NY Civ Serv L § 15 (2021)
2021 New York Laws CVS - Civil Service Article 2 - Civil Service Administration Title B - Organization and Functions of Municipal Civil Service Commissions 15 - Optional Forms of Local Civil Service Administration.

§ 15. 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.