N.Y. Civil Service Law § 35: Unclassified service

§ 35. Unclassified service. The civil service of the state and each of

its civil divisions shall be divided into the classified and

unclassified service. The unclassified service shall comprise the

following:

(a) all elective offices;

(b) all offices filled by election or appointment by the legislature

on joint ballot;

(c) all officers and employees of the state legislature, and all

officers and employees of any other legislative body whose principal

functions and duties are directly related to the performance of the

legislative functions of such body;

(d) all offices filled by appointment by the governor, either upon or

without confirmation by the senate, except officers and employees in the

executive department who are not heads of divisions therein;

(e) the head or heads of any department of the government who are

vested with authority, direction and control over a department, and who

have power and authority to appoint and remove officers and employees

therein;

(f) all members, officers and employees of boards of elections;

(g) all persons employed by any title whatsoever as members of the

teaching and supervisory staff of a school district, board of

cooperative educational services or county vocational education and

extension board, as certified to the state commission by the

commissioner of education. The commissioner of education shall prescribe

qualifications for appointment for all classes of positions so certified

by him, and shall establish specifications setting forth the

qualifications for and the nature and scope of the duties and

responsibility of such positions. The commissioner of education shall

file such qualifications for appointment and such specifications with

the civil service commission;

(h) all positions in the state university in the professional service

as defined in subdivision three of section three hundred fifty-five-a of

the education law, which positions shall be determined by the chancellor

of the state university and certified by him to the civil service

commission; provided, however, that any state university position in the

classified service which the chancellor seeks to designate as

unclassified must be approved by the civil service commission before

such change in designation;

(i) all positions in community colleges in the professional service as

defined in subdivision two of section six thousand three hundred six of

the education law, which shall include all positions on the

instructional staffs of the fashion institute of technology, the New

York city community college of applied arts and sciences, and of the

community colleges sponsored by the board of higher education in the

city of New York as respectively defined in sections two thousand five

hundred eighty-seven, six thousand two hundred six-a, and six thousand

two hundred six-b of the education law. Such positions in community

colleges other than the fashion institute of technology, the New York

city community college of applied arts and sciences, and community

colleges sponsored by the board of higher education of the city of New

York shall be determined by the board of trustees of such colleges with

the approval of the chancellor of state university, and certified by

each such board to the commission or officer which administers the civil

service law for the local sponsor of the community college administered

by such board. Each such board of trustees shall prescribe

qualifications for appointment for all classes of positions so certified

by it, and shall establish specifications setting forth the

qualifications for and the nature and scope of the duties and

responsibilities of such positions. Each such board of trustees shall

file such qualifications for appointment and such specifications with

the civil service commission and with the commission or officer to which

the certification is made;

(j) all persons, other than persons covered under paragraph (g) or

paragraph (h) or paragraph (i) of this section, whose principal

functions are teaching or the supervision of teaching in a public

school, academy or college.

(k) all positions in the professional service in the New York State

School for the Blind and the New York State School for the Deaf,

requiring the performance of educational functions, which positions

shall be determined by the commissioner of education and certified by

him to the civil service commission.