NY Civ Serv L § 16 (2021)
2021 New York Laws CVS - Civil Service Article 2 - Civil Service Administration Title B - Organization and Functions of Municipal Civil Service Commissions 16 - Change of Form of Administration.

§ 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 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 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  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 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 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 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  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 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 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.