Suffolk County, NY Article VI Department of Human Resources, Personnel and Civil Service

§ A6-1 (Reserved) [1]

[1] Editor’s Note: Former § A6-1, Residency requirements, derived from Charter Sec. 604, as added 11-27-1979 by L.L. No. 33-1979, as amended, was repealed 2-7-2012 by L.L. No. 17-2012. See now Charter § C6-3.

§ A6-2 Tuition reimbursement program.

[Derived from Res. No. 948-1970; amended 2-13-1979 by Res. No. 85-1979]

A. Title. The official title of this program shall be the "Suffolk County Tuition Reimbursement Program." This will differentiate the program from the free in-service training courses which have been sponsored by the County and from the Empire State Satellite Educational Program.

B. Purpose. This program is designed to give financial assistance to County employees who wish to take courses that will either improve their ability to perform on the job or will enhance their career opportunities for the mutual benefit of the employees and Suffolk County government. It constitutes implementation of the provisions of the contracts concerning employees eligible which provide that the County shall establish rules and regulations on which an in-service program of training shall operate, pursuant to which the County will provide 75% of the cost of approved courses of study upon the successful completion thereof by the employee.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

COURSE

An organized instructional unit with starting and ending dates within one of the regularly scheduled academic terms of an educational institution.

TUITION REIMBURSEMENT

Financial assistance amounting to 75% of the tuition cost of approved courses.

D. Eligibility. With the exception of the sworn members of the Police Department and faculty members of Suffolk Community College, all full-time County employees with one year's service are eligible to apply for participation in this program except as hereinafter provided.

[Amended 10-24-1989 by Res. No. 986-1989]

E. Reimbursement.

[Amended 10-24-1989 by Res. No. 986-1989]

(1) Approval for reimbursement shall be determined by judging each individual course application on the basis of its relevance and relatedness to the employee's present job and the department head's appraisal of the applicant's need for the requested courses in relation to his career development program within the County service.

(2) Upon satisfactory completion of an approved course, an employee will be reimbursed for 75% of the tuition cost. This tuition cost does not include registration fees, books, laboratory fees, mileage, etc.

(3) Satisfactory completion of an approved course shall consist of official notice from the school that the student has received his passing grade. When this is submitted, along with the bursar's receipts for the tuition paid, the employee shall then receive his reimbursement.

(4) Any exempt employee designated in § 935-2 of the Suffolk County Code shall only be entitled to reimbursement under this program on or after the effective date of this section if he or she has been employed by the County for a period of at least two consecutive years immediately preceding application for reimbursement hereunder and only if the courses:

(a) Are required by the County of Suffolk to maintain the employee's current position of employment;

(b) Enhance a skill required by the individual in his or her current employment;

(c) Are not required to meet the minimum educational requirements of present employment; and

(d) Do not qualify the employee for a new trade or business.

F. Limitations.

[Amended 10-24-1989 by Res. No. 986-1989]

(1) Course approval will be judged on the basis of the department's need, the employee's career development, availability of appropriated funds and whether the application is for a regularly announced formal course conducted by colleges, universities or other educational institutions accredited by the New York State Education Department and the Suffolk County Department of Human Resources, Personnel and Civil Service.

(2) Not more than two courses will be approved for any employee in any semester.

(3) If an employee receives payment for courses from any other source, such as scholarships, grants, G.I. Bill, etc., the County will reimburse no more than the difference, if any, between the amount received from the other source and 75% of the tuition cost.

(4) To receive any reimbursement, course approval must be granted prior to the commencement of the course and in accordance with the provisions of Subsection E of this section.

(5) This program shall not include conferences, workshops, seminars, symposiums and the like which last from one day to several days and for attendance at which employees are allowed time off.

G. Application for approval and reimbursement.

(1) Application forms will be available from the County Executive's Department, Office of Personnel and Labor Relations.

(2) On completion, the application form should be forwarded to the Office of Personnel and Labor Relations to be received by that office prior to the starting date for the academic term in which the course is being held.

