N.Y.
Civil Service Law Section 16
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 § 15 (Optional forms of local civil service administration)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 § 2 (Definitions)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 § 15 (Optional forms of local civil service administration)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 § 15 (Optional forms of local civil service administration)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 § 2 (Definitions)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 § 15 (Optional forms of local civil service administration)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 § 15 (Optional forms of local civil service administration)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 § 15 (Optional forms of local civil service administration)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 § 2 (Definitions)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.
Source:
Section 16 — Change of form of administration, https://www.nysenate.gov/legislation/laws/CVS/16 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
