Title CVS, Civil Service

§ 40. Classified service; classes of positions. The classified service\nshall comprise all offices and positions not included in the\nunclassified service. The offices and positions in the classified\nservice of the state and of its civil divisions shall be divided into\nfour cl…

§ 41. Exempt class. 1. The following offices and positions shall be in\nthe exempt class:\n (a) one secretary of each state department or division, temporary\nstate commission or other state officer authorized by law to appoint a\nsecretary;\n (b) the deputies of principal execu…

§ 42. Non-competitive class. 1. The non-competitive class shall\ninclude all positions that are not in the exempt class or the labor\nclass and for which it is found by the commission having jurisdiction to\nbe not practicable to ascertain the merit and fitness of applicants by\…

§ 43. Labor class. 1. The labor class shall comprise all unskilled\nlaborers in the service of the state and each of its civil divisions\nexcept those whose positions can be examined for competitively.\n 2. The state or municipal commission may require applicants for\nemployment…

§ 44. Competitive class. The competitive class shall include all\npositions for which it is practicable to determine the merit and fitness\nof applicants by competitive examination, and shall include all\npositions now existing or hereafter created, of whatever functions,\ndesig…

§ 45. Status of employees upon acquisition of private institution or\nenterprise by government. 1. Whenever the state or any civil division or\npublic agency shall acquire a private institution or enterprise, for the\npurpose of operating it as a public function, such civil divi…

§ 5. Department of civil service; state civil service commission. 1.\nThe department. There shall continue to be in the state government a\ndepartment of civil service. The head of the department shall be the\npresident of the state civil service commission who shall be responsi…

§ 50. Examinations generally. 1. Positions subject to competitive\nexaminations. The merit and fitness of applicants for positions which\nare classified in the competitive class shall be ascertained by such\nexaminations as may be prescribed by the state civil service department…

§ 50-a. Test validation boards. Any person who has taken a civil\nservice examination for a position in the competitive class within the\njurisdiction of the department of personnel of the city of New York\nshall have the opportunity to protest any answer or rating guide\npropos…

§ 50-c. Discrimination based upon history of cancerous condition\nprohibited. 1. Neither the state civil service department nor any\nmunicipal commission may refuse to examine an applicant or, after\nexamination, to certify an individual who has been placed on a certified\neligi…

§ 51. Filling vacancies by open competitive examination. 1. Upon the\nwritten request of the appointing officer stating his reasons therefor,\nor on its own initiative, the state civil service department or\nappropriate municipal commission may determine to conduct an open\ncomp…

§ 52. Promotion examinations. 1. Filling vacancies by promotion.\nExcept as provided in section fifty-one, vacancies in positions in the\ncompetitive class shall be filled, as far as practicable, by promotion\nfrom among persons holding competitive class positions in a lower gra…

§ 53. Noncitizen status. Except as otherwise provided by law, no\nnoncitizen lawfully admitted for permanent residence in the United\nStates shall be denied appointment to a position in the competitive\nclass of civil service for reasons of noncitizen status.\n

§ 54. Age and educational requirements. 1. Notwithstanding any\nprovision of law to the contrary, except as herein provided, neither the\nstate civil service department nor the state civil service commission,\nnor any municipal civil service commission shall prohibit, prevent,\n…

§ 55. Examination of blind or physically handicapped applicants. 1.\nNotwithstanding any provision of law to the contrary, except as herein\nprovided, neither the state civil service department nor the state civil\nservice commission nor any municipal civil service commission sh…

§ 55-a. Employment of persons with disabilities by municipalities. 1.\nMunicipal civil service commissions in the state may, by rule, determine\na prescribed number of positions, not to exceed seven hundred positions,\nwith duties which can be performed by physically or mentally…

§ 55-b. Employment of persons with disabilities by the state. 1. The\ncommission may determine up to seventeen hundred positions with duties\nsuch as can be performed by persons with a physical or mental disability\nwho are found otherwise qualified to perform satisfactorily the…

* § 55-c. Employment of veterans with disabilities by the state.\n1. The commission may determine up to five hundred positions with duties\nsuch as can be performed by disabled veterans and veterans with\ndisabilities who are found otherwise qualified to perform satisfactorily\n…

* § 55-c. Acceptability of certain high school diplomas. Whenever a\nhigh school diploma is required by the state civil service department or\na municipal commission as a minimum requirement of any competitive\nexamination, a high school individualized education plan diploma whi…

§ 56. Establishment and duration of eligible lists. 1. The duration of\nan eligible list shall be fixed at not less than one nor more than four\nyears; provided that, except for lists promulgated for police officer\npositions in jurisdictions other than the city of New York, in …

§ 57. Continuous recruitment for certain positions. Notwithstanding\nany other provisions of this chapter or any other law, the civil service\ndepartment or a municipal commission may establish a continuing eligible\nlist for any class of positions for which it finds such lists\…

§ 58. Requirements for appointment of certain police officers. 1.\nNotwithstanding any other provision of this law or any general, special\nor local law to the contrary, no person shall be eligible for\nappointment as a police officer of the department of environmental\nconserva…

§ 58-a. Requirements for provisional or permanent appointment of\ncertain fire fighters. 1. Notwithstanding any other provision of this\nlaw or any general, special or local law to the contrary, no person\nshall be eligible for provisional or permanent appointment in the\ncompet…

§ 59. Placement of county sheriffs' personnel in classified service.\n1. The legislature hereby finds that the continued, uninterrupted,\nadequate and efficient operation of the sheriff's department in counties\nin New York state outside the city of New York is necessary for the…

§ 59-a. Placement of detectives and investigators in classified\nservice. 1. The legislature hereby finds and declares that the\ncontinued, uninterrupted, adequate and efficient operation of detective\nand investigative units in local police, correction or sheriffs\ndepartments …