(3) The employee will be notified directly by the Office of Personnel and Labor Relations whether or not the application is approved for reimbursement.

§ A6-3 Hiring or promoting relatives of County officials.

[Derived from L.L. No. 30-1979]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

[Amended 6-29-1999 by L.L. No. 26-1999; 9-27-2005 by L.L. No. 24-2005[1]]

ANOTHER COUNTY OFFICIAL

The County Executive; a County Legislator; any other elected official or official appointed to an elected County position or any department head with the power to hire, fire or promote; all Chief Deputy County Executives and Deputy County Executives; all commissioners and deputy commissioners of County departments; or a County police official holding the rank of Captain or above.

IMMEDIATE FAMILY

Spouse or issue.

NOT BEING FILLED PURSUANT TO CIVIL SERVICE EXAMINATIONS

The hiring or promoting to fill unclassified positions and classified positions in the exempt, laborer and noncompetitive class. The restriction shall also apply to competitive class positions but only to the extent that the hiring or promoting is to a provisional, temporary or seasonal position in the competitive class.

PROMOTE

To place a person currently in County employment in another County job title which pays a higher biweekly salary, exclusive of overtime and other fringe benefits. This term shall not include the situation where an employee is moved from part-time to full-time employment in the same job title.

[Amended 5-16-2017 by L.L. No. 16-2017]

RELATIVE

The spouse, issue, brother, sister, parent, brother-in-law, sister-in-law, parent-in-law, niece or nephew.

[1] Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 9-23-2005.

B. Hiring or promotional requirements. Whenever the County of Suffolk desires to hire or promote a person who is a relative of another County official as defined herein, or who is a relative of a County police official holding the rank of Captain or above, for a position not being filled pursuant to New York Civil Service Law competitive examinations or for promotional or supervisory positions in the Suffolk County Police Department, then such hiring or promoting shall not be effective unless or until it is approved by a resolution of the Suffolk County Legislature.

[Amended 8-29-1989 by L.L. No. 32-1989; 6-29-1999 by L.L. No. 26-1999; 9-27-2005 by L.L. No. 24-2005[2]]

[2] Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 9-23-2005.

C. Truth-in-nepotism hiring. Any individual hired or promoted to a position not being filled pursuant to Civil Service Law competitive examinations shall sign a sworn affidavit at least five business days prior to the commencement of employment or the effective date of the promotion stating whether or not such individual is a relative of any County official as defined herein. This appointing authority shall ensure that this affidavit is completed by the individual being hired or promoted. This affidavit shall be filed with the Suffolk County Department of Human Resources, Personnel and Civil Service by the appointing authority prior to the commencement of the employment or promotion. In the event an individual's affidavit indicates that he or she is related to a County official, the Department of Human Resources, Personnel and Civil Service shall immediately notify the appointing authority that a legislative resolution is required to approve the hiring or promotion.

[Added 8-29-1989 by L.L. No. 32-1989; amended 9-27-2005 by L.L. No. 24-2005; 5-16-2017 by L.L. No. 16-2017]

D. Relatives of judges.

[Added 6-25-1996 by L.L. No. 9-1996[3]; amended 5-16-2017 by L.L. No. 16-2017[4]]

(1) The County of Suffolk shall not hire or promote the relative of a Suffolk County District Court Judge, Suffolk County Family Court Judge, Suffolk County County Court Judge, Suffolk County Surrogate, Suffolk County Supreme Court Justice or judge of any court thereto for any position not being filled pursuant to New York Civil Service Law competitive examination.

(2) The restriction in Subsection D(1) may only be waived via a duly enacted resolution of the County of Suffolk, in which case the hiring or promotion shall not take effect unless or until such resolution is enacted into law. The hiring or promotion shall be of such duration as set forth in such resolution.

[3] Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 5-14-1996.

[4] Editor’s Note: This local law also repealed former Subsection D, regarding the requirement of certain elected officials and employees to file an annual statement regarding relatives hired or promoted, added 4-30-1996 by L.L. No. 8-1996, as amended. L.L. No. 16-2017 also redesignated former Subsections E and F as Subsections D and E, respectively.

