or

demotion designated by regulation of the president, suspension or

demotion shall be made from among incumbents holding the same or similar

positions in such separate unit.

6. Displacement in civil divisions. A permanent incumbent of a

position in a civil division in a specific title to which there is a

direct line of promotion who is suspended or displaced pursuant to this

section, together with all other such incumbents suspended or displaced

at the same time, shall displace, in the inverse order of the order of

suspension or demotion prescribed in subdivisions one and two of this

section, incumbents serving in positions in the same layoff unit in the

next lower occupied title in direct line of promotion who shall be

displaced in the order of suspension or demotion prescribed in

subdivisions one and two of this section; provided, however, that no

incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. If a permanent incumbent of a

position in a civil division is suspended or displaced from a position

in a title for which there are no lower level occupied positions in

direct line of promotion, they shall displace the incumbent with the

least retention right pursuant to subdivisions one and two of this

section who is serving in a position in the title in which the

displacing incumbent last served on a permanent basis prior to service

in one or more positions in the title from which they are suspended or

displaced, if: (1) the service of the displacing incumbent while in such

former title was satisfactory and (2) the position of the junior

incumbent is in (a) the competitive, noncompetitive or labor class, (b)

the layoff unit from which the displacing incumbent was suspended or

displaced, and (c) a lower salary grade than the position from which the

displacing incumbent is suspended or displaced; provided, however, that

no incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. Refusal of appointment to a

position afforded by this subdivision constitutes waiver of rights under

this subdivision with respect to the suspension or displacement on

account of which the refused appointment is afforded. The municipal

civil service commission shall promulgate rules to implement this

subdivision including rules which may provide adjunctive opportunities

for displacement either to positions in direct line of promotion or to

formerly held positions; provided, however, that no such rule shall

permit an incumbent to displace any other incumbent having greater

retention standing in the same jurisdictional class. For the purpose of

acquiring preferred list rights, displacement pursuant to this

subdivision is the equivalent of suspension or demotion pursuant to

subdivision one of this section.

7. Displacement in the state service. A permanent incumbent of a

position in the state service in a specific title to which there is a

direct line of promotion who is suspended or displaced pursuant to this

section, together with all other such incumbents suspended or displaced

at the same time, shall displace, in the inverse order of the order of

suspension or demotion prescribed in subdivisions one and two of this

section, incumbents serving in positions in the same layoff unit in the

next lower occupied title in direct line of promotion who shall be

displaced in the order of suspension or demotion prescribed in

subdivisions one and two of this section; provided, however, that no

incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. If a permanent incumbent of a

position in the state service is suspended or displaced from a position

in a title for which there are no lower level occupied positions in

direct line of promotion, they shall displace the incumbent with the

least retention right pursuant to subdivisions one and two of this

section who is serving in a position in the title in which the

displacing incumbent last served on a permanent basis prior to service

in one or more positions in the title from which they are suspended or

displaced, if: (1) the service of the displacing incumbent while in such

former title was satisfactory and (2) the position of the junior

incumbent is in (a) the competitive, noncompetitive or labor class, (b)

the layoff unit from which the displacing incumbent was suspended or

displaced, and (c) a lower salary grade than the position from which the

displacing incumbent is suspended or displaced; provided, however, that

no incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. Refusal of appointment to a

position afforded by this subdivision constitutes waiver of rights under

this subdivision with respect to the suspension or displacement on

account of which the refused appointment is afforded. The state civil

service commission shall promulgate rules to implement this subdivision

including rules which may provide adjunctive opportunities for

displacement either to positions in direct line of promotion or to

formerly held positions; provided, however, that no such rule shall

permit an incumbent to displace any other incumbent having greater

retention standing in the same jurisdictional class. For the purpose of

acquiring preferred list rights, displacement pursuant to this

subdivision is the equivalent of suspension or demotion pursuant to

subdivision one of this section.

7-a. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any of the uniformed force

of the department of sanitation of such city who was suspended on or

after July first, nineteen hundred ninety, because of economy measures

taken by such city and who returns to such service, shall be deemed to

have been in continuous service in determining length of service for

retirement purposes if the duration of such suspension did not exceed

thirty-three months; provided, however, that for retirement purposes, a

member receiving such service credit shall pay, by deductions from his

or her compensation for each and every payroll period, subject to the

member contributions prescribed by subparagraph two of paragraph (b) of

this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for their current service:

(A) the ordinary member contributions which would have been done for

such period of suspension if they had actually been in service during

such period; and

(B) (if such member has elected the twenty-year retirement program

provided for by section six hundred four-a of the retirement and social

security law), the additional member contributions which they would have

been required to make under the provisions of that section for the

period from the starting date of such program to the date next preceding

the date on which such member became a participant in such retirement

program, if they had become such a participant on such starting date;

and

(C) additional member contributions of two per centum of their

compensation for the period beginning with the first full payroll period

which includes the date of enactment of this subdivision and ending on

the earlier of his or her date of retirement or their completion of

thirty years of service.

(2) The deduction for the additional contribution referred to in items

(A) and (B) of subparagraph one of this paragraph shall be made in

accordance with such equitable method and over such equitable period of

time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in item (B) of such subparagraph shall

be paid into the contingent reserve fund of such retirement system and

shall be subject to the provisions of such section six hundred four-a of

the retirement and social security law governing additional member

contributions. The additional member contributions referred to in item

(C) of such subparagraph shall be paid into the contingent reserve fund

of such retirement system and shall not be subject to any retirement

system right or privilege of such member, unless such right or privilege

is granted by other provisions of law which specifically refer to

additional member contributions made pursuant to this subdivision.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in items (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contribution due may be made in a lump sum,

provided further that such member shall pay into the contingent reserve

fund of the retirement system two percent of his or her earnings in each

year until the earlier of his or her date of retirement or his or her

completion of thirty years of service. In addition, if such member

elected to be covered by the provisions of section six hundred four-a of

the retirement and social security law, he or she shall also pay into

such contingent reserve fund the contributions that would have been

required had he or she made such election as of the starting of the

twenty-year retirement program.

7-b. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any member of the uniformed

force of the department of correction of such city who was suspended on

or after May first, two thousand three, because of economy measures

taken by such city and who returns to such service prior to July first,

two thousand four, shall be deemed to have been in continuous service in

determining length of service for retirement purposes if the duration of

such suspension did not exceed thirteen months; provided, however, that

for retirement purposes, a member receiving such service credit shall

pay, by deductions from his or her compensation, subject to the method

prescribed by subparagraph two of paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for

such period of suspension if he or she had actually been in service

during such period; and

(B) if such member is covered by the twenty-year retirement program

provided for by section five hundred four-a of the retirement and social

security law, the additional member contributions which he or she would

have been required to make under the provisions of that section for such

period of suspension if he or she had actually been in service during

such period.

(2) The deduction for the additional contributions referred to in

clauses (A) and (B) of subparagraph one of this paragraph shall be paid

in accordance with such equitable method and over such equitable period

of time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in clause (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in clause (B) of such subparagraph

shall be paid into the contingent reserve fund of such retirement system

and shall be subject to the provisions of such section five hundred

four-a of the retirement and social security law governing additional

member contributions.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in clauses (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contributions due may be made in a lump sum. In

addition, if such member is covered by the provisions of section five

hundred four-a of the retirement and social security law, he or she

shall also pay into the contingent reserve fund of the retirement system

the contributions required to be made pursuant to such section.

7-c. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any employee in the title of

carpenter or supervisory carpenter of such city who was suspended on or

after June first, nineteen hundred ninety-one because of economy

measures taken by such city and who returns to such service prior to

July first, nineteen hundred ninety-three, shall be deemed to have been

in continuous service in determining length of service for retirement

purposes if the duration of such suspension did not exceed twenty-five

months; provided, however, that for retirement purposes, a member

receiving such service credit shall pay, by deductions from his or her

compensation, subject to the method prescribed by subparagraph two of

paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay the

ordinary member contributions due for his or her current service which

would have been paid for such period of suspension if he or she had

actually been in service during such period.

(2) The deduction for the additional contributions referred to in

subparagraph one of this paragraph shall be paid in accordance with such

equitable method and over such equitable period of time as shall be

prescribed by the executive director of the affected retirement system

with the approval of its board of trustees.

(3) The additional member contributions referred to in subparagraph

one of this paragraph shall be paid into the retirement system's member

contributions accumulation fund which is required to receive the

ordinary member contributions of such member.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in subparagraph one of this

paragraph, payment of the remainder of the total of such additional

contributions due may be made in a lump sum.

7-d. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any employee of the

department of parks of such city who had been employed as a climber and

pruner who was suspended on or after July first, nineteen hundred

ninety-one, because of economy measures taken by such city and who

returned to such service prior to July first, nineteen hundred

ninety-five, shall be deemed to have been in continuous service in

determining length of service for retirement purposes if the duration of

such suspension did not exceed twenty-five months; provided, however,

that for retirement purposes, a member receiving such service credit

shall pay, by deductions from his or her compensation for each and every

payroll period, subject to the member contributions prescribed by

subparagraph two of paragraph (b) of this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for

such period of suspension if he or she had actually been in service

during such period; and

(B) if such member is covered by the optional twenty-five year early

retirement program for certain New York city members provided by section

six hundred four-c of the retirement and social security law, as added

by chapter ninety-six of the laws of nineteen hundred ninety-five, the

additional member contributions which he or she would have been required

to make under the provisions of that section for such period of

suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contribution referred to in items

(A) and (B) of subparagraph one of this paragraph shall be paid in

accordance with such equitable method and over such equitable period of

time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in item (B) of such subparagraph shall

be paid into the contingent reserve fund of such retirement system and

shall be subject to the provisions of section six hundred four-c of the

retirement and social security law, as added by chapter ninety-six of

the laws of nineteen hundred ninety-five, governing additional member

contributions.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in items (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contribution due may be made in a lump sum. In

addition, if such member is covered by the provisions of section six

hundred four-c of the retirement and social security law, as added by

chapter ninety-six of the laws of nineteen hundred ninety-five, he or

she shall also pay into such contingent reserve fund the contributions

required to be made pursuant to this section.

8. Certain suspensions in cities of one million or more for reasons of

economy. Notwithstanding the provisions of any other general or local

law, administrative code or ordinance, in cities having a population of

one million or more, any member employed in the uniformed or

non-uniformed services of such city who was suspended on or after July

first, nineteen hundred seventy-five, because of economy measures taken

by such city, and who returns to such service, shall be deemed to have

been in continuous service in determining seniority and length of

service regardless of the duration of such suspension; provided,

however, that for retirement purposes, a member receiving such service

credit shall pay into the annuity savings fund of the retirement system

the amount of the employee contributions required to have been paid into

the retirement system for such service, within one year after this

subdivision shall have taken effect. For the purposes of this

subdivision "uniformed services" shall mean and include any uniformed

force or service the members of which are paid in whole or part by such

city.

9. Certain suspensions or demotions in the city of Niagara Falls.

Notwithstanding the provisions of subdivision one of this section, the

members of a paid fire department in the city of Niagara Falls shall be

subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive class are, noncompetitive or

labor abolished or reduced in rank or salary grade, suspension or

demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive, noncompetitive

or labor class, incumbents holding the same or similar positions in the

same jurisdictional class who have not completed their probationary

service shall be suspended or demoted, as the case may be, before any

permanent incumbents, and among such probationary employees the order of

suspension or demotion shall be determined as if such employees were

permanent incumbents.

* 10. (a) The use of artificial intelligence systems as defined by

section one hundred three-e of the state technology law shall not affect

(i) the existing rights of employees pursuant to an existing collective

bargaining agreement, or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

existing collective bargaining agreements; or

(ii) transfer of existing duties and functions currently performed by

employees of the state or any agency or public authority thereof, or

county, city, town, village, public improvement district, special

district, school district, board of cooperative educational services or

county vocational education and extension board to an artificial

intelligence system.

(c) The use of an artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment, civil service status, and collective

bargaining unit membership status of all existing employees of the state

or any agency or public authority thereof, or county, city, town,

village, public improvement district, special district, school district,

board of cooperative educational services or county vocational education

and extension board shall be preserved and protected.

* NB Repealed July 1, 2028

* NB There are 2 sb 10's

* 10. Effect of collective bargaining agreements. Nothing contained in

this section shall modify, replace or supersede any provision of a

collective bargaining agreement that provides for greater rights than

required by this section.

* NB There are 2 sb 10's

Preferred lists; certification and reinstatement therefrom. 1.

Establishment of preferred lists; general provisions. The head of any

department, office or institution in which an employee is suspended or

demoted in accordance with the provisions of section eighty of this

title shall, upon such suspension or demotion, furnish the state civil

service department or appropriate municipal commission, as the case may

be, a statement showing his name, title or position, date of

appointment, and the date of and reason for suspension or demotion. It

shall be the duty of such civil service department or commission, as the

case may be, forthwith to place the name of such employee upon a

preferred list, together with others who may have been suspended or

demoted from the same or similar positions in the same jurisdictional

class, and to certify such list, as hereinafter provided, for filling

vacancies in the same jurisdictional class; first, in the same or

similar position; second, in any position in a lower grade in line of

promotion; and third, in any comparable position. Such preferred list

shall be certified for filling a vacancy in any such position before

certification is made from any other list, including a promotion

eligible list, notwithstanding the fact that none of the persons on such

preferred list was suspended from or demoted in the department or

suspension and demotion unit in which such vacancy exists. No other name

shall be certified from any other list for any such position until such

preferred list is exhausted. The eligibility for reinstatement of a

person whose name appears on any such preferred list shall not continue

for a period longer than four years from the date of separation or

demotion. An employee whose name was placed on the preferred list and at

the time of such placement was on active duty with the armed forces of

the United States, as pursuant to title ten, fourteen or thirty-two of

the United States code, shall not be eligible for employment

reinstatement for a period longer than four years after the date of

termination of military duty.

2. Order of certification of names from preferred lists. Except as

hereinafter provided, the names of persons on a preferred list shall be

certified therefrom for reinstatement to a vacancy in an appropriate

position in the order of their original appointments.

(a) Upon the occurrence of a vacancy in an appropriate position in the

service of a civil division, except in a city having a population of one

million or more, the names of persons on the preferred list shall be

certified to fill such vacancy in the following order: (1) persons

suspended from or demoted in the department or agency within which such

vacancy occurs; and (2) persons suspended from or demoted in other

departments and agencies in such civil division.

(b) Upon the occurrence of a vacancy in an appropriate position in the

state service, or in the service of a city having a population of one

million or more, the names of persons on the preferred list shall be

certified to fill such vacancy in the following order: (1) persons

suspended from or demoted in the department in which such vacancy

exists, except that where such vacancy exists in a separate suspension

and demotion unit, the names of persons suspended from or demoted in

such unit, and not those suspended from or demoted in the entire

department, shall be certified first; and (2) all other persons on such

preferred list.

3. Eligibility and order of certification for reinstatement of persons

suspended from or demoted in the service of a county in a city wholly

including within its limits two or more counties. Any person suspended

or demoted from a position in the service of a county in a city wholly

including within its limits two or more counties, where the compensation

of such position is paid directly from the treasury of such city, shall

be eligible for certification and reinstatement from the preferred list

to the same or similar position, or a similar position in a lower grade

in the same occupational field, in the service of any county within such

city. Upon the occurrence of a vacancy in an appropriate position in

the service of any such county, the names of persons on the preferred

list shall be certified to fill such vacancy in the following order:

(a) persons suspended from or demoted in the particular county office in

which such vacancy occurs; (b) persons suspended from or demoted in

other county offices in the same county in which such vacancy occurs;

(c) persons suspended from or demoted in county offices in other

counties within such city.

4. Certification of probationers from preferred list. Notwithstanding

the provisions of subdivisions two and three of this section, no person

suspended or demoted prior to the completion of his probationary term

shall be certified for reinstatement until the exhaustion of the

preferred list of all other eligibles thereon. Upon reinstatement, such

probationer shall be required to complete his probationary term.

5. Effect of failure or refusal to accept reinstatement. The state and

municipal civil service commissions shall adopt rules providing for the

relinquishment of eligibility for reinstatement upon failure or refusal

to accept reinstatement from a preferred list.

6. Salary upon reinstatement. A person reinstated from a preferred

list to his former position or a similar position in the same grade

shall receive at least the same salary such person was receiving at the

time of suspension or demotion.

7. Notwithstanding any other provisions of this chapter, the civil

service department or appropriate municipal commission may disqualify

for reinstatement and remove from a preferred list the name of any

eligible who is physically or mentally disabled for the performance of

the duties of the position for which such list is established, or who

has been guilty of such misconduct as would warrant his dismissal from

the public service, except that a partially physically handicapped

person, who is suspended pursuant to section eighty of this chapter

because of lack of work, but who, within six months of the date of his

suspension, is certified for reinstatement to any job item having the

same physical requirements as the job item from which the person was

suspended shall not be disqualified because of his physical handicap

unless a medical examination discloses that because his handicap has

become greater he would not be able to satisfactorily perform in such

job item. No person shall be disqualified pursuant to this subdivision

unless he is first given a written statement of the reasons therefor and

an opportunity for a hearing at which such reasons shall be established

by appropriate evidence, and at which such person may be represented by

counsel and present evidence. The civil service department or municipal

commission may designate a person to hold such hearing and report

thereon.

8. Notwithstanding any other provisions of this chapter, any person

may voluntarily remove his or her name from a preferred list by

application to the civil service department or appropriate municipal

commission.

9. An employee who is eligible to be placed on a preferred list

pursuant to this section and who elects, as a member of a public

employee retirement system, to retire upon a suspension or demotion,

shall be placed on a preferred list and shall be eligible for

reinstatement from such list.

Reemployment rosters in the state service; certification and

reinstatement therefrom. 1. Establishment of reemployment rosters in

the state service; general provisions. The head of any department,

office or institution from which an employee in the state service is to

be suspended or demoted in accordance with the provisions of section

eighty of this article, shall, at least twenty days prior to such

suspension or demotion, furnish the state civil service department with

a statement showing such employee's name, title or position, date of

appointment, and the date of and reason for suspension or demotion. Upon

such employee's suspension or demotion, it shall be the duty of the

department to place the name of such employee upon a reemployment roster

for filling vacancies in any comparable position as determined by the

department, except that employees suspended or demoted from positions in

the non-competitive and labor classes may not be certified to fill

vacancies in the competitive class. Such reemployment roster shall be

certified for filling a vacancy in any such position before

certification is made from any other list, including a promotion

eligible list, but not prior to a preferred list. Eligibility for

reinstatement of a person whose name appears on any such reemployment

roster shall not continue for a period longer than four years from the

date of suspension or demotion provided, however, in no event shall

eligibility for reinstatement from a reemployment roster continue once

the person is no longer eligible for reinstatement from a preferred

list.

2. Order of certification of names from a reemployment roster. The

names of persons on a reemployment roster shall be certified therefrom

with equal ranking for reinstatement.

3. Probationary term. All reinstatements from a reemployment roster

shall require completion of a probationary term in accordance with rules

promulgated by the commission pursuant to subdivision two of section

sixty-three of this chapter.

4. Effect of reinstatement or failure or refusal to accept

reinstatement. The commission shall adopt rules providing for the

relinquishment of eligibility for reinstatement upon reinstatement or

upon failure or refusal to accept reinstatement from a preferred list or

a reemployment roster.

