NY Civ Serv L § 100 (2021)
2021 New York Laws CVS - Civil Service Article 7 - Enforcement; Prohibitions; Penalties Title B - Certification of Payrolls; Court Actions 100 - Certification of Payrolls.

§ 100. Certification  of  payrolls. 1. Payroll certification required. (a) Except as otherwise provided  in  this  section,  no  disbursing  or auditing  officer  of  the  state or of any civil division thereof shall approve or pay or take any part in approving or  paying  any  salary  or compensation  for  personal  service  to any person holding an office or position in  the  classified  service  unless  the  voucher  or  payroll therefor  bears  the  certificate  of  the  civil  service department or municipal commission having jurisdiction that the persons named  therein are  employed  in  their respective positions in accordance with law and rules made pursuant to law. The  certificate  of  municipal  commissions shall   also  include  a  statement  of  membership  in  an  appropriate retirement system where such membership is mandatory.  Such  certificate may  be  executed for and on behalf of such department or commission, as the case may be, by an officer or employee thereof  duly  designated  in writing  for that purpose.  Such certificate may, for cause, be withheld from an entire payroll or  from  any  item  or  items  therein.  If  the department  or  municipal  commission  finds  that  any  person has been promoted, transferred, assigned, reinstated  or  otherwise  employed  in violation  of  this  chapter or rules made pursuant thereto, it shall so notify the appropriate disbursing and auditing officers  who  thereafter shall  not  pay  or approve the payment of any salary or compensation to such person; and nothing contained in this section shall be construed to authorize any officer to approve or pay salary or  compensation  to  any person  contrary to such a notice. If, however, permission is granted by the department to a state agency or state department to certify directly to the department of audit and control that the  persons  named  in  the certification  are  employed in their respective positions in accordance with law and rules made pursuant to law, the department need not certify any voucher or payroll but may  at  any  time  thereafter  examine  such payroll  or  voucher  and  revoke any previous certification not made in accordance with such law and rules. Revocation of any such certification shall, in any action against the appointing officer  under  section  one hundred   two  of  this  chapter,  be  presumptive  evidence  that  such certification was improper in the respects not held to be proper by  the department.  (b)  The  certificate  of  the civil service department or appropriate municipal commission shall not be required in advance of the  audit  and payment   of  salary  or  compensation  to  temporary  laborers  if  the appointing officer certifies that the temporary laborers  named  in  the payroll   or  account  therefor  have  been  appointed  or  employed  in accordance with law and rules made pursuant thereto, but  in  such  case such  payroll  or  account shall be submitted within two calendar months after certification by the appointing officer for further  certification by   the   department  or  appropriate  municipal  commission  that  the appointing officer's certification was  in  whole  or  in  part  proper. Refusal  of  the  department  or municipal commission to certify, within thirty  days  of  receipt  of  such  payroll  or   account,   that   the certification  by  the  appointing  officer  was  in all respects proper shall, in any action against such appointing officer under  section  one hundred   two  of  this  chapter,  be  presumptive  evidence  that  such certification was improper in the respects not certified  as  proper  by the  department  or  municipal  commission.  The  department may include temporary laborers employed by a state agency or state department within permission granted pursuant to paragraph (a)  of  this  subdivision  for direct  certification to the department of audit and control, subject to the  terms  for  investigation  and  revocation  of  such  certification contained  in  such  paragraph.  The  term "temporary laborers", as used herein, means persons in the labor class and  skilled  laborers  in  the  non-competitive  class  who are employed temporarily on work of repairs, maintenance and construction, and who do  not  constitute  part  of  the regular force of a department or institution.  (c) Any person entitled to be certified as provided herein and refused such  certificate,  or  from  whom  salary  or compensation is otherwise unlawfully  withheld,  may   maintain   a   proceeding   under   article seventy-eight of the civil practice law and rules to compel the issuance of  such certificate or the payment of such salary, or both, as the case may be.  (d) Nothing contained in this section shall be  construed  to  prevent the  award  of  a  money  remedy  for  the violation of a provision of a collective bargaining agreement prohibiting the assignment of  employees to duties substantially different from those appropriate to the title to which the employees are certified. This subdivision may be supplemented, modified  or  replaced by provisions of collective bargaining agreements negotiated between the state and an employee  organization  pursuant  to article fourteen of this chapter.  (e)  Nothing  contained  in this section shall be construed to prevent the payment of a money remedy, which shall be for  a  period  no  longer than  forty-five  days  prior  to the filing of a grievance, pursuant to executive order forty-two, dated October  fourteenth,  nineteen  hundred seventy,  and  title nine, part five hundred sixty, official compilation of codes, rules and regulations of the state of New York  in  resolution of  the  assignment  of employees to duties substantially different from those appropriate to the title to which the employees are certified. The issuance of such a money remedy shall also contain a  cease  and  desist order   from  continuation  of  the  assignment  of  such  substantially different duties to the employee involved.  (f)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,  in  cities  with  a population of one million or more, the municipal civil service commission may grant permission to a city agency or department to certify directly to the disbursing or auditing  officer of such city that the persons named in the certification are employed in their  respective positions in accordance with applicable law and rules. In such cases, the municipal civil service commission need  not  certify any  voucher  or  payroll  but  may  at any time thereafter examine such payroll or voucher and revoke any previous  certification  not  made  in accordance  with  such  law  and rules. Revocation of such certification shall, in any action against the appointing officer pursuant to  section one  hundred  two  of  this  title,  be  presumptive  evidence that such certification was improper in the respects not held to be proper by  the municipal civil service commission.   2.  Extended certifications. (a) The state civil service commission or any municipal commission may, by rule,  provide  that  certification  of payrolls  of  employees of any agency, authority or civil division under its jurisdiction may be made annually or semi-annually as of the date or dates specified in such rules provided, however, that on and after  July first,  nineteen hundred sixty-one, each such commission shall be deemed to have adopted a rule providing for  annual  certification  as  of  the first  full  payroll period of the fiscal year of such agency, authority or civil division, except for such periods after such date during  which a  rule  or  requirement  of  such  commission  shall be operative which provides for other certifications, or dates  therefor,  consistent  with the  provisions  of this section. Any such certification shall remain in effect until the next certification required by such rules, except as to officers or employees appointed or reinstated after  such  certification was   made,   or  officers  or  employees  whose  status  or  salary  or compensation is changed  after  the  last  certification  of  a  payroll  containing  their  names.  In  such cases the names of such officers and employees shall be submitted for certification on the first  payroll  on which  they  appear  under such appointment, reinstatement, or other new status or salary or compensation; provided, however, that in the case of school   districts  other  than  city  school  districts,  pending  such certification by the department or  commission  as  to  persons  not  so previously certified, audit and payment of salary or compensation may be made   for  a  period  not  exceeding  two  calendar  months  after  the appointment, reinstatement or  other  change  of  status  or  salary  or compensation  of  such persons if notice thereof in writing is forwarded to the civil service department within fifteen calendar days after  such appointment,  reinstatement  or  other  change  of  status  or salary or compensation occurs.  (b) In lieu of the procedure  authorized  by  paragraph  (a)  of  this subdivision  the  civil service department, with respect to the officers and employees of any department or agency of the  state  or  any  public authority, may issue certificates hereunder on an extended basis without time  limitation  or,  in  the  case  of  employments  subject to a time limitation, for such limited period as may  be  applicable.  No  further certification  shall be necessary for the payment of compensation to any such person so long as his  status  remains  unchanged  and  during  the stated  limited  period,  if  any,  of his employment. The civil service department, however, may  at  any  time  examine  the  payroll  of  such department,  agency  or  authority for any pay period, and shall examine such a payroll at least once each year to  determine  that  all  persons employed  in  such  department,  agency  or  authority  are  employed in accordance with law and rules.  (c) Notwithstanding the provisions of this subdivision or of any rules adopted  hereunder,  the  civil  service  department  or   a   municipal commission may, at any time, require any such agency, authority or civil division  under  its  jurisdiction  to  submit  payrolls or accounts for certification in accordance with the provisions of  subdivision  one  of this section.   3.   Certifications   for   certain   positions   in   state  service. Notwithstanding the  provisions  of  this  section,  the  civil  service department,  in  any  certificate  issued  pursuant to this section with respect to the employment of a person in a position classified  pursuant to  article  eight  of  this chapter, shall not be required or deemed to attest that the salary or rate of compensation indicated for such person is that to which he is eligible or entitled pursuant  to  law.  When  an extended certification has been made with respect to the employment of a person  in  such  a  position, a new certification shall not be required solely because of a change in the salary or rate of compensation of such person.   4.  Waiver  of  certification  requirement  for  certain  special   or emergency   employments.  The  president  of  the  state  civil  service commission may except from  the  application  of  this  section  persons employed  by  a  state  agency  or  public  authority  for  a period not exceeding  ten  days  to  render  special  or  emergency   service   not customarily  performed by the regular employees of such agency or public authority.   5. Limitation upon the  certification  of  payrolls.  Solely  for  the purposes of this section and in the absence of fraud, an employee having completed  the  applicable probationary period and holding a position in the classified service of a civil service  division  by  appointment  or promotion  for  at least three years shall be presumed to have been duly appointed or promoted. After such time, neither the state civil  service commission  nor  a  municipal commission shall withhold certification of  such employee on a payroll or voucher by reason of a violation  of  this chapter   or  rules  made  pursuant  thereto.  The  provisions  of  this subdivision shall not apply in cities with a population of  one  million or more.