N.Y. Civil Service Law § 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.