N.Y.
Civil Service Law Section 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 § 2 (Definitions)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.
Source:
Section 20 — Rules, https://www.nysenate.gov/legislation/laws/CVS/20 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
