Summary of New York State Civil Service Law

New York State

Department of Civil Service





Summary
of
New York State
Civil Service Law

Andrew M. Cuomo







Governor

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A Message from the President.

Appointments and promotions in New York State civil service are made according to
merit and fitness as mandated by the New York State Constitution. There are many laws that
contain provisions dealing with civil service matters, with the majority of them provided in the
Civil Service Law, Rules and Regulations.

This newly-revised guide summarizes important aspects of the statutory basis for our
State's merit system of public employment. It is a valuable reference tool that provides increased
access to information about the laws, rules and regulations that affect the civil service system.

I hope that you find the Summary of New York State Civil Service Law useful.

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A Note About Municipal Government

This Summary includes provisions of Civil Service Law that only apply to employment
in State government. Information regarding employment in municipal government (including
counties, cities, towns, villages, school districts and special districts) or the application of a
particular provision of Civil Service Law to municipal employment can be obtained from the
appropriate municipal civil service agency.

Each of the 101 municipal civil service agencies has adopted rules to carry into effect the
provisions of Civil Service Law. The municipal rules have the force and effect of law, and
govern many aspects of merit system administration in the municipalities. These rules should be
referred to for the specific provisions that apply to particular municipalities.


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Abbreviation Key
This Summary includes abbreviations of citations of laws, rules and regulations. Below is a key
to those abbreviations.
CSL
Civil Service Law
CSR
Classified Service Rules
CFR
Code of Federal Regulations
ML
Military Law
NYCRR
New York Codes, Rules and Regulations
POL
Public Officers Law
PR
Regulations of the Department of Civil Service
(President's Regulations)
RSSL
Retirement and Social Security Law
USC
United States Code

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Summary of New York State
Civil Service Law
Table of Contents

Page
Sources of the Law Governing Civil Service .................................... 1
Civil Service Law, Rules and Regulations .............................................. 1
Civil Service Administration .......................................................... 2
The Department and the Commission ................................................... 2
Department and Commission Jurisdiction .............................................. 3
Jurisdictional Classification ........................................................... 3
Unclassified and Classified Service ...................................................... 3
Exempt Class ................................................................................ 3
Non-Competitive Class .................................................................... 4
Labor Class .................................................................................. 4
Competitive Class .......................................................................... 5
Reclassification ............................................................................. 5
Continuation of Employment in Takeovers by the State .............................. 5
Classification and Compensation .................................................... 5
Reclassification ............................................................................. 6
Bargaining Units ............................................................................ 6
Hiring to Job Rate .......................................................................... 7
Geographic/Pay Differentials ............................................................. 7
Examinations ................................................................................ 7
Applications/Requirements ................................................................ 7
Promotion .................................................................................... 8
Open-Competitive .......................................................................... 8
Non-competitive Class Eligibility for Promotion ...................................... 8
Eligible Lists ................................................................................. 9
Duration ...................................................................................... 9
Ranking ...................................................................................... 9
“Continuing” Eligible Lists ............................................................... 9
Certification Order.......................................................................... 9
Filling Vacancies ........................................................................... 10
Combining Lists ............................................................................ 10
Certification by Locality ................................................................... 10

