1. CIVIL SERVICE 101

2. Today’s Objectives Brief history of Civil Service in New York State;
Objectives of Civil Service;
Structure of Civil Service in NYS; and
Civil Service Law and Local Rules and how they affect your work.

3. “Appointments and promotions…shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive;”.

4. NYS Constitution

5. Civil Service In New York State
1883-Assemblyman Theodore Roosevelt Introduced Legislation
Governor Grover Cleveland Signs Into Law The Same Year

6. “Appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness …”

7. Objectives of Civil Service
Selection Based on Merit
Fair & Open Competition
Career System

8. Structure of Civil Service
New York State Civil
Service Commission
3 MEMBERS - APPOINTED BY GOVERNOR
President and two additional Commissioners. No more than two members of the Commission shall be from the same political party.

9. Structure of Civil Service
What does the State Commission (SCSC) do – In part, the SCSC:
Acts on State and Local Rules;
Conducts reviews of municipal administration;
Ensures proper administration.

10. Local Civil Service Department
What do we do for you?

11. We provide… Position Classification; Examinations;
Technical Advice and Assistance.

12. Municipal Civil Service
STRUCTURE
CIVIL SERVICE COMMISSION OR
PERSONNEL OFFICER

13. Where does the. Personnel Officer/Civil. Service Commission
Where does the Personnel Officer/Civil Service Commission derive their power?

14. Civil Service Law
NYS Constitution

15. Civil Service Law Section15
PROVIDES FOR OPTIONAL FORMS OF
LOCAL CIVIL SERVICE ADMINISTRATION FOR THE PURPOSE OF ADMINISTERING THE PROVISIONS OF THE CIVIL SERVICE LAW AND CIVIL SERVICE RULES.
OPTIONS:
CIVIL SERVICE COMMISSION; OR
PERSONNEL OFFICER.

16. Municipal Civil Service
JURISDICTION
COUNTY
TOWNS
VILLAGES
SCHOOL DISTRICTS
SPECIAL DISTRICTS
CITIES

17. New York State Civil Service Law
Civil Service Administration
Jurisdictional Classification
Recruitment of Personnel
Personnel Changes
Enforcement

18. Civil Service Rules
Civil Service Law
NYS Constitution

19. Municipal Civil Service Rules
Adopted by Municipal CSC or PO
Have Force and Effect of Law

20. Municipal Civil Service Rules
Position Classification
Jurisdictional Classification
Recruitment
Appointments
Promotions
Probationary Term
Transfers
Layoff
Reinstatements

21. What is position classification?
Position classification groups together positions that are sufficiently similar with respect to duties and responsibilities so that they be treated the same for the purposes of title, minimum qualifications, rate of pay, selection method, as well as other personnel processes. In the simplest terms, the objective of position classification is to identify the duties and responsibilities of each position in the organization, and based on their similarities and differences assign each to a “class.”

22. Key Points 1) Classified BEFORE Creation
2) Created ONLY With Title Certified
3) Commission has SOLE Authority

23. Roles STRUCTURE POSITION APPOINTING AUTHORITY CERTIFY TITLE
CIVIL SERVICE
CREATE POSITION
GOVERNING BODY/CIVIL SERVICE

24. Jurisdictional Classification: What is it and who is responsible?

25. Jurisdictional Classification
DEFINITION
ASSIGNING POSITIONS TO THE COMPETIVE, NON-COMPETITIVE, EXEMPT, OR LABOR CLASS; OR
TO THE UNCLASSIFIED SERVICE

26. Civil Service Classified Service Unclassified Service Competitive
Non-Competitive
Labor
Exempt
Unclassified

27. State Civil Service Commission
APPROVAL FROM THE STATE CIVIL SERVICE COMMISSION IS REQUIRED TO REMOVE A POSITION FROM THE COMPETITIVE CLASS
THE REQUESTING AGENCY MUST DEMONSTRATE THAT COMPETITIVE EXAMINATION IS NOT PRACTICABLE

28. Competitive
POSITIONS FOR WHICH IT IS PRACTICABLE TO DETERMINE MERIT AND FITNESS OF APPLICANTS BY COMPETITIVE EXAMINATION (CSL § 44)
ALL POSITIONS PRESUMED TO BE IN THE COMPETITIVE CLASS WHEN CREATED

29. “Appointments and promotions…shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive;”.

