There shall be a Department of Civil Service, the head of which
shall be the Personnel Officer. He or she shall be appointed by the
County Executive with the approval of the County Legislature for a
six-year term of office. The Personnel Officer shall, within the appropriations
provided, appoint such officers and employees of said Department as
may be established by action of the County Legislature.
The civil service system within the County shall be administered
by the Department of Civil Service under the supervision and direction
of the Personnel Officer, who shall have all the powers and duties
of a municipal civil service commissioner and shall perform such other
responsibilities as may be assigned by the County Executive and/or
the County Legislature, including, but not limited to, the following:
(1)
Maintain accurate, centralized, updated records on all personnel
employed by the County.
(2)
Have jurisdiction over the payroll/personnel system as needed to
certify the payroll and other civil service requirements.
(3)
Have jurisdiction over employee classifications, employee certifications,
and examinations for positions of employment.
(4)
Have jurisdiction and control over the administration of all County
salary plans.
(5)
Have jurisdiction and control over the Deferred Compensation Plan.
(6)
Review
and maintain a record of the Management Compensation Plan and have
jurisdiction over the recommendation of salary grades for County positions,
subject to the power of the County Executive and County Legislature
to implement, approve, modify and administer such compensation plans.
Residency requirements.
(1)
As used in this subdivision, the following terms shall have the meanings
indicated:
(a)
COUNTY OFFICER — Any elected or appointed official or individual
appointed to serve on a County board or commission, either paid or
voluntary, which has the power to set binding policy on behalf of
Suffolk County.
(b)
COUNTY SERVICE — Service as an officer or employee for the
County of Suffolk, or any agency thereof.
(c)
EXEMPT CLASS — Shall have that definition afforded to it in
§ 41 of the New York Civil Service Law.
(d)
NONCOMPETITIVE CLASS — Shall have that definition afforded
to it in § 42 of the New York Civil Service Law.
(e)
RESIDENCE — Domicile.
(f)
RESIDENT — Domiciliary.
(2)
Except where Suffolk County residence may be required by local law,
or is otherwise exempt from the residence requirements of this section
pursuant to Subdivision B, Paragraph (4) of this section, as a condition
of County employment, any Suffolk County officer or employee whose
position is in Bargaining Unit 21 and in the unclassified service,
the exempt class, or the noncompetitive class excluded from protection,
shall be required to be a resident of either the County of Suffolk
or the County of Nassau within five years of commencing employment,
provided that the County Executive has issued a statement of need,
not subject to legislative review, for the employment of such officer
or employee. If any such employee is employed as the Chief Deputy
County Executive, at the Board of Elections, the Department of Law,
or any department, agency or unit of Suffolk County government where
the appointing authority is an elected official other than a Suffolk
County executive, the employee shall be a resident of Suffolk County
as otherwise prescribed by this section.
(3)
Except as may otherwise be provided by this section or other local
law, on and after the effective date of Local Law No. 14-1987, any
person entering service as an officer or employee of the County of
Suffolk shall have his or her residence within the County of Suffolk
within five years of commencing employment. Once the five-year grace
period has concluded, any such person shall maintain such residence
within the County of Suffolk during the person's entire term of County
service.
(4)
Exemptions.
(b)
This subdivision shall not apply
to the following positions of County service:
i.
Deputy Medical Examiner.
ii.
Deputy Medical Examiner (Pathologist).
iii.
Medical Forensic Investigator.
iv.
Physician.
v.
Physician I.
vi.
Physician II.
vii.
Physician III.
viii.
Pediatrician.
ix.
Resident Physician.
x.
Psychiatrist I.
xi.
Psychiatrist II.
xii.
Psychiatrist III.
xiii.
Clinical Nurse Practitioner.
xiv.
Biostatistician.
xv.
Medical Program Administrator.
xvi.
Forensic Scientist I.
xvii.
Forensic Scientist II.
xviii.
