NY Civ Serv L § 23 (2021)
2021 New York Laws CVS - Civil Service Article 2 - Civil Service Administration Title B - Organization and Functions of Municipal Civil Service Commissions 23 - Services by State Department of Civil Service; Certification of State and Municipal Eligible Lists.

§ 23. 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.