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 the exempt class: (a) one secretary of each state department or division, temporary state commission or other state officer authorized by law to appoint a secretary; (b) the deputies of principal executive of…

§ 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 laborers in the service of the state and each of its civil divisions except those whose positions can be examined for competitively. 2. The state or municipal commission may require applicants for employment in t…

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

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

§ 5. Department of civil service; state civil service commission. 1. The department. There shall continue to be in the state government a department of civil service. The head of the department shall be the president of the state civil service commission who shall be responsible…

§ 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 service examination for a position in the competitive class within the jurisdiction of the department of personnel of the city of New York shall have the opportunity to protest any answer or rating guide proposed b…

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

§ 51. Filling vacancies by open competitive examination. 1. Upon the written request of the appointing officer stating his reasons therefor, or on its own initiative, the state civil service department or appropriate municipal commission may determine to conduct an open competit…

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

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

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

§ 55. Examination of blind or physically handicapped applicants. 1. Notwithstanding any provision of law to the contrary, except as herein provided, neither the state civil service department nor the state civil service commission nor any municipal civil service commission shall…

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

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

* § 55-c. Employment of veterans with disabilities by the state. 1. The commission may determine up to five hundred positions with duties such as can be performed by disabled veterans and veterans with disabilities who are found otherwise qualified to perform satisfactorily the …

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

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

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

§ 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 certain fire fighters. 1. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitiv…

§ 59. Placement of county sheriffs' personnel in classified service. 1. The legislature hereby finds that the continued, uninterrupted, adequate and efficient operation of the sheriff's department in counties in New York state outside the city of New York is necessary for the ge…

§ 59-a. Placement of detectives and investigators in classified service. 1. The legislature hereby finds and declares that the continued, uninterrupted, adequate and efficient operation of detective and investigative units in local police, correction or sheriffs departments is n…

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

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

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

§ 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 stat…

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

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

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

§ 63. Probationary term. 1. Every original appointment to a position in the competitive class and every interdepartmental promotion from a position in one department or agency to a position in another department or agency shall be for a probationary term; provided, however, that…

§ 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 commission. The president of the commission shall have the following powers and duties: 1. He shall be the head of the department of civil service and the appointing officer thereof, and shall be responsible for …

§ 7-a. Commission on increasing diversity in the state government workforce. 1. There is hereby established in the department an independent commission on increasing diversity in the state government workforce. Such commission shall not be subject to the supervision or control o…

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

§ 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 appointing authority an employee is unable to perform the duties of such employee's position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the work…

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

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

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

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

§ 76. Appeals from determinations in disciplinary proceedings. 1. Appeals. Any officer or employee believing himself aggrieved by a penalty or punishment of demotion in or dismissal from the service, or suspension without pay, or a fine, or an official reprimand, unaccompanied b…

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

§ 78. Transfer of personnel upon the abolition of positions in state civil service. 1. Where necessitated by reasons of economy, efficiency, consolidation or abolition of functions, curtailment of activities or otherwise, employees may be transferred, without further examination…

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

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

§ 80. Suspension or demotion upon the abolition or reduction of positions. 1. Suspension or demotion. Where, because of economy, consolidation or abolition of functions, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are aboli…