30. Competitive Recruitment
Examination Announcements
Minimum Qualifications
Subjects of Examination
Advertise per local rules
Residence Requirements
Participation in Examination
Preference in Certification
Appointment

31. Examinations Open Competitive
Generally Used to Fill Entry Level Positions
Open to Anyone Who Meets Qualifications
Promotion
Open To Employees In Lower Level Titles

32. Where do examinations come from?
The NYS Department of Civil Service
Master Examination Schedule
Decentralized Examinations
Municipal Civil Service (Section 17(4) CSL)

33. Steps in Examination Process
Review of Class Specification;
Tentative Scope to Civil Service;
Appointing Authority Review and Comment;
Announcement.

34. Types of Examinations Written Multiple Choice, Essay, Simulation
Training and Experience
Candidates rated according to scale which places value on certain education and experience.
Performance
Candidates rated on their ability to perform tasks

35. Eligible Lists Duration: 1 to 4 Years
Determined by municipal civil service
Use: Promotion List Used Before Open Competitive (when a mandated promotional list exists)

36. Rule of Three
Selection from among the three highest standing candidates on the eligible list willing to accept appointment
Civil Service Law - §61

37. Provisional Appointments
Authorized: In Absence of Eligible List
Limited Duration: Examination in Process within 30 Days;
Termination: Within 60 Days of Eligible List Establishment.

38. Temporary Appointments
Authorized by Section 64 CSL When:
An Employee is on Leave of Absence; or
Position is not expected to exceed six months

39. Temporary Appointments
Made from Eligible List, If Available:
Duration Under 3 Months - Without Regard to List
Duration 3-6 Months -- Candidate On List
Duration Beyond 6 Months - Highest Graded Candidates
Contingent Permanent Appointment

40. Rights of Employees Probationary Term Discipline
Pursuant to Local Civil Service Rules
Discipline
Section 75 of the Civil Service Law or
Alternate Disciplinary Procedure

41. Pursuant to Local Rules
Transfers
Civil Service Law Section 70
Employee may not transfer to a position requiring essential tests and qualifications different from or higher than those required for the position held
Pursuant to Local Rules
No Preferred List
No Departmental Promotion List
Scopes and Qualifications Identical
State Approval if Different

42. Layoff Competitive Class Positions Civil Service Law Section 80
Suspension or Demotion in inverse order of original appointment
Municipal Civil Service Shall Adopt Rules to Implement
Municipal Civil Service Rules
Layoff Unit
Permanent Service
Bumping & Retreat

43. Preferred List Section 81 – Civil Service Law
Duration-4 years from separation or demotion
Certified before any other list
Used for position:
1) same or similar
2) in lower grade in line of promotion
3) comparable

44. Reporting Responsibilities
CSL §95
“It shall be the duty of all officers …..to conform and comply with and to aid in all proper ways in carrying into effect the provisions of this chapter, and the rules and regulations prescribed thereunder.”
“Any person employed or appointed contrary to the provisions of this chapter or the rules and regulations established thereunder shall be paid by the officer or officers so employing or appointing him….”

45. Employment Roster
The …municipal commission shall maintain an official roster of the classified service under its jurisdiction. Such roster shall contain in detail the employment history of each employee….” CSL §97

46. Payroll Certification: What is it and who is involved?

47. Payroll Certification Concepts
What is payroll certification?
Method of determining whether the transaction reports provided by appointing authorities are complete and accurate
An integral part of transaction management
An ongoing process

48. Basic Process Requirements
Appointing Authorities:
Report all transactions;
Provide payrolls to civil service upon request;
Comply with the provisions of Civil Service Law and Rules

49. Basic Process Requirements
Civil Service:
Certify payrolls in accordance with Law and Rules;
Resolve discrepancies noted during payroll certification;
Enforce compliance with Law and Rules

50. Payroll Certification
Certification: Municipal Civil Service Commission/Personnel Officer must certify that each employment is in accordance with Civil Service Law and Rules-Prior to Payment.

51. Payroll Certification
Misdemeanor to Pay Salary or Compensation For Which Certification Has Been Refused
Any moneys paid contrary to the provisions of Section 100 may be recovered from the personal funds of the officer who signs the check.