5. Notwithstanding any other provision of this chapter, the department

may disqualify for reinstatement and remove from a reemployment roster

the name of any otherwise eligible person who, by reason of physical or

mental incapacity, is found to be unable to satisfactorily perform the

duties of the position for which such roster has been established, or

who has engaged in such misconduct as would warrant their dismissal from

public employment, except that a person who is not completely physically

incapacitated and who is suspended or demoted pursuant to section eighty

of this article because their position has been abolished or reduced,

but who is certified for reinstatement to any position having the same

physical requirements as the position from which such person was

suspended or demoted, shall not be disqualified because of their

incapacity, unless upon medical examination their incapacity has

worsened to a degree that they would not be able to satisfactorily

perform in such position. No person shall be disqualified pursuant to

this subdivision unless they are first given a written statement of the

reasons therefor and an opportunity to be heard at a hearing at which

satisfactory proof of such reasons must be established by appropriate

evidence, and at which such person may present independent evidence and

be entitled to representation by counsel. The department shall designate

a person to hold such hearing and report thereon.

6. Notwithstanding any other provision of this chapter, any person may

voluntarily remove his or her name from a reemployment roster by

application to the department.

Placement rosters in the state service; certification and

appointment therefrom. 1. Establishment of placement rosters in the

state service; general provisions. The head of any department, office or

institution from which an employee in the state service is to be

suspended or demoted in accordance with the provisions of section eighty

of this article, shall, no later than the date on which they furnish the

state civil service department with the employee information required

pursuant to section eighty-one-a of this article for purposes of

establishing reemployment rosters, furnish the state civil service

department with a statement showing such employee's name, title or

position, date of appointment, and the anticipated date of and reason

for suspension or demotion. Upon receiving such information, it shall be

the duty of the department forthwith to place the name of such employee

upon a placement roster for filling vacancies in the same title or in

any comparable position as determined by the department, except that

employees suspended or demoted from positions in the noncompetitive and

labor classes may not be certified to fill vacancies in the competitive

class. Such placement roster shall be certified for filling a vacancy in

any such position before certification is made from any other list,

including a promotion eligible list, but not prior to a preferred list

or a reemployment roster. Eligibility for appointment of an employee

whose name appears on any such placement roster shall terminate at such

time as the employee is suspended or demoted in accordance with the

provisions of section eighty of this article. Upon such employee's

suspension or demotion, the department shall place the name of such

employee upon a preferred list, and a reemployment roster as

appropriate, in accordance with the provisions of sections eighty-one

and eighty-one-a of this article.

2. Order of certification of names from a placement roster. The names

of employees on a placement roster shall be certified therefrom with

equal ranking for appointment.

3. Probationary term. All appointments from a placement roster shall

require completion of a probationary term in accordance with rules

promulgated by the commission pursuant to subdivision two of section

sixty-three of this chapter.

4. Effect of appointment or failure or refusal to accept appointment.

The commission shall adopt rules providing for the relinquishment of

eligibility for appointment upon appointment or upon failure or refusal

to accept appointment from a placement roster.

5. Notwithstanding any other provision of this chapter, any employee

may voluntarily remove his or her name from a placement roster by

application to the department.

Procedures relating to assaults on employees responsible for

enforcement of certain regulations in the city of New York. 1. The

mayor of the city of New York shall establish a procedure for

determining whether an employee of such city enforcing certain

regulations in such city suffered an injury in performance of his or her

duties as a result of the commission of any of the following offenses:

assault as defined in article one hundred twenty of the penal law,

menacing as defined in section 120.15 of such law or harassment as

defined in subdivision one of section 240.25 of such law. Provided,

however, that such procedure shall not be heard in the first instance or

reviewed subsequently thereto by an officer, employee or agent of the

department in which such employee is employed.

2. For the purposes of this section, an employee of the city of New

York responsible for enforcing certain regulations in such city shall

mean a traffic enforcement agent or an employee of the department of

sanitation who is authorized to issue notices of violation, summons or

appearance tickets.

Authorized absence. 1. During the time that a state emergency

exists following a declaration of such emergency pursuant to section

twenty-eight of the executive law, every public officer or employee of

this state may request an authorized absence from his or her duties or

service as such public officer or employee while engaged in the actual

performance of his or her duties as, (a) a volunteer firefighter, or (b)

an enrolled member of a volunteer ambulance service pursuant to article

thirty of the public health law.

2. Requests for such authorized absence shall be approved by the

appropriate supervisor to the extent that such absence would not

interfere with proper conduct of governmental functions.

3. As used in this section, the term public officer or employee shall

not include officers or employees of municipalities or other political

subdivisions of the state.

4. The entire period of the authorized absence granted pursuant to

this section shall be excused leave and shall not be charged against any

other leave such public officer or employee is otherwise entitled to,

and such authorized absence shall include travel both to and from such

duties performed in his or her capacity as a volunteer.

5. As used in this section, the term agency shall mean any department,

board, bureau, commission, division, office, council, committee or

office of the state, a public benefit corporation or public authority at

least one of whose members is appointed by the governor.

Emergency service volunteers; paid leave. Notwithstanding any

other provisions of law to the contrary, public officers and employees

of the state who are certified by the American Red Cross as disaster

volunteers shall be granted leave from work with pay to participate in

specialized disaster relief operations upon written request for such

services by the American Red Cross and upon the approval of the chief

administrative officer of the state agency, department or bureau for

which the public officer or employee serves. The public officer or

employee shall be compensated at his or her regular rate of pay for

those regular work hours during which the public officer or employee is

absent from work while participating in authorized specialized disaster

relief operations. Such leave shall be provided without loss of

seniority, compensation, sick leave, vacation leave or other overtime

compensation to which the volunteer is otherwise entitled and shall not

exceed twenty days in any calendar year.

Civil air patrol volunteers; paid leave. Notwithstanding any

other provisions of law to the contrary, public officers and employees

of the state who are members of the United States Air Force Auxiliary

Civil Air Patrol or the United States Coast Guard Auxiliary Pilots shall

be granted leave from work with pay to participate in emergency services

during a declared state of emergency upon a written request from a unit

commander and the approval of the chief administrative officer of the

state agency, department or bureau for which the public officer or

employee serves. The public officer or employee shall be compensated at

his or her regular rate of pay for those regular work hours during which

the public officer or employee is absent from work while participating

in emergency services missions during a declared state of emergency.

Such leave shall be provided without loss of seniority, compensation,

sick leave, vacation leave or other overtime compensation to which the

volunteer is otherwise entitled and shall not exceed twenty days in any

calendar year.

Legislative intent. In the event that municipalities propose a

merger of all or part of existing police agencies within counties in

establishing a countywide, a part-county or combinations of municipal

police agencies, orderly transitional procedures will be required. In

such consolidations of the police functions within a county it is

necessary to provide a uniform and equitable method for transferring the

members of existing police departments into the combined agency

structure. Such methods should protect the rights held by present

employees in their existing organization.

Creation of a police advisory board. Notwithstanding the

provisions of section seventy of the civil service law or any other

general, special or local law, rule or regulation, in any county, not

wholly contained in a city, where the police agencies in such county

will be consolidated, the local legislative body of such county, if the

new or existing agency is a county police agency, or the local

legislative body of the new agency if it be other than a county police

agency, shall notify the state civil service commission who shall create

a police advisory board. The purposes of such board will be to

recommend to the state civil service commission the rank to which

present employees would be assigned in the consolidated agency.

Membership of board. The advisory board shall consist of:

(a) A representative of the New York state department of civil service

who will serve as secretary to the board. This member will have no vote

in the proceedings but shall transmit to findings of the board to the

state civil service commission.

(b) The chief executive officer of the civil service agency

responsible for the administration of civil service law for the newly

organized or enlarged police organization.

(c) The chief executive of the municipality of the newly created or

enlarged police organization or his duly designated representative.

(d) 1. Three chiefs of police nominated by the president of the New

York state association of chiefs of police, none of whom are involved in

the transfer, merger, or creation of the combined agency either directly

or indirectly. These members shall have no votes upon matters pertaining

to the ranks below that of lieutenant.

2. In matters pertaining to the ranks below that of lieutenant, votes

shall be cast by three members of the police conference of the state of

New York nominated by the president of the police conference of New

York.

Additional members on board. In addition to the foregoing, the

following additional members shall be added to the board depending upon

the type of merger involved:

(a) Consolidation of two police agencies. The chief of police of both

agencies involved in the consolidation and the chief executive officer

of both municipalities involved in the consolidation.

(b) Consolidation of all or a combination of more than two existing

police departments in the county. In cases where all or a combination of

existing police departments in the county are being merged into a

uniform county or part-county police department, then the chiefs of

police of the departments involved in the merger shall select from among

themselves one member to represent the group. Similarly all the chief

executives of the municipalities involved in the merger shall select one

of their members to represent the group.

(c) Consolidation of all or a combination of more than two existing

police departments in the county and the criminal division of the

sheriff's department. In addition to the members of the board previously

indicated, there shall be added to the board, the sheriff.

(d) For the purposes of this section, the chief of police means that

person who is employed by a municipality on a full-time salaried basis

for the express purpose of administering a police department and who has

successfully passed a civil service examination for chief of police, and

has received such appointment.

Police advisory board meetings. The board will be convened by

the president of the state civil service department, who will indicate

the date, time and place of the first meeting. Subsequent meetings will

be held in accordance with the majority determination of the board.

Duties of police advisory board. The board will establish

appropriate procedures and policies for the conduct of its affairs and

will make its recommendations to the president of the state civil

service commission.

Procedures. a. In making recommendations for the appropriate

rank to which present police officers will be assigned to the

consolidated department, consideration will be given to the examination

from which the present incumbents received their permanent civil service

status, the length of time served in their present position and other

related factors which will be established and promulgated by the board.

b. Where there may not be sufficient vacancies in the organization of

the consolidated police department for all persons to be assigned to

their rank as determined by the board, the board will determine the

persons to be selected for existing vacancies in accordance with

criteria established by the board. Those persons not selected to the

rank to which their previous position has been declared equivalent will

be placed on a preferred list for that specific rank. Such persons will

have priority in appointment for the next lower rank position in the

organization. Such appointment will not affect their status on the

preferred list in the higher rank when subsequent vacancies develop.

Compensation of board members. No member of the board shall

receive any additional compensation from the state of New York or any of

its political subdivisions for any services rendered to the board nor

any expenses incurred in attendance at board meetings.

Additional credit allowed veterans in competitive examinations;

preference in retention upon abolition of positions. 1. Definitions.

(a) The terms "veteran" and "non-disabled veteran" mean a member of the

armed forces of the United States who was honorably discharged or

released under honorable circumstances from such service including (i)

having a qualifying condition as defined in section one of the veterans'

services law, and receiving a discharge other than bad conduct or

dishonorable from such service, or (ii) being a discharged LGBT veteran,

as defined in section one of the veterans' services law, and receiving a

discharge other than bad conduct or dishonorable from such service, who

is a citizen of the United States or a noncitizen lawfully admitted for

permanent residence in the United States and who is a resident of the

state of New York at the time of application for appointment or

promotion or at the time of retention, as the case may be.

(b) The term "disabled veteran" means a veteran who is certified by

the United States veterans' administration or a military department as

entitled to receive disability payments upon the certification of such

veterans' administration or a military department for a disability

incurred by him or her in the course of his or her service and in

existence at the time of application for appointment or promotion or at

the time of retention, as the case may be. Such disability shall be

deemed to be in existence at the time of application for appointment or

promotion or at the time of retention, as the case may be, if the

certificate of such veterans' administration shall state affirmatively

that such veteran has been examined by a medical officer of such

veterans' administration on a date within one year of either the date of

filing application for competitive examination for original appointment

or promotion or the date of the establishment of the resulting eligible

list or within one year of the time of retention, as the case may be;

that at the time of such examination the disability described in such

certificate was found to exist; and that such disability is rated at ten

per centum or more. Such disability shall also be deemed to be in

existence at such time if the certificate of such veterans'

administration shall state affirmatively that a permanent stabilized

condition of disability exists to an extent of ten per centum or more,

notwithstanding the fact that such veteran has not been examined by a

medical officer of such veterans' administration within one year of

either the time of application for appointment or promotion or the date

of filing application for competitive examination for original

appointment or promotion, or within one year of the time of retention,

as the case may be.

(c) The term "time of application for original appointment or

promotion" shall mean the date of the establishment of an eligible list

resulting from a competitive examination for original appointment or

promotion, as the case may be, which date shall be the date on which the

term of such eligible list commences.

(d) The term "time of retention" shall mean the time of abolition or

elimination of positions.

2. Additional credits in competitive examinations for original

appointment or promotion.

(a) On all eligible lists resulting from competitive examinations, the

names of eligibles shall be entered in the order of their respective

final earned ratings on examination, with the name of the eligible with

the highest final earned rating at the head of such list, provided,

however, that for the purpose of determining final earned ratings,

(1) Disabled veterans shall be entitled to receive ten points

additional in a competitive examination for original appointment and

five points additional credit in a competitive examination for

promotion, and

(2) Non-disabled veterans shall be entitled to receive five points

additional credit in a competitive examination for original appointment

and two and one-half points additional credit in a competitive

examination for promotion.

(b) Such additional credit shall be added to the final earned rating

of such disabled veteran or non-disabled veteran, as the case may be,

after he or she has qualified in the competitive examination and shall

be granted only at the time of establishment of the resulting eligible

list.

3. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing himself

entitled to additional credit in a competitive examination as provided

herein, may make application for such additional credit at any time

between the date of his application for examination and the date of the

establishment of the resulting eligible list. Such candidates shall be

allowed a period of not less than two months from the date of the filing

of his application for examination in which to establish by appropriate

documentary proof his eligibility to receive additional credit under

this section. At any time after two months have elapsed since the final

date for filing applications for a competitive examination for original

appointment or promotion, the eligible list resulting from such

examination may be established, notwithstanding the fact that a veteran

or disabled veteran who has applied for additional credit has failed to

establish his eligibility to receive such additional credit. A candidate

who fails to establish, by appropriate documentary proof, his

eligibility to receive additional credit by the time an eligible list is

established shall not thereafter be granted additional credit on such

eligible list.

4. Use of additional credit. (a) Except as herein otherwise provided,

no person who has received a permanent original appointment or a

permanent promotion in the civil service of the state or of any city or

civil division thereof from an eligible list on which he was allowed the

additional credit granted by this section, either as a veteran or

disabled veteran, shall thereafter be entitled to any additional credit

under this section either as a veteran or a disabled veteran.

(b) Where, at the time of establishment of an eligible list, the

position of a veteran or disabled veteran on such list has not been

affected by the addition of credits granted under this section, the

appointment or promotion of such veteran or disabled veteran, as the

case may be, from such eligible list shall not be deemed to have been

made from an eligible list on which he was allowed the additional credit

granted by this section.

(c) If, at the time of appointment from an eligible list, a veteran or

disabled veteran is in the same relative standing among the eligibles

who are willing to accept appointment as if he had not been granted the

additional credits provided by this section, his appointment from among

such eligibles shall not be deemed to have been made from an eligible

list on which he was allowed such additional credits.

(d) Where a veteran or disabled veteran has been originally appointed

or promoted from an eligible list on which he was allowed additional

credit, but such appointment or promotion is thereafter terminated

either at the end of the probationary term or by resignation at or

before the end of the probationary term, he shall not be deemed to have

been appointed or promoted, as the case may be, from an eligible list on

which he was allowed additional credit, and such appointment or

promotion shall not affect his eligibility for additional credit in

other examinations.

5. Withdrawal of application; election to relinquish additional

credit. An application for additional credit in a competitive

examination under this section may be withdrawn by the applicant at any

time prior to the establishment of the resulting eligible list. At any

time during the term of existence of an eligible list resulting from a

competitive examination in which a veteran or disabled veteran has

received the additional credit granted by this section, such veteran or

disabled veteran may elect, prior to permanent original appointment or

permanent promotion, to relinquish the additional credit theretofore

granted to him and accept the lower position on such eligible list to

which he would otherwise have been entitled; provided, however, that

such election shall thereafter be irrevocable. Such election shall be in

writing and signed by the veteran or disabled veteran, and transmitted

to the state civil service department or the appropriate municipal civil

service commission.

6. Roster. The state civil service department and each municipal

commission shall establish and maintain in its office a roster of all

veterans and disabled veterans appointed or promoted as a result of

additional credits granted by this section to positions under its

jurisdiction. The appointment or promotion of a veteran or disabled

veteran as a result of additional credits shall be void if such veteran

or disabled veteran, prior to such appointment or promotion, had been

appointed or promoted as a result of additional credits granted by this

section.

7. Preference in retention upon the abolition of positions. In the

event of the abolition or elimination of any position in the civil

service, any suspension, demotion or displacement shall be made in the

inverse order of the date of original appointment in the service subject

to the following conditions: (1) blind employees shall be granted

absolute preference in retention; (2) the date of such original

appointment for disabled veterans shall be deemed to be sixty months

earlier than the actual date, determined in accordance with section

thirty of the general construction law; (3) the date of such original

appointment for non-disabled veterans shall be deemed to be thirty

months earlier than the actual date, determined in accordance with

section thirty of the general construction law; (4) no permanent

competitive class employee subject to the jurisdiction of the civil

service commission of the city of New York who receives an injury in the

line of duty, as defined in this paragraph, which requires immediate

hospitalization, and which is not compensable through workers'

compensation may be suspended, demoted or displaced pursuant to section

eighty of this chapter within three months of the date of their

confinement, provided that medical authorities approved by such

commission shall certify that the employee is not able to perform the

duties of their position; provided further, that such three-month period

may be extended by such commission for additional periods not to exceed

one year each upon the certification of medical authorities selected by

such commission that the employee is, as a result of their injury, still

not able to perform the duties of their position. An injury in the line

of duty, as used herein, shall be construed to mean an injury which is

incurred as a direct result of the lawful performance of the duties of

the position. In determining whether an injury was received in the line

of duty, such commission shall require the head of the agency by which

the employee is employed to certify that the injury was received as a

direct result of the lawful performance of the employee's duties; and

(5) the spouse of a veteran with one hundred percent service connected

disability shall be deemed to be sixty months earlier than the actual

date, determined in accordance with section thirty of the general

construction law, provided, the spouse is domiciled with the

veteran-spouse and is the head of the household. This section shall not

be construed as conferring any additional benefit upon such employee

other than a preference in retention. Such employee shall be subject to

transfer upon the abolition of their function within their agency or

department.

7-a. For the purpose of subdivision seven of this section, the terms

"date of original appointment" and "date of original appointment in the

service" shall mean, for persons subject to subdivisions one-a and one-c

of section eighty of this chapter, the date of original appointment on a

permanent basis in the grade or title in the service of the governmental

jurisdiction in which such abolition or reduction occurs.

8. Penalty for denial of preference in retention. A refusal to allow

the preference in retention provided for in this section to any veteran

or disabled veteran, or a reduction of his compensation intended to

bring about his resignation shall be deemed a misdemeanor, and any such

veteran or disabled veteran shall have a right of action therefor in any

court of competent jurisdiction for damages and for righting the wrong.

Additional credits allowed children and siblings of

firefighters, police officers, emergency medical technicians and

paramedics killed in the line of duty. 1. Additional credit authorized.

Additional credits shall be allowed children and siblings of

firefighters, police officers, emergency medical technicians and

paramedics killed in the line of duty, as "child" and "sibling" in this

section in competitive examinations for original appointment. (a) On all

eligible lists resulting from competitive examinations, the names of

eligible persons shall be entered in the order of their respective final

earned ratings on examinations, with the name of the eligible person

with the highest final earned ratings at the head of such list,

provided, however, that for the purpose of determining final earned

ratings, children and siblings of firefighters, police officers,

emergency medical technicians and paramedics killed in the line of duty

shall be entitled to receive an additional ten points in a competitive

examination for original appointment in the same municipality in which

his or her parent or sibling has served. For the purposes of this

paragraph, a police officer or firefighter shall be deemed to have

"served" in a municipality if he or she was employed by, or worked

primarily in, that municipality.