Forensic Scientist III.
xix.
Forensic Scientist IV.
xx.
Forensic Scientist Trainee.
xxi.
Public Health Nurse I.
xxii.
Licensed Practical Nurse.
xxiii.
Dietician.
xxiv.
Chief Crime Laboratory.
xxv.
Chief Toxicology Laboratory.
xxvi.
Registered Nurse.
xxvii.
Nurses Aide.
xxviii.
Chief Medical Examiner.
xxix.
Pharmacist.
xxx.
Physician's Assistant I.
xxxi.
Physician's Assistant II.
xxxii.
Dental Director Health Services.
xxxiii.
Principal Assistant District Attorney.
xxxiv.
Deputy Bureau Chief.
xxxv.
Bureau Chief.
xxxvi.
Division Chief.
xxxvii.
Chief Assistant District Attorney.
xxxviii.
Assistant Special Investigator.
xxxix.
Special Investigator.
xl.
Detective Investigator.
xli.
Senior Detective Investigator.
xlii.
Deputy Chief Detective Investigator.
xliii.
Chief Detective Investigator.
xliv.
Assistant to the District Attorney.
xlv.
Supervising Psychologist.
xlvi.
Public Health Nurse II.
xlvii.
Public Health Nurse III.
xlviii.
Public Health Nurse IV.
xlix.
Jail Medical Attendant.
l.
Assistant
Public Health Engineer (trainee).
li.
Assistant Public Health Engineer.
lii.
Public Health Engineer.
liii.
Senior Public Health Engineer.
liv.
Associate Public Health Engineer.
lv.
Principal Public Health Engineer.
lvi.
Chief Public Health Engineer.
lvii.
Correction Officer 1.
lviii.
Correction Officer 2.
lix.
Correction Officer 3.
lx.
Correction Officer 4.
lxi.
Deputy Warden.
lxii.
Deputy Sheriff I.
lxiii.
Deputy Sheriff II.
lxiv.
Deputy Sheriff III.
lxv.
Deputy Sheriff IV.
(c)
An officer or employee of the County of Suffolk, or any agency thereof, who satisfied residency requirements when he or she entered County service, may apply, in writing, to the County Classification and Salary Appeals Board (Board), constituted under § 888-5 of the Suffolk County Code, for the purpose of requesting a temporary or permanent waiver of the provisions of this section. The Board is hereby empowered and authorized to grant such a waiver by a majority vote of the entire membership of said Board upon a showing by the applicant that a substantial hardship, either personal, economic or financial, upon said applicant and/or his immediate family will be caused by the continued application of this section to the applicant under the circumstance surrounding his or her employment situation. For the purposes of this paragraph, “immediate family” shall mean spouse, child, adopted child, parents, grandparents or grandchildren. The Board may impose such conditions on the grant of such a waiver as it deems fit and shall make a determination within 60 days after receiving such an application. The Board may also issue and promulgate such rules and regulations as it shall deem fit to implement the provisions of this paragraph of this section.
(5)
Rules of construction.
(a)
In the event that any other provision of law shall require a person
to maintain a residence in a town, village, district or other locality
of the County as a condition of qualifying for a particular position
within County service, this section shall not be construed to permit
such person to maintain a residence at any other location within the
County of Suffolk.
(b)
This subdivision shall not be construed as applying to members of
the faculty, both professional and teaching employees, of the Suffolk
County Community College.
(c)
The Civil Service Law of the State of New York is a general law which
may not be superseded by the County of Suffolk. If there is a conflict
between any paragraph, sentence, phrase or word in this section and
the Civil Service Law, the provisions of the Civil Service Law shall
apply.
For purposes of the Suffolk County Charter, Suffolk County Administrative
Code and Suffolk County Code, references to the Department of Human
Resources, Personnel and Civil Service shall be deemed to refer to
the Department of Civil Service, unless otherwise stated in the applicable
section.
