2023 New York Laws › CVS - Civil Service › Article 2 - Civil Service Administration › Title B - Organization and Functions of Municipal Civil Service Commissions › 23 - Services by State Department of Civil Service; Certification of State and Municipal Eligible Lists.

§ 23. Services  by state department of civil service; certification of
  state and municipal eligible  lists.  1.  Classification  services.  The
  state  civil  service department shall, without charge, upon the request
  of any municipal commission, render  service  or  technical  advice  and
  assistance  relative  to  the  position  classification  and  pay equity
  compensation  assessment  of   offices   and   employments   under   the
  jurisdiction  of  such  municipal  commission;  provided,  however, that
  where, in the judgment of the president, the  services  requested  would
  involve  considerable  expense  to  the  state,  the state civil service
  department may render such services pursuant to an agreement for payment
  to the state of such compensation for such services  as  may  be  agreed
  upon.  All money received for such services shall be paid into the state
  treasury in the manner provided by law.
2. Examination services. The state civil service department, upon  the
  request  of any such municipal commission, shall render service relative
  to the announcement, review of applications, preparations, construction,
  and rating of  examinations,  and  establishment  and  certification  of
  eligible  lists  for  positions  in  the  classified  service  under the
  jurisdiction of such municipal commission. The department may  charge  a
  reasonable  fee  as a condition of rendering any such services. Only the
  state civil service department and commission shall have jurisdiction to
  correct any errors in rating in any examination prepared  and  rated  by
  such department pursuant to the provisions of this subdivision.
3.  Other services. The state civil service department without charge,
  upon the request of any municipal commission,  shall  furnish  technical
  advice  and  assistance  in the preparation and promulgation of rules or
  modifications  thereof  and  in  any   other   matters   affecting   the
  administration  of  the  provisions  of  this  chapter by such municipal
  commission.
4. Use of state and county eligible lists by municipal commissions.  A
  municipal commission, in the absence of an eligible list of its own, may
  request  the  state  civil  service  department,  county  civil  service
  commission or county personnel officer to furnish it with the  names  of
  persons  on  an appropriate eligible list established by the department,
  commission or personnel officer, which, if so requested by the municipal
  commission, shall be limited to residents of the city, or town or  civil
  division  in  which  appointments are to be made, or to residents of the
  county or judicial district in which such city, town or  civil  division
  is  located,  or to any reasonable combination of political subdivisions
  both in and outside of New York state contiguous to the  city  or  civil
  division  in  which  appointment  is  to  be  made  or contiguous to the
  political subdivision in which such city or civil division  is  located,
  except  for  the  position  of  director of facilities I, II, & III of a
  school district located within  the  state  which  shall  use  the  list
  developed  pursuant  to  subdivision  five  of section seventeen of this
  chapter.  Such  municipal  commission  may  certify   such   names   for
  appointment  to  a position under its jurisdiction in the same manner as
  certifications are made from the eligible lists of such  commission.  If
  the  state  civil service department, county civil service commission or
  county personnel officer, upon  the  request  of  such  commission,  has
  certified  an  appropriate  eligible list to fill a particular position,
  such list shall continue to be used until superseded by an eligible list
  established by such municipal commission for  such  position,  or  until
  such list expires or is exhausted or is otherwise terminated.
4-a.  Residence  restrictions  for  local  positions.  The state civil
  service department or  municipal  commission  having  jurisdiction  over
  positions  in  a  city or civil division may require that candidates for
  examination for appointment to any such positions be residents  of  such

  city  or civil division, or residents of the county or judicial district
  in which such city or civil division is located, or  of  any  reasonable
  combination  of  political  subdivisions both in and outside of New York
  state  contiguous  to  such  city or civil division or contiguous to the
  political subdivision in which such city or civil division  is  located,
  except  for candidates for the position of director of facilities I, II,
  & III of a school district  located  within  the  state.  An  appointing
  authority  of  a  department  or  agency of a city or civil division may
  require that eligibles who are residents of such city or civil  division
  shall  be certified first for appointment, except for candidates for the
  position of director of facilities I, II, & III  of  a  school  district
  located  within  the state, wherein no such residence requirements shall
  apply,  provided,  however,  no  such  preference  shall  be  given   on
  appointments  from  promotion lists. Upon exhaustion of the list of such
  resident eligibles, certifications shall be made from the whole eligible
  list.  This subdivision shall not be deemed to supersede any general  or
  special  law pertaining to residence qualifications of local officers or
  employees; provided, however, that any permanent employee who  has  been
  suspended  or  demoted  from  a  position and is on a preferred list for
  reinstatement, shall not be barred  from  reinstatement  solely  on  the
  basis   of   residency   requirements  established  subsequent  to  such
  suspension or demotion, in the event the employee  does  not  meet  such
  residence  qualifications  but,  nonetheless,  was  originally  properly
  appointed.
4-b. Geographic certification based on need.  A  municipal  commission
  having  jurisdiction  over  a  city  or  civil division may provide that
  eligibles, other than those eligibles on police officer and  firefighter
  lists,  who  are  residents  of a geographically-defined area which is a
  portion of such city or civil division  shall  be  certified  first  for
  appointment  to  positions  in  such  area where in order to qualify for
  federal moneys such certification is required. Upon  exhaustion  of  the
  list  of  such resident eligibles, certifications shall be made from the
  whole eligible list.
5. Construction. The provisions of this section  shall  not  apply  to
  municipal  commissions  in any city containing more than one county. The
  services provided for by subdivision two of this  section  may,  in  the
  discretion  of  the civil service department, be rendered to a municipal
  commission in a city containing more than one county upon the payment of
  a reasonable fee to be determined by the department.