Section 15. Optional forms of local civil service administration  


Latest version.
  • 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.