N.Y. Civil Service Law § 6: Powers and duties of the state civil service commission

§ 6. Powers and duties of the state civil service commission. The

state civil service commission shall

1. Prescribe and amend suitable rules and regulations 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 (a) rules

for the jurisdictional classification of offices and positions in the

classified service of the state; (b) rules for examinations,

appointments, promotions, transfers, leaves of absence, resignations and

reinstatements, and the keeping, reporting and reviewing of performance

ratings of employees in the classified service of the state and civil

divisions for which the provisions of this chapter are administered by

the state civil service department; (c) rules for sick leaves,

vacations, time allowances and other conditions of employment in the

classified service of the state and, notwithstanding any other provision

of this chapter or any other law, such rules may provide for cash

payment of the monetary value of accumulated and unused vacation or time

allowances granted in lieu of overtime compensation standing to the

credit of an employee at the time of his or her separation from service

or his or her entrance into the armed forces of the United States for

active duty (other than for training) as defined by title ten of the

United States code, whether or not such entrance constitutes a

separation from service, and for the payment of the monetary value of

his or her accumulated and unused time allowances granted in lieu of

overtime compensation standing to the credit of an employee at the time

of his or her appointment, promotion or transfer from the department or

agency in which such time allowances were earned to another department

or agency and provided further however that any such rules or

regulations shall provide that individuals certified by an examining

physician as benefiting from the use of a service animal in performing

major life activities, individuals registered with the New York state

commission for the blind as legally blind or certified by an examining

physician or licensed optometrist as legally blind, as manifested by

visual acuity of 20/200 or less in the better eye with best correction

or visual field of 20 degrees or less, and individuals who are deaf or

hard of hearing manifested by a speech discrimination score of forty

percent or less in the better ear with appropriate correction as

certified by an examining physician or a licensed audiologist or

otorhinolaryngologist as defined in section seven hundred eighty-nine of

the general business law, or a physician who has examined such person

pursuant to the provisions of section seven hundred ninety-two of such

law, may charge against accumulated sick leave credits and upon written

agreement between the individual and the employer, may borrow against

sick leave credits not yet accumulated, for the purpose of obtaining

service animals or guide dogs and necessary training, up to a maximum of

twenty-six days in any one calendar year; and (d) rules for the position

classification and jurisdictional classification of offices and

employees in civil divisions for which the provisions of this chapter

are administered by the state civil service department.

Such rules and any modification thereof shall take effect when

approved by the governor and filed in the office of the department of

state, and shall have the force and effect of law;

2. Keep minutes of its own proceedings and records of its other

official actions;

3. Make investigations concerning all matters touching upon the

enforcement and effect of the provisions of this chapter and the rules

and regulations established thereunder and concerning the action of any

person in respect to the administration of this chapter. In the course

of such investigations each member and any officer or employee

previously designated in writing by the commission to conduct

investigations or hearings in its behalf shall have power to administer

oaths. A record of such written designation shall be kept on file in the

office of such commission;

4. Have power to subpoena and require the attendance in this state of

witnesses and the production of books and papers pertinent to the

investigation and inquiries hereby authorized and to examine them and

such public records as it shall require relating to any such matter. For

the purposes of such examination, the commission possesses all the

powers conferred by the legislative law upon a committee of the

legislature or by the civil practice law and rules, upon a board or

committee. A subpoena issued under this section shall be regulated by

the civil practice law and rules. Said commission and any officer or

employee previously designated in writing by it to act in its behalf may

invoke the power of any court of record in the state to compel witnesses

to attend, testify and produce books and papers;

5. Hear and determine appeals instituted by any person believing

himself aggrieved by any action or determination of the president of the

commission acting as the head of the department, made under the

authority conferred upon such president or department under the

provisions of this chapter except article eleven hereof; provided,

however, that no such appeal shall be allowed (a) if the action or

determination involved relates solely to matters of internal management

of the department, or (b) if the action or determination involved was

considered and approved in advance by the commission. The appeals

authorized by this subdivision shall be instituted by applications in

writing to the commission within thirty days of the action or

determination to be reviewed. The commission, for good cause shown, may

waive such thirty-day limitation. The commission may make such

investigation or inquiry into the facts relative to the action or

determination appealed from as may be deemed advisable and may affirm,

reverse or modify such action or determination;

6. Make determinations of all appeals filed with the state commission

pursuant to the provisions of section one hundred twenty of this

chapter;

6-a. Submit a report on or before January thirty-first of each year,

to the governor and the legislature which shall include, but not be

limited to, information detailing the total number of appeals received

from determinations made based upon written and oral examinations,

performance tests and ratings of training and experience, during the

preceding twelve months, and the final disposition or dispositions of

each appeal.

7. Meet in Albany at least once in each calendar month, except the

month of August, and hold such other meetings at such places within the

state as the needs of the public service may require. A majority of the

members of the commission shall constitute a quorum.