§ 100. Certification of payrolls. 1. Payroll certification required.
(a) Except as otherwise provided in this section, no disbursing or
auditing officer of the state or of any civil division thereof shall
approve or pay or take any part in approving or paying any salary or
compensation for personal service to any person holding an office or
position in the classified service unless the voucher or payroll
therefor bears the certificate of the civil service department or
municipal commission having jurisdiction that the persons named therein
are employed in their respective positions in accordance with law and
rules made pursuant to law. The certificate of municipal commissions
shall also include a statement of membership in an appropriate
retirement system where such membership is mandatory. Such certificate
may be executed for and on behalf of such department or commission, as
the case may be, by an officer or employee thereof duly designated in
writing for that purpose. Such certificate may, for cause, be withheld
from an entire payroll or from any item or items therein. If the
department or municipal commission finds that any person has been
promoted, transferred, assigned, reinstated or otherwise employed in
violation of this chapter or rules made pursuant thereto, it shall so
notify the appropriate disbursing and auditing officers who thereafter
shall not pay or approve the payment of any salary or compensation to
such person; and nothing contained in this section shall be construed to
authorize any officer to approve or pay salary or compensation to any
person contrary to such a notice. If, however, permission is granted by
the department to a state agency or state department to certify directly
to the department of audit and control that the persons named in the
certification are employed in their respective positions in accordance
with law and rules made pursuant to law, the department need not certify
any voucher or payroll but may at any time thereafter examine such
payroll or voucher and revoke any previous certification not made in
accordance with such law and rules. Revocation of any such certification
shall, in any action against the appointing officer under section one
hundred two of this chapter, be presumptive evidence that such
certification was improper in the respects not held to be proper by the
department.

(b) The certificate of the civil service department or appropriate
municipal commission shall not be required in advance of the audit and
payment of salary or compensation to temporary laborers if the
appointing officer certifies that the temporary laborers named in the
payroll or account therefor have been appointed or employed in
accordance with law and rules made pursuant thereto, but in such case
such payroll or account shall be submitted within two calendar months
after certification by the appointing officer for further certification
by the department or appropriate municipal commission that the
appointing officer's certification was in whole or in part proper.
Refusal of the department or municipal commission to certify, within
thirty days of receipt of such payroll or account, that the
certification by the appointing officer was in all respects proper
shall, in any action against such appointing officer under section one
hundred two of this chapter, be presumptive evidence that such
certification was improper in the respects not certified as proper by
the department or municipal commission. The department may include
temporary laborers employed by a state agency or state department within
permission granted pursuant to paragraph (a) of this subdivision for
direct certification to the department of audit and control, subject to
the terms for investigation and revocation of such certification
contained in such paragraph. The term "temporary laborers", as used
herein, means persons in the labor class and skilled laborers in the
non-competitive class who are employed temporarily on work of repairs,
maintenance and construction, and who do not constitute part of the
regular force of a department or institution.

(c) Any person entitled to be certified as provided herein and refused
such certificate, or from whom salary or compensation is otherwise
unlawfully withheld, may maintain a proceeding under article
seventy-eight of the civil practice law and rules to compel the issuance
of such certificate or the payment of such salary, or both, as the case
may be.

(d) Nothing contained in this section shall be construed to prevent
the award of a money remedy for the violation of a provision of a
collective bargaining agreement prohibiting the assignment of employees
to duties substantially different from those appropriate to the title to
which the employees are certified. This subdivision may be supplemented,
modified or replaced by provisions of collective bargaining agreements
negotiated between the state and an employee organization pursuant to
article fourteen of this chapter.

(e) Nothing contained in this section shall be construed to prevent
the payment of a money remedy, which shall be for a period no longer
than forty-five days prior to the filing of a grievance, pursuant to
executive order forty-two, dated October fourteenth, nineteen hundred
seventy, and title nine, part five hundred sixty, official compilation
of codes, rules and regulations of the state of New York in resolution
of the assignment of employees to duties substantially different from
those appropriate to the title to which the employees are certified. The
issuance of such a money remedy shall also contain a cease and desist
order from continuation of the assignment of such substantially
different duties to the employee involved.

