N.Y. Civil Service Law § 16: Change of form of administration

§ 16. Change of form of administration. 1. Election to change form of

administration. (a) Counties. The board of supervisors of any county,

other than a county wholly included within a city, may at any time and

from time to time, authorize the withdrawal of the county from its then

existing form of administration and elect that the provisions of this

chapter be administered in such county under one of the other forms of

administration authorized by section fifteen of this chapter.

(b) Cities; certain suburban towns. The common council or other

legislative body of a city, other than a city containing more than one

county, or the town board of a suburban town described in subdivision

four of section two of this chapter, may, at any time and from time to

time, authorize the withdrawal of the city or the said suburban town, as

the case may be from its then existing form of administration and elect

that the provisions of this chapter be administered in such city or said

suburban town under one of the other forms of administration authorized

by section fifteen of this chapter, or under the jurisdiction of the

civil service commission or personnel officer of the county in which

such city or said suburban town is located. Such election may be made by

a suburban town by adopting a local law establishing a department of

civil service. This section shall apply to local laws of suburban towns

establishing a department of civil service adopted prior to January 1,

1970, provided, however, such local laws did not become effective prior

to January 1, 1970.

(c) Cities and counties under the jurisdiction of a regional civil

service commission or regional personnel officer. The cities and

counties under the jurisdiction of a regional civil service commission

may, at any time and from time to time, elect, by written agreement duly

approved by the respective governing board or body of each such city and

county, to adopt a regional personnel officer form of administration.

The cities and counties under the jurisdiction of a regional personnel

officer may, in like manner, elect to adopt a regional civil service

commission form of administration.

2. Effective date of election. (a) Except as herein otherwise

provided, the effective date of any change of form of administration

authorized pursuant to the provisions of this section shall be fixed by

the governing board or body of a city or suburban town described in

subdivision four of section two of this chapter, or county, as the case

may be, or in the agreement for the establishment of a regional civil

service commission or the office of regional personnel officer, but

shall not be less than one year from the time of such election or less

than two years from the effective date of the last preceding change of

form of administration, whichever is the longer period. Any such

election for a change of form of civil service administration may be

revoked at any time within six months after the date of such election.

The effective date of such change may be postponed once at any time

within six months after the date on which such election is made;

provided, however, that where the effective date of such change is

postponed, the new effective date of such change shall be one year from

the date on which such postponement is authorized, but not earlier than

two years from the effective date of the last preceding change of form

of administration.

(b) In the case of a city the charter of which becomes operative on or

after the effective date of this act, unless otherwise provided in such

charter the common council or other legislative body thereof may elect

to adopt one of the optional forms of civil service administration

provided in section fifteen of this chapter within sixty days after the

effective date of its charter and such election shall become effective

immediately.

(c) If, after a city or suburban town described in subdivision four of

section two of this chapter has elected that the provisions of this

chapter shall be administered in such city or such suburban town under

the jurisdiction of the civil service commission or personnel officer of

the county, such county elects to change its form of civil service

administration, such city or such suburban town may, within six months

after such election by the county, elect to adopt one of the other forms

of civil service administration provided in section fifteen of this

chapter, which shall become effective on the date on which the change of

form of administration of such county becomes effective.

(d) Where a city or county under the jurisdiction of a regional civil

service commission or regional personnel officer elects to withdraw

therefrom and adopt one of the other optional forms of civil service

administration provided in section fifteen of this chapter, the

remaining cities or counties under the jurisdiction of such regional

commission or regional personnel officer, if there be at least two, may,

within six months after such election, by a new written agreement or

modification of the original agreement duly approved by the governing

board or body of each such city and county, continue such regional civil

service commission or the office of regional personnel officer. In the

event such regional civil service commission or the office of personnel

officer is not so continued, it shall be dissolved on the effective date

of the withdrawal of a city or county therefrom, and the counties and

cities participating therein may, prior to such dissolution, elect to

adopt one of the other forms of civil service administration provided in

section fifteen of this chapter, which shall become effective upon the

dissolution of such regional civil service commission or office of

regional personnel officer. Upon the dissolution of a regional civil

service commission or the office of regional personnel officer, the

provisions of this chapter shall be administered in any city or county

participating therein which has not so elected to adopt one of the other

forms of civil service administration provided in section fifteen, under

the form of civil service administration in effect in such city or

county immediately preceding its election to come under the jurisdiction

of such regional civil service commission or regional personnel officer.

(e). A suburban town as described in subdivision four of section two

of this chapter, electing to initiate its own civil service

administration for the first time may appoint its administration

immediately upon making an election pursuant to section sixteen (b) and

such administration shall assume jurisdiction upon the transfer of

eligible lists, records, documents and files to it which transfer shall

be completed within six months of the appointment of the administration

hereunder.

3. Notice and public hearing. A public hearing shall be held after

reasonable notice, before any action may be taken by the governing board

or body of a city or suburban town, as specified above or county to

elect a change of form of civil service administration for such city or

suburban town, as specified above or county, as the case may be, or to

revoke such election or postpone the effective date of such election.