N.Y. Civil Service Law § 23: Services by state department of civil service; certification of state and municipal eligible lists

§ 23. Services by state department of civil service; certification of

state and municipal eligible lists. 1. Classification services. The

state civil service department shall, without charge, upon the request

of any municipal commission, render service or technical advice and

assistance relative to the position classification and pay equity

compensation assessment of offices and employments under the

jurisdiction of such municipal commission; provided, however, that

where, in the judgment of the president, the services requested would

involve considerable expense to the state, the state civil service

department may render such services pursuant to an agreement for payment

to the state of such compensation for such services as may be agreed

upon. All money received for such services shall be paid into the state

treasury in the manner provided by law.

2. Examination services. The state civil service department, upon the

request of any such municipal commission, shall render service relative

to the announcement, review of applications, preparations, construction,

and rating of examinations, and establishment and certification of

eligible lists for positions in the classified service under the

jurisdiction of such municipal commission. The department may charge a

reasonable fee as a condition of rendering any such services. Only the

state civil service department and commission shall have jurisdiction to

correct any errors in rating in any examination prepared and rated by

such department pursuant to the provisions of this subdivision.

3. Other services. The state civil service department without charge,

upon the request of any municipal commission, shall furnish technical

advice and assistance in the preparation and promulgation of rules or

modifications thereof and in any other matters affecting the

administration of the provisions of this chapter by such municipal

commission.

4. Use of state and county eligible lists by municipal commissions. A

municipal commission, in the absence of an eligible list of its own, may

request the state civil service department, county civil service

commission or county personnel officer to furnish it with the names of

persons on an appropriate eligible list established by the department,

commission or personnel officer, which, if so requested by the municipal

commission, shall be limited to residents of the city, or town or civil

division in which appointments are to be made, or to residents of the

county or judicial district in which such city, town or civil division

is located, or to any reasonable combination of political subdivisions

both in and outside of New York state contiguous to the city or civil

division in which appointment is to be made or contiguous to the

political subdivision in which such city or civil division is located,

except for the position of director of facilities I, II, & III of a

school district located within the state which shall use the list

developed pursuant to subdivision five of section seventeen of this

chapter. Such municipal commission may certify such names for

appointment to a position under its jurisdiction in the same manner as

certifications are made from the eligible lists of such commission. If

the state civil service department, county civil service commission or

county personnel officer, upon the request of such commission, has

certified an appropriate eligible list to fill a particular position,

such list shall continue to be used until superseded by an eligible list

established by such municipal commission for such position, or until

such list expires or is exhausted or is otherwise terminated.

4-a. Residence restrictions for local positions. The state civil

service department or municipal commission having jurisdiction over

positions in a city or civil division may require that candidates for

examination for appointment to any such positions be residents of such

city or civil division, or residents of the county or judicial district

in which such city or civil division is located, or of any reasonable

combination of political subdivisions both in and outside of New York

state contiguous to such city or civil division or contiguous to the

political subdivision in which such city or civil division is located,

except for candidates for the position of director of facilities I, II,

& III of a school district located within the state. An appointing

authority of a department or agency of a city or civil division may

require that eligibles who are residents of such city or civil division

shall be certified first for appointment, except for candidates for the

position of director of facilities I, II, & III of a school district

located within the state, wherein no such residence requirements shall

apply, provided, however, no such preference shall be given on

appointments from promotion lists. Upon exhaustion of the list of such

resident eligibles, certifications shall be made from the whole eligible

list. This subdivision shall not be deemed to supersede any general or

special law pertaining to residence qualifications of local officers or

employees; provided, however, that any permanent employee who has been

suspended or demoted from a position and is on a preferred list for

reinstatement, shall not be barred from reinstatement solely on the

basis of residency requirements established subsequent to such

suspension or demotion, in the event the employee does not meet such

residence qualifications but, nonetheless, was originally properly

appointed.

4-b. Geographic certification based on need. A municipal commission

having jurisdiction over a city or civil division may provide that

eligibles, other than those eligibles on police officer and firefighter

lists, who are residents of a geographically-defined area which is a

portion of such city or civil division shall be certified first for

appointment to positions in such area where in order to qualify for

federal moneys such certification is required. Upon exhaustion of the

list of such resident eligibles, certifications shall be made from the

whole eligible list.

5. Construction. The provisions of this section shall not apply to

municipal commissions in any city containing more than one county. The

services provided for by subdivision two of this section may, in the

discretion of the civil service department, be rendered to a municipal

commission in a city containing more than one county upon the payment of

a reasonable fee to be determined by the department.