(f) Notwithstanding the provisions of paragraph (a) of this
subdivision, in cities with a population of one million or more, the
municipal civil service commission may grant permission to a city agency
or department to certify directly to the disbursing or auditing officer
of such city that the persons named in the certification are employed in
their respective positions in accordance with applicable law and rules.
In such cases, the municipal civil service commission need not certify
any voucher or payroll but may at any time thereafter examine such
payroll or voucher and revoke any previous certification not made in
accordance with such law and rules. Revocation of such certification
shall, in any action against the appointing officer pursuant to section
one hundred two of this title, be presumptive evidence that such
certification was improper in the respects not held to be proper by the
municipal civil service commission.

2. Extended certifications. (a) The state civil service commission or
any municipal commission may, by rule, provide that certification of
payrolls of employees of any agency, authority or civil division under
its jurisdiction may be made annually or semi-annually as of the date or
dates specified in such rules provided, however, that on and after July
first, nineteen hundred sixty-one, each such commission shall be deemed
to have adopted a rule providing for annual certification as of the
first full payroll period of the fiscal year of such agency, authority
or civil division, except for such periods after such date during which
a rule or requirement of such commission shall be operative which
provides for other certifications, or dates therefor, consistent with
the provisions of this section. Any such certification shall remain in
effect until the next certification required by such rules, except as to
officers or employees appointed or reinstated after such certification
was made, or officers or employees whose status or salary or
compensation is changed after the last certification of a payroll
containing their names. In such cases the names of such officers and
employees shall be submitted for certification on the first payroll on
which they appear under such appointment, reinstatement, or other new
status or salary or compensation; provided, however, that in the case of
school districts other than city school districts, pending such
certification by the department or commission as to persons not so
previously certified, audit and payment of salary or compensation may be
made for a period not exceeding two calendar months after the
appointment, reinstatement or other change of status or salary or
compensation of such persons if notice thereof in writing is forwarded
to the civil service department within fifteen calendar days after such
appointment, reinstatement or other change of status or salary or
compensation occurs.

(b) In lieu of the procedure authorized by paragraph (a) of this
subdivision the civil service department, with respect to the officers
and employees of any department or agency of the state or any public
authority, may issue certificates hereunder on an extended basis without
time limitation or, in the case of employments subject to a time
limitation, for such limited period as may be applicable. No further
certification shall be necessary for the payment of compensation to any
such person so long as his status remains unchanged and during the
stated limited period, if any, of his employment. The civil service
department, however, may at any time examine the payroll of such
department, agency or authority for any pay period, and shall examine
such a payroll at least once each year to determine that all persons
employed in such department, agency or authority are employed in
accordance with law and rules.

(c) Notwithstanding the provisions of this subdivision or of any rules
adopted hereunder, the civil service department or a municipal
commission may, at any time, require any such agency, authority or civil
division under its jurisdiction to submit payrolls or accounts for
certification in accordance with the provisions of subdivision one of
this section.

3. Certifications for certain positions in state service.
Notwithstanding the provisions of this section, the civil service
department, in any certificate issued pursuant to this section with
respect to the employment of a person in a position classified pursuant
to article eight of this chapter, shall not be required or deemed to
attest that the salary or rate of compensation indicated for such person
is that to which he is eligible or entitled pursuant to law. When an
extended certification has been made with respect to the employment of a
person in such a position, a new certification shall not be required
solely because of a change in the salary or rate of compensation of such
person.

4. Waiver of certification requirement for certain special or
emergency employments. The president of the state civil service
commission may except from the application of this section persons
employed by a state agency or public authority for a period not
exceeding ten days to render special or emergency service not
customarily performed by the regular employees of such agency or public
authority.

5. Limitation upon the certification of payrolls. Solely for the
purposes of this section and in the absence of fraud, an employee having
completed the applicable probationary period and holding a position in
the classified service of a civil service division by appointment or
promotion for at least three years shall be presumed to have been duly
appointed or promoted. After such time, neither the state civil service
commission nor a municipal commission shall withhold certification of
such employee on a payroll or voucher by reason of a violation of this
chapter or rules made pursuant thereto. The provisions of this
subdivision shall not apply in cities with a population of one million
or more.