(b) Such additional credit shall be added to the final earned rating

of such child or sibling, as the case may be, after he or she has

qualified in the competitive examination and shall be granted only at

the time of establishment of the resulting eligible list.

2. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing himself or

herself entitled to additional credit in a competitive examination as

provided in this section, may make application for such additional

credit at any time between the date of his or her application for

examination and the date of the establishment of the resulting eligible

list. Such candidates shall be allowed a period of not less than two

months from the date of the filing of his or her application for

examination in which to establish by appropriate documentary proof his

or her eligibility to receive additional credit under this section. At

any time after two months have elapsed since the final date for filing

applications for a competitive examination for original appointment, the

eligible list resulting from such examination may be established,

notwithstanding the fact that a child or sibling who has applied for

additional credit has failed to establish his or her eligibility to

receive such additional credit. A candidate who fails to establish, by

appropriate documentary proof, his or her eligibility to receive

additional credit by the time an eligible list is established shall not

thereafter be granted additional credit on such eligible list.

3. Use of additional credit. (a) Except as otherwise provided in this

subdivision, no person who has received a permanent original appointment

in the civil service of the state or of any city or civil division

thereof from an eligible list on which he or she was allowed the

additional credit granted by this section as a child or sibling, shall

thereafter be entitled to any additional credit under this section as a

child or sibling.

(b) Where, at the time of establishment of an eligible list, the

position of a child or sibling on such list has not been affected by the

addition of credits granted under this section, the appointment of such

child or sibling from such eligible list shall not be deemed to have

been made from an eligible list on which he or she was allowed the

additional credit granted by this section.

(c) If, at the time of appointment from an eligible list, a child or

sibling is in the same relative standing among the eligible persons who

are willing to accept appointment as if he or she had not been granted

the additional credits as provided by this section, his or her

appointment from such eligible persons shall not be deemed to have been

made from an eligible list on which he or she was allowed such

additional credits.

(d) Where a child or sibling has been originally appointed from an

eligible list on which he or she was allowed such additional credit, but

such appointment is thereafter terminated either at the end of the

probationary term or by resignation at or before the end of the

probationary term, he or she shall not be deemed to have been appointed,

as the case may be, from an eligible list on which he or she is allowed

additional credit, and such appointment shall not affect his or her

eligibility for additional credit in other examinations.

4. Withdrawal of application; election to relinquish additional

credit. An application for additional credit in a competitive

examination under this section may be withdrawn by the applicant at any

time prior to the establishment of the resulting eligible list. At any

time during the term of existence of an eligible list resulting from a

competitive examination in which a child or sibling has received the

additional credit granted by this section, such child or sibling may

elect, prior to permanent original appointment, to relinquish the

additional credit theretofore granted to him or her and accept the lower

position on such eligible list to which he or she would otherwise have

been entitled; provided, however, that such election shall thereafter be

irrevocable. Such election shall be in writing and signed by the child

or sibling, and transmitted to the department or the appropriate

municipal civil service commission.

5. Roster. The department and each municipal commission shall

establish and maintain in its office a roster of all such children or

siblings appointed as a result of additional credits granted by this

section to positions under its jurisdiction. The appointment of a child

or sibling as a result of additional credits shall be void if such child

or sibling, prior to such appointment, had been appointed as a result of

additional credits granted by this section.

Additional credits allowed children and siblings of

firefighters and police officers killed in the line of duty. 1.

Definition. As used in this section, "killed in the line of duty" shall

mean having died in the performance of duty as the natural and proximate

result of the World Trade Center attack on September eleventh, two

thousand one or as the natural and proximate result of participation in

the rescue effort that was conducted in response to such attack.

2. Additional credit authorized. Additional credits shall be allowed

children and siblings of firefighters and police officers killed in the

line of duty in competitive examinations for original appointment. (a)

On all eligible lists resulting from competitive examinations, the names

of eligible persons shall be entered in the order of their respective

final earned ratings on examinations, with the name of the eligible

person with the highest final earned ratings at the head of such list,

provided, however, that for the purpose of determining final earned

ratings, children and siblings of firefighters and police officers

killed in the line of duty shall be entitled to receive an additional

ten points in a competitive examination for original appointment in the

same municipality in which his or her parent or sibling has served.

(b) Such additional credit shall be added to the final earned rating

of such child or sibling, as the case may be, after he or she has

qualified in the competitive examination and shall be granted only at

the time of establishment of the resulting eligible list.

3. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing himself or

herself entitled to additional credit in a competitive examination as

provided in this section, may make application for such additional

credit at any time between the date of his or her application for

examination and the date of the establishment of the resulting eligible

list. Such candidates shall be allowed a period of not less than two

months from the date of the filing of his or her application for

examination in which to establish by appropriate documentary proof his

or her eligibility to receive additional credit under this section. At

any time after two months have elapsed since the final date for filing

applications for a competitive examination for original appointment, the

eligible list resulting from such examination may be established,

notwithstanding the fact that a child or sibling who has applied for

additional credit has failed to establish his or her eligibility to

receive such additional credit. A candidate who fails to establish, by

appropriate documentary proof, his or her eligibility to receive

additional credit by the time an eligible list is established shall not

thereafter be granted additional credit on such eligible list.

4. Use of additional credit. (a) Except as otherwise provided in this

subdivision, no person who has received a permanent original appointment

in the civil service of the state or of any city or civil division

thereof from an eligible list on which he or she was allowed the

additional credit granted by this section as a child or sibling, shall

thereafter be entitled to any additional credit under this section as a

child or sibling.

(b) Where, at the time of establishment of an eligible list, the

position of a child or sibling on such list has not been affected by the

addition of credits granted under this section, the appointment of such

child or sibling from such eligible list shall not be deemed to have

been made from an eligible list on which he or she was allowed the

additional credit granted by this section.

(c) If, at the time of appointment from an eligible list, a child or

sibling is in the same relative standing among the eligible persons who

are willing to accept appointment as if he or she had not been granted

the additional credits as provided by this section, his or her

appointment from such eligible persons shall not be deemed to have been

made from an eligible list on which he or she was allowed such

additional credits.

(d) Where a child or sibling has been originally appointed from an

eligible list on which he or she was allowed such additional credit, but

such appointment is thereafter terminated either at the end of the

probationary term or by resignation at or before the end of the

probationary term, he or she shall not be deemed to have been appointed,

as the case may be, from an eligible list on which he or she is allowed

additional credit, and such appointment shall not affect his or her

eligibility for additional credit in other examinations.

5. Withdrawal of application; election to relinquish additional

credit. An application for additional credit in a competitive

examination under this section may be withdrawn by the applicant at any

time prior to the establishment of the resulting eligible list. At any

time during the term of existence of an eligible list resulting from a

competitive examination in which a child or sibling has received the

additional credit granted by this section, such child or sibling may

elect, prior to permanent original appointment, to relinquish the

additional credit theretofore granted to him or her and accept the lower

position on such eligible list to which he or she would otherwise have

been entitled; provided, however, that such election shall thereafter be

irrevocable. Such election shall be in writing and signed by the child

or sibling, and transmitted to the department or the appropriate

municipal civil service commission.

6. Roster. The department and each municipal commission shall

establish and maintain in its office a roster of all such children and

siblings appointed as a result of additional credits granted by this

section to positions under its jurisdiction. The appointment of a child

or sibling as a result of additional credits shall be void if such child

or sibling, prior to such appointment, had been appointed as a result of

additional credits granted by this section.

Additional credits allowed the children and siblings of

emergency medical technicians and paramedics killed in the line of duty.

1. Definitions. (a) As used in this section, "killed in the line of

duty" shall mean having died in the performance of duty as the natural

and proximate result of the World Trade Center attack on September

eleventh, two thousand one or as the natural and proximate result of

participation in the rescue effort that was conducted in response to

such attack.

(b) As used in this section "emergency medical technician" shall mean

a person who was employed by the city of New York or by the New York

city health and hospitals corporation in a title whose duties are those

of an emergency medical technician or advanced emergency medical

technician (as those terms are defined in section three thousand one of

the public health law), or in a title whose duties require the

supervision of employees whose duties are those of an emergency medical

technician or advanced emergency medical technician (as those terms are

defined in section three thousand one of the public health law).

2. Additional credit authorized. Additional credits shall be allowed

children and siblings of emergency medical technicians killed in the

line of duty in competitive examinations for original appointment.

(a) On all eligible lists resulting from competitive examinations, the

names of eligible persons shall be entered in the order of their

respective final earned ratings on examinations, with the name of the

eligible person with the highest final earned ratings at the head of

such list; provided, however, that for the purpose of determining final

earned ratings, children and siblings of emergency medical technicians

killed in the line of duty shall be entitled to receive an additional

ten points in a competitive examination for original appointment in the

same municipality in which his or her parent or sibling has served.

(b) Such additional credit shall be added to the final earned rating

of such child or sibling, as the case may be, after he or she has

qualified in the competitive examination and shall be granted only at

the time of establishment of the resulting eligible list.

3. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing himself or

herself entitled to additional credit in a competitive examination as

provided in this section, may make application for such additional

credit at any time between the date of his or her application for

examination and the date of the establishment of the resulting eligible

list. Such candidates shall be allowed a period of not less than two

months from the date of the filing of his or her application for

examination in which to establish by appropriate documentary proof his

or her eligibility to receive additional credit under this section. At

any time after two months have elapsed since the final date for filing

applications for a competitive examination for original appointment, the

eligible list resulting from such examination may be established,

notwithstanding the fact that a child or sibling who has applied for

additional credit has failed to establish his or her eligibility to

receive such additional credit. A candidate who fails to establish, by

appropriate documentary proof, his or her eligibility to receive

additional credit by the time an eligible list is established shall not

thereafter be granted additional credit on such eligible list.

4. Use of additional credit. (a) Except as otherwise provided in this

subdivision, no person who has received a permanent original appointment

in the civil service of the state or of any city or civil division

thereof from an eligible list on which he or she was allowed the

additional credit granted by this section as a child or sibling, shall

thereafter be entitled to any additional credit under this section as a

child or sibling.

(b) Where, at the time of establishment of an eligible list, the

position of a child or sibling on such list has not been affected by the

addition of credits granted under this section, the appointment of such

child or sibling from such eligible list shall not be deemed to have

been made from an eligible list on which he or she was allowed the

additional credit granted by this section.

(c) If, at the time of appointment from an eligible list, a child or

sibling is in the same relative standing among the eligible persons who

are willing to accept appointment as if he or she had not been granted

the additional credits as provided by this section, his or her

appointment from such eligible persons shall not be deemed to have been

made from an eligible list on which he or she was allowed such

additional credits.

(d) Where a child or sibling has been originally appointed from an

eligible list on which he or she was allowed such additional credit, but

such appointment is thereafter terminated either at the end of the

probationary term or by resignation at or before the end of the

probationary term, he or she shall not be deemed to have been appointed,

as the case may be, from an eligible list on which he or she is allowed

additional credit, and such appointment shall not affect his or her

eligibility for additional credit in other examinations.

5. Withdrawal of application; election to relinquish additional

credit. An application for additional credit in a competitive

examination under this section may be withdrawn by the applicant at any

time prior to the establishment of the resulting eligible list. At any

time during the term of existence of an eligible list resulting from a

competitive examination in which a child or sibling has received the

additional credit granted by this section, such child or sibling may

elect, prior to permanent original appointment, to relinquish the

additional credit theretofore granted to him or her and accept the lower

position on such eligible list to which he or she would otherwise have

been entitled; provided, however, that such election shall thereafter be

irrevocable. Such election shall be in writing and signed by the child

or sibling, and transmitted to the department or the appropriate

municipal civil service commission.

6. Roster. The department and each municipal commission shall

establish and maintain in its office a roster of all such children and

siblings appointed as a result of additional credits granted by this

section to positions under its jurisdiction. The appointment of a child

or sibling as a result of additional credits shall be void if such child

or sibling, prior to such appointment, had been appointed as a result of

additional credits granted by this section.

Additional credits allowed the children and siblings of New

York city sanitation members killed in the line of duty. 1. Definitions.

(a) As used in this section, "killed in the line of duty" shall mean

having died in the performance of duty as the natural and proximate

result of the World Trade Center attack on September eleventh, two

thousand one or as the natural and proximate result of participation in

the rescue effort that was conducted in response to such attack.

(b) As used in this section "New York city sanitation member" shall

mean a sanitation member as defined in subdivision sixty-four of section

13-101 of the administrative code of the city of New York.

2. Additional credit authorized. Additional credits shall be allowed

to children and siblings of New York city sanitation members killed in

the line of duty in competitive examinations for original appointment.

(a) On all eligible lists resulting from competitive examinations, the

names of eligible persons shall be entered in the order of their

respective final earned ratings on examinations, with the name of the

eligible person with the highest final earned ratings at the head of

such list; provided, however, that for the purpose of determining final

earned ratings, children and siblings of New York city sanitation

members killed in the line of duty shall be entitled to receive an

additional ten points in a competitive examination for original

appointment in the same municipality in which such child or sibling's

parent or sibling has served.

(b) Such additional credit shall be added to the final earned rating

of such child or sibling, as the case may be, after such child or

sibling has qualified in the competitive examination and shall be

granted only at the time of establishment of the resulting eligible

list.

3. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing that such

candidate is entitled to additional credit in a competitive examination

as provided in this section, may make application for such additional

credit at any time between the date of such candidate's application for

examination and the date of the establishment of the resulting eligible

list. Such candidates shall be allowed a period of not less than two

months from the date of the filing of their application for examination

in which to establish by appropriate documentary proof such candidate's

eligibility to receive additional credit under this section. At any time

after two months have elapsed since the final date for filing

applications for a competitive examination for original appointment, the

eligible list resulting from such examination may be established,

notwithstanding the fact that a child or sibling who has applied for

additional credit has failed to establish such child or sibling's

eligibility to receive such additional credit. A candidate who fails to

establish, by appropriate documentary proof, such candidate's

eligibility to receive additional credit by the time an eligible list is

established shall not thereafter be granted additional credit on such

eligible list.

4. Use of additional credit. (a) Except as otherwise provided in this

subdivision, no person who has received a permanent original appointment

in the civil service of the state or of any city or civil division

thereof from an eligible list on which such person was allowed the

additional credit granted by this section as a child or sibling, shall

thereafter be entitled to any additional credit under this section as a

child or sibling.

(b) Where, at the time of establishment of an eligible list, the

position of a child or sibling on such list has not been affected by the

addition of credits granted under this section, the appointment of such

child or sibling from such eligible list shall not be deemed to have

been made from an eligible list on which such child or sibling was

allowed the additional credit granted by this section.

(c) If, at the time of appointment from an eligible list, a child or

sibling is in the same relative standing among the eligible persons who

are willing to accept appointment as if such child or sibling had not

been granted the additional credits as provided by this section, such

child or sibling's appointment from such eligible persons shall not be

deemed to have been made from an eligible list on which such child or

sibling was allowed such additional credits.

(d) Where a child or sibling has been originally appointed from an

eligible list on which such child or sibling was allowed such additional

credit, but such appointment is thereafter terminated either at the end

of the probationary term or by resignation at or before the end of the

probationary term, such child or sibling shall not be deemed to have

been appointed, as the case may be, from an eligible list on which such

child or sibling is allowed additional credit, and such appointment

shall not affect such child or sibling's eligibility for additional

credit in other examinations.

5. Withdrawal of application; election to relinquish additional

credit. An application for additional credit in a competitive

examination under this section may be withdrawn by the applicant at any

time prior to the establishment of the resulting eligible list. At any

time during the term of existence of an eligible list resulting from a

competitive examination in which a child or sibling has received the

additional credit granted by this section, such child or sibling may

elect, prior to permanent original appointment, to relinquish the

additional credit theretofore granted to such child or sibling and

accept the lower position on such eligible list to which such child or

sibling would otherwise have been entitled; provided, however, that such

election shall thereafter be irrevocable. Such election shall be in

writing and signed by the child or sibling, and transmitted to the

department or the appropriate municipal civil service commission.

6. Roster. The department and each municipal commission shall

establish and maintain in its office a roster of all such children and

siblings appointed as a result of additional credits granted by this

section to positions under its jurisdiction. The appointment of a child

or sibling as a result of additional credits shall be void if such child

or sibling, prior to such appointment, had been appointed as a result of

additional credits granted by this section.

Transfer of veterans or exempt volunteer firefighters upon

abolition of positions. If the position in the non-competitive or in the

labor class held by any honorably discharged veteran of the armed forces

of the United States or by any veteran of the armed forces of the United

States released under honorable circumstances from such service

including (i) having a qualifying condition as defined in section one of

the veterans' services law, and receiving a discharge other than bad

conduct or dishonorable from such service, or (ii) being a discharged

LGBT veteran, as defined in section one of the veterans' services law,

and receiving a discharge other than bad conduct or dishonorable from

such service, who served therein in time of war as defined in section

eighty-five of this chapter, or by an exempt volunteer firefighter as

defined in the general municipal law, shall become unnecessary or be

abolished for reasons of economy or otherwise, the honorably discharged

veteran or exempt volunteer firefighter holding such position shall not

be discharged from the public service but shall be transferred to a

similar position wherein a vacancy exists, and shall receive the same

compensation therein. It is hereby made the duty of all persons clothed

with the power of appointment to make such transfer effective. The right

to transfer herein conferred shall continue for a period of one year

following the date of abolition of the position, and may be exercised

only where a vacancy exists in an appropriate position to which transfer

may be made at the time of demand for transfer. Where the positions of

more than one such veteran or exempt volunteer firefighter are abolished

and a lesser number of vacancies in similar positions exist to which

transfer may be made, the veterans or exempt volunteer firefighters

whose positions are abolished shall be entitled to transfer to such

vacancies in the order of their original appointment in the service.

Nothing in this section shall be construed to apply to the position of

private secretary, cashier or deputy of any official or department. This

section shall have no application to persons encompassed by section

eighty-a of this chapter.

Prohibition against disqualification on account of age or

disability. A veteran or disabled veteran shall not be disqualified from

holding any position in the civil service on account of age, except for

positions for which age limitations are specifically authorized or

prescribed by law, provided such age does not render him incompetent to

perform the duties of the position applied for. A disabled veteran

shall not be disqualified from holding any position in the civil service

by reason of a war-incurred disability, provided such disability does

not render him incompetent to perform the duties of the position applied

for.

Prohibition against discrimination against public employees

serving in the armed forces. No public employer, as defined in

subdivision six of section two hundred one of this chapter, shall deny

employment, re-employment or any benefit of employment to any person or

employee based on prospective, current or past enlistment, appointment

or commission with the armed forces of the United States. Such person or

employee shall be afforded full enforcement rights under the laws of

this state and of the United States, including the Federal Uniformed

Services Employment and Reemployment Rights Act of 1994.

