Section 16. Change of form of administration  


Latest version.
  • 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.