New York Laws
Title B - Organization and Functions of Municipal Civil Service Commissions
23 - Services by State Department of Civil Service; Certification of State and Municipal Eligible Lists.

§ 23. Services by state department of civil service; certification of
state and municipal eligible lists. 1. Classification services. The
state civil service department shall, without charge, upon the request
of any municipal commission, render service or technical advice and
assistance relative to the position classification and pay equity
compensation assessment of offices and employments under the
jurisdiction of such municipal commission; provided, however, that
where, in the judgment of the president, the services requested would
involve considerable expense to the state, the state civil service
department may render such services pursuant to an agreement for payment
to the state of such compensation for such services as may be agreed
upon. All money received for such services shall be paid into the state
treasury in the manner provided by law.

2. Examination services. The state civil service department, upon the
request of any such municipal commission, shall render service relative
to the announcement, review of applications, preparations, construction,
and rating of examinations, and establishment and certification of
eligible lists for positions in the classified service under the
jurisdiction of such municipal commission. The department may charge a
reasonable fee as a condition of rendering any such services. Only the
state civil service department and commission shall have jurisdiction to
correct any errors in rating in any examination prepared and rated by
such department pursuant to the provisions of this subdivision.

3. Other services. The state civil service department without charge,
upon the request of any municipal commission, shall furnish technical
advice and assistance in the preparation and promulgation of rules or
modifications thereof and in any other matters affecting the
administration of the provisions of this chapter by such municipal
commission.

4. Use of state and county eligible lists by municipal commissions. A
municipal commission, in the absence of an eligible list of its own, may
request the state civil service department, county civil service
commission or county personnel officer to furnish it with the names of
persons on an appropriate eligible list established by the department,
commission or personnel officer, which, if so requested by the municipal
commission, shall be limited to residents of the city, or town or civil
division in which appointments are to be made, or to residents of the
county or judicial district in which such city, town or civil division
is located, or to any reasonable combination of political subdivisions
both in and outside of New York state contiguous to the city or civil
division in which appointment is to be made or contiguous to the
political subdivision in which such city or civil division is located,
except for the position of director of facilities I, II, & III of a
school district located within the state which shall use the list
developed pursuant to subdivision five of section seventeen of this
chapter. Such municipal commission may certify such names for
appointment to a position under its jurisdiction in the same manner as
certifications are made from the eligible lists of such commission. If
the state civil service department, county civil service commission or
county personnel officer, upon the request of such commission, has
certified an appropriate eligible list to fill a particular position,
such list shall continue to be used until superseded by an eligible list
established by such municipal commission for such position, or until
such list expires or is exhausted or is otherwise terminated.

4-a. Residence restrictions for local positions. The state civil
service department or municipal commission having jurisdiction over
positions in a city or civil division may require that candidates for
examination for appointment to any such positions be residents of such

city or civil division, or residents of the county or judicial district
in which such city or civil division is located, or of any reasonable
combination of political subdivisions both in and outside of New York
state contiguous to such city or civil division or contiguous to the
political subdivision in which such city or civil division is located,
except for candidates for the position of director of facilities I, II,
& III of a school district located within the state. An appointing
authority of a department or agency of a city or civil division may
require that eligibles who are residents of such city or civil division
shall be certified first for appointment, except for candidates for the
position of director of facilities I, II, & III of a school district
located within the state, wherein no such residence requirements shall
apply, provided, however, no such preference shall be given on
appointments from promotion lists. Upon exhaustion of the list of such
resident eligibles, certifications shall be made from the whole eligible
list. This subdivision shall not be deemed to supersede any general or
special law pertaining to residence qualifications of local officers or
employees; provided, however, that any permanent employee who has been
suspended or demoted from a position and is on a preferred list for
reinstatement, shall not be barred from reinstatement solely on the
basis of residency requirements established subsequent to such
suspension or demotion, in the event the employee does not meet such
residence qualifications but, nonetheless, was originally properly
appointed.

4-b. Geographic certification based on need. A municipal commission
having jurisdiction over a city or civil division may provide that
eligibles, other than those eligibles on police officer and firefighter
lists, who are residents of a geographically-defined area which is a
portion of such city or civil division shall be certified first for
appointment to positions in such area where in order to qualify for
federal moneys such certification is required. Upon exhaustion of the
list of such resident eligibles, certifications shall be made from the
whole eligible list.

5. Construction. The provisions of this section shall not apply to
municipal commissions in any city containing more than one county. The
services provided for by subdivision two of this section may, in the
discretion of the civil service department, be rendered to a municipal
commission in a city containing more than one county upon the payment of
a reasonable fee to be determined by the department.