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Permanent Appointment ............................................................... 11
Canvass and Offer of Appointment ...................................................... 11
Failure to Respond to Canvass, Declining Appointment .............................. 11
Permanent Appointment to Competitive Position on Non-competitive Basis ..... 12
Trainee Appointments ..................................................................... 12
Seasonal Appointments .................................................................... 12
Contingent Permanent Status ............................................................. 13
Probationary Term ....................................................................... 13
Requirements ................................................................................ 13
Duration ...................................................................................... 14
Absence ...................................................................................... 14
Probationary Reports ....................................................................... 15
Termination/Resignation .................................................................. 15
Non-Permanent Appointments ....................................................... 16
Temporary ................................................................................... 16
Provisional ................................................................................... 16
Tenure Rights ............................................................................... 17
Reassignment ................................................................................ 17
Transfers ...................................................................................... 18
Conditions and Limitations ................................................................ 18
Transfer to Avert Layoffs ................................................................. 18
Geographical Areas ........................................................................ 18
Agency Functions .......................................................................... 19
Administrative Positions ................................................................... 19
Resignation and Reinstatement ...................................................... 19
Effective Date ............................................................................... 19
Incompetency or Misconduct Charges ................................................... 20
Redeployments .............................................................................. 20
Layoffs and Preferred Lists ........................................................... 21
Criteria for Having Rights ................................................................. 21
Seniority ..................................................................................... 21
Layoff Units ................................................................................. 22
“Bumping” and “Retreating” .............................................................. 22
Placement Rosters .......................................................................... 22
Preferred Lists ............................................................................... 22
Preferred List Reinstatements ............................................................. 23
Term of Eligibility .......................................................................... 23
Reemployment Rosters .................................................................... 23
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Disciplinary Proceedings ................................................................ 24
Those Subject to Provisions ............................................................... 24
Investigations ................................................................................ 25
Charges ....................................................................................... 25
Hearings ...................................................................................... 25
Suspension/Dismissal ...................................................................... 26
Appeals ....................................................................................... 26
Leave for Disability ....................................................................... 27
Length of Leave ............................................................................. 27
Medical Examinations ..................................................................... 27
Termination/Reinstatement ................................................................ 28
Veterans’ Rights ............................................................................ 28
Additional Credits for Examinations ..................................................... 28
Eligibility .................................................................................... 28
Time of War ................................................................................. 29
Use of Credits ............................................................................... 29
Preference in Retention .................................................................... 30
War Veterans and Exempt Volunteer Firefighters ..................................... 30
Military Service and Leave of Absence ................................................. 30
Entitlement to Examinations .............................................................. 31
Appointment While on Military Duty ................................................... 32
Credit Toward Probationary Requirements ............................................. 33
Age Requirements .......................................................................... 33
Leave for Education ........................................................................ 33
Political Activity ............................................................................ 33
Rules of Conduct ........................................................................... 33
Federally Funded State Agencies ......................................................... 33
Strikes .......................................................................................... 34
The Ethics Law and Outside Activities ........................................... 34
Dual Employment .......................................................................... 34
Financial Disclosure ........................................................................ 34
Additional Agency Restrictions .......................................................... 34
Certification .................................................................................. 35

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Sources of the Law Governing Civil Service

Civil Service Law, Rules and Regulations

The Civil Service Law and the Rules and Regulations promulgated there under, implement
the mandate of the State Constitution, Article V, section 6, which provides that:

"Appointments and promotions in the civil service of the State and all of the civil divisions
thereof, including cities and villages, shall be made according to merit and fitness to be ascertained,
as far as practicable, by examination which, as far as practicable, shall be competitive, ..."

Article V, section 6 also provides for additional credits in competitive examinations for
certain disabled and non-disabled veterans. Since this preference for veterans is inconsistent with the
constitutional requirement of competition, it was necessary that provision for such credits be
included in the Constitution itself.

The majority of the provisions pertaining to civil service procedures and requirements in the
State service are contained in the Civil Service Law, the Rules for the Classified Service, the
Regulations of the State Civil Service Commission (Commission's Regulations) and the Regulations
of the Department of Civil Service (President's Regulations). The Rules and Regulations implement
the Law and provide procedures for carrying out the principles expressed in the Constitution and
Law. The Rules and Regulations, of course, must be consistent with the Law.

The principal rules governing the recruitment of personnel and personnel changes, including
examinations, appointments, promotions, transfers and reinstatements, are contained in the Rules for
the Classified Service. The Rules for the Classified Service are subject to the approval of the
Governor and take effect when filed with the Department of State. These Rules apply to all
employment under the jurisdiction of the State Department of Civil Service.

The Attendance Rules for Employees in New York State Departments and Institutions,
commonly referred to simply as the Attendance Rules, govern such matters as vacation, sick leave,
holidays and other time allowances. They apply to officers and employees in the classified service in
the Executive Branch of the State government.

In addition to the Civil Service Law, Rules and Regulations, there are many other laws
containing provisions dealing with civil service matters. For example, there are provisions affecting
the employment of people in the civil service in the Public Officers Law, Public Authorities Law,
Military Law, Town Law and Village Law. Even the executive budget approved by the Legislature
each year is, in a sense, a law dealing with civil service matters. State and federal human rights and
employment laws and the Public Employees' Fair Employment Act (The Taylor Law) significantly
influence the administration of the civil service system.

