Section 23. Services by state department of civil service; certification of state and municipal eligible lists

1.  Classification  services.  The  state  civil  service department shall, without charge, upon the request
  of any municipal commission, render  service  or  technical  advice  and
  assistance  relative  to  the  position  classification  and  pay equity
  compensation  assessment  of   offices   and   employments   under   the
  jurisdiction  of  such  municipal  commission;  provided,  however, that
  where, in the judgment of the president, the  services  requested  would
  involve  considerable  expense  to  the  state,  the state civil service
  department may render such services pursuant to an agreement for payment
  to the state of such compensation for such services  as  may  be  agreed
  upon.  All money received for such services shall be paid into the state
  treasury in the manner provided by law.
    2. Examination services. The state civil service department, upon  the
  request  of any such municipal commission, shall render service relative
  to the announcement, review of applications, preparations, construction,
  and rating of  examinations,  and  establishment  and  certification  of
  eligible  lists  for  positions  in  the  classified  service  under the
  jurisdiction of such municipal commission. The department may  charge  a
  reasonable  fee  as a condition of rendering any such services. Only the
  state civil service department and commission shall have jurisdiction to
  correct any errors in rating in any examination prepared  and  rated  by
  such department pursuant to the provisions of this subdivision.
    3.  Other services. The state civil service department without charge,
  upon the request of any municipal commission,  shall  furnish  technical
  advice  and  assistance  in the preparation and promulgation of rules or
  modifications  thereof  and  in  any   other   matters   affecting   the
  administration  of  the  provisions  of  this  chapter by such municipal
  commission.
    4. Use of state and county eligible lists by municipal commissions.  A
  municipal commission, in the absence of an eligible list of its own, may
  request  the  state  civil  service  department,  county  civil  service
  commission or county personnel officer to furnish it with the  names  of
  persons  on  an appropriate eligible list established by the department,
  commission or personnel officer, which, if so requested by the municipal
  commission, shall be limited to residents of the city, or town or  civil
  division  in  which  appointments are to be made, or to residents of the
  county or judicial district in which such city, town or  civil  division
  is  located,  or to any reasonable combination of political subdivisions
  both in and outside of New York state contiguous to the  city  or  civil
  division  in  which  appointment  is  to  be  made  or contiguous to the
  political subdivision in which such city or civil division  is  located.
  Such  municipal  commission  may certify such names for appointment to a
  position under its jurisdiction in the same manner as certifications are
  made from the eligible lists of such  commission.  If  the  state  civil
  service  department, county civil service commission or county personnel
  officer,  upon  the  request  of  such  commission,  has  certified   an
  appropriate eligible list to fill a particular position, such list shall
  continue  to be used until superseded by an eligible list established by
  such municipal commission for such position, or until such list  expires
  or is exhausted or is otherwise terminated.
    4-a.  Residence  restrictions  for  local  positions.  The state civil
  service department or  municipal  commission  having  jurisdiction  over
  positions  in  a  city or civil division may require that candidates for
  examination for appointment to any such positions be residents  of  such
  city  or civil division, or residents of the county or judicial district
  in which such city or civil division is located, or  of  any  reasonable
  combination  of  political  subdivisions both in and outside of New York

  state contiguous to such city or civil division  or  contiguous  to  the
  political  subdivision  in which such city or civil division is located.
  An appointing authority of a department or agency of  a  city  or  civil
  division  may  require  that eligibles who are residents of such city or
  civil division shall  be  certified  first  for  appointment,  provided,
  however,  no  such  preference  shall  be  given  on  appointments  from
  promotion lists. Upon exhaustion of the list of such resident eligibles,
  certifications shall be  made  from  the  whole  eligible  list.    This
  subdivision  shall not be deemed to supersede any general or special law
  pertaining to residence qualifications of local officers  or  employees;
  provided, however, that any permanent employee who has been suspended or
  demoted  from  a  position and is on a preferred list for reinstatement,
  shall not be barred from reinstatement solely on the basis of  residency
  requirements  established  subsequent to such suspension or demotion, in
  the event the employee does not meet such residence qualifications  but,
  nonetheless, was originally properly appointed.
    4-b.  Geographic  certification  based on need. A municipal commission
  having jurisdiction over a city  or  civil  division  may  provide  that
  eligibles,  other  than  those eligibles on policemen and firemen lists,
  who are residents of a geographically-defined area which is a portion of
  such city or civil division shall be certified first for appointment  to
  positions in such area where in order to qualify for federal moneys such
  certification  is required. Upon exhaustion of the list of such resident
  eligibles, certifications shall be made from the whole eligible list.
    5. Construction. The provisions of this section  shall  not  apply  to
  municipal  commissions  in any city containing more than one county. The
  services provided for by subdivision two of this  section  may,  in  the
  discretion  of  the civil service department, be rendered to a municipal
  commission in a city containing more than one county upon the payment of
  a reasonable fee to be determined by the department.