Duties of public officers. It shall be the duty of all officers

of the state of New York or of any civil division or city thereof to

conform to and comply with and to aid in all proper ways in carrying

into effect the provisions of this chapter, and the rules and

regulations prescribed thereunder. No officer or officers having the

power of appointment or employment shall appoint or select any person

for appointment, employment, promotion or reinstatement except in

accordance with the provisions of this chapter and the rules and

regulations established thereunder. Any person employed or appointed

contrary to the provisions of this chapter or of the rules and

regulations established thereunder shall be paid by the officer or

officers so employing or appointing, or attempting to employ or appoint

him, the compensation agreed upon for any services performed under such

appointment or employment or, in case no compensation is agreed upon,

the actual value of such services and any necessary expenses incurred in

connection therewith, and shall have a cause of action against such

officer or officers for such sum and for the costs of the action. No

public officer shall be reimbursed by the state or any of its civil

divisions for any sums so paid or recovered in any such action.

Waiver of rights. No public officer nor any employee acting for

a public officer shall require a candidate for employment to sign any

document whereby such candidate for employment waives any right or

rights accruing to him under this chapter.

Reports of appointing officers; official roster. 1. No person

shall be appointed to or be employed in any position in the classified

service of the state or of any civil division thereof, for which rules

have been established pursuant to the provisions of this chapter, until

he has passed an examination or is exempted from such examination in

conformity with the provisions of this chapter or the rules established

thereunder. It shall be the duty of each appointing officer of the state

or of any civil division thereof to report to the state civil service

department or municipal commission having jurisdiction, forthwith upon

such appointment or employment, the name of such appointee or employee,

the title and character of his office or employment, the date of the

commencement of service by virtue thereof and the salary or compensation

thereof, and to report from time to time and upon the date of official

action in or knowledge of each case, any separation of a person from the

service, or other change therein, and such other information as such

civil service department or municipal commission may require in order to

keep the roster hereinafter mentioned.

2. The civil service department and each municipal commission shall

maintain an official roster of the classified service under its

jurisdiction. Such roster shall contain in detail the employment history

of each employee, showing each change of status or compensation from the

time he enters service until he separates from service, except that it

shall not be necessary to enter in such roster the compensation or

changes in compensation of an employee holding a position classified

pursuant to article eight of this chapter or classified by a municipal

commission and listed in a salary grade plan containing titles and

specific ranges of salary for each title duly adopted by a municipality

or agency under the jurisdiction of such municipal commission.

3. The department shall maintain records documenting the employment of

persons pursuant to contracts for consulting services issued by state

agencies as defined in subdivision seventeen of section eight of the

state finance law. No later than one hundred eighty days after the end

of each fiscal year, the department shall submit to the governor, the

senate finance committee, the assembly ways and means committee and the

department of audit and control a report summarizing the following

information for each state agency:

a. the number of contract employees performing such consulting

services; and

b. the types of services provided by such contract employees.

Certification of payrolls. 1. Payroll certification required.

(a) Except as otherwise provided in this section, no disbursing or

auditing officer of the state or of any civil division thereof shall

approve or pay or take any part in approving or paying any salary or

compensation for personal service to any person holding an office or

position in the classified service unless the voucher or payroll

therefor bears the certificate of the civil service department or

municipal commission having jurisdiction that the persons named therein

are employed in their respective positions in accordance with law and

rules made pursuant to law. The certificate of municipal commissions

shall also include a statement of membership in an appropriate

retirement system where such membership is mandatory. Such certificate

may be executed for and on behalf of such department or commission, as

the case may be, by an officer or employee thereof duly designated in

writing for that purpose. Such certificate may, for cause, be withheld

from an entire payroll or from any item or items therein. If the

department or municipal commission finds that any person has been

promoted, transferred, assigned, reinstated or otherwise employed in

violation of this chapter or rules made pursuant thereto, it shall so

notify the appropriate disbursing and auditing officers who thereafter

shall not pay or approve the payment of any salary or compensation to

such person; and nothing contained in this section shall be construed to

authorize any officer to approve or pay salary or compensation to any

person contrary to such a notice. If, however, permission is granted by

the department to a state agency or state department to certify directly

to the department of audit and control that the persons named in the

certification are employed in their respective positions in accordance

with law and rules made pursuant to law, the department need not certify

any voucher or payroll but may at any time thereafter examine such

payroll or voucher and revoke any previous certification not made in

accordance with such law and rules. Revocation of any such certification

shall, in any action against the appointing officer under section one

hundred two of this chapter, be presumptive evidence that such

certification was improper in the respects not held to be proper by the

department.

(b) The certificate of the civil service department or appropriate

municipal commission shall not be required in advance of the audit and

payment of salary or compensation to temporary laborers if the

appointing officer certifies that the temporary laborers named in the

payroll or account therefor have been appointed or employed in

accordance with law and rules made pursuant thereto, but in such case

such payroll or account shall be submitted within two calendar months

after certification by the appointing officer for further certification

by the department or appropriate municipal commission that the

appointing officer's certification was in whole or in part proper.

Refusal of the department or municipal commission to certify, within

thirty days of receipt of such payroll or account, that the

certification by the appointing officer was in all respects proper

shall, in any action against such appointing officer under section one

hundred two of this chapter, be presumptive evidence that such

certification was improper in the respects not certified as proper by

the department or municipal commission. The department may include

temporary laborers employed by a state agency or state department within

permission granted pursuant to paragraph (a) of this subdivision for

direct certification to the department of audit and control, subject to

the terms for investigation and revocation of such certification

contained in such paragraph. The term "temporary laborers", as used

herein, means persons in the labor class and skilled laborers in the

non-competitive class who are employed temporarily on work of repairs,

maintenance and construction, and who do not constitute part of the

regular force of a department or institution.

(c) Any person entitled to be certified as provided herein and refused

such certificate, or from whom salary or compensation is otherwise

unlawfully withheld, may maintain a proceeding under article

seventy-eight of the civil practice law and rules to compel the issuance

of such certificate or the payment of such salary, or both, as the case

may be.

(d) Nothing contained in this section shall be construed to prevent

the award of a money remedy for the violation of a provision of a

collective bargaining agreement prohibiting the assignment of employees

to duties substantially different from those appropriate to the title to

which the employees are certified. This subdivision may be supplemented,

modified or replaced by provisions of collective bargaining agreements

negotiated between the state and an employee organization pursuant to

article fourteen of this chapter.

(e) Nothing contained in this section shall be construed to prevent

the payment of a money remedy, which shall be for a period no longer

than forty-five days prior to the filing of a grievance, pursuant to

executive order forty-two, dated October fourteenth, nineteen hundred

seventy, and title nine, part five hundred sixty, official compilation

of codes, rules and regulations of the state of New York in resolution

of the assignment of employees to duties substantially different from

those appropriate to the title to which the employees are certified. The

issuance of such a money remedy shall also contain a cease and desist

order from continuation of the assignment of such substantially

different duties to the employee involved.

(f) Notwithstanding the provisions of paragraph (a) of this

subdivision, in cities with a population of one million or more, the

municipal civil service commission may grant permission to a city agency

or department to certify directly to the disbursing or auditing officer

of such city that the persons named in the certification are employed in

their respective positions in accordance with applicable law and rules.

In such cases, the municipal civil service commission need not certify

any voucher or payroll but may at any time thereafter examine such

payroll or voucher and revoke any previous certification not made in

accordance with such law and rules. Revocation of such certification

shall, in any action against the appointing officer pursuant to section

one hundred two of this title, be presumptive evidence that such

certification was improper in the respects not held to be proper by the

municipal civil service commission.

2. Extended certifications. (a) The state civil service commission or

any municipal commission may, by rule, provide that certification of

payrolls of employees of any agency, authority or civil division under

its jurisdiction may be made annually or semi-annually as of the date or

dates specified in such rules provided, however, that on and after July

first, nineteen hundred sixty-one, each such commission shall be deemed

to have adopted a rule providing for annual certification as of the

first full payroll period of the fiscal year of such agency, authority

or civil division, except for such periods after such date during which

a rule or requirement of such commission shall be operative which

provides for other certifications, or dates therefor, consistent with

the provisions of this section. Any such certification shall remain in

effect until the next certification required by such rules, except as to

officers or employees appointed or reinstated after such certification

was made, or officers or employees whose status or salary or

compensation is changed after the last certification of a payroll

containing their names. In such cases the names of such officers and

employees shall be submitted for certification on the first payroll on

which they appear under such appointment, reinstatement, or other new

status or salary or compensation; provided, however, that in the case of

school districts other than city school districts, pending such

certification by the department or commission as to persons not so

previously certified, audit and payment of salary or compensation may be

made for a period not exceeding two calendar months after the

appointment, reinstatement or other change of status or salary or

compensation of such persons if notice thereof in writing is forwarded

to the civil service department within fifteen calendar days after such

appointment, reinstatement or other change of status or salary or

compensation occurs.

(b) In lieu of the procedure authorized by paragraph (a) of this

subdivision the civil service department, with respect to the officers

and employees of any department or agency of the state or any public

authority, may issue certificates hereunder on an extended basis without

time limitation or, in the case of employments subject to a time

limitation, for such limited period as may be applicable. No further

certification shall be necessary for the payment of compensation to any

such person so long as his status remains unchanged and during the

stated limited period, if any, of his employment. The civil service

department, however, may at any time examine the payroll of such

department, agency or authority for any pay period, and shall examine

such a payroll at least once each year to determine that all persons

employed in such department, agency or authority are employed in

accordance with law and rules.

(c) Notwithstanding the provisions of this subdivision or of any rules

adopted hereunder, the civil service department or a municipal

commission may, at any time, require any such agency, authority or civil

division under its jurisdiction to submit payrolls or accounts for

certification in accordance with the provisions of subdivision one of

this section.

3. Certifications for certain positions in state service.

Notwithstanding the provisions of this section, the civil service

department, in any certificate issued pursuant to this section with

respect to the employment of a person in a position classified pursuant

to article eight of this chapter, shall not be required or deemed to

attest that the salary or rate of compensation indicated for such person

is that to which he is eligible or entitled pursuant to law. When an

extended certification has been made with respect to the employment of a

person in such a position, a new certification shall not be required

solely because of a change in the salary or rate of compensation of such

person.

4. Waiver of certification requirement for certain special or

emergency employments. The president of the state civil service

commission may except from the application of this section persons

employed by a state agency or public authority for a period not

exceeding ten days to render special or emergency service not

customarily performed by the regular employees of such agency or public

authority.

5. Limitation upon the certification of payrolls. Solely for the

purposes of this section and in the absence of fraud, an employee having

completed the applicable probationary period and holding a position in

the classified service of a civil service division by appointment or

promotion for at least three years shall be presumed to have been duly

appointed or promoted. After such time, neither the state civil service

commission nor a municipal commission shall withhold certification of

such employee on a payroll or voucher by reason of a violation of this

chapter or rules made pursuant thereto. The provisions of this

subdivision shall not apply in cities with a population of one million

or more.

Misdemeanor to pay salary or compensation for which

certification has been refused. Any officer who shall wilfully pay or

authorize the payment of salary or compensation to any person in the

classified service with knowledge that the state civil service

department or appropriate municipal civil service commission has refused

to certify the payroll, estimate or account of such person, or after due

notice from such department or commission that such person has been

appointed, employed, transferred, assigned to perform duties or

reinstated in violation of any of the provisions of this chapter or the

rules established thereunder, shall be guilty of a misdemeanor.

Court proceedings. 1. Action to restrain illegal payment of

salary or compensation. Any taxpayer as defined in subdivision two

hereof shall have the right to bring an action in the supreme court to

declare illegal or restrain payment of salary or compensation to any

person appointed to or holding any office, place or employment in

violation of any of the constitutions or provisions of this chapter, and

such right shall not be limited or denied by reason of the fact that

said office, place or employment shall have been classified as, or

determined to be, not subject to competitive examination; provided,

however, that any judgment or injunction granted or made in any such

action shall be prospective only, and shall not affect payments already

made or due to such persons by the proper disbursing officers in

accordance with the civil service rules in force at the time of such

payments.

2. Action to recover sums illegally paid from appointing and fiscal

officers. Any sums paid contrary to the provisions of section one

hundred of this chapter may be recovered from any officer or officers by

whom the person or persons receiving the same were appointed in

violation of the provisions of law and of the rules made in pursuance of

law, or any officer signing or countersigning or authorizing the signing

or countersigning of any warrant for the payment of the same, and from

the sureties on the official bond of such officer or officers in an

action in the supreme court maintained by a citizen resident of the

state, who is assessed for and is liable to pay, or within one year

before the commencement of the action has paid a tax therein, or by the

state civil service commission or the municipal civil service commission

having jurisdiction. It shall be the duty of the attorney general or of

the appropriate law officer of the civil division wherein such sums were

illegally paid, to prosecute such action upon the request of the state

civil service commission or department or the municipal civil service

commission having jurisdiction as the case may be. All moneys recovered

in any such action shall, when collected, be paid into the treasury of

the state or the civil division, as the case may be, except that if such

action is maintained by a taxpayer, he shall be entitled to receive for

his own use the taxable costs of such action.

3. Action to enjoin violation of the civil service law. The state

civil service commission or the municipal civil service commission

having jurisdiction, as the case may be, may maintain an action in the

supreme court to enjoin any violation of the civil service law or the

rules established thereunder, and for such incidental relief as may be

necessary. It shall be the duty of the attorney general, or of the

appropriate law officer of the civil division wherein such violation

occurs, as the case may be, to commence and maintain such action upon

the request of the state civil service commission or the municipal civil

service commission having jurisdiction, as the case may be.

Subversive activities; disqualification. 1. Ineligibility of

persons advocating overthrow of government by force or unlawful means.

No person shall be appointed to any office or position in the service of

the state or of any civil division thereof, nor shall any person

employed in any such office or position be continued in such employment,

nor shall any person be employed in the public service as

superintendent, principal or teacher in a public school or academy or in

a state college or any other state educational institution who:

(a) by word of mouth or writing wilfully and deliberately advocates,

advises or teaches the doctrine that the government of the United States

or of any state or of any political subdivision thereof should be

overthrown or overturned by force, violence or any unlawful means; or

(b) prints, publishes, edits, issues or sells, any book, paper,

document or written or printed matter in any form, containing or

advocating, advising or teaching the doctrine that the government of the

United States or of any state or of any political subdivision thereof

should be overthrown by force, violence or any unlawful means, and who

advocates, advises, teaches, or embraces the duty, necessity or

propriety of adopting the doctrine contained therein; or

(c) organizes or helps to organize or becomes a member of any society

or group of persons which teaches or advocates that the government of

the United States or of any state or of any political subdivision

thereof shall be overthrown by force or violence, or by any unlawful

means.

For the purposes of this section, membership in the communist party of

the United States of America or the communist party of the state of New

York shall constitute prima facie evidence of disqualification for

appointment to or retention in any office or position in the service of

the state or of any city or civil division thereof.

2. A person dismissed or declared ineligible pursuant to this section

may within four months of such dismissal or declaration of ineligibility

be entitled to petition for an order to show cause signed by a justice

of the supreme court, why a hearing on such charges should not be had.

Until the final judgment on said hearing is entered, the order to show

cause shall stay the effect of any order of dismissal or ineligibility

based on the provisions of this section; provided, however, that during

such stay a person so dismissed shall be suspended without pay, and if

the final determination shall be in his favor he shall be restored to

his position with pay for the period of such suspension less the amount

of compensation which he may have earned in any other employment or

occupation and any unemployment insurance benefits he may have received

during such period. The hearing shall consist of the taking of testimony

in open court with opportunity for cross examination. The burden of

sustaining the validity of the order of dismissal or ineligibility by a

fair preponderance of the credible evidence shall be upon the person

making such dismissal or order of ineligibility.

3. Removal for treasonable or seditious acts or utterances. A person

in the civil service of the state or of any civil division thereof shall

be removable therefrom for the utterance of any treasonable or seditious

word or words or the doing of any treasonable or seditious act or acts

while holding such position. For the purpose of this subdivision, a

treasonable word or act shall mean "treason", as defined in the penal

law; a seditious word or act shall mean "criminal anarchy" as defined in

the penal law.

Misdemeanor to obstruct civil service rights; false

representation; impersonation. Any commissioner, or examiner, or any

other person who shall wilfully, alone or in cooperation with other

persons, defeat, deceive or obstruct any person in respect of his or her

right of examination, registration, certification, appointment,

promotion or reinstatement, pursuant to the provisions of this chapter

or the rules or regulations established thereunder or who shall wilfully

and falsely mark, grade, estimate or report upon the examination or

proper standing of any person examined, registered or certified pursuant

to the provisions of this chapter, or aid in so doing, or who shall

wilfully make any false representations concerning the same, or

concerning the person examined, or who shall wilfully furnish to any

person any special or secret information for the purpose of either

improving or injuring the prospects or chances of any person so

examined, registered or certified, or to be examined, registered or

certified, or who shall impersonate any other person, or permit or aid

in any manner any other person to impersonate him, in connection with

any registration or application or request to be registered, shall for

each offense be deemed guilty of a misdemeanor.

Prohibition against certain political activities; improper

influence. 1. Recommendations based on political affiliations. No

recommendation or question under the authority of this chapter shall

relate to the political opinions or affiliations of any person whatever;

and no appointment or selection to or removal from an office or

employment within the scope of this chapter or the rules established

thereunder, shall be in any manner affected or influenced by such

opinions or affiliations. No person in the civil service of the state or

of any civil division thereof is for that reason under any obligation to

contribute to any political fund or to render any political service, and

no person shall be removed or otherwise prejudiced for refusing so to

do. No person in the said civil service shall discharge or promote or

reduce, or in any manner change the official rank or compensation of any

other person in said service, or promise or threaten so to do, for

giving or withholding or neglecting to make any contribution of money or

service or any other valuable thing for any political purpose. No person

in said service shall use his official authority or influences to coerce

the political action of any person or body or to interfere with any

election.

2. Inquiry concerning political affiliations. No person shall directly

or indirectly ask, indicate or transmit orally or in writing the

political affiliations of any employee in the civil service of the state

or of any civil division thereof or of any person dependent upon or

related to such an employee, as a test of fitness for holding office. A

violation of this subdivision shall be deemed a misdemeanor and

conviction thereof shall subject the person convicted to a fine of not

less than one hundred dollars nor more than five hundred dollars or to

imprisonment for not less than thirty days nor more than six months, or

to both such fine and imprisonment. Nothing herein contained shall be

construed to prevent or prohibit inquiry concerning the activities,

affiliation or membership of any applicant or employee in any group or

organization which advocates that the government of the United States or

of any state or of any political subdivision thereof should be

overturned by force, violence or any unlawful means.

3. Political assessments. No officer or employee of the state or any

civil division thereof shall, directly or indirectly, use his authority

or official influence to compel or induce any other officer or employee

of the state or any civil division thereof, to pay or promise to pay any

political assessment, subscription or contribution. Every officer or

employee who may have charge or control in any building, office or room

occupied for any governmental purpose is hereby authorized to prohibit

the entry of any person, and he shall not knowingly permit any person to

enter the same for the purpose of making, collecting, receiving or

giving notice therein, of any political assessment, subscription or

contribution; and no person shall enter or remain in any such office,

building or room, or send or direct any letter or other writing thereto,

for the purpose of giving notice of, demanding or collecting a political

assessment; nor shall any person therein give notice of, demand, collect

or receive any such assessment, subscription or contribution. No person

shall prepare or take any part in preparing any political assessment,

subscription or contribution with the intent that the same shall be sent

or presented to or collected of any officer or employee subject to the

provisions of this chapter, and no person shall knowingly send or

present any political assessment, subscription or contribution to or

request its payment of any said officer or employee. Any person

violating any provision of this subdivision shall be guilty of a

misdemeanor.

