NY Civ Serv L § 35 (2021)
2021 New York Laws CVS - Civil Service Article 3 - Jurisdictional Classification Title A - Unclassified Service 35 - Unclassified Service.

§ 35. Unclassified service. The civil service of the state and each of its   civil   divisions   shall  be  divided  into  the  classified  and unclassified  service.  The  unclassified  service  shall  comprise  the following:  (a) all elective offices;  (b)  all  offices filled by election or appointment by the legislature on joint ballot;  (c) all officers and employees  of  the  state  legislature,  and  all officers  and  employees  of  any other legislative body whose principal functions and duties are directly related  to  the  performance  of  the legislative functions of such body;  (d)  all offices filled by appointment by the governor, either upon or without confirmation by the senate, except officers and employees in the executive department who are not heads of divisions therein;  (e) the head or heads of any department  of  the  government  who  are vested  with authority, direction and control over a department, and who have power and authority to appoint and remove  officers  and  employees therein;  (f) all members, officers and employees of boards of elections;  (g)  all  persons  employed  by any title whatsoever as members of the teaching  and  supervisory  staff  of  a  school  district,   board   of cooperative  educational  services  or  county  vocational education and extension  board,  as  certified  to  the  state   commission   by   the commissioner of education. The commissioner of education shall prescribe qualifications for appointment for all classes of positions so certified by   him,   and   shall   establish  specifications  setting  forth  the qualifications  for  and  the  nature  and  scope  of  the  duties   and responsibility  of  such  positions. The commissioner of education shall file such qualifications for appointment and  such  specifications  with the civil service commission;  (h)  all positions in the state university in the professional service as defined in subdivision three of section three hundred fifty-five-a of the education law, which positions shall be determined by the chancellor of the state university and  certified  by  him  to  the  civil  service commission; provided, however, that any state university position in the classified   service   which   the  chancellor  seeks  to  designate  as unclassified must be approved by the  civil  service  commission  before such change in designation;  (i) all positions in community colleges in the professional service as defined  in subdivision two of section six thousand three hundred six of the  education  law,  which  shall  include   all   positions   on   the instructional  staffs  of  the  fashion institute of technology, the New York city community college of applied arts and  sciences,  and  of  the community  colleges  sponsored  by  the board of higher education in the city of New York as respectively defined in sections two  thousand  five hundred  eighty-seven,  six thousand two hundred six-a, and six thousand two hundred six-b of the education  law.  Such  positions  in  community colleges  other  than  the fashion institute of technology, the New York city community college of  applied  arts  and  sciences,  and  community colleges  sponsored  by the board of higher education of the city of New York shall be determined by the board of trustees of such colleges  with the  approval  of  the  chancellor of state university, and certified by each such board to the commission or officer which administers the civil service law for the local sponsor of the community college  administered by   such   board.   Each   such   board  of  trustees  shall  prescribe qualifications for appointment for all classes of positions so certified by  it,  and  shall   establish   specifications   setting   forth   the qualifications   for  and  the  nature  and  scope  of  the  duties  and  responsibilities of such positions. Each such board  of  trustees  shall file  such  qualifications  for appointment and such specifications with the civil service commission and with the commission or officer to which the certification is made;  (j)  all  persons,  other  than persons covered under paragraph (g) or paragraph  (h)  or  paragraph  (i)  of  this  section,  whose  principal functions  are  teaching  or  the  supervision  of  teaching in a public school, academy or college.  (k) all positions in the professional service in the  New  York  State School  for  the  Blind  and  the  New  York  State School for the Deaf, requiring the performance  of  educational  functions,  which  positions shall  be  determined  by the commissioner of education and certified by him to the civil service commission.