§ 59-b. Promotions of supervisory personnel of the emergency medical\nservice. 1. The legislature hereby finds and declares that the\ncontinued, uninterrupted, adequate and efficient operation of emergency\nmedical services is necessary for the general welfare of the people;\nth…

§ 59-c. State employment of persons and veterans with disabilities\nstudy. 1. The president shall conduct a comprehensive study analyzing\nthe effectiveness of sections fifty-five-b and fifty-five-c of this\ntitle which deals with the employment of persons and veterans with\ndis…

*§ 59-d. Public posting of employment opportunities. The department\nshall make publicly available on its website all employment\nopportunities in the civil service of the state and information on\nobtaining employment with the state, including, but not limited to,\nvacancies in…

§ 6. Powers and duties of the state civil service commission. The\nstate civil service commission shall\n 1. Prescribe and amend suitable rules and regulations for carrying\ninto effect the provisions of this chapter and of section six of article\nfive of the constitution of the…

§ 60. Certification of eligible lists. 1. Certification of eligibles\nfrom prior list. When an eligible list has been in existence for less\nthan one year and contains the names of less than three persons willing\nto accept appointment, and a new list for the same position or gr…

§ 61. Appointment and promotion. 1. Appointment or promotion from\neligible lists. Appointment or promotion from an eligible list to a\nposition in the competitive class shall be made by the selection of one\nof the three persons certified by the appropriate civil service\ncommi…

§ 62. Constitutional oath upon appointment. Every person employed by\nthe state or any of its civil divisions, except an employee in the labor\nclass, before he shall be entitled to enter upon the discharge of any of\nhis duties, shall take and file an oath or affirmation in the…

§ 63. Probationary term. 1. Every original appointment to a position\nin the competitive class and every interdepartmental promotion from a\nposition in one department or agency to a position in another department\nor agency shall be for a probationary term; provided, however, t…

§ 64. Temporary appointments. 1. Temporary appointments authorized;\nduration. A temporary appointment may be made for a period not\nexceeding three months when the need for such service is important and\nurgent. A temporary appointment may be made for a period exceeding\nthree …

§ 65. Provisional appointments. 1. Provisional appointments\nauthorized. Whenever there is no appropriate eligible list available\nfor filling a vacancy in the competitive class, the appointing officer\nmay nominate a person to the state civil service department or municipal\nco…

§ 7. Powers and duties of the president of the state civil service\ncommission. The president of the commission shall have the following\npowers and duties:\n 1. He shall be the head of the department of civil service and the\nappointing officer thereof, and shall be responsible…

§ 7-a. Commission on increasing diversity in the state government\nworkforce. 1. There is hereby established in the department an\nindependent commission on increasing diversity in the state government\nworkforce. Such commission shall not be subject to the supervision or\ncontr…

§ 70. Transfers. 1. General provisions. Except as provided in\nsubdivisions four, six and seven of this section no employee shall be\ntransferred to a position for which there is required by this chapter or\nthe rules established hereunder an examination involving essential test…

§ 71. Reinstatement after separation for disability. Where an employee\nhas been separated from the service by reason of a disability resulting\nfrom occupational injury or disease as defined in the workmen's\ncompensation law, he or she shall be entitled to a leave of absence f…

§ 72. Leave for ordinary disability. 1. When in the judgment of an\nappointing authority an employee is unable to perform the duties of such\nemployee's position by reason of a disability, other than a disability\nresulting from occupational injury or disease as defined in the w…

§ 73. Separation for ordinary disability; reinstatement. When an\nemployee has been continuously absent from and unable to perform the\nduties of his position for one year or more by reason of a disability,\nother than a disability resulting from occupational injury or disease a…

§ 75. Removal and other disciplinary action. 1. Removal and other\ndisciplinary action. A person described in paragraph (a) or paragraph\n(b), or paragraph (c), or paragraph (d), or paragraph (e) of this\nsubdivision shall not be removed or otherwise subjected to any\ndisciplina…

§ 75-a. Civil service proceeding; commencement upon alleged violation\nof certain provisions of the labor law relating to police officers. 1.\nAny police officer alleging a violation of section two hundred fifteen-a\nof the labor law may institute a proceeding pursuant to the pr…

§ 75-b. Retaliatory action by public employers. 1. For the purposes of\nthis section the term:\n (a) "Public employer" or "employer" shall mean (i) the state of New\nYork, (ii) a county, city, town, village or any other political\nsubdivision or civil division of the state, (iii…

§ 76. Appeals from determinations in disciplinary proceedings. 1.\nAppeals. Any officer or employee believing himself aggrieved by a\npenalty or punishment of demotion in or dismissal from the service, or\nsuspension without pay, or a fine, or an official reprimand,\nunaccompani…

§ 77. Compensation of officers and employees reinstated by court\norder. Any officer or employee who is removed from a position in the\nservice of the state or of any civil division thereof in violation of\nthe provisions of this chapter, and who thereafter is restored to such\n…

§ 78. Transfer of personnel upon the abolition of positions in state\ncivil service. 1. Where necessitated by reasons of economy, efficiency,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, employees may be transferred, without further examinat…

§ 79. Establishment of redeployment lists in the state service;\ngeneral provisions. 1. Primarily redeployment. a. Where, and to the\nextent that, an agreement between the state and an employee organization\nentered into pursuant to article fourteen of this chapter so provides,\…

§ 8. Offices of department; rooms and accommodations. The principal\noffice of the department shall be in the city of Albany. It shall be the\nduty of the officers of the state of New York or of any civil division\nthereof, at any place where examinations are directed to be held…

§ 80. Suspension or demotion upon the abolition or reduction of\npositions. 1. Suspension or demotion. Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive, noncompetitive or labor class\nare a…