4. Prohibition against promise of influence. Any person, who while

holding any public office, or in nomination for, or while seeking a

nomination or appointment for any public office, shall corruptly use or

promise to use, whether directly or indirectly, any official authority

or influence, whether then possessed or merely anticipated, in the way

of conferring upon any person, or in order to secure or aid any person

in securing any office or public employment, or any nomination,

confirmation, promotion or increase of salary, upon the consideration

that the vote or political influence or action of the last-named person,

or any other, shall be given or used in behalf of any candidate, officer

or party, or upon any other corrupt condition or consideration, shall be

deemed guilty of bribery or an attempt at bribery. Any public officer,

or any person having or claiming to have any authority or influence for

or affecting the nomination, public employment, confirmation, promotion,

removal, or increase or decrease of salary of any public officer, who

shall corruptly use, or promise, or threaten to use any such authority

or influence, directly or indirectly in order to coerce or persuade the

vote or political action of any citizen or the removal, discharge or

promotion of any officer or public employee, or upon any other corrupt

consideration, shall also be guilty of bribery or of an attempt at

bribery. Every person found guilty of such bribery, or an attempt to

commit the same, as aforesaid, shall, upon conviction thereof, be liable

to be punished by a fine of not less than one hundred dollars nor more

than three thousand dollars, or to imprisonment for not less than ten

days nor more than two years, or to both such fine and imprisonment in

the discretion of the court.

5. Violation of this section. Complaints alleging a violation of this

section by a statewide elected official or a state officer or employee,

as defined in section seventy-three of the public officers law, may be

directed to the commission on public integrity.

Policy of the state. 1. In order to attract unusual merit and

ability to the service of the state of New York and all its political

subdivisions, to stimulate higher efficiency among the personnel, to

provide skilled leadership in administrative departments, to reward

merit and to insure to the people and the taxpayers of the state of New

York the highest return in services for the necessary costs of

government, it is hereby declared to be the policy of the state and all

its political subdivisions thereof, consistent with the federal Equal

Pay Act of 1963 (29 U.S.C. § 206), the federal Civil Rights Act (42

U.S.C. § 2000e-2), article fifteen of the executive law, and section

forty-c of the civil rights law, to ensure a fair, non-biased

compensation structure for all employees in which status within one or

more protected class or classes is not considered in determining the

proper compensation for a title or in determining the pay for any

individual or group of employees, to ensure that no employee with status

within one or more protected class or classes shall be paid a wage at a

rate less than the rate at which an employee without status within the

same protected class or classes in the same establishment is paid for

similar work or substantially similar work and to provide regular

increases in pay in proper proportion to increase of ability, increase

of output and increase of quality of work demonstrated in service.

2. For the purpose of this section:

(a) the term "protected class" includes age, race, creed, color,

national origin, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic characteristics,

familial status, marital status, or domestic violence victim status, and

any employee protected from discrimination pursuant to paragraphs a, b,

and c of subdivision one of section two hundred ninety-six of the

executive law, and any intern protected from discrimination pursuant to

section two hundred ninety-six-c of the executive law.

(b) the term "compensation" shall include but not be limited to: all

earnings of an employee for labor or services rendered, regardless of

whether the amount of earnings is paid on an annual salary, hourly,

biweekly or per diem basis; reimbursement for expenses; health, welfare

and retirement benefits; and vacation pay, sick pay, separation or

holiday pay, or any other form of remuneration.

(c) employees shall be deemed to work in the same establishment if the

employees work for the same employer at workplaces located in the same

geographical region, no larger than a county, taking into account

population distribution, economic activity, and/or the presence of

municipalities.

3. (a) It shall not be a violation of this section for an employer to

pay different compensation to employees, where such payments are made

pursuant to:

(1) a bona fide seniority or merit system;

(2) a bona fide system that measures earnings by quantity or quality

of production;

(3) a bona fide system based on geographic differentials;

(4) any other bona fide factor other than status within one or more

protected class or classes, such as education, training, or experience.

Such factor: (A) shall not be based upon or derived from a differential

in compensation based on status within one or more protected class or

classes; and (B) shall be job-related with respect to the position in

question and shall be consistent with business necessity. Such exception

under this paragraph shall not apply when the employee demonstrates (i)

that an employer uses a particular employment practice that causes a

disparate impact on the basis of status within one or more protected

class or classes, (ii) that an alternative employment practice exists

that would serve the same purpose and not produce such differential, and

(iii) that the employer has refused to adopt such alternative practice;

or

(5) a collective bargaining agreement.

(b) For the purpose of paragraph (a) of this subdivision, "business

necessity" shall be defined as a factor that bears a manifest

relationship to the employment in question.

(c) Nothing set forth in this section shall be construed to impede,

infringe or diminish the rights and benefits which accrue to employees

through collective bargaining agreements, or otherwise diminish the

integrity of the existing collective bargaining relationship.

Classification defined. The terms "classification",

"reclassification", "classify", and "reclassify" where used in this

article refer to position classification as defined in section two of

this chapter, unless otherwise expressly stated or unless the context

requires a different meaning.

Classification and compensation division. There shall be a

classification and compensation division in the department of civil

service. The head of such division shall be a director who shall be in

the competitive class of the classified civil service. The director and

employees of such division shall be appointed by the president of the

civil service commission.

Powers and duties of the director of classification and

compensation. 1. General powers and duties. (a) The director of the

classification and compensation division shall be charged generally with

the duty and shall have the power

(1) to classify and reclassify all positions in the classified civil

service of the state;

(2) to allocate and reallocate to an appropriate salary grade

specified in section one hundred thirty of this article all positions in

the competitive and non-competitive classes of the classified civil

service of the state, except temporary, part-time or seasonal positions,

and positions the salaries of which are otherwise specifically set forth

in a statute.

(b) The director may allocate and reallocate to an appropriate salary

grade specified in section one hundred thirty of this article,

part-time, temporary and seasonal positions and positions in the labor

class.

(c) The principle of fair and equal pay for similar work or

substantially similar work, when viewed as a composite of skill, effort,

and responsibility, and performed under similar working conditions, and

without discrimination based on status within a protected class, shall

be followed in the classification and reclassification and the

allocation and reallocation of positions pursuant to this article and

all positions having the same title shall be allocated to the same

salary grade. For the purposes of this section, the term "protected

class" includes age, race, creed, color, national origin, sexual

orientation, gender identity or expression, military status, sex,

disability, predisposing genetic characteristics, familial status,

marital status, or domestic violence victim status, and any employee

protected from discrimination pursuant to paragraphs (a), (b) and (c) of

subdivision one of section two hundred ninety-six of the executive law,

and any intern protected from discrimination pursuant to section two

hundred ninety-six-c of the executive law.

2. Specific powers and duties. In addition to those elsewhere

prescribed, the director shall have the following powers and duties:

(a) To ascertain and record the duties and responsibilities of all

positions in the classified civil service of the state, establish

adequate specifications showing the qualifications for and the nature

and extent and scope of the duties and responsibilities of such

positions, and assign uniform titles to positions that are so

substantially similar in the essential character and scope of their

duties and responsibilities and in the qualification requirements

thereof that the same descriptive title may be used to designate them;

that the same qualifications for appointment thereto may be reasonably

required; that the same tests of fitness may be established, and that

the same rate of compensation may be reasonably applied.

(b) To investigate all matters affecting the classification and

compensation of positions, to hear and determine all complaints and

grievances with respect to the classification and compensation of

positions, and from time to time review the duties, responsibilities,

qualification requirements and compensation of positions and to make

such revisions in the classification or compensation of positions as

changes in the state service may require.

(c) To ensure that no employee with status within one or more

protected class or classes shall be paid a wage at a rate less than the

rate at which an employee without status within the same protected class

or classes in the same title and same establishment is paid for similar

work or substantially similar work. For the purposes of this paragraph,

employees shall be deemed to work in the same establishment if the

employees work for the same employer at workplaces located in the same

geographical region, no larger than a county, taking into account

population distribution, economic activity, and/or the presence of

municipalities.

3. Departmental cooperation. The director, and the state civil service

commission may request from any state department or agency such

assistance as either may require, and each such department or agency

shall make available, upon such request, any of its personnel and

facilities.

Applications and appeals. 1. Applications to director. Any

employee occupying a position, the title or salary grade of which is

subject to the jurisdiction of the director of the classification and

compensation division, and any appointing officer, with respect to any

such position or positions in his department or agency, may apply to the

director, on a form prescribed and furnished by him, for a review and

change of the classification or allocation of such positions. Such

employee or appointing officer or their representatives shall be

afforded a reasonable opportunity to present facts in support of or in

relation to such application at a time and in such manner as may be

specified by the director. The director shall examine and review any

such application and may make such changes in classification or

allocation as may be just and equitable. The director shall have the

power to designate an officer or employee of the division to conduct a

hearing with relation to any application for such reclassification or

reallocation and to report to the director thereon.

2. Appeals to the state civil service commission. Any employee or

appointing officer aggrieved by a determination of the director may

appeal from such determination to the state civil service commission.

Such appeal must be made within sixty days after receipt of written

notice of such determination. Such employee or appointing officer or

their representatives shall be afforded an opportunity to present facts

and arguments in support of or in relation to such appeal at a time and

place and in such manner as may be prescribed by the commission. The

commission shall examine and review such appeal and make such changes in

classification or allocation as may be just and equitable.

Determinations of the commission shall be transmitted to the director of

the budget, the director of the classification and compensation

division, and the employees and department heads affected thereby.

3. Reporting on appeals. In addition to the requirements of

subdivision two of this section, the commission shall, on or before

January thirty-first of each year, submit a report to the governor and

the legislature which shall include, but not be limited to, information

detailing the total number of appeals received from determinations made

based upon written and oral examinations, performance tests and ratings

of training and experience, during the preceding twelve months, and

shall report the final disposition or dispositions of each appeal.

General provisions relating to classification and

allocation. 1. Effective date of classification and allocation. Any

classification or reclassification of a position and any allocation or

reallocation of a position to a salary grade made by the director of the

classification and compensation division or the state civil service

commission pursuant to the provisions of this article shall become

effective on the first day of the fiscal year following approval by the

director of the budget and the appropriation of funds therefor, except

that the director of the budget may, in his discretion, authorize an

effective date prior to the first day of the ensuing fiscal year.

2. Salary rights and limitations. (a) Notwithstanding the provisions

of paragraph (b) of this subdivision, the annual salary of any position,

compensable on an annual basis, which is classified or reclassified, or

which is allocated or reallocated to a salary grade pursuant to the

provisions of this article shall not be reduced for the then incumbent

by reason of any provision of this article.

(b) When a position is allocated pursuant to the provisions of this

chapter to a salary grade in section one hundred thirty of this chapter,

the incumbent thereof, whether employed on a permanent or temporary

basis, shall be paid in accordance with the provisions of title B of

this article.

(c) No employee whose salary would be increased by such

classification, reclassification, allocation or reallocation shall have

any claim against the state for the difference, if any, between his

former salary and that which he should receive as a result of such

classification, reclassification, allocation or reallocation for the

period prior to the date such change in title or salary grade becomes

effective.

3. Status of employees. No employee whose position is reclassified

shall be promoted, demoted, transferred, suspended or reinstated except

in accordance with the provisions of this chapter.

4. Limitations of use of preferred list. A preferred list established

pursuant to section eighty-one of this chapter shall have no priority

with reference to a new position created by the reclassification of an

existing position pursuant to this article whenever the use of a

preferred list for filling such new position would result in the

suspension of an employee pursuant to the provisions of section eighty

of this chapter.

5. Career ladders. The director of the classification and compensation

division may, in order to implement a plan for the progressive

advancement of employees in an occupational group, based on their

acquiring, as prescribed by such director, of either training or

experience or both, reclassify the positions of the incumbents who meet

the prescribed qualifications to titles allocated to higher salary

grades. The advancement of an incumbent pursuant to this subdivision is

not, and is not to be deemed, a reallocation.

Eligibility of incumbents of positions not heretofore

classified. A position to which the provisions of this article are

hereafter extended shall be classified under an appropriate title. For

the purpose of continuing the essential activities of the state without

interruption, and notwithstanding any inconsistent provisions of this

chapter, the president of the state civil service commission is

empowered, without requiring an examination, to approve the continued

employment of the permanent incumbent of such position under its

classified title upon the certification of the director of the

classification and compensation division that such incumbent has been

satisfactorily performing the duties of such position for a period of at

least one year immediately prior to such extension. After such

classification becomes effective, such incumbent shall be entitled to

the same salary, status, rights, privileges and benefits as if he had

been originally appointed under this chapter to the position designated

by the classified title. No such incumbent, by reason of any change in

title, shall be deprived of any rights he might previously have acquired

under this chapter for appointment, transfer, reinstatement or

promotion.

Prohibition against transfer of employees to competitive

class. Nothing in title A of this article shall be construed to effect a

transfer to the competitive class of the civil service of any employee

not heretofore included in such service.

Salary grades; minimum and maximum salaries. 1. a. Effective on

the dates indicated, salary grades for positions in the competitive,

non-competitive and labor classes of the classified service of the state

of New York in the collective negotiating units designated as the

administrative services unit, the institutional services unit, the

operational services unit and the division of military and naval affairs

unit established pursuant to article fourteen of this chapter shall be

as follows:

(1) Effective March twenty-sixth, two thousand twenty-six for officers

and employees on the administrative payroll and effective April second,

two thousand twenty-six for officers and employees on the institutional

payroll:

SG HR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 JR INCR

1 30079 31093 32107 33121 34135 35149 36163 37177 1014

2 31227 32293 33359 34425 35491 36557 37623 38689 1066

3 32787 33899 35011 36123 37235 38347 39459 40571 1112

4 34220 35398 36576 37754 38932 40110 41288 42466 1178

5 35856 37088 38320 39552 40784 42016 43248 44480 1232

6 37862 39145 40428 41711 42994 44277 45560 46843 1283

7 39956 41300 42644 43988 45332 46676 48020 49364 1344

8 42209 43605 45001 46397 47793 49189 50585 51981 1396

9 44560 46019 47478 48937 50396 51855 53314 54773 1459

10 47110 48639 50168 51697 53226 54755 56284 57813 1529

11 49841 51446 53051 54656 56261 57866 59471 61076 1605

12 52694 54355 56016 57677 59338 60999 62660 64321 1661

13 55817 57556 59295 61034 62773 64512 66251 67990 1739

14 59049 60859 62669 64479 66289 68099 69909 71719 1810

15 62477 64364 66251 68138 70025 71912 73799 75686 1887

16 65977 67951 69925 71899 73873 75847 77821 79795 1974

17 69691 71776 73861 75946 78031 80116 82201 84286 2085

18 73717 75896 78075 80254 82433 84612 86791 88970 2179

19 77666 79954 82242 84530 86818 89106 91394 93682 2288

20 81729 84104 86479 88854 91229 93604 95979 98354 2375

21 86111 88597 91083 93569 96055 98541 101027 103513 2486

22 90728 93327 95926 98525 101124 103723 106322 108921 2599

23 95580 98295 101010 103725 106440 109155 111870 114585 2715

24 100783 103591 106399 109207 112015 114823 117631 120439 2808

25 106351 109283 112215 115147 118079 121011 123943 126875 2932

(2) Effective March twenty-fifth, two thousand twenty-seven for

officers and employees on the administrative payroll and effective April

first, two thousand twenty-seven for officers and employees on the

institutional payroll:

SG HR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 JR INCR

1 31282 32337 33392 34447 35502 36557 37612 38667 1055

2 32476 33585 34694 35803 36912 38021 39130 40239 1109

3 34098 35255 36412 37569 38726 39883 41040 42197 1157

4 35589 36814 38039 39264 40489 41714 42939 44164 1225

5 37290 38571 39852 41133 42414 43695 44976 46257 1281

6 39376 40710 42044 43378 44712 46046 47380 48714 1334

7 41554 42952 44350 45748 47146 48544 49942 51340 1398

8 43897 45349 46801 48253 49705 51157 52609 54061 1452

9 46342 47859 49376 50893 52410 53927 55444 56961 1517

10 48994 50584 52174 53764 55354 56944 58534 60124 1590

11 51835 53504 55173 56842 58511 60180 61849 63518 1669

12 54802 56529 58256 59983 61710 63437 65164 66891 1727

13 58050 59859 61668 63477 65286 67095 68904 70713 1809

14 61411 63293 65175 67057 68939 70821 72703 74585 1882

15 64976 66938 68900 70862 72824 74786 76748 78710 1962

16 68616 70669 72722 74775 76828 78881 80934 82987 2053

17 72479 74647 76815 78983 81151 83319 85487 87655 2168

18 76666 78932 81198 83464 85730 87996 90262 92528 2266

19 80773 83152 85531 87910 90289 92668 95047 97426 2379

20 84998 87468 89938 92408 94878 97348 99818 102288 2470

21 89555 92141 94727 97313 99899 102485 105071 107657 2586

22 94357 97060 99763 102466 105169 107872 110575 113278 2703

23 99403 102227 105051 107875 110699 113523 116347 119171 2824

24 104814 107734 110654 113574 116494 119414 122334 125254 2920

25 110605 113654 116703 119752 122801 125850 128899 131948 3049

(3) Effective April sixth, two thousand twenty-eight for officers and

employees on the administrative payroll and effective March thirtieth,

two thousand twenty-eight for officers and employees on the

institutional payroll:

SG HR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 JR INCR

1 32377 33469 34561 35653 36745 37837 38929 40021 1092

2 33613 34761 35909 37057 38205 39353 40501 41649 1148

3 35291 36489 37687 38885 40083 41281 42479 43677 1198

4 36835 38103 39371 40639 41907 43175 44443 45711 1268

5 38595 39921 41247 42573 43899 45225 46551 47877 1326

6 40754 42135 43516 44897 46278 47659 49040 50421 1381

7 43008 44455 45902 47349 48796 50243 51690 53137 1447

8 45433 46936 48439 49942 51445 52948 54451 55954 1503

9 47964 49534 51104 52674 54244 55814 57384 58954 1570

10 50709 52355 54001 55647 57293 58939 60585 62231 1646

11 53649 55376 57103 58830 60557 62284 64011 65738 1727

12 56720 58507 60294 62081 63868 65655 67442 69229 1787

13 60082 61954 63826 65698 67570 69442 71314 73186 1872

14 63560 65508 67456 69404 71352 73300 75248 77196 1948

15 67250 69281 71312 73343 75374 77405 79436 81467 2031

16 71018 73143 75268 77393 79518 81643 83768 85893 2125

17 75016 77260 79504 81748 83992 86236 88480 90724 2244

18 79349 81694 84039 86384 88729 91074 93419 95764 2345

19 83600 86062 88524 90986 93448 95910 98372 100834 2462

20 87973 90529 93085 95641 98197 100753 103309 105865 2556

21 92689 95366 98043 100720 103397 106074 108751 111428 2677

22 97659 100457 103255 106053 108851 111649 114447 117245 2798

23 102882 105805 108728 111651 114574 117497 120420 123343 2923

24 108482 111504 114526 117548 120570 123592 126614 129636 3022

25 114476 117632 120788 123944 127100 130256 133412 136568 3156

(4) Effective April fifth, two thousand twenty-nine for officers and

employees on the administrative payroll and effective March

twenty-ninth, two thousand twenty-nine for officers and employees on the

institutional payroll:

