2023 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.