NY Civ Serv L § 6 (2021)
2021 New York Laws CVS - Civil Service Article 2 - Civil Service Administration Title A - Organization and Functions of State Civil Service Department 6 - Powers and Duties of the State Civil Service Commission.

§ 6. Powers  and  duties  of  the  state civil service commission. The   state civil service commission shall1. Prescribe and amend suitable rules  and  regulations  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 (a) rules   for the jurisdictional classification of offices and  positions  in  the   classified   service   of   the   state;  (b)  rules  for  examinations,   appointments, promotions, transfers, leaves of absence, resignations and   reinstatements, and the keeping, reporting and reviewing of  performance   ratings  of  employees  in the classified service of the state and civil   divisions for which the provisions of this chapter are  administered  by   the   state  civil  service  department;  (c)  rules  for  sick  leaves,   vacations, time allowances and other conditions  of  employment  in  the   classified service of the state and, notwithstanding any other provision   of  this  chapter  or  any  other  law,  such rules may provide for cash   payment of the monetary value of accumulated and unused vacation or time   allowances granted in lieu of  overtime  compensation  standing  to  the   credit  of an employee at the time of his or her separation from service   or his or her entrance into the armed forces of the  United  States  for   active  duty  (other  than  for training) as defined by title ten of the   United  States  code,  whether  or  not  such  entrance  constitutes   a   separation  from  service,  and for the payment of the monetary value of   his or her accumulated and unused time allowances  granted  in  lieu  of   overtime  compensation standing to the credit of an employee at the time   of his or her appointment, promotion or transfer from the department  or   agency  in  which such time allowances were earned to another department   or  agency  and  provided  further  however  that  any  such  rules   or   regulations  shall  provide  that  individuals certified by an examining   physician as benefiting from the use of a service animal  in  performing   major  life  activities,  individuals registered with the New York state   commission for the blind as legally blind or certified by  an  examining   physician  or  licensed  optometrist  as legally blind, as manifested by   visual acuity of 20/200 or less in the better eye with  best  correction   or  visual  field of 20 degrees or less, and individuals who are deaf or   hard of hearing manifested by a speech  discrimination  score  of  forty   percent  or  less  in  the  better  ear  with  appropriate correction as   certified by  an  examining  physician  or  a  licensed  audiologist  or   otorhinolaryngologist as defined in section seven hundred eighty-nine of   the  general  business  law, or a physician who has examined such person   pursuant to the provisions of section seven hundred ninety-two  of  such   law,  may charge against accumulated sick leave credits and upon written   agreement between the individual and the employer,  may  borrow  against   sick  leave  credits  not  yet accumulated, for the purpose of obtaining   service animals or guide dogs and necessary training, up to a maximum of   twenty-six days in any one calendar year; and (d) rules for the position   classification  and  jurisdictional  classification   of   offices   and   employees  in  civil  divisions for which the provisions of this chapter   are administered by the state civil service department.Such rules  and  any  modification  thereof  shall  take  effect  when   approved  by  the  governor and filed in the office of the department of   state, and shall have the force and effect of law;2. Keep minutes of its  own  proceedings  and  records  of  its  other   official actions;3.  Make  investigations  concerning  all  matters  touching  upon the   enforcement and effect of the provisions of this chapter and  the  rules   and  regulations established thereunder and concerning the action of any   person in respect to the administration of this chapter. In  the  course   of   such  investigations  each  member  and  any  officer  or  employee    previously  designated  in  writing  by  the   commission   to   conduct   investigations  or hearings in its behalf shall have power to administer   oaths. A record of such written designation shall be kept on file in the   office of such commission;4.  Have power to subpoena and require the attendance in this state of   witnesses and the production  of  books  and  papers  pertinent  to  the   investigation  and  inquiries  hereby authorized and to examine them and   such public records as it shall require relating to any such matter. For   the purposes of such  examination,  the  commission  possesses  all  the   powers  conferred  by  the  legislative  law  upon  a  committee  of the   legislature or by the civil practice law and  rules,  upon  a  board  or   committee.  A  subpoena  issued under this section shall be regulated by   the civil practice law and rules. Said commission  and  any  officer  or   employee previously designated in writing by it to act in its behalf may   invoke the power of any court of record in the state to compel witnesses   to attend, testify and produce books and papers;5.  Hear  and  determine  appeals  instituted  by any person believing   himself aggrieved by any action or determination of the president of the   commission acting  as  the  head  of  the  department,  made  under  the   authority   conferred  upon  such  president  or  department  under  the   provisions of this  chapter  except  article  eleven  hereof;  provided,   however,  that  no  such  appeal  shall  be allowed (a) if the action or   determination involved relates solely to matters of internal  management   of  the  department,  or (b) if the action or determination involved was   considered and approved  in  advance  by  the  commission.  The  appeals   authorized  by  this  subdivision shall be instituted by applications in   writing  to  the  commission  within  thirty  days  of  the  action   or   determination  to be reviewed. The commission, for good cause shown, may   waive  such  thirty-day  limitation.  The  commission  may   make   such   investigation  or  inquiry  into  the  facts  relative  to the action or   determination appealed from as may be deemed advisable and  may  affirm,   reverse or modify such action or determination;6.  Make determinations of all appeals filed with the state commission   pursuant to the  provisions  of  section  one  hundred  twenty  of  this   chapter;6-a.  Submit  a report on or before January thirty-first of each year,   to the governor and the legislature which  shall  include,  but  not  be   limited  to,  information detailing the total number of appeals received   from determinations made  based  upon  written  and  oral  examinations,   performance  tests  and  ratings  of training and experience, during the   preceding twelve months, and the final disposition  or  dispositions  of   each appeal.7.  Meet  in  Albany  at least once in each calendar month, except the   month of August, and hold such other meetings at such places within  the   state  as the needs of the public service may require. A majority of the   members of the commission shall constitute a quorum.