2006 New York Code - Powers And Duties Of The State Civil Service Commission.

 
    § 6. Powers  and  duties  of  the  state civil service commission. The
  state civil service commission shall
    1. Prescribe and amend suitable rules  and  regulations  for  carrying
  into effect the provisions of this chapter and of section six of article
  five  of  the constitution of the state of New York, including (a) rules
  for the jurisdictional classification of offices and  positions  in  the
  classified   service   of   the   state;  (b)  rules  for  examinations,
  appointments, promotions, transfers, leaves of absence, resignations and
  reinstatements, and the keeping, reporting and reviewing of  performance
  ratings  of  employees  in the classified service of the state and civil
  divisions for which the provisions of this chapter are  administered  by
  the   state  civil  service  department;  (c)  rules  for  sick  leaves,
  vacations, time allowances and other conditions  of  employment  in  the
  classified service of the state and, notwithstanding any other provision
  of  this  chapter  or  any  other  law,  such rules may provide for cash
  payment of the monetary value of accumulated and unused vacation or time
  allowances granted in lieu of  overtime  compensation  standing  to  the
  credit  of an employee at the time of his or her separation from service
  or his or her entrance into the armed forces of the  United  States  for
  active  duty  (other  than  for training) as defined by title ten of the
  United  States  code,  whether  or  not  such  entrance  constitutes   a
  separation  from  service,  and for the payment of the monetary value of
  his or her accumulated and unused time allowances  granted  in  lieu  of
  overtime  compensation standing to the credit of an employee at the time
  of his or her appointment, promotion or transfer from the department  or
  agency  in  which such time allowances were earned to another department
  or  agency  and  provided  further  however  that  any  such  rules   or
  regulations  shall  provide  that  individuals certified by an examining
  physician as benefiting from the use of a service animal  in  performing
  major  life  activities,  individuals registered with the New York state
  commission for the blind and visually handicapped as  legally  blind  or
  certified  by  an examining physician or licensed optometrist as legally
  blind, as manifested by visual acuity of 20/200 or less  in  the  better
  eye  with  best  correction  or  visual field of 20 degrees or less, and
  individuals who  have  a  hearing  impairment  manifested  by  a  speech
  discrimination  score  of  forty  percent or less in the better ear with
  appropriate correction as certified  by  an  examining  physician  or  a
  licensed  audiologist  or  otorhinolaryngologist  as  defined in section
  seven hundred eighty-nine of the general business law,  or  a  physician
  who has examined such person pursuant to the provisions of section seven
  hundred  ninety-two  of  such  law,  may charge against accumulated sick
  leave credits and upon written agreement between the individual and  the
  employer, may borrow against sick leave credits not yet accumulated, for
  the  purpose  of  obtaining  service animals or guide dogs and necessary
  training, up to a maximum of twenty-six days in any one  calendar  year;
  and  (d)  rules  for  the  position  classification  and  jurisdictional
  classification of offices and employees in civil divisions for which the
  provisions of this chapter are administered by the state  civil  service
  department.
    Such  rules  and  any  modification  thereof  shall  take  effect when
  approved by the governor and filed in the office of  the  department  of
  state, and shall have the force and effect of law;
    2.  Keep  minutes  of  its  own  proceedings  and records of its other
  official actions;
    3. Make  investigations  concerning  all  matters  touching  upon  the
  enforcement  and  effect of the provisions of this chapter and the rules
  and regulations established thereunder and concerning the action of  any
  person  in  respect to the administration of this chapter. In the course
  of  such  investigations  each  member  and  any  officer  or   employee
  previously   designated   in   writing  by  the  commission  to  conduct
  investigations or hearings in its behalf shall have power to  administer
  oaths. A record of such written designation shall be kept on file in the
  office of such commission;
    4.  Have power to subpoena and require the attendance in this state of
  witnesses and the production  of  books  and  papers  pertinent  to  the
  investigation  and  inquiries  hereby authorized and to examine them and
  such public records as it shall require relating  to  any  such  matter.
  For  the  purposes of such examination, the commission possesses all the
  powers conferred  by  the  legislative  law  upon  a  committee  of  the
  legislature  or  by  the  civil  practice law and rules, upon a board or
  committee. A subpoena issued under this section shall  be  regulated  by
  the  civil  practice  law  and rules. Said commission and any officer or
  employee previously designated in writing by it to act in its behalf may
  invoke the power of any court of record in the state to compel witnesses
  to attend, testify and produce books and papers;
    5. Hear and determine  appeals  instituted  by  any  person  believing
  himself aggrieved by any action or determination of the president of the
  commission  acting  as  the  head  of  the  department,  made  under the
  authority  conferred  upon  such  president  or  department  under   the
  provisions  of  this  chapter  except  article  eleven hereof; provided,
  however, that no such appeal shall be  allowed  (a)  if  the  action  or
  determination  involved relates solely to matters of internal management
  of the department, or (b) if the action or  determination  involved  was
  considered  and  approved  in  advance  by the commission.   The appeals
  authorized by this subdivision shall be instituted  by  applications  in
  writing   to  the  commission  within  thirty  days  of  the  action  or
  determination to be reviewed. The commission, for good cause shown,  may
  waive   such   thirty-day  limitation.  The  commission  may  make  such
  investigation or inquiry into  the  facts  relative  to  the  action  or
  determination  appealed  from as may be deemed advisable and may affirm,
  reverse or modify such action or determination;
    6. Make determinations of all appeals filed with the state  commission
  pursuant  to  the  provisions  of  section  one  hundred  twenty of this
  chapter;
    6-a. Submit a report on or before January thirty-first of  each  year,
  to  the  governor  and  the  legislature which shall include, but not be
  limited to, information detailing the total number of  appeals  received
  from  determinations  made  based  upon  written  and oral examinations,
  performance tests and ratings of training  and  experience,  during  the
  preceding  twelve  months,  and the final disposition or dispositions of
  each appeal.
    7. Meet in Albany at least once in each  calendar  month,  except  the
  month  of August, and hold such other meetings at such places within the
  state as the needs of the public service may require. A majority of  the
  members of the commission shall constitute a quorum.