2023 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.