Furthermore, there is a fairly large body of court decisions and Opinions of the Attorney
General and the State Comptroller dealing with civil service issues.
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Civil Service Administration


The Department and the Commission
CSL § 5.1
The authority and responsibility for administration of the Civil Service Law in New
5.2
York State government is vested in the State Department of Civil Service.
Although many in the public service make no distinction between the Department
and the State Civil Service Commission, they do have separate identities and
functions. The Commission consists of three members appointed by the Governor,
with the advice and consent of the Senate, for overlapping six year terms, with a
term expiring every two years. No more than two of the members may be of the
same political party. The President of the Commission is designated by the
Governor from among the three members and serves as President at the pleasure of
the Governor. The President of the Commission is the head of the Department.
CSL § 7
As head of the Department, the President of the Commission is responsible for
carrying out all of the duties and functions of the Department. These include, for
example, the administration of the examinations program, which encompasses the
scheduling, preparation, conduct and rating of examinations; setting minimum
qualifications; establishing the type and conduct of tests; and deciding whether to
hold an open-competitive or promotion examination in any given instance. Other
examples of the administrative functions of the Department are the establishment
and certification of eligible lists, maintenance of rosters, certification of payrolls,
provision of services to local jurisdictions, administration of the health insurance
program and all matters of internal management of the Department, including the
appointment and assignment of personnel in the Department. The President is also
responsible for the enforcement of the Rules and Regulations.
CSL § 6
The functions of the Commission may be described generally as quasi-legislative,
appellate and investigative. It might be characterized as the "watchdog" of the
merit system. The quasi-legislative function involves the promulgation of rules and
regulations, and the appellate function involves hearing and determining appeals.
These include appeals in disciplinary cases for those employees not covered by
contract, appeals from involuntary leaves of absence, appeals from examination
ratings, and appeals of any action taken by the President, acting as the head of the
Department of Civil Service. Any appeal of the President's action must be filed in
writing with the Commission within 30 days of the determination. The
Commission may make such investigation relative to the determination appealed,
as it may deem advisable, and may affirm, reverse or modify such determination.
The Commission may hold a hearing on the appeal, but is not required to do so. No
appeal is allowed if the determination of the President relates solely to matters of
internal management of the Department of Civil Service or if the determination
was approved in advance by the Commission. Also, no appeal may be taken to the
Commission from any action of the President dealing with the administration of the
health insurance program.
CSL § 6.3
The Commission also has the authority to conduct investigations concerning any
matter touching on the enforcement and effect of the Civil Service Law or Rules.
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In connection with such an investigation, the Commission or its designated
representative may issue subpoenas, administer oaths and interrogate witnesses.
The Commission has also been given the functions formerly exercised by the Merit
CSL § 145
Award Board for making merit awards for outstanding accomplishments or
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suggestions by State employees.
Department and Commission Jurisdiction
The State Department of Civil Service and the Civil Service Commission exercise
CSL § 6.1
direct jurisdiction over all employment in the classified service of the Executive
Branch of State government, except positions (uniformed and non-uniformed) in the
Division of State Police. Examinations and other civil service requirements
applicable to the State Police are administered directly by the Superintendent of
State Police. The Department and Commission also have jurisdiction over a number
of, but not all, public authorities and public benefit corporations.
Jurisdictional Classification

The "civil service" encompasses all offices and positions in the service of the
CSL § 2.5
State or any of its civil divisions, except offices and certain employees in the
Division of Military and Naval Affairs.
Unclassified and Classified Service
The civil service is divided into the unclassified and classified service. The
CSL § 35
unclassified service includes elective offices; offices filled by election or
appointment of the legislature on joint ballot; legislative officers and employees;
department heads; certain officers and employees appointed by the Governor;
officers, members and employees of boards of elections; and, the largest group,
teachers and supervisory personnel in the public schools, the State University
and certain community colleges.
All positions not in the unclassified service are in the classified service. All
CSL § 40
positions in the classified service, when created are automatically in the
competitive class until the Commission takes action to place them in the exempt,
non-competitive or labor classes. The division of positions into these classes is
called jurisdictional classification, and is based principally on the extent to which
examination is practicable.
Exempt Class
The exempt class is defined in the Civil Service Law to specifically include one
CSL § 41
secretary of each department, temporary state commission or other State officer
CSR § 2.1
authorized by law to appoint a secretary, deputies of principal executive officers
authorized by law to act generally for and in place of their principals, and certain
court clerks. The secretary of each municipal board or commission authorized by
law to appoint a secretary shall also be in the exempt class. Additionally, any other

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