SG HR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 JR INCR

1 33348 34473 35598 36723 37848 38973 40098 41223 1125

2 34621 35803 36985 38167 39349 40531 41713 42895 1182

3 36350 37584 38818 40052 41286 42520 43754 44988 1234

4 37940 39246 40552 41858 43164 44470 45776 47082 1306

5 39753 41119 42485 43851 45217 46583 47949 49315 1366

6 41977 43399 44821 46243 47665 49087 50509 51931 1422

7 44298 45788 47278 48768 50258 51748 53238 54728 1490

8 46796 48344 49892 51440 52988 54536 56084 57632 1548

9 49403 51020 52637 54254 55871 57488 59105 60722 1617

10 52230 53925 55620 57315 59010 60705 62400 64095 1695

11 55258 57037 58816 60595 62374 64153 65932 67711 1779

12 58422 60263 62104 63945 65786 67627 69468 71309 1841

13 61884 63812 65740 67668 69596 71524 73452 75380 1928

14 65467 67473 69479 71485 73491 75497 77503 79509 2006

15 69268 71360 73452 75544 77636 79728 81820 83912 2092

16 73149 75338 77527 79716 81905 84094 86283 88472 2189

17 77266 79577 81888 84199 86510 88821 91132 93443 2311

18 81729 84144 86559 88974 91389 93804 96219 98634 2415

19 86108 88644 91180 93716 96252 98788 101324 103860 2536

20 90612 93245 95878 98511 101144 103777 106410 109043 2633

21 95470 98227 100984 103741 106498 109255 112012 114769 2757

22 100589 103471 106353 109235 112117 114999 117881 120763 2882

23 105968 108979 111990 115001 118012 121023 124034 127045 3011

24 111736 114849 117962 121075 124188 127301 130414 133527 3113

25 117910 121161 124412 127663 130914 134165 137416 140667 3251

(5) Effective April fourth, two thousand thirty for officers and

employees on the administrative payroll and effective March

twenty-eighth, two thousand thirty for officers and employees on the

institutional payroll:

SG HR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 JR INCR

1 34348 35507 36666 37825 38984 40143 41302 42461 1159

2 35660 36877 38094 39311 40528 41745 42962 44179 1217

3 37441 38712 39983 41254 42525 43796 45067 46338 1271

4 39078 40423 41768 43113 44458 45803 47148 48493 1345

5 40946 42353 43760 45167 46574 47981 49388 50795 1407

6 43236 44701 46166 47631 49096 50561 52026 53491 1465

7 45627 47162 48697 50232 51767 53302 54837 56372 1535

8 48200 49794 51388 52982 54576 56170 57764 59358 1594

9 50885 52551 54217 55883 57549 59215 60881 62547 1666

10 53797 55543 57289 59035 60781 62527 64273 66019 1746

11 56916 58748 60580 62412 64244 66076 67908 69740 1832

12 60175 62071 63967 65863 67759 69655 71551 73447 1896

13 63741 65727 67713 69699 71685 73671 75657 77643 1986

14 67431 69497 71563 73629 75695 77761 79827 81893 2066

15 71346 73501 75656 77811 79966 82121 84276 86431 2155

16 75343 77598 79853 82108 84363 86618 88873 91128 2255

17 79584 81964 84344 86724 89104 91484 93864 96244 2380

18 84181 86668 89155 91642 94129 96616 99103 101590 2487

19 88691 91303 93915 96527 99139 101751 104363 106975 2612

20 93330 96042 98754 101466 104178 106890 109602 112314 2712

21 98334 101174 104014 106854 109694 112534 115374 118214 2840

22 103607 106575 109543 112511 115479 118447 121415 124383 2968

23 109147 112248 115349 118450 121551 124652 127753 130854 3101

24 115088 118294 121500 124706 127912 131118 134324 137530 3206

25 121447 124796 128145 131494 134843 138192 141541 144890 3349

b. Pursuant to the terms of an agreement between the state and an

employee organization entered into pursuant to article fourteen of this

chapter covering members of the collective negotiating unit designated

as security supervisors, effective on the dates indicated, salary grades

for positions in the competitive, non-competitive and labor classes

shall be as follows:

(1) Effective March thirtieth, two thousand twenty-three for officers

and employees on the administrative payroll and effective April sixth,

two thousand twenty-three for officers and employees on the

institutional payroll:

Hir-

ing Step Step Step Step Step Job Incr

SG Rate 1 2 3 4 5 Rate

1 31273 32466 33659 34852 36045 37238 38431 1193

2 32310 33569 34828 36087 37346 38605 39864 1259

3 33762 35074 36386 37698 39010 40322 41634 1312

4 35152 36533 37914 39295 40676 42057 43438 1381

5 36683 38139 39595 41051 42507 43963 45419 1456

6 38459 39988 41517 43046 44575 46104 47633 1529

7 40478 42071 43664 45257 46850 48443 50036 1593

8 42600 44254 45908 47562 49216 50870 52524 1654

9 44824 46548 48272 49996 51720 53444 55168 1724

10 47208 49023 50838 52653 54468 56283 58098 1815

11 49834 51721 53608 55495 57382 59269 61156 1887

12 52450 54419 56388 58357 60326 62295 64264 1969

13 55413 57472 59531 61590 63649 65708 67767 2059

14 58436 60592 62748 64904 67060 69216 71372 2156

15 61638 63883 66128 68373 70618 72863 75108 2245

16 64958 67301 69644 71987 74330 76673 79016 2343

17 68448 70916 73384 75852 78320 80788 83256 2468

18 72179 74771 77363 79955 82547 85139 87731 2592

19 75963 78673 81383 84093 86803 89513 92223 2710

20 79719 82548 85377 88206 91035 93864 96693 2829

21 83850 86799 89748 92697 95646 98595 101544 2949

22 88180 91305 94430 97555 100680 103805 106930 3125

23 92797 96011 99225 102439 105653 108867 112081 3214

24 97663 100997 104331 107665 110999 114333 117667 3334

25 102951 106428 109905 113382 116859 120336 123813 3477

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 40210 41993 45448 47755

2 41744 43629 47185 49600

3 43596 45561 49200 51694

4 45513 47582 51324 53916

5 47585 49761 53610 56312

6 49925 52215 56184 59001

7 52417 54799 58855 61766

8 54994 57475 61618 64623

9 57758 60345 64607 67721

10 60805 63515 67899 71140

11 63975 66802 71298 74648

12 67219 70178 74803 78283

13 70835 73913 78666 82270

14 74594 77824 82718 86472

15 78458 81821 86848 90733

16 82526 86039 91219 95253

17 86952 90645 96012 100232

18 91609 95499 101052 105465

19 96260 100315 106041 110621

20 100929 105172 111087 115856

21 105966 110386 116482 121431

22 111607 116285 122632 127835

23 116897 121718 128206 133551

24 122653 127650 134320 139839

25 129025 134229 141113 146846

(2) Effective March twenty-eighth, two thousand twenty-four for

officers and employees on the administrative payroll and effective April

fourth, two thousand twenty-four for officers and employees on the

institutional payroll:

Hir-

ing Step Step Step Step Step Job

SG Rate 1 2 3 4 5 Rate Incr

1 32211 33440 34669 35898 37127 38356 39585 1229

2 33279 34576 35873 37170 38467 39764 41061 1297

3 34775 36126 37477 38828 40179 41530 42881 1351

4 36207 37629 39051 40473 41895 43317 44739 1422

5 37783 39283 40783 42283 43783 45283 46783 1500

6 39613 41188 42763 44338 45913 47488 49063 1575

7 41692 43333 44974 46615 48256 49897 51538 1641

8 43878 45582 47286 48990 50694 52398 54102 1704

9 46169 47945 49721 51497 53273 55049 56825 1776

10 48624 50494 52364 54234 56104 57974 59844 1870

11 51329 53273 55217 57161 59105 61049 62993 1944

12 54024 56052 58080 60108 62136 64164 66192 2028

13 57075 59196 61317 63438 65559 67680 69801 2121

14 60189 62410 64631 66852 69073 71294 73515 2221

15 63487 65799 68111 70423 72735 75047 77359 2312

16 66907 69320 71733 74146 76559 78972 81385 2413

17 70501 73043 75585 78127 80669 83211 85753 2542

18 74344 77014 79684 82354 85024 87694 90364 2670

19 78242 81033 83824 86615 89406 92197 94988 2791

20 82111 85025 87939 90853 93767 96681 99595 2914

21 86366 89403 92440 95477 98514 101551 104588 3037

22 90825 94044 97263 100482 103701 106920 110139 3219

23 95581 98891 102201 105511 108821 112131 115441 3310

24 100593 104027 107461 110895 114329 117763 121197 3434

25 106040 109621 113202 116783 120364 123945 127526 3581

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 41416 43253 46811 49188

2 42996 44938 48601 51088

3 44904 46928 50676 53245

4 46878 49009 52864 55533

5 49013 51254 55218 58001

6 51423 53781 57870 60771

7 53990 56443 60621 63619

8 56644 59199 63467 66562

9 59491 62155 66545 69753

10 62629 65420 69936 73274

11 65894 68806 73437 76887

12 69236 72283 77047 80631

13 72960 76130 81026 84738

14 76832 80159 85200 89066

15 80812 84276 89453 93455

16 85002 88620 93956 98111

17 89561 93364 98892 103239

18 94357 98364 104084 108629

19 99148 103324 109222 113940

20 103957 108327 114420 119332

21 109145 113698 119976 125074

22 114955 119774 126311 131670

23 120404 125370 132052 137558

24 126333 131480 138350 144034

25 132896 138256 145346 151251

(3) Effective March twenty-seventh, two thousand twenty-five for

officers and employees on the administrative payroll and effective April

third, two thousand twenty-five for officers and employees on the

institutional payroll:

Hiring Job

SG Rate Step 1 Step 2 Step 3 Step 4 Step 5 Rate Incr

1 33177 34443 35709 36975 38241 39507 40773 1266

2 34277 35613 36949 38285 39621 40957 42293 1336

3 35818 37210 38602 39994 41386 42778 44170 1392

4 37293 38758 40223 41688 43153 44618 46083 1465

5 38916 40461 42006 43551 45096 46641 48186 1545

6 40801 42423 44045 45667 47289 48911 50533 1622

7 42943 44633 46323 48013 49703 51393 53083 1690

8 45194 46949 48704 50459 52214 53969 55724 1755

9 47554 49383 51212 53041 54870 56699 58528 1829

10 50083 52009 53935 55861 57787 59713 61639 1926

11 52869 54871 56873 58875 60877 62879 64881 2002

12 55645 57734 59823 61912 64001 66090 68179 2089

13 58787 60972 63157 65342 67527 69712 71897 2185

14 61995 64283 66571 68859 71147 73435 75723 2288

15 65392 67773 70154 72535 74916 77297 79678 2381

16 68914 71400 73886 76372 78858 81344 83830 2486

17 72616 75234 77852 80470 83088 85706 88324 2618

18 76574 79324 82074 84824 87574 90324 93074 2750

19 80589 83464 86339 89214 92089 94964 97839 2875

20 84574 87576 90578 93580 96582 99584 102586 3002

21 88957 92085 95213 98341 101469 104597 107725 3128

22 93550 96866 100182 103498 106814 110130 113446 3316

23 98448 101857 105266 108675 112084 115493 118902 3409

24 103611 107148 110685 114222 117759 121296 124833 3537

25 109221 112910 116599 120288 123977 127666 131355 3689

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 42658 44551 48215 50664

2 44286 46286 50059 52621

3 46251 48336 52196 54842

4 48284 50479 54450 57199

5 50483 52792 56875 59741

6 52966 55394 59606 62594

7 55610 58136 62440 65528

8 58343 60975 65371 68559

9 61276 64020 68541 71846

10 64508 67383 72034 75472

11 67871 70870 75640 79194

12 71313 74451 79358 83050

13 75149 78414 83457 87280

14 79137 82564 87756 91738

15 83236 86804 92137 96259

16 87552 91279 96775 101054

17 92248 96165 101859 106336

18 97188 101315 107207 111888

19 102122 106424 112499 117358

20 107076 111577 117853 122912

21 112419 117109 123575 128826

22 118404 123367 130100 135620

23 124016 129131 136014 141685

24 130123 135424 142501 148355

25 136883 142404 149706 155789

c. Effective on the dates indicated, salary grades for positions in

the competitive, non-competitive and labor classes of the classified

service of the state of New York in the collective negotiating unit

designated as the professional, scientific and technical services unit

established pursuant to article fourteen of this chapter shall be as

follows:

(1) Effective March twenty-sixth, two thousand twenty-six for officers

and employees on the administrative payroll and effective April second,

two thousand twenty-six for officers and employees on the institutional

payroll:

PS&T SALARY SCHEDULE

EFFECTIVE March 26, 2026 (ADMIN)

EFFECTIVE April 2, 2026 (INST)

HIRING JOB ADVANCE JOB RATE

SG RATE RATE AMOUNT ADVANCE

1 $28,815 $37,177 $1,196 $1,186

2 $29,908 $38,689 $1,254 $1,257

3 $31,372 $40,571 $1,315 $1,309

4 $32,780 $42,466 $1,379 $1,412

5 $34,333 $44,480 $1,452 $1,435

6 $36,173 $46,843 $1,523 $1,532

7 $38,204 $49,364 $1,585 $1,650

8 $40,307 $51,981 $1,642 $1,822

9 $42,552 $54,773 $1,701 $2,015

10 $44,965 $57,813 $1,777 $2,186

11 $47,541 $61,076 $1,892 $2,183

12 $50,209 $64,321 $1,957 $2,370

13 $53,132 $67,990 $2,035 $2,648

14 $56,183 $71,719 $2,174 $2,492

15 $59,363 $75,686 $2,254 $2,799

16 $62,694 $79,795 $2,341 $3,055

17 $66,212 $84,286 $2,452 $3,362

18 $69,964 $88,970 $2,403 $4,588

19 $73,755 $93,682 $2,502 $4,915

20 $77,532 $98,354 $2,607 $5,180

21 $81,642 $103,513 $2,721 $5,545

22 $86,031 $108,921 $2,835 $5,880

23 $90,582 $114,585 $2,953 $6,285

24 $95,406 $120,439 $3,066 $6,637

25 $100,671 $126,875 $3,197 $7,022

26 $105,973 $130,626 $3,327 $4,691

27 $111,708 $137,590 $3,503 $4,864

28 $117,592 $144,422 $3,638 $5,002

29 $123,754 $151,566 $3,778 $5,144

30 $130,222 $159,005 $3,918 $5,275

31 $137,163 $166,974 $4,064 $5,427

32 $144,455 $175,226 $4,201 $5,565

33 $152,313 $184,049 $4,340 $5,696

34 $160,426 $193,216 $4,490 $5,850

35 $168,742 $202,545 $4,634 $5,999

36 $177,224 $212,141 $4,794 $6,153

37 $186,525 $222,485 $4,943 $6,302

38 $174,020

(2) Effective March twenty-fifth, two thousand twenty-seven for

officers and employees on the administrative payroll and effective April

first, two thousand twenty-seven for officers and employees on the

institutional payroll:

PS&T SALARY SCHEDULE

EFFECTIVE March 25, 2027 (ADMIN)

EFFECTIVE April 1, 2027 (INST)

HIRING JOB ADVANCE JOB RATE

SG RATE RATE AMOUNT ADVANCE

1 $29,968 $38,667 $1,244 $1,235

2 $31,104 $40,239 $1,304 $1,311

3 $32,627 $42,197 $1,368 $1,362

4 $34,091 $44,164 $1,434 $1,469

5 $35,706 $46,257 $1,510 $1,491

6 $37,620 $48,714 $1,584 $1,590

7 $39,732 $51,340 $1,649 $1,714

8 $41,919 $54,061 $1,707 $1,900

9 $44,254 $56,961 $1,769 $2,093

10 $46,764 $60,124 $1,848 $2,272

11 $49,443 $63,518 $1,968 $2,267

12 $52,217 $66,891 $2,035 $2,464

13 $55,257 $70,713 $2,116 $2,760

14 $58,430 $74,585 $2,261 $2,589

15 $61,738 $78,710 $2,345 $2,902

16 $65,202 $82,987 $2,434 $3,181

17 $68,860 $87,655 $2,550 $3,495

18 $72,763 $92,528 $2,499 $4,771

19 $76,705 $97,426 $2,602 $5,109

20 $80,633 $102,288 $2,711 $5,389

21 $84,908 $107,657 $2,830 $5,769

22 $89,472 $113,278 $2,949 $6,112

23 $94,205 $119,171 $3,071 $6,540

24 $99,222 $125,254 $3,189 $6,898

25 $104,698 $131,948 $3,325 $7,300

26 $110,212 $135,851 $3,460 $4,879

27 $116,176 $143,094 $3,643 $5,060

28 $122,296 $150,199 $3,784 $5,199

29 $128,704 $157,629 $3,930 $5,345

30 $135,431 $165,365 $4,075 $5,484

31 $142,650 $173,653 $4,227 $5,641

32 $150,233 $182,235 $4,369 $5,788

33 $158,406 $191,411 $4,513 $5,927

34 $166,843 $200,945 $4,669 $6,088

35 $175,492 $210,647 $4,820 $6,235

36 $184,313 $220,627 $4,986 $6,398

37 $193,986 $231,384 $5,141 $6,552

38 $180,981

(3) Effective April sixth, two thousand twenty-eight for officers and

employees on the administrative payroll and effective March thirtieth,

two thousand twenty-eight for officers and employees on the

institutional payroll:

PS&T SALARY SCHEDULE

EFFECTIVE April 6, 2028 (ADMIN)

EFFECTIVE March 30, 2028 (INST)

HIRING JOB ADVANCE JOB RATE

SG RATE RATE AMOUNT ADVANCE

1 $31,017 $40,021 $1,288 $1,276

2 $32,193 $41,649 $1,349 $1,362

3 $33,769 $43,677 $1,416 $1,412

4 $35,284 $45,711 $1,485 $1,517

5 $36,956 $47,877 $1,562 $1,549

6 $38,937 $50,421 $1,639 $1,650

7 $41,123 $53,137 $1,706 $1,778

8 $43,386 $55,954 $1,767 $1,966

9 $45,803 $58,954 $1,831 $2,165

10 $48,401 $62,231 $1,912 $2,358

11 $51,174 $65,738 $2,037 $2,342

12 $54,045 $69,229 $2,106 $2,548

13 $57,191 $73,186 $2,190 $2,855

14 $60,475 $77,196 $2,341 $2,675

15 $63,899 $81,467 $2,427 $3,006

16 $67,484 $85,893 $2,520 $3,289

17 $71,270 $90,724 $2,640 $3,614

18 $75,310 $95,764 $2,586 $4,938

19 $79,390 $100,834 $2,693 $5,286

20 $83,455 $105,865 $2,806 $5,574

21 $87,880 $111,428 $2,929 $5,974

22 $92,604 $117,245 $3,052 $6,329

23 $97,502 $123,343 $3,178 $6,773

24 $102,695 $129,636 $3,301 $7,135

25 $108,362 $136,568 $3,442 $7,554

26 $114,069 $140,606 $3,581 $5,051

27 $120,242 $148,102 $3,770 $5,240

28 $126,576 $155,456 $3,916 $5,384

29 $133,209 $163,146 $4,067 $5,535

30 $140,171 $171,153 $4,217 $5,680

31 $147,643 $179,731 $4,375 $5,838

32 $155,491 $188,613 $4,522 $5,990

33 $163,950 $198,110 $4,671 $6,134

34 $172,683 $207,978 $4,833 $6,297

35 $181,634 $218,020 $4,988 $6,458

36 $190,764 $228,349 $5,160 $6,625

37 $200,776 $239,482 $5,321 $6,780

38 $187,315

(4) Effective April fifth, two thousand twenty-nine for officers and

employees on the administrative payroll and effective March

twenty-ninth, two thousand twenty-nine for officers and employees on the

institutional payroll:

