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This entry was published on 2014-09-22
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SECTION 15
Optional forms of local civil service administration
Civil Service (CVS) CHAPTER 7, ARTICLE 2, TITLE B
§ 15. Optional forms of local civil service administration. 1.
Optional forms of administration. There shall be the following forms of
local civil service administration for the purpose of administering the
provisions of this chapter in counties, including civil divisions
therein, in certain suburban towns, and in cities in the state:

(a) Municipal civil service commissions. A municipal civil service
commission shall consist of three persons, not more than two of whom
shall at any time be adherents of the same political party. The members
of a county civil service commission shall be appointed by the board of
supervisors, except that in a county having a county executive the
members of the commission shall be appointed by the county executive
with the advice and consent of the board of supervisors. The members of
a suburban town civil service commission in such a town described in
subdivision four of section two of this chapter shall be appointed by
the town board of such town. The members of a city civil service
commission shall be appointed by the mayor, city manager, or other
authority, as the case may be, having the general power of appointment
of city officers and employees. Of the members first appointed upon the
establishment or re-establishment of a municipal civil service
commission, the term of one shall expire on May thirty-first of the
first even-numbered year following the date of appointment; the term of
one shall expire on May thirty-first of the second even-numbered year
following the date of appointment; and the term of one shall expire on
May thirty-first of the third even-numbered year following the date of
appointment. Upon the expiration of each of such terms, the term of
office of each commissioner thereafter appointed shall be six years from
the first day of June in the year in which the term of his predecessor
expired. If the office of any such commissioner shall become vacant by
death, resignation or otherwise, his successor shall be appointed as
herein provided for the unexpired term.

(b) Personnel officers. The personnel officer of a county shall be
appointed by the board of supervisors or, in a county having a county
executive, by the county executive with the advice and consent of the
board of supervisors. The personnel officer of a suburban town described
in subdivision four of section two of this chapter shall be appointed by
the town board of such town. The personnel officer of a city shall be
appointed by the mayor, city manager, or other authority, as the case
may be, having the general power of appointment of city officers and
employees. The term of office of a personnel officer shall be six years.
A personnel officer shall have all the powers and duties of a municipal
civil service commission.

(d) Administration by regional civil service commission or regional
personnel officer. Any two or more adjoining counties, or any two or
more cities in the same or adjoining counties, or any combination of
such counties and cities, by written agreement duly approved by the
governing board or body of each county or city participating, may
establish a regional civil service commission or the office of regional
personnel officer. (1) The agreement to establish such a commission
shall provide for the manner of selection, appointment and removal of
three regional civil service commissioners; provided, however, that no
member of such regional commission shall be removed except for cause and
after a public hearing. Not more than two members of such regional
commission shall at the same time be adherents of the same political
party. Of the commissioners first appointed, the term of one shall
expire on May thirty-first of the first even-numbered year following the
date of appointment; the term of one shall expire on May thirty-first of
the second even-numbered year following the date of appointment; and the
term of one shall expire on May thirty-first of the third even-numbered
year following the date of appointment. Upon the expiration of each of
such terms, the term of office of the commissioner thereafter appointed
shall be six years from the first day of June in the year in which the
term of his predecessor expired. If the office of any such commissioner
shall become vacant by death, resignation, or otherwise, his successor
shall be appointed for the unexpired term in the manner provided in such
agreement. (2) The agreement to establish the office of regional
personnel officer shall provide for the manner of selection, appointment
and removal of a regional personnel officer; provided, however, that the
term of office of such personnel officer shall be six years, and
provided further that no regional personnel officer shall be removed
except for cause and after a public hearing. (3) Such agreement shall
provide for the location of the principal office of the regional civil
service commission or regional personnel officer, the employment and
status of personnel, the audit and payment of salaries and expenses, the
apportionment of costs among participating counties and cities, and such
other matters as may be necessary or appropriate. (4) A regional civil
service commisison or regional personnel officer shall have all the
powers and duties of a municipal civil service commission, and shall
administer the provisions of this chapter in the cities and counties,
including civil divisions therein, which join in the establishment of
the regional civil service agency. (5) Upon the establishment of a
regional civil service commission or the office of regional personnel
officer, the municipal civil service commission or office of personnel
officer, as the case may be, in each of the counties and cities
participating shall cease to exist, and all the rights, duties,
obligations and functions thereof shall be transferred to and imposed
upon such regional civil service commission or regional personnel
officer. (6) The written agreement establishing a regional civil service
commission or the office of regional personnel officer may be amended
from time to time as necessary and for the purpose of admitting
additional cities or counties, upon approval of the governing board or
body of each of the cities and counties participating in such agreement.

2. Appointment by state commission. If, for any reason, the members of
a municipal or regional civil service commission or a city, suburban
town, county or regional personnel officer are not appointed within
sixty days after the establishment of a municipal or regional civil
service commission or office of city, suburban town, county or regional
personnel officer, the state civil service commission shall make such
appointments for the respective terms provided for herein and until the
successors of such appointees are appointed and qualify. If, for any
reason, the duly authorized appointing authority of a municipal or
regional civil service commission or a city, suburban town, county or
regional personnel officer within sixty days after it has the power to
appoint fails to appoint a municipal or regional civil service
commissioner or a city, suburban town, county or regional personnel
officer, the state civil service commission may appoint to such offices
for the respective terms provided for herein, and until the successors
are appointed and qualify.

3. Continuation of present forms of administration. The forms of civil
service administration in effect and operation in the several cities and
counties in this state on the effective date of this act are hereby
continued.

4. Form of administration in a city wholly including within its limits
two or more counties. The provisions of this chapter shall be
administered in a city wholly including within its limits two or more
counties under the form of administration prescribed in the charter of
such city.

5. Form of administration in any county wholly included within a city.
The provisions of this chapter shall be administered in and for all
county offices and agencies in each county in the state wholly included
within a city by and under the municipal civil service commission and
department of personnel of such city, except such offices and agencies
as are subject to the supervision of the administrative board of the
judicial conference.