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This entry was published on 2020-04-24
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Powers and duties of the president of the state civil service commission
§ 7. Powers and duties of the president of the state civil service
commission. The president of the commission shall have the following
powers and duties:

1. He shall be the head of the department of civil service and the
appointing officer thereof, and shall be responsible for the discharge
of the duties and functions of the department and for the enforcement of
the rules and regulations.

2. He may select suitable persons in the service of the state or any
of its civil divisions, after consulting the head of the department or
office in which such persons serve, to act as examiners under his
direction. Persons so selected shall be entitled to reimbursement from
the department for their actual and necessary expenses incurred in
connection with such service.

3. He shall adopt a departmental seal and require that it be used for
the authentication of orders and other documents and for such other
purposes as he may prescribe.

4. Subject to the provisions of this chapter and the rules established
thereunder, he shall make regulations for and have control of
examinations for the service of the state, and the civil divisions
thereof, except civil divisions for which a municipal commission
performs such function, and shall supervise and preserve the records

5. He shall provide pre-retirement counseling services to employees of
the state and of the civil divisions thereof who are members of the
state retirement system, and in cooperation with such retirement system,
municipal civil service commissions, the adult education bureau of the
education department and local school boards, establish such courses on
personal counseling as may be necessary to prepare public employees for

6. The president of the commission shall prepare an annual report
describing occupational injuries, illnesses, and workers' compensation
experience for all state agencies as defined by subdivision three of
section two-a of the state finance law. Such report shall be published
no later than September thirtieth of each year, beginning in two
thousand eight, and shall report information on the basis of the last
completed state fiscal year. In subsequent years, the report shall
include comparative data for up to five prior fiscal years if such data
is available. The report shall be delivered to the governor, the
legislature and to any labor organization that represents state agency
employees and shall be available to the public. The contents of the
report shall include the following information for each state agency,
broken down by institutions and facilities as was done in the report
previously published by the department entitled "Occupational Accidents
and Workers' Compensation Experience for NYS Government Employees"
published from nineteen hundred eighty-seven to nineteen hundred

(a) the total number of employees, the number of work-related
accidents and the rate of work-related injuries and illnesses;

(b) the number of lost work time injuries and illnesses and the rate
of lost work time cases;

(c) the number of days of lost work time and the number and rate of
lost full time employees;

(d) the cost to the state of lost work time due to work-related cases;

(e) the cost to the state of medical expenses due to work-related
injuries and illnesses;

(f) a description of the types of injuries, the number of injuries and
illnesses of each type and the most common causes of those cases, and
the body part injured;

(g) a list of the job titles with work-related injury and illness
rates that are more than twenty-five percent above the average for all
state agencies;

(h) a list of the state agencies with work-related injury and illness
rates that are more than twenty-five percent above the average for all
state agencies;

(i) work-related injury and illness rates for all state agencies by
collective bargaining units; and

(j) a summary of findings and recommendations prepared in consultation
with the workers' compensation board and the state insurance fund for
state agencies regarding the prevention of injury and illnesses and the
reduction of costs due to these cases.

7. The president, with the assistance of the office of information
technology services as needed, shall prepare a report on or before the
first day of September two thousand eighteen and every three years
thereafter to be issued to the governor, the speaker of the assembly,
the temporary president of the senate, the minority leader of the
assembly, and the minority leader of the senate. Such report shall
detail current programs within state agencies that allow for alternative
work schedules or flexible work hours, the positive and negative
experiences for agencies in utilizing alternative work schedules or
flexible work hours, whether legal or practical reasons affect the
ability to offer such schedules, and any existing plans agencies may
have for altering schedule options available to employees. The president
shall compile input from agencies selected pursuant to this subdivision,
and each agency shall provide all available information upon request to
the president. The president may also include information about best
practices among selected agencies. Nothing set forth in this section
shall be construed to impede, infringe or diminish the rights and
benefits that accrue to employees and employers through collective
bargaining agreements, or otherwise diminish the integrity of the
collective bargaining relationship. For purposes of this subdivision,
"alternative work schedules or flexible work hours" shall mean an
ongoing schedule modification that applies to more than one employee in
a described business unit. Alternative work schedules or flexible work
hours shall not include voluntary reduction in work schedule agreements
and individualized work schedules.

8. The president shall have the power to review claims for
reimbursement submitted by public authorities or municipal corporations
other than a city with a population of a million or more pursuant to
section ninety-two-d of the general municipal law to determine if such
claim shall be approved, reduced, amended or rejected. Such review and
determination shall be made in accordance with section ninety-two-d of
the general municipal law.