Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 16
Change of form of administration
Civil Service (CVS) CHAPTER 7, ARTICLE 2, TITLE B
§ 16. Change of form of administration. 1. Election to change form of
administration. (a) Counties. The board of supervisors of any county,
other than a county wholly included within a city, may at any time and
from time to time, authorize the withdrawal of the county from its then
existing form of administration and elect that the provisions of this
chapter be administered in such county under one of the other forms of
administration authorized by section fifteen of this chapter.

(b) Cities; certain suburban towns. The common council or other
legislative body of a city, other than a city containing more than one
county, or the town board of a suburban town described in subdivision
four of section two of this chapter, may, at any time and from time to
time, authorize the withdrawal of the city or the said suburban town, as
the case may be from its then existing form of administration and elect
that the provisions of this chapter be administered in such city or said
suburban town under one of the other forms of administration authorized
by section fifteen of this chapter, or under the jurisdiction of the
civil service commission or personnel officer of the county in which
such city or said suburban town is located. Such election may be made by
a suburban town by adopting a local law establishing a department of
civil service. This section shall apply to local laws of suburban towns
establishing a department of civil service adopted prior to January 1,
1970, provided, however, such local laws did not become effective prior
to January 1, 1970.

(c) Cities and counties under the jurisdiction of a regional civil
service commission or regional personnel officer. The cities and
counties under the jurisdiction of a regional civil service commission
may, at any time and from time to time, elect, by written agreement duly
approved by the respective governing board or body of each such city and
county, to adopt a regional personnel officer form of administration.
The cities and counties under the jurisdiction of a regional personnel
officer may, in like manner, elect to adopt a regional civil service
commission form of administration.

2. Effective date of election. (a) Except as herein otherwise
provided, the effective date of any change of form of administration
authorized pursuant to the provisions of this section shall be fixed by
the governing board or body of a city or suburban town described in
subdivision four of section two of this chapter, or county, as the case
may be, or in the agreement for the establishment of a regional civil
service commission or the office of regional personnel officer, but
shall not be less than one year from the time of such election or less
than two years from the effective date of the last preceding change of
form of administration, whichever is the longer period. Any such
election for a change of form of civil service administration may be
revoked at any time within six months after the date of such election.
The effective date of such change may be postponed once at any time
within six months after the date on which such election is made;
provided, however, that where the effective date of such change is
postponed, the new effective date of such change shall be one year from
the date on which such postponement is authorized, but not earlier than
two years from the effective date of the last preceding change of form
of administration.

(b) In the case of a city the charter of which becomes operative on or
after the effective date of this act, unless otherwise provided in such
charter the common council or other legislative body thereof may elect
to adopt one of the optional forms of civil service administration
provided in section fifteen of this chapter within sixty days after the
effective date of its charter and such election shall become effective
immediately.

(c) If, after a city or suburban town described in subdivision four of
section two of this chapter has elected that the provisions of this
chapter shall be administered in such city or such suburban town under
the jurisdiction of the civil service commission or personnel officer of
the county, such county elects to change its form of civil service
administration, such city or such suburban town may, within six months
after such election by the county, elect to adopt one of the other forms
of civil service administration provided in section fifteen of this
chapter, which shall become effective on the date on which the change of
form of administration of such county becomes effective.

(d) Where a city or county under the jurisdiction of a regional civil
service commission or regional personnel officer elects to withdraw
therefrom and adopt one of the other optional forms of civil service
administration provided in section fifteen of this chapter, the
remaining cities or counties under the jurisdiction of such regional
commission or regional personnel officer, if there be at least two, may,
within six months after such election, by a new written agreement or
modification of the original agreement duly approved by the governing
board or body of each such city and county, continue such regional civil
service commission or the office of regional personnel officer. In the
event such regional civil service commission or the office of personnel
officer is not so continued, it shall be dissolved on the effective date
of the withdrawal of a city or county therefrom, and the counties and
cities participating therein may, prior to such dissolution, elect to
adopt one of the other forms of civil service administration provided in
section fifteen of this chapter, which shall become effective upon the
dissolution of such regional civil service commission or office of
regional personnel officer. Upon the dissolution of a regional civil
service commission or the office of regional personnel officer, the
provisions of this chapter shall be administered in any city or county
participating therein which has not so elected to adopt one of the other
forms of civil service administration provided in section fifteen, under
the form of civil service administration in effect in such city or
county immediately preceding its election to come under the jurisdiction
of such regional civil service commission or regional personnel officer.

(e). A suburban town as described in subdivision four of section two
of this chapter, electing to initiate its own civil service
administration for the first time may appoint its administration
immediately upon making an election pursuant to section sixteen (b) and
such administration shall assume jurisdiction upon the transfer of
eligible lists, records, documents and files to it which transfer shall
be completed within six months of the appointment of the administration
hereunder.

3. Notice and public hearing. A public hearing shall be held after
reasonable notice, before any action may be taken by the governing board
or body of a city or suburban town, as specified above or county to
elect a change of form of civil service administration for such city or
suburban town, as specified above or county, as the case may be, or to
revoke such election or postpone the effective date of such election.