2023 New York Laws › CVS - Civil Service › Article 2 - Civil Service Administration › Title B - Organization and Functions of Municipal Civil Service Commissions › 20 - Rules.

§ 20. Rules. 1.   Scope   of   rules.  Each  municipal  civil  service
  commission  shall  prescribe,  amend  and  enforce  suitable  rules  for
  carrying  into  effect the provisions of this chapter and of section six
  of article five of the constitution of the state of New York,  including
  rules   for   the  jurisdictional  classification  of  the  offices  and
  employments in the classified service under its  jurisdiction,  for  the
  position   classification   of   such   offices   and  employments,  for
  examinations  therefor  and  for  appointments,  promotions,  transfers,
  resignations  and  reinstatements  therein,  all  in accordance with the
  provisions of this chapter. Nothing in this chapter  or  any  other  law
  shall be construed to require that positions in the competitive class be
  specifically  named or listed in such rules, or that the salary grade to
  which a position in any jurisdictional class is allocated  be  specified
  in such rules.
2.  Procedure for adoption of rules. Such rules, and any modifications
  thereof, shall be adopted only after a public hearing, notice  of  which
  has  been published for not less than three days, setting forth either a
  summary of the subject matter of the proposed rules or modifications  or
  a  statement  of  the  purpose thereof. Except for the city of New York,
  notice shall be given to any person or agency  filing  written  request,
  such  request  to  be renewed yearly in December, for notice of hearings
  which may affect such person or agency. Such notification shall be  made
  by  mail  to the last address specified by the person or agency at least
  thirty days prior to the public hearing. Unless  otherwise  provided  by
  statute,  a  fee  consisting  of the cost of handling and postage may be
  charged for  such  notice.    Notwithstanding  the  provisions  of  this
  subdivision,  however,  notice  and public hearing shall not be required
  upon the adoption or modification of a rule which is required by  reason
  of a change in any statute in order to conform the rule to such statute.
  The  rules  and  any  modifications  thereof  adopted  by a county civil
  service commission or county personnel officer or by  a  regional  civil
  service commission or regional personnel officer shall be valid and take
  effect  only  upon  approval of the state civil service commission.  The
  rules and any modifications thereof adopted  by  a  city  civil  service
  commission or city personnel officer shall be valid and take effect only
  upon  approval  of  the mayor or a deputy mayor designated in writing by
  the mayor, such designation to be filed in  the  offices  of  the  state
  civil service commission, and the municipal civil service commission, or
  city  manager or other authority, as the case may be, having the general
  power of appointment of city officers and employees, and the state civil
  service commission; provided, however,  that  where  the  mayor,  deputy
  mayor  or city manager, or other authority, as the case may be, fails to
  approve or disapprove a rule or modification thereof within thirty  days
  after  the  same  has  been  submitted to him, such rule or modification
  thereof shall be deemed to  be  approved  by  him.  The  rules  and  any
  modifications   thereof   adopted  by  a  suburban  town  civil  service
  commission in such a town described in subdivision four of  section  two
  of  this  chapter  or personnel officer of such a suburban town shall be
  valid and take effect only upon approval  of  the  state  civil  service
  commission.  Notwithstanding any other provision of this chapter, when a
  resolution  of  a municipal commission submitted to the state commission
  for approval includes a provision  proposing  the  classification  of  a
  position  in  the  exempt  class, the state commission, if it determines
  that such position should properly be classified in the  non-competitive
  class,  may  amend  such  provision,  with  the consent of the municipal
  commission, to classify such position in the non-competitive  class  and
  approve  such  resolution  as  so amended. Any such rule or modification
  thereof shall be filed with the secretary of state  within  thirty  days

  after final approval thereof by the state civil service commission. Such
  rules  shall  have  the  force  and  effect  of  law when filed with the
  secretary of state.
3.  State  civil  service  commission  to promulgate rules.   Upon the
  establishment of a municipal or regional civil  service  commission,  or
  the  office  of municipal or regional personnel officer, it shall be the
  duty of such commission or personnel officer, upon appointment, to adopt
  and procure the approval of the rules herein  provided  for,  and,  upon
  failure  to  do  so within sixty days after appointment, the state civil
  service commission shall forthwith make such rules.