N.Y. Civil Service Law § 15: Optional forms of local civil service administration

§ 15. Optional forms of local civil service administration. 1.

Optional forms of administration. There shall be the following forms of

local civil service administration for the purpose of administering the

provisions of this chapter in counties, including civil divisions

therein, in certain suburban towns, and in cities in the state:

(a) Municipal civil service commissions. A municipal civil service

commission shall consist of three persons, not more than two of whom

shall at any time be adherents of the same political party. The members

of a county civil service commission shall be appointed by the board of

supervisors, except that in a county having a county executive the

members of the commission shall be appointed by the county executive

with the advice and consent of the board of supervisors. The members of

a suburban town civil service commission in such a town described in

subdivision four of section two of this chapter shall be appointed by

the town board of such town. The members of a city civil service

commission shall be appointed by the mayor, city manager, or other

authority, as the case may be, having the general power of appointment

of city officers and employees. Of the members first appointed upon the

establishment or re-establishment of a municipal civil service

commission, the term of one shall expire on May thirty-first of the

first even-numbered year following the date of appointment; the term of

one shall expire on May thirty-first of the second even-numbered year

following the date of appointment; and the term of one shall expire on

May thirty-first of the third even-numbered year following the date of

appointment. Upon the expiration of each of such terms, the term of

office of each commissioner thereafter appointed shall be six years from

the first day of June in the year in which the term of his predecessor

expired. If the office of any such commissioner shall become vacant by

death, resignation or otherwise, his successor shall be appointed as

herein provided for the unexpired term.

(b) Personnel officers. The personnel officer of a county shall be

appointed by the board of supervisors or, in a county having a county

executive, by the county executive with the advice and consent of the

board of supervisors. The personnel officer of a suburban town described

in subdivision four of section two of this chapter shall be appointed by

the town board of such town. The personnel officer of a city shall be

appointed by the mayor, city manager, or other authority, as the case

may be, having the general power of appointment of city officers and

employees. The term of office of a personnel officer shall be six years.

A personnel officer shall have all the powers and duties of a municipal

civil service commission.

(d) Administration by regional civil service commission or regional

personnel officer. Any two or more adjoining counties, or any two or

more cities in the same or adjoining counties, or any combination of

such counties and cities, by written agreement duly approved by the

governing board or body of each county or city participating, may

establish a regional civil service commission or the office of regional

personnel officer. (1) The agreement to establish such a commission

shall provide for the manner of selection, appointment and removal of

three regional civil service commissioners; provided, however, that no

member of such regional commission shall be removed except for cause and

after a public hearing. Not more than two members of such regional

commission shall at the same time be adherents of the same political

party. Of the commissioners first appointed, the term of one shall

expire on May thirty-first of the first even-numbered year following the

date of appointment; the term of one shall expire on May thirty-first of

the second even-numbered year following the date of appointment; and the

term of one shall expire on May thirty-first of the third even-numbered

year following the date of appointment. Upon the expiration of each of

such terms, the term of office of the commissioner thereafter appointed

shall be six years from the first day of June in the year in which the

term of his predecessor expired. If the office of any such commissioner

shall become vacant by death, resignation, or otherwise, his successor

shall be appointed for the unexpired term in the manner provided in such

agreement. (2) The agreement to establish the office of regional

personnel officer shall provide for the manner of selection, appointment

and removal of a regional personnel officer; provided, however, that the

term of office of such personnel officer shall be six years, and

provided further that no regional personnel officer shall be removed

except for cause and after a public hearing. (3) Such agreement shall

provide for the location of the principal office of the regional civil

service commission or regional personnel officer, the employment and

status of personnel, the audit and payment of salaries and expenses, the

apportionment of costs among participating counties and cities, and such

other matters as may be necessary or appropriate. (4) A regional civil

service commisison or regional personnel officer shall have all the

powers and duties of a municipal civil service commission, and shall

administer the provisions of this chapter in the cities and counties,

including civil divisions therein, which join in the establishment of

the regional civil service agency. (5) Upon the establishment of a

regional civil service commission or the office of regional personnel

officer, the municipal civil service commission or office of personnel

officer, as the case may be, in each of the counties and cities

participating shall cease to exist, and all the rights, duties,

obligations and functions thereof shall be transferred to and imposed

upon such regional civil service commission or regional personnel

officer. (6) The written agreement establishing a regional civil service

commission or the office of regional personnel officer may be amended

from time to time as necessary and for the purpose of admitting

additional cities or counties, upon approval of the governing board or

body of each of the cities and counties participating in such agreement.

2. Appointment by state commission. If, for any reason, the members of

a municipal or regional civil service commission or a city, suburban

town, county or regional personnel officer are not appointed within

sixty days after the establishment of a municipal or regional civil

service commission or office of city, suburban town, county or regional

personnel officer, the state civil service commission shall make such

appointments for the respective terms provided for herein and until the

successors of such appointees are appointed and qualify. If, for any

reason, the duly authorized appointing authority of a municipal or

regional civil service commission or a city, suburban town, county or

regional personnel officer within sixty days after it has the power to

appoint fails to appoint a municipal or regional civil service

commissioner or a city, suburban town, county or regional personnel

officer, the state civil service commission may appoint to such offices

for the respective terms provided for herein, and until the successors

are appointed and qualify.

3. Continuation of present forms of administration. The forms of civil

service administration in effect and operation in the several cities and

counties in this state on the effective date of this act are hereby

continued.

4. Form of administration in a city wholly including within its limits

two or more counties. The provisions of this chapter shall be

administered in a city wholly including within its limits two or more

counties under the form of administration prescribed in the charter of

such city.

5. Form of administration in any county wholly included within a city.

The provisions of this chapter shall be administered in and for all

county offices and agencies in each county in the state wholly included

within a city by and under the municipal civil service commission and

department of personnel of such city, except such offices and agencies

as are subject to the supervision of the administrative board of the

judicial conference.