PS&T SALARY SCHEDULE

EFFECTIVE April 5, 2029 (ADMIN)

EFFECTIVE March 29, 2029 (INST)

HIRING JOB ADVANCE JOB RATE

SG RATE RATE AMOUNT ADVANCE

1 $31,948 $41,223 $1,326 $1,319

2 $33,159 $42,895 $1,390 $1,396

3 $34,782 $44,988 $1,458 $1,458

4 $36,343 $47,082 $1,529 $1,565

5 $38,065 $49,315 $1,609 $1,596

6 $40,105 $51,931 $1,688 $1,698

7 $42,357 $54,728 $1,757 $1,829

8 $44,688 $57,632 $1,820 $2,024

9 $47,177 $60,722 $1,886 $2,229

10 $49,853 $64,095 $1,970 $2,422

11 $52,709 $67,711 $2,098 $2,414

12 $55,666 $71,309 $2,170 $2,623

13 $58,907 $75,380 $2,256 $2,937

14 $62,289 $79,509 $2,411 $2,754

15 $65,816 $83,912 $2,499 $3,102

16 $69,509 $88,472 $2,595 $3,393

17 $73,408 $93,443 $2,719 $3,721

18 $77,569 $98,634 $2,664 $5,081

19 $81,772 $103,860 $2,774 $5,444

20 $85,959 $109,043 $2,890 $5,744

21 $90,516 $114,769 $3,017 $6,151

22 $95,382 $120,763 $3,143 $6,523

23 $100,427 $127,045 $3,273 $6,980

24 $105,776 $133,527 $3,400 $7,351

25 $111,613 $140,667 $3,545 $7,784

26 $117,491 $144,824 $3,689 $5,199

27 $123,849 $152,545 $3,883 $5,398

28 $130,373 $160,120 $4,034 $5,543

29 $137,205 $168,040 $4,189 $5,701

30 $144,376 $176,288 $4,344 $5,848

31 $152,072 $185,123 $4,506 $6,015

32 $160,156 $194,271 $4,658 $6,167

33 $168,869 $204,053 $4,811 $6,318

34 $177,863 $214,217 $4,978 $6,486

35 $187,083 $224,561 $5,138 $6,650

36 $196,487 $235,199 $5,315 $6,822

37 $206,799 $246,666 $5,480 $6,987

38 $192,934

(5) Effective April fourth, two thousand thirty for officers and

employees on the administrative payroll and effective March

twenty-eighth, two thousand thirty for officers and employees on the

institutional payroll:

PS&T SALARY SCHEDULE

EFFECTIVE April 4, 2030 (ADMIN)

EFFECTIVE March 28, 2030 (INST)

HIRING JOB ADVANCE JOB RATE

SG RATE RATE AMOUNT ADVANCE

1 $32,906 $42,461 $1,366 $1,359

2 $34,154 $44,179 $1,431 $1,439

3 $35,825 $46,338 $1,502 $1,501

4 $37,433 $48,493 $1,575 $1,610

5 $39,207 $50,795 $1,658 $1,640

6 $41,308 $53,491 $1,739 $1,749

7 $43,628 $56,372 $1,810 $1,884

8 $46,029 $59,358 $1,875 $2,079

9 $48,592 $62,547 $1,943 $2,297

10 $51,349 $66,019 $2,029 $2,496

11 $54,290 $69,740 $2,161 $2,484

12 $57,336 $73,447 $2,235 $2,701

13 $60,674 $77,643 $2,324 $3,025

14 $64,158 $81,893 $2,483 $2,837

15 $67,790 $86,431 $2,574 $3,197

16 $71,594 $91,128 $2,673 $3,496

17 $75,610 $96,244 $2,800 $3,834

18 $79,896 $101,590 $2,743 $5,236

19 $84,225 $106,975 $2,857 $5,608

20 $88,538 $112,314 $2,977 $5,914

21 $93,231 $118,214 $3,108 $6,335

22 $98,243 $124,383 $3,238 $6,712

23 $103,440 $130,854 $3,372 $7,182

24 $108,949 $137,530 $3,502 $7,569

25 $114,961 $144,890 $3,651 $8,023

26 $121,016 $149,169 $3,799 $5,359

27 $127,564 $157,121 $4,000 $5,557

28 $134,284 $164,924 $4,155 $5,710

29 $141,321 $173,081 $4,315 $5,870

30 $148,707 $181,577 $4,474 $6,026

31 $156,634 $190,677 $4,641 $6,197

32 $164,961 $200,099 $4,797 $6,356

33 $173,935 $210,175 $4,955 $6,510

34 $183,199 $220,644 $5,127 $6,683

35 $192,695 $231,298 $5,292 $6,851

36 $202,382 $242,255 $5,474 $7,029

37 $213,003 $254,066 $5,645 $7,193

38 $198,722

d. Salary grades for positions in the competitive, non-competitive and

labor classes of the classified service of the state of New York

designated managerial or confidential pursuant to article fourteen of

this chapter, civilian state employees of the division of military and

naval affairs of the executive department whose positions are not in, or

are excluded from representation rights in, any recognized or certified

negotiating unit, and those excluded from representation rights under

article fourteen of this chapter pursuant to rules or regulations of the

public employment relations board shall be as follows on the effective

dates indicated:

(1) Effective April first, two thousand twenty-six:

GRADE HIRING RATE JOB RATE

M/C 3 $32,978 $42,162

M/C 4 $34,436 $44,074

M/C 5 $36,501 $46,214

M/C 6 $38,051 $48,583

M/C 7 $40,243 $51,212

M/C 8 $42,453 $53,852

M/C 9 $44,879 $56,718

M/C 10 $47,297 $59,867

M/C 11 $50,166 $63,188

M/C 12 $52,814 $66,504

M/C 13 $55,885 $70,199

M/C 14 $59,204 $74,058

M/C 15 $62,499 $78,056

M/C 16 $66,023 $82,221

M/C 17 $69,770 $86,757

M/C 18 $70,139 $87,034

M/C 19 $73,902 $91,561

M/C 20 $77,670 $96,153

M/C 21 $81,858 $101,118

M/C 22 $86,256 $106,431

M/C 23 $90,678 $113,292

M 1 $97,874 $123,715

M 2 $108,544 $137,206

M 3 $120,471 $152,238

M 4 $133,245 $168,152

M 5 $147,952 $186,923

M 6 $163,811 $206,043

M 7 $180,562 $223,625

M 8 $152,241 +

(2) Effective April first, two thousand twenty-seven:

GRADE HIRING RATE JOB RATE

M/C 3 $34,297 $43,848

M/C 4 $35,813 $45,837

M/C 5 $37,961 $48,063

M/C 6 $39,573 $50,526

M/C 7 $41,853 $53,260

M/C 8 $44,151 $56,006

M/C 9 $46,674 $58,987

M/C 10 $49,189 $62,262

M/C 11 $52,173 $65,716

M/C 12 $54,927 $69,164

M/C 13 $58,120 $73,007

M/C 14 $61,572 $77,020

M/C 15 $64,999 $81,178

M/C 16 $68,664 $85,510

M/C 17 $72,561 $90,227

M/C 18 $72,945 $90,515

M/C 19 $76,858 $95,223

M/C 20 $80,777 $99,999

M/C 21 $85,132 $105,163

M/C 22 $89,706 $110,688

M/C 23 $94,305 $117,824

M 1 $101,789 $128,664

M 2 $112,886 $142,694

M 3 $125,290 $158,328

M 4 $138,575 $174,878

M 5 $153,870 $194,400

M 6 $170,363 $214,285

M 7 $187,784 $232,570

M 8 $158,331 +

(3) Effective April first, two thousand twenty-eight:

GRADE HIRING RATE JOB RATE

M/C 3 $35,497 $45,383

M/C 4 $37,066 $47,441

M/C 5 $39,290 $49,745

M/C 6 $40,958 $52,294

M/C 7 $43,318 $55,124

M/C 8 $45,696 $57,966

M/C 9 $48,308 $61,052

M/C 10 $50,911 $64,441

M/C 11 $53,999 $68,016

M/C 12 $56,849 $71,585

M/C 13 $60,154 $75,562

M/C 14 $63,727 $79,716

M/C 15 $67,274 $84,019

M/C 16 $71,067 $88,503

M/C 17 $75,101 $93,385

M/C 18 $75,498 $93,683

M/C 19 $79,548 $98,556

M/C 20 $83,604 $103,499

M/C 21 $88,112 $108,844

M/C 22 $92,846 $114,562

M/C 23 $97,606 $121,948

M 1 $105,352 $133,167

M 2 $116,837 $147,688

M 3 $129,675 $163,869

M 4 $143,425 $180,999

M 5 $159,255 $201,204

M 6 $176,326 $221,785

M 7 $194,356 $240,710

M 8 $163,873 +

(4) Effective April first, two thousand twenty-nine:

GRADE HIRING RATE JOB RATE

M/C 3 $36,562 $46,744

M/C 4 $38,178 $48,864

M/C 5 $40,469 $51,237

M/C 6 $42,187 $53,863

M/C 7 $44,618 $56,778

M/C 8 $47,067 $59,705

M/C 9 $49,757 $62,884

M/C 10 $52,438 $66,374

M/C 11 $55,619 $70,056

M/C 12 $58,554 $73,733

M/C 13 $61,959 $77,829

M/C 14 $65,639 $82,107

M/C 15 $69,292 $86,540

M/C 16 $73,199 $91,158

M/C 17 $77,354 $96,187

M/C 18 $77,763 $96,493

M/C 19 $81,934 $101,513

M/C 20 $86,112 $106,604

M/C 21 $90,755 $112,109

M/C 22 $95,631 $117,999

M/C 23 $100,534 $125,606

M 1 $108,513 $137,162

M 2 $120,342 $152,119

M 3 $133,565 $168,785

M 4 $147,728 $186,429

M 5 $164,033 $207,240

M 6 $181,616 $228,439

M 7 $200,187 $247,931

M 8 $168,789 +

(5) Effective April first, two thousand thirty:

GRADE HIRING RATE JOB RATE

M/C 3 $37,659 $48,146

M/C 4 $39,323 $50,330

M/C 5 $41,683 $52,774

M/C 6 $43,453 $55,479

M/C 7 $45,957 $58,481

M/C 8 $48,479 $61,496

M/C 9 $51,250 $64,771

M/C 10 $54,011 $68,365

M/C 11 $57,288 $72,158

M/C 12 $60,311 $75,945

M/C 13 $63,818 $80,164

M/C 14 $67,608 $84,570

M/C 15 $71,371 $89,136

M/C 16 $75,395 $93,893

M/C 17 $79,675 $99,073

M/C 18 $80,096 $99,388

M/C 19 $84,392 $104,558

M/C 20 $88,695 $109,802

M/C 21 $93,478 $115,472

M/C 22 $98,500 $121,539

M/C 23 $103,550 $129,374

M 1 $111,768 $141,277

M 2 $123,952 $156,683

M 3 $137,572 $173,849

M 4 $152,160 $192,022

M 5 $168,954 $213,457

M 6 $187,064 $235,292

M 7 $206,193 $255,369

M 8 $173,853 +

e. Effective on the dates indicated, salary grades for positions in

the competitive, non-competitive and labor classes of the classified

service of the state of New York in the collective negotiating unit

created by chapter four hundred three of the laws of nineteen hundred

eighty-three, hereinafter referred to as the rent regulation services

negotiating unit, established pursuant to article fourteen of this

chapter shall be as follows:

(1) Effective March thirtieth, two thousand twenty-three:

STEP STEP STEP STEP STEP STEP JR

SG HR 1 2 3 4 5 6 JR INCR INCR

1 27132 28047 28962 29877 30792 31707 32622 33537 915 915

2 28167 29127 30087 31047 32007 32967 33927 34894 960 967

3 29574 30578 31582 32586 33590 34594 35598 36595 1004 997

4 30866 31928 32990 34052 35114 36176 37238 38300 1062 1062

5 32343 33455 34567 35679 36791 37903 39015 40127 1112 1112

6 34152 35308 36464 37620 38776 39932 41088 42251 1156 1163

7 36040 37252 38464 39676 40888 42100 43312 44531 1212 1219

8 38073 39332 40591 41850 43109 44368 45627 46886 1259 1259

9 40193 41509 42825 44141 45457 46773 48089 49405 1316 1316

10 42493 43873 45253 46633 48013 49393 50773 52146 1380 1373

11 44957 46406 47855 49304 50753 52202 53651 55093 1449 1442

12 47530 49029 50528 52027 53526 55025 56524 58016 1499 1492

13 50347 51915 53483 55051 56619 58187 59755 61330 1568 1575

14 53262 54894 56526 58158 59790 61422 63054 64693 1632 1639

15 56355 58056 59757 61458 63159 64860 66561 68269 1701 1708

16 59512 61292 63072 64852 66632 68412 70192 71979 1780 1787

17 62862 64742 66622 68502 70382 72262 74142 76029 1880 1887

18 63108 65273 67438 69603 71768 73933 76098 80248 2165 4150

19 66530 68785 71040 73295 75550 77805 80060 84496 2255 4436

20 69934 72289 74644 76999 79354 81709 84064 88721 2355 4657

21 73641 76095 78549 81003 83457 85911 88365 93374 2454 5009

22 77600 80158 82716 85274 87832 90390 92948 98252 2558 5304

23 81706 84367 87028 89689 92350 95011 97672 103350 2661 5678

24 86057 88825 91593 94361 97129 99897 102665 108638 2768 5973

25 90806 93690 96574 99458 102342 105226 108110 114444 2884 6334

26 95588 98587 101586 104585 107584 110583 113582 117825 2999 4243

27 100763 103922 107081 110240 113399 116558 119717 124107 3159 4390

28 106067 109350 112633 115916 119199 122482 125765 130270 3283 4505

29 111628 115035 118442 121849 125256 128663 132070 136714 3407 4644

30 117460 120994 124528 128062 131596 135130 138664 143423 3534 4759

31 123721 127388 131055 134722 138389 142056 145723 150612 3667 4889

32 130301 134089 137877 141665 145453 149241 153029 158054 3788 5025

(2) Effective March twenty-eighth, two thousand twenty-four:

STEP STEP STEP STEP STEP STEP JR

SG HR 1 2 3 4 5 6 JR INCR INCR

1 27946 28889 29832 30775 31718 32661 33604 34540 943 936

2 29012 30001 30990 31979 32968 33957 34946 35942 989 996

3 30461 31495 32529 33563 34597 35631 36665 37692 1034 1027

4 31792 32886 33980 35074 36168 37262 38356 39450 1094 1094

5 33313 34459 35605 36751 37897 39043 40189 41328 1146 1139

6 35177 36367 37557 38747 39937 41127 42317 43521 1190 1204

7 37121 38370 39619 40868 42117 43366 44615 45864 1249 1249

8 39215 40512 41809 43106 44403 45700 46997 48294 1297 1297

9 41399 42755 44111 45467 46823 48179 49535 50884 1356 1349

10 43768 45189 46610 48031 49452 50873 52294 53708 1421 1414

11 46306 47798 49290 50782 52274 53766 55258 56743 1492 1485

12 48956 50500 52044 53588 55132 56676 58220 59757 1544 1537

13 51857 53473 55089 56705 58321 59937 61553 63169 1616 1616

14 54860 56541 58222 59903 61584 63265 64946 66634 1681 1688

15 58046 59798 61550 63302 65054 66806 68558 70317 1752 1759

16 61297 63130 64963 66796 68629 70462 72295 74135 1833 1840

17 64748 66685 68622 70559 72496 74433 76370 78307 1937 1937

18 65001 67231 69461 71691 73921 76151 78381 82656 2230 4275

19 68526 70849 73172 75495 77818 80141 82464 87032 2323 4568

20 72032 74458 76884 79310 81736 84162 86588 91381 2426 4793

21 75850 78378 80906 83434 85962 88490 91018 96173 2528 5155

22 79928 82563 85198 87833 90468 93103 95738 101197 2635 5459

23 84157 86898 89639 92380 95121 97862 100603 106454 2741 5851

24 88639 91490 94341 97192 100043 102894 105745 111897 2851 6152

25 93530 96501 99472 102443 105414 108385 111356 117875 2971 6519

26 98456 101545 104634 107723 110812 113901 116990 121360 3089 4370

27 103786 107040 110294 113548 116802 120056 123310 127830 3254 4520

28 109249 112630 116011 119392 122773 126154 129535 134178 3381 4643

29 114977 118486 121995 125504 129013 132522 136031 140815 3509 4784

30 120984 124624 128264 131904 135544 139184 142824 147726 3640 4902

31 127433 131210 134987 138764 142541 146318 150095 155130 3777 5035

32 134210 138112 142014 145916 149818 153720 157622 162796 3902 5174

(3) Effective March twenty-seventh, two thousand twenty-five:

STEP STEP STEP STEP STEP STEP JR

SG HR 1 2 3 4 5 6 JR INCR INCR

1 28784 29755 30726 31697 32668 33639 34610 35574 971 964

2 29882 30901 31920 32939 33958 34977 35996 37022 1019 1026

3 31375 32440 33505 34570 35635 36700 37765 38823 1065 1058

4 32746 33873 35000 36127 37254 38381 39508 40635 1127 1127

5 34312 35492 36672 37852 39032 40212 41392 42565 1180 1173

6 36232 37458 38684 39910 41136 42362 43588 44828 1226 1240

7 38235 39521 40807 42093 43379 44665 45951 47237 1286 1286

8 40391 41727 43063 44399 45735 47071 48407 49743 1336 1336

9 42641 44037 45433 46829 48225 49621 51017 52413 1396 1396

10 45081 46545 48009 49473 50937 52401 53865 55322 1464 1457

11 47695 49232 50769 52306 53843 55380 56917 58447 1537 1530

12 50425 52015 53605 55195 56785 58375 59965 61548 1590 1583

13 53413 55077 56741 58405 60069 61733 63397 65061 1664 1664

14 56506 58238 59970 61702 63434 65166 66898 68630 1732 1732

15 59787 61592 63397 65202 67007 68812 70617 72429 1805 1812

16 63136 65024 66912 68800 70688 72576 74464 76359 1888 1895

17 66690 68685 70680 72675 74670 76665 78660 80655 1995 1995

18 66951 69248 71545 73842 76139 78436 80733 85138 2297 4405

19 70582 72975 75368 77761 80154 82547 84940 89645 2393 4705

20 74193 76692 79191 81690 84189 86688 89187 94121 2499 4934

21 78126 80730 83334 85938 88542 91146 93750 99056 2604 5306

22 82326 85040 87754 90468 93182 95896 98610 104230 2714 5620

23 86682 89505 92328 95151 97974 100797 103620 109650 2823 6030

24 91298 94234 97170 100106 103042 105978 108914 115252 2936 6338

25 96336 99396 102456 105516 108576 111636 114696 121413 3060 6717

26 101410 104592 107774 110956 114138 117320 120502 125001 3182 4499

27 106900 110252 113604 116956 120308 123660 127012 131665 3352 4653

28 112526 116008 119490 122972 126454 129936 133418 138203 3482 4785

29 118426 122040 125654 129268 132882 136496 140110 145039 3614 4929

30 124614 128363 132112 135861 139610 143359 147108 152158 3749 5050

31 131256 135146 139036 142926 146816 150706 154596 159784 3890 5188

32 138236 142255 146274 150293 154312 158331 162350 167680 4019 5330

f. Effective on the dates indicated, salary grades for all positions

in the competitive, non-competitive, and labor classes of the classified

service of the state of New York in the collective negotiating unit

designated as the security services collective negotiating unit

established pursuant to article fourteen of this chapter shall be as

follows:

(1) Effective April sixth, two thousand twenty-three for those

officers and employees on the institution payroll and effective March

thirtieth, two thousand twenty-three, for those officers and employees

on the administration payroll.

