Sullivan County, NY Part 2 Civil Service Reform Act

[Adopted 7-10-1989 by L.L. No. 4-1989]

Article VIII General Provisions

§ 70-30 Deputies and employees placed in classified service.

All deputies and employees of the Sheriff of Sullivan County are hereby placed in the classified service of civil service and shall be employed in the classified service of civil service and shall be employed in accordance with the provisions of the Civil Service Law of the State of New York and shall be subject to and governed by such law and the Sullivan County Civil Service Rules and Appendices.

§ 70-31 Existing employees, appointments and promotions.

[Amended 11-8-1990 by L.L. No. 10-1990]

A. Status of existing employees. All such deputies and employees of the Sheriff of Sullivan County who have served on a permanent basis or would have attained permanent status but for the enactment of this Part 2, in duly established positions existing before January 1, 1990, shall continue to hold such positions on a permanent basis, without examination, and shall have the privileges of the civil service jurisdictional classification to which such positions may be allocated; provided, however, that after December 31, 1989, all new positions created and vacancies occurring in existing positions shall be filled in accordance with the provisions of this Part 2; provided, further, that such employees employed after July 10, 1989, and on or before December 31, 1989, shall be permanently appointed by the Sheriff to the position held by such employee.

B. Appointments and promotions after December 31, 1989, and before July 1, 1991.

(1) Appointments and promotions occurring after December 31, 1989, and before July 1, 1991, to positions other than Deputy Sheriff positions shall be made on the basis of qualification standards as prescribed by the Personnel Officer, and such other examination or recruitment requirements as are set forth in the Civil Service Law of the State of New York and the Sullivan County Rules for the Classified Service.

(2) Appointments and promotions occurring after December 31, 1989, and before July 1, 1991, to Deputy Sheriff positions, and which occur before the establishment of the appropriate eligible lists, as determined by the Personnel Officer, shall be made on the basis of qualification standards prescribed by the Personnel Officer and the Sheriff; provided, however, that appointments and promotions to Deputy Sheriff (patrol) positions shall also require adherence qualification standards prescribed by the Municipal Police Training Council and such other requirements as are set forth in § 58 of the Civil Service Law. Such appointments or promotions shall be made on a permanent basis subject to completion of a probationary period as set forth in the Sullivan County Rules for the Classified Service.

(3) Appointments and promotions occurring after December 31, 1989, and before July 1, 1991, to Deputy Sheriff positions and which occur after the establishment of appropriate eligible lists, as determined by the Personnel Officer, shall be made on the basis of qualification standards prescribed by the Personnel Officer and the Sheriff; provided, however, that appointments or promotions to positions of Deputy Sheriff (patrol) shall also require adherence to qualification standards prescribed by the Municipal Police Training Council and such other requirements as are set forth in § 58 of the Civil Service Law. Such appointments or promotions shall be made on a permanent basis from the eligible list; provided, however, that appointments or promotions made after the establishment of an appropriate eligible list and on or before June 30, 1991, can be made without regard to the individual's relative standing on the eligible list. Said appointments shall be subject to completion of a probationary period as set forth in the Sullivan County Rules for the Classified Service.

C. Appointments and promotions occurring after June 30, 1991. Unless otherwise provided by law or court decision, and notwithstanding any limitations therein contained, appointments and promotions occurring after June 30, 1991, to all Deputy Sheriff Corrections positions shall be made in accordance with the provisions of § 70-31B(1) of this Part 2 and to all Deputy Sheriff Patrol, Deputy Sheriff Civil or Deputy Sheriff Youth positions shall be made in accordance with the provisions of § 70-31B(3) of this Part 2.

§ 70-32 Powers of Sheriff unimpaired.

Except where inconsistent with the law, the Sheriff shall have and exercise all the powers and duties now and hereafter conferred or imposed by any law applicable to the Sheriff and such other duties as may be imposed by law.

§ 70-33 Liability assumed by County of Sullivan.

[Amended 11-8-1990 by L.L. No. 10-1990]

Subject to the provisions of law, any act or omission of any employee of the county in the office of Sheriff done or made in the performance of an official duty or for the performance of which the county is paid or receives compensation or fee, shall be the act or omission of the county and the damages, if any, resulting therefrom shall be deemed the liability of the County of Sullivan.

§ 70-34 Liability not assumed by County of Sullivan.

Nothing contained in this Part 2 shall make the county responsible for the acts of the Sheriff thereof nor the undersheriff, nor relieve said Sheriff from any liability to which the Sheriff is lawfully subject.

§ 70-35 Employees now in classified service.

[Amended 11-8-1990 by L.L. No. 10-1990]

Nothing herein contained in this Part 2 shall apply to or otherwise affect the status of those employees of the Sheriff who are in the classified service as of July 9, 1989, or who became classified as a result of the adoption of this Part 2. The status of such employees shall continue for all purposes as if this Part 2 had not been adopted.