N.Y. State Finance Law § 44: Appropriations for personal service; general

§ 44. Appropriations for personal service; general. 1. The salary or

compensation of any officer or employee, when not prescribed by law, for

which an appropriation is made or for which an allocation has been

approved pursuant to law by the director of the budget, may be fixed by

the department, official or officials appointing such officer or

employee subject to the approval of the director of the budget and at an

amount less than but not greater than the amount so appropriated or

allocated for the salary or compensation of such officer or employee;

and when any appropriation is made or allocation approved pursuant to

law by the director of the budget for compensation at a per diem rate

for a stated number of days, the department, official or officials

employing such employee shall have the authority to employ in the

position the number of employees for whom compensation is provided in

the appropriation or allocation, calculating one employee for each three

hundred days, the provisions of any general or special statute to the

contrary notwithstanding.

No appropriation or allocation shall be available for the salary or

compensation of any regular officer or employee whose employment or

office is not specified in the act containing the appropriation or in

the allocation approved by the director of the budget unless his

appointment or employment is expressly authorized.

2. Any appropriations for salary, compensation or expenses shall be

the salary, compensation or expenses for one year of the officer,

employee, office, board, department, commission or bureau for whom or

which the same is appropriated, notwithstanding existing provisions of

any other statute fixing the annual salary, compensation or expenses of

such officer or employee or the expenses of such office, board,

department, commission or bureau at a different amount.

3. In identifying and connecting any officer or employee, other than a

legislative or judicial officer or employee, with his office or

position, for the purposes of this section, the state comptroller, the

state civil service commission and the heads of departments shall be

governed by a certificate of identification certified to them by the

director of the budget, and such certificate shall have the force and

effect of law for such purposes.

4. When in any act an appropriation is made for personal service and

is accompanied by a schedule showing positions and salaries, no part of

such appropriation shall be expended for a purpose or position not

enumerated in such schedule nor shall any schedule item be exceeded;

provided, however, that upon the approval of the director of the budget

and the state civil service commission where the position involved is in

the classified civil service, and of the director of the budget where

the position involved is in the unclassified civil service, a part of

any such appropriation may be expended for a position in the same

occupational field or service, carrying a title, grade and salary lower

than the position for which the appropriation is made, the provisions of

any general or special statute to the contrary notwithstanding. Except

as otherwise provided in this subdivision, the amount shown in any such

schedule for salary or compensation shall be the salary or compensation

for one year of the officer or employee for whom the same is scheduled,

notwithstanding existing provisions of any other statute fixing the

annual salary or compensation of such officer or employee at a different

amount; provided, however, that the provisions of this subdivision shall

not be construed to prohibit the addition to the salary or compensation

of any state officer or employee, pursuant to subdivision eight of this

section, of an annual increment or other salary increase, which is

otherwise effective on the first day of a fiscal year, at the beginning

of the bi-weekly payroll period the first day of which is nearest to the

first day of such fiscal year.

5. The amount shown in any schedule for salary or compensation, or for

maintenance and operation shall be the salary or compensation, or the

amount available for expenses of maintenance and operation, for the

period fixed in such schedule, of the officer or employee, office,

board, department, commission or bureau for whom or which the same is

scheduled.

6. No position, contained in a schedule of positions in an

appropriation act or in an approved segregation of a lump sum

appropriation pursuant to this chapter, shall, during the period for

which funds are appropriated or segregated for such position, be

transferred from the organizational unit in which such position appears

in such schedule or segregation except upon request of the head of a

department or other state agency and approval by the director of the

budget. When approved by the director of the budget, he shall issue a

certificate to the head of the department or other state agency in which

the position exists and to the state comptroller authorizing the

transfer of the position and the appropriation made therefor. Copies of

such certificate shall be filed with the senate finance committee, the

assembly ways and means committee and the state civil service

commission.

7. When food, lodging or other maintenance is allowed to any state

employee or other person, the director of the budget may, in his

discretion, require a charge therefor at rates established by him.

8. Notwithstanding any other provisions of this chapter or of any

other law, when any officer or employee of the state whose compensation

is payable in accordance with section six of this chapter is granted an

increment or increase in salary or compensation pursuant to statute or

pursuant to budgetary appropriation or as a result of reclassification

or reallocation, which increment or increase is otherwise effective on

the first day of a fiscal year, such increment or increase shall be

added to the salary or compensation of such officer or employee at the

beginning of that payroll period the first day of which is nearest to

the first day of the fiscal year; provided, however, that for the

purposes of determining the salary of such officer or employee upon

reclassification, reallocation, appointment, promotion, transfer,

demotion, reinstatement or other change of status, such increment or

increase shall be deemed to be effective on the first day of the fiscal

year, and the payment thereof, pursuant to this subdivision, on a date

prior to the first day of any fiscal year, instead of on the first day

of such fiscal year, shall not operate to confer any additional salary

or increment rights or benefits upon any officer or employee. If the

first day of the fiscal year is exactly midway between the two nearest

first days of payroll periods, the earlier of such two nearest first

days of payroll periods shall be deemed to be nearer to the first day of

the fiscal year.