Labor & Employment Law

Administration of the Civil Service Law

By Harvey Randall, Esq.

Administration of the Civil Service Law

Informal Opinions of the Attorney General, 98-43

The City of Geneva currently administers the Civil Service Law through a personnel officer. When asked for his views regarding the action necessary for the city to transfer the responsibility for the administration of the Law from its personnel officer to the County Civil Service Commission, the Attorney General advised the city attorney as follows:

1. Municipalities may elect to change the form of local civil service administration and select from among a number of alternatives including a municipal civil service commission; a personnel officer; a regional civil service commission or a regional personnel officer.

2. If such a change is contemplated, a public hearing concerning the change must be held.

3. Where the existing means of administration is provided by the City?s Charter, any change in the administration of the Civil Service Law must be implemented by amending the Charter by local law. Further, a public hearing concerning the change in the Charter is required.

4. Although a change related to the membership or terms of office of a civil service commission of a city is subject to a mandatory referendum [Section 23.3(k) Municipal Home Rule Law], a change from the personnel officer form of administration to a county civil service commission form does not require such a referendum, just a public hearing concerning the change.

Full post as published by New York Public Personnel Law on January 15, 2008 (boomark / email).