New York Laws
Title B - Organization and Functions of Municipal Civil Service Commissions
20 - Rules.

§ 20. Rules. 1. Scope of rules. Each municipal civil service
commission shall prescribe, amend and enforce suitable rules 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
rules for the jurisdictional classification of the offices and
employments in the classified service under its jurisdiction, for the
position classification of such offices and employments, for
examinations therefor and for appointments, promotions, transfers,
resignations and reinstatements therein, all in accordance with the
provisions of this chapter. Nothing in this chapter or any other law
shall be construed to require that positions in the competitive class be
specifically named or listed in such rules, or that the salary grade to
which a position in any jurisdictional class is allocated be specified
in such rules.

2. Procedure for adoption of rules. Such rules, and any modifications
thereof, shall be adopted only after a public hearing, notice of which
has been published for not less than three days, setting forth either a
summary of the subject matter of the proposed rules or modifications or
a statement of the purpose thereof. Except for the city of New York,
notice shall be given to any person or agency filing written request,
such request to be renewed yearly in December, for notice of hearings
which may affect such person or agency. Such notification shall be made
by mail to the last address specified by the person or agency at least
thirty days prior to the public hearing. Unless otherwise provided by
statute, a fee consisting of the cost of handling and postage may be
charged for such notice. Notwithstanding the provisions of this
subdivision, however, notice and public hearing shall not be required
upon the adoption or modification of a rule which is required by reason
of a change in any statute in order to conform the rule to such statute.
The rules and any modifications thereof adopted by a county civil
service commission or county personnel officer or by a regional civil
service commission or regional personnel officer shall be valid and take
effect only upon approval of the state civil service commission. The
rules and any modifications thereof adopted by a city civil service
commission or city personnel officer shall be valid and take effect only
upon approval of the mayor or a deputy mayor designated in writing by
the mayor, such designation to be filed in the offices of the state
civil service commission, and the municipal civil service commission, or
city manager or other authority, as the case may be, having the general
power of appointment of city officers and employees, and the state civil
service commission; provided, however, that where the mayor, deputy
mayor or city manager, or other authority, as the case may be, fails to
approve or disapprove a rule or modification thereof within thirty days
after the same has been submitted to him, such rule or modification
thereof shall be deemed to be approved by him. The rules and any
modifications thereof adopted by a suburban town civil service
commission in such a town described in subdivision four of section two
of this chapter or personnel officer of such a suburban town shall be
valid and take effect only upon approval of the state civil service
commission. Notwithstanding any other provision of this chapter, when a
resolution of a municipal commission submitted to the state commission
for approval includes a provision proposing the classification of a
position in the exempt class, the state commission, if it determines
that such position should properly be classified in the non-competitive
class, may amend such provision, with the consent of the municipal
commission, to classify such position in the non-competitive class and
approve such resolution as so amended. Any such rule or modification
thereof shall be filed with the secretary of state within thirty days

after final approval thereof by the state civil service commission. Such
rules shall have the force and effect of law when filed with the
secretary of state.

3. State civil service commission to promulgate rules. Upon the
establishment of a municipal or regional civil service commission, or
the office of municipal or regional personnel officer, it shall be the
duty of such commission or personnel officer, upon appointment, to adopt
and procure the approval of the rules herein provided for, and, upon
failure to do so within sixty days after appointment, the state civil
service commission shall forthwith make such rules.