E. Sanctions.

[Added 8-29-1989 by L.L. No. 32-1989; amended 4-30-1996 by L.L. No. 8-1996; 6-25-1996 by L.L. No. 9-1996[5]; 5-16-2017 by L.L. No. 16-2017]

(1) Any individual who either fails to file an affidavit required by Subsection C of this section, who intentionally files an affidavit containing false statements as to the information required by Subsection C of this section or who intentionally violates Subsection D of this section (i.e., the hiring or promoting authority or official and/or any person who approves the hiring or promotion) shall be guilty of an unclassified misdemeanor punishable by a fine of $1,000 and/or a term of imprisonment not to exceed six months.

(2) In the event that an individual is hired or promoted to a position of County employment in violation of the provisions of this section, then the Suffolk County Comptroller shall seek reimbursement of all wages, salary or other forms of compensation, including the dollar value of fringe benefits paid to said individual during any period of such violation, plus interest in the amount set forth in Subdivision 1 of § 3-a of the New York General Municipal Law, unless the Comptroller determines that the violation of this section occurred through no fault of the person hired or promoted.

[5] Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-4-1996.

§ A6-4 Procedure for implementation of layoffs when positions of employment are abolished.

[Added 1-25-1991 by L.L. No. 5-1991[1]]

A. The following procedure shall apply to the implementation of layoffs when positions of employment in County government are abolished as carried out under § 1200-17 of the Suffolk County Code and all other pertinent provisions of Chapter 1200 of the Suffolk County Code.

(1) If a position of employment in County government or any agency thereof (competitive class, noncompetitive class, labor class or exempt class) is abolished by appropriated budgetary action, i.e., the legal abolition of a budgeted position via a duly enacted resolution of the County of Suffolk or a duly enacted operating budget, and vacant positions as well as filled positions exist for the title slated to be abolished, the County Department of Human Resources, Personnel and Civil Service shall implement the layoff and bump-and-retreat provisions of Chapter 1200 of the Suffolk County Code by treating vacant positions as having been abolished prior to the abolition of any filled position in the same title.

B. No position or title in the Suffolk County Classification and Salary Plan may be reclassified as part of the submission of a proposed County expense budget under § C4-6 of the Suffolk County Charter. Any reclassification of any such position or title shall be effectuated in accordance with recommendations from the County Department of Human Resources, Personnel and Civil Service and subject to the provisions of § C4-32 of the Suffolk County Charter.

[1] Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 1-17-1991.

§ A6-5 Law enforcement examination participation.

[Added 6-30-1998 by L.L. No. 15-1998]

A. No employee of the County of Suffolk involved in law-enforcement activities directly related to the Suffolk County Police Department, the Suffolk County District Attorney's office, the Suffolk County Department of Probation or the Suffolk County Sheriff's Department shall possess any copy of a civil service examination to be given for any position of employment within the Suffolk County Police Department, the Suffolk County District Attorney's office, the Suffolk County Department of Probation or the Suffolk County Sheriff's Department.

B. No employee of the County of Suffolk or other administrative unit of County government involved in law-enforcement activities directly related to the Suffolk County Police Department, the Suffolk County District Attorney's office, the Suffolk County Department of Probation or the Suffolk County Sheriff's Department shall participate in the tutoring, training (nonphysical) or preparation of any candidate for the taking of a civil service examination for any position of employment within the Suffolk County District Attorney's office, the Suffolk County Department of Probation or the Suffolk County Sheriff's Department.

§ A6-6 Police test banding.

[Added 6-29-1999 by L.L. No. 26-1999]

Test banding for the hiring or promotion of County Police Department personnel shall be limited to those instances in which the Personnel Officer of the County of Suffolk certifies, in writing, to the County Executive and to the County Legislature that such police test banding is to be utilized for the sole and exclusive purpose of enhancing minority hiring and representation in the Suffolk County Police Department.