Perf. Perf. Perf. Perf. Perf.

Ad- Ad- Ad- Ad- Ad-

Hir- vance vance vance vance vance

ing Step Step Step Step Step Job Perf.

SG Rate 1 2 3 4 5 Rate Adv.

1 30679 31874 33069 34264 35459 36654 37849 1195

2 31717 32976 34235 35494 36753 38012 39271 1259

3 33167 34480 35793 37106 38419 39732 41045 1313

4 34558 35942 37326 38710 40094 41478 42862 1384

5 36089 37542 38995 40448 41901 43354 44807 1453

6 37863 39395 40927 42459 43991 45523 47055 1532

7 39881 41471 43061 44651 46241 47831 49421 1590

8 42005 43657 45309 46961 48613 50265 51917 1652

9 44227 45952 47677 49402 51127 52852 54577 1725

10 46616 48431 50246 52061 53876 55691 57506 1815

11 49239 51127 53015 54903 56791 58679 60567 1888

12 51854 53826 55798 57770 59742 61714 63686 1972

13 54820 56876 58932 60988 63044 65100 67156 2056

14 57843 59999 62155 64311 66467 68623 70779 2156

15 61045 63286 65527 67768 70009 72250 74491 2241

16 64365 66708 69051 71394 73737 76080 78423 2343

17 67851 70321 72791 75261 77731 80201 82671 2470

18 71585 74176 76767 79358 81949 84540 87131 2591

19 75370 78080 80790 83500 86210 88920 91630 2710

20 79122 81953 84784 87615 90446 93277 96108 2831

21 83256 86205 89154 92103 95052 98001 100950 2949

22 87586 90710 93834 96958 100082 103206 106330 3124

23 92205 95416 98627 101838 105049 108260 111471 3211

24 97068 100398 103728 107058 110388 113718 117048 3330

25 102355 105831 109307 112783 116259 119735 123211 3476

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 39957 41812 45161 47542

2 41500 43463 46907 49394

3 43371 45416 48929 51502

4 45473 47462 51065 53578

5 47380 49644 53347 56139

6 49768 52150 55963 58873

7 52242 54719 58608 61610

8 54850 57422 61395 64501

9 57640 60327 64409 67628

10 60712 63535 67721 71069

11 63904 66845 71135 74600

12 67181 70254 74662 78258

13 70796 73996 78519 82241

14 74591 77946 82597 86476

15 78463 81955 86727 90746

16 82572 86225 91135 95310

17 87036 90880 95957 100324

18 91722 95764 101012 105576

19 96423 100639 106039 110784

20 101122 105538 111108 116046

21 106178 110778 116510 121638

22 111858 116722 122684 128075

23 117166 122180 128267 133804

24 122950 128144 134396 140116

25 129365 134787 141227 147169

(2) Effective April fourth, two thousand twenty-four for those

officers and employees on the institution payroll and effective March

twenty-seventh, two thousand twenty-four, for those officers and

employees on the administration payroll.

Perf. Perf. Perf. Perf. Perf.

Ad- Ad- Ad- Ad- Ad-

Hir- vance vance vance vance vance

ing Step Step Step Step Step Job Perf.

SG Rate 1 2 3 4 5 Rate Adv.

1 31599 32830 34061 35292 36523 37754 38985 1231

2 32669 33966 35263 36560 37857 39154 40451 1297

3 34162 35514 36866 38218 39570 40922 42274 1352

4 35595 37021 38447 39873 41299 42725 44151 1426

5 37172 38669 40166 41663 43160 44657 46154 1497

6 38999 40577 42155 43733 45311 46889 48467 1578

7 41077 42715 44353 45991 47629 49267 50905 1638

8 43265 44967 46669 48371 50073 51775 53477 1702

9 45554 47331 49108 50885 52662 54439 56216 1777

10 48014 49884 51754 53624 55494 57364 59234 1870

11 50716 52661 54606 56551 58496 60441 62386 1945

12 53410 55441 57472 59503 61534 63565 65596 2031

13 56465 58583 60701 62819 64937 67055 69173 2118

14 59578 61799 64020 66241 68462 70683 72904 2221

15 62876 65184 67492 69800 72108 74416 76724 2308

16 66296 68709 71122 73535 75948 78361 80774 2413

17 69887 72431 74975 77519 80063 82607 85151 2544

18 73733 76402 79071 81740 84409 87078 89747 2669

19 77631 80422 83213 86004 88795 91586 94377 2791

20 81496 84412 87328 90244 93160 96076 98992 2916

21 85754 88792 91830 94868 97906 100944 103982 3038

22 90214 93432 96650 99868 103086 106304 109522 3218

23 94971 98278 101585 104892 108199 111506 114813 3307

24 99980 103410 106840 110270 113700 117130 120560 3430

25 105426 109006 112586 116166 119746 123326 126906 3580

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 41156 43067 46516 48969

2 42747 44769 48316 50878

3 44670 46776 50395 53045

4 46840 48889 52600 55188

5 48804 51136 54950 57826

6 51261 53715 57642 60640

7 53811 56362 60368 63460

8 56498 59147 63239 66439

9 59371 62139 66343 69659

10 62536 65444 69755 73204

11 65823 68852 73271 76840

12 69196 72361 76901 80605

13 72922 76218 80877 84711

14 76830 80286 85077 89072

15 80815 84412 89327 93467

16 85047 88810 93867 98168

17 89647 93606 98836 103334

18 94476 98639 104044 108745

19 99314 103656 109218 114106

20 104156 108705 114442 119528

21 109367 114105 120009 125291

22 115216 120226 126367 131919

23 120679 125843 132113 137816

24 126639 131989 138428 144320

25 133245 138829 145462 151583

(3) Effective April third, two thousand twenty-five for those officers

and employees on the institution payroll and effective March

twenty-eighth, two thousand twenty-five, for those officers and

employees on the administration payroll.

Perf. Perf. Perf. Perf. Perf.

Ad- Ad- Ad- Ad- Ad-

Hir- vance vance vance vance vance

ing Step Step Step Step Step Job Perf.

SG Rate 1 2 3 4 5 Rate Adv.

1 32547 33815 35083 36351 37619 38887 40155 1268

2 33649 34985 36321 37657 38993 40329 41665 1336

3 35187 36580 37973 39366 40759 42152 43545 1393

4 36663 38132 39601 41070 42539 44008 45477 1469

5 38287 39829 41371 42913 44455 45997 47539 1542

6 40169 41794 43419 45044 46669 48294 49919 1625

7 42309 43996 45683 47370 49057 50744 52431 1687

8 44563 46316 48069 49822 51575 53328 55081 1753

9 46921 48751 50581 52411 54241 56071 57901 1830

10 49454 51380 53306 55232 57158 59084 61010 1926

11 52237 54241 56245 58249 60253 62257 64261 2004

12 55012 57104 59196 61288 63380 65472 67564 2092

13 58159 60341 62523 64705 66887 69069 71251 2182

14 61365 63653 65941 68229 70517 72805 75093 2288

15 64762 67139 69516 71893 74270 76647 79024 2377

16 68285 70770 73255 75740 78225 80710 83195 2485

17 71984 74604 77224 79844 82464 85084 87704 2620

18 75945 78694 81443 84192 86941 89690 92439 2749

19 79960 82835 85710 88585 91460 94335 97210 2875

20 83941 86945 89949 92953 95957 98961 101965 3004

21 88327 91456 94585 97714 100843 103972 107101 3129

22 92920 96235 99550 102865 106180 109495 112810 3315

23 97820 101226 104632 108038 111444 114850 118256 3406

24 102979 106512 110045 113578 117111 120644 124177 3533

25 108589 112276 115963 119650 123337 127024 130711 3687

Max

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 42391 44359 47912 50439

2 44030 46113 49766 52405

3 46013 48182 51910 54639

4 48247 50357 54179 56845

5 50269 52670 56599 59561

6 52797 55324 59369 62457

7 55424 58052 62178 65363

8 58193 60921 65136 68432

9 61151 64002 68332 71747

10 64411 67406 71847 75399

11 67801 70921 75473 79149

12 71272 74532 79208 83023

13 75112 78507 83306 87255

14 79137 82696 87631 91746

15 83238 86943 92005 96269

16 87596 91472 96681 101111

17 92335 96413 101800 106432

18 97310 101598 107165 112007

19 102295 106767 112496 117531

20 107284 111969 117879 123117

21 112648 117528 123609 129049

22 118675 123835 130160 135879

23 124298 129617 136075 141949

24 130438 135949 142581 148650

25 137240 142992 149824 156128

h. Pursuant to the terms of an agreement entered into pursuant to

article fourteen of this chapter between the state and an employee

organization covering members of the collective negotiating unit

designated as the agency police services unit, effective on the dates

indicated, salary grades for such unit members shall be as follows:

(1) Effective April first, two thousand twenty-three:

Hiring Job

SG Rate Step 1 Step 2 Step 3 Step 4 Step 5 Rate Incr

1 33913 35107 36301 37495 38689 39883 41077 1194

2 34951 36209 37467 38725 39983 41241 42499 1258

3 36398 37710 39022 40334 41646 42958 44270 1312

4 37790 39173 40556 41939 43322 44705 46088 1383

5 39325 40780 42235 43690 45145 46600 48055 1455

6 41098 42627 44156 45685 47214 48743 50272 1529

7 43116 44708 46300 47892 49484 51076 52668 1592

8 45242 46896 48550 50204 51858 53512 55166 1654

9 47461 49185 50909 52633 54357 56081 57805 1724

10 49850 51665 53480 55295 57110 58925 60740 1815

11 52473 54361 56249 58137 60025 61913 63801 1888

12 55087 57058 59029 61000 62971 64942 66913 1971

13 58051 60109 62167 64225 66283 68341 70399 2058

14 61077 63234 65391 67548 69705 71862 74019 2157

15 64276 66520 68764 71008 73252 75496 77740 2244

16 67596 69940 72284 74628 76972 79316 81660 2344

17 71088 73557 76026 78495 80964 83433 85902 2469

18 74819 77414 80009 82604 85199 87794 90389 2595

19 78600 81310 84020 86730 89440 92150 94860 2710

20 82354 85183 88012 90841 93670 96499 99328 2829

21 86489 89439 92389 95339 98289 101239 104189 2950

22 90820 93945 97070 100195 103320 106445 109570 3125

23 95436 98649 101862 105075 108288 111501 114714 3213

24 100298 103631 106964 110297 113630 116963 120296 3333

25 105589 109065 112541 116017 119493 122969 126445 3476

Long

Max.

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 42860 44642 48096 49880

2 44386 46272 49827 51716

3 46237 48205 51844 53813

4 48158 50230 53966 56033

5 50232 52410 56256 58434

6 52566 54859 58823 61117

7 55052 57436 61490 63873

8 57642 60118 64267 66747

9 60396 62988 67246 69832

10 63456 66167 70549 73264

11 66627 69446 73948 76774

12 69868 72824 77453 80408

13 73477 76555 81309 84385

14 77244 80468 85369 88592

15 81100 84460 89492 92850

16 85173 88687 93864 97375

17 89597 93292 98658 102353

18 94272 98156 103716 107603

19 98916 102971 108696 112753

20 103574 107818 113729 117976

21 108614 113042 119130 123553

22 114248 118925 125272 129952

23 119533 124355 130843 135662

24 125290 130286 136956 141950

25 131655 136868 143744 148953

(2) Effective April first, two thousand twenty-four:

Hiring Job

SG Rate Step 1 Step 2 Step 3 Step 4 Step 5 Rate Incr

1 34930 36160 37390 38620 39850 41080 42310 1230

2 36000 37296 38592 39888 41184 42480 43776 1296

3 37490 38841 40192 41543 42894 44245 45596 1351

4 38924 40349 41774 43199 44624 46049 47474 1425

5 40505 42004 43503 45002 46501 48000 49499 1499

6 42331 43906 45481 47056 48631 50206 51781 1575

7 44409 46049 47689 49329 50969 52609 54249 1640

8 46599 48303 50007 51711 53415 55119 56823 1704

9 48885 50661 52437 54213 55989 57765 59541 1776

10 51346 53215 55084 56953 58822 60691 62560 1869

11 54047 55992 57937 59882 61827 63772 65717 1945

12 56740 58770 60800 62830 64860 66890 68920 2030

13 59793 61913 64033 66153 68273 70393 72513 2120

14 62909 65131 67353 69575 71797 74019 76241 2222

15 66204 68515 70826 73137 75448 77759 80070 2311

16 69624 72038 74452 76866 79280 81694 84108 2414

17 73221 75764 78307 80850 83393 85936 88479 2543

18 77064 79737 82410 85083 87756 90429 93102 2673

19 80958 83749 86540 89331 92122 94913 97704 2791

20 84825 87739 90653 93567 96481 99395 102309 2914

21 89084 92123 95162 98201 101240 104279 107318 3039

22 93545 96764 99983 103202 106421 109640 112859 3219

23 98299 101608 104917 108226 111535 114844 118153 3309

24 103307 106740 110173 113606 117039 120472 123905 3433

25 108757 112337 115917 119497 123077 126657 130237 3580

Long

Max.

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 44146 45982 49540 51377

2 45720 47662 51324 53270

3 47622 49649 53397 55425

4 49606 51740 55588 57717

5 51741 53985 57946 60189

6 54144 56506 60589 62951

7 56705 59160 63336 65790

8 59373 61924 66197 68751

9 62210 64879 69265 71929

10 65357 68150 72663 75460

11 68628 71531 76168 79079

12 71964 75008 79776 82820

13 75683 78854 83750 86919

14 79563 82883 87932 91251

15 83531 86992 92175 95633

16 87726 91346 96678 100294

17 92285 96091 101618 105424

18 97101 101102 106829 110832

19 101882 106058 111955 116134

20 106682 111054 117142 121516

21 111876 116437 122707 127263

22 117677 122495 129032 133852

23 123117 128083 134766 139729

24 129049 134195 141065 146209

25 135603 140973 148055 153420

(3) Effective April first, two thousand twenty-five:

Hiring Job

SG Rate Step 1 Step 2 Step 3 Step 4 Step 5 Rate Incr

1 35978 37245 38512 39779 41046 42313 43580 1267

2 37080 38415 39750 41085 42420 43755 45090 1335

3 38615 40007 41399 42791 44183 45575 46967 1392

4 40092 41560 43028 44496 45964 47432 48900 1468

5 41720 43264 44808 46352 47896 49440 50984 1544

6 43601 45223 46845 48467 50089 51711 53333 1622

7 45741 47430 49119 50808 52497 54186 55875 1689

8 47997 49752 51507 53262 55017 56772 58527 1755

9 50352 52181 54010 55839 57668 59497 61326 1829

10 52886 54811 56736 58661 60586 62511 64436 1925

11 55668 57672 59676 61680 63684 65688 67692 2004

12 58442 60533 62624 64715 66806 68897 70988 2091

13 61587 63771 65955 68139 70323 72507 74691 2184

14 64796 67085 69374 71663 73952 76241 78530 2289

15 68190 70570 72950 75330 77710 80090 82470 2380

16 71713 74199 76685 79171 81657 84143 86629 2486

17 75418 78037 80656 83275 85894 88513 91132 2619

18 79376 82129 84882 87635 90388 93141 95894 2753

19 83387 86262 89137 92012 94887 97762 100637 2875

20 87370 90371 93372 96373 99374 102375 105376 3001

21 91757 94887 98017 101147 104277 107407 110537 3130

22 96351 99667 102983 106299 109615 112931 116247 3316

23 101248 104656 108064 111472 114880 118288 121696 3408

24 106406 109942 113478 117014 120550 124086 127622 3536

25 112020 115707 119394 123081 126768 130455 134142 3687

Long

Max.

10 Yr. 15 Yr. 20 Yr. 25 Yr.

Long Long Long Long

SG Step Step Step Step

1 45471 47362 51027 52919

2 47092 49093 52864 54869

3 49054 51142 55002 57091

4 51096 53294 57257 59450

5 53293 55605 59684 61995

6 55767 58200 62405 64838

7 58405 60933 65235 67762

8 61154 63781 68182 70813

9 64075 66824 71342 74086

10 67317 70194 74842 77723

11 70690 73680 78457 81455

12 74123 77259 82170 85305

13 77956 81222 86265 89529

14 81952 85371 90572 93990

15 86035 89600 94938 98500

16 90356 94084 99576 103301

17 95052 98972 104665 108585

18 100013 104134 110033 114156

19 104940 109242 115316 119620

20 109880 114383 120654 125159

21 115232 119930 126388 131080

22 121210 126172 132905 137870

23 126809 131924 138807 143919

24 132920 138221 145297 150595

25 139669 145200 152495 158020

2. Allocation of positions. All positions allocated pursuant to title

A of article eight of this chapter shall be allocated to an appropriate

salary grade as prescribed in subdivision one of this section, and all

positions in a promotional series shall be allocated to salary grades

which properly reflect the varying degrees of responsibilities and

duties to be performed and training required.

3. Longevity Payment. (a) Notwithstanding any inconsistent provision

of this chapter, effective April twenty-eighth, nineteen hundred

eighty-eight, for employees on the administration payroll and May fifth,

nineteen hundred eighty-eight, for employees on the institution payroll,

an employee holding a position in the collective negotiating unit

designated as the security services unit allocated to a salary grade

described in paragraph b of subdivision one of this section shall be

entitled to a longevity payment upon the completion of ten years of

continuous service in a title or a combination of titles which exist or

have existed in the security services/supervisors occupational title

series. Such employee shall be entitled to an additional longevity

payment upon the completion of fifteen years of such service and an

additional longevity payment upon completion of twenty years of such

service. The longevity amount shall be as specified in the current

salary schedule for the salary grade for the position which the employee

holds upon completion of the prescribed service requirements or, in the

case of the twenty year longevity payment, half of the performance

advance amount for such grade for such position. Effective April first,

nineteen hundred eighty-nine, the twenty year longevity payment shall be

three-quarters of the performance advance amount for such grade for such

position and, effective April first, nineteen hundred ninety, the twenty

year longevity payment shall be equal to the performance advance amount

for such grade for such position. The longevity amount shall not exceed

the longevity maximum, and shall be added to the employee's basic salary

effective on the first day of the payroll period which next begins

following completion of such service; provided, however, that an

employee's basic annual salary may not exceed the longevity maximum of

the salary grade of the employee's current position as a result of a

longevity payment. Notwithstanding the foregoing provisions of this

paragraph, an employee holding a position in the security services unit

allocated to a salary grade prescribed in paragraph b of subdivision one

of this section who has completed the prescribed service requirements

for the twenty year longevity payment prior to April first, nineteen

hundred eighty-five and who has not previously received a longevity

payment for such service shall be entitled to such twenty year longevity

payment effective April twenty-fifth, nineteen hundred eighty-five for

employees on the institutional payroll and May second, nineteen hundred

eighty-five for employees on the administrative payroll at the current

twenty year longevity payment amount of the salary grade of the title

which the employee was in upon completion of the twenty year service

requirement; provided, however, that an employee's basic annual salary

may not exceed the longevity maximum of the salary grade of the

employee's current position as a result of such longevity payment.

Employees in such unit who have already received a twenty year longevity