State Codes and Statutes

Statutes > New-york > Cvs > Article-2 > Title-b > 20

§ 20. 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  daysafter 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.

State Codes and Statutes

Statutes > New-york > Cvs > Article-2 > Title-b > 20

§ 20. 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  daysafter 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvs > Article-2 > Title-b > 20

§ 20. 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  daysafter 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.