N.Y. Laws » CHAPTER Civil Service / ARTICLE Civil Service Administration / TITLE Organization and Functions of Municipal Civil Service Commissions
New York Consolidated Laws

N.Y. Civil Service Law § 20 (2026)

Rules

✓ current as of May 2026
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§ 20. Rules. 1. Scope of rules. Each municipal civil service
commission shall prescribe, amend and enforce suitable rules 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
rules for the jurisdictional classification of the offices and
employments in the classified service under its jurisdiction, for the
position classification of such offices and employments, for
examinations therefor and for appointments, promotions, transfers,
resignations and reinstatements therein, all in accordance with the
provisions of this chapter. Nothing in this chapter or any other law
shall be construed to require that positions in the competitive class be
specifically named or listed in such rules, or that the salary grade to
which a position in any jurisdictional class is allocated be specified
in such rules.
  2. Procedure for adoption of rules. Such rules, and any modifications
thereof, shall be adopted only after a public hearing, notice of which
has been published for not less than three days, setting forth either a
summary of the subject matter of the proposed rules or modifications or
a statement of the purpose thereof. Except for the city of New York,
notice shall be given to any person or agency filing written request,
such request to be renewed yearly in December, for notice of hearings
which may affect such person or agency. Such notification shall be made
by mail to the last address specified by the person or agency at least
thirty days prior to the public hearing. Unless otherwise provided by
statute, a fee consisting of the cost of handling and postage may be
charged for such notice.  Notwithstanding the provisions of this
subdivision, however, notice and public hearing shall not be required
upon the adoption or modification of a rule which is required by reason
of a change in any statute in order to conform the rule to such statute.
The rules and any modifications thereof adopted by a county civil
service commission or county personnel officer or by a regional civil
service commission or regional personnel officer shall be valid and take
effect only upon approval of the state civil service commission.  The
rules and any modifications thereof adopted by a city civil service
commission or city personnel officer shall be valid and take effect only
upon approval of the mayor or a deputy mayor designated in writing by
the mayor, such designation to be filed in the offices of the state
civil service commission, and the municipal civil service commission, or
city manager or other authority, as the case may be, having the general
power of appointment of city officers and employees, and the state civil
service commission; provided, however, that where the mayor, deputy
mayor or city manager, or other authority, as the case may be, fails to
approve or disapprove a rule or modification thereof within thirty days
after the same has been submitted to him, such rule or modification
thereof shall be deemed to be approved by him. The rules and any
modifications thereof adopted by a suburban town civil service
commission in such a town described in subdivision four of section two
of this chapter or personnel officer of such a suburban town shall be
valid and take effect only upon approval of the state civil service
commission.  Notwithstanding any other provision of this chapter, when a
resolution of a municipal commission submitted to the state commission
for approval includes a provision proposing the classification of a
position in the exempt class, the state commission, if it determines
that such position should properly be classified in the non-competitive
class, may amend such provision, with the consent of the municipal
commission, to classify such position in the non-competitive class and
approve such resolution as so amended. Any such rule or modification
thereof shall be filed with the secretary of state within thirty days
after final approval thereof by the state civil service commission. Such
rules shall have the force and effect of law when filed with the
secretary of state.
  3. State civil service commission to promulgate rules.  Upon the
establishment of a municipal or regional civil service commission, or
the office of municipal or regional personnel officer, it shall be the
duty of such commission or personnel officer, upon appointment, to adopt
and procure the approval of the rules herein provided for, and, upon
failure to do so within sixty days after appointment, the state civil
service commission shall forthwith make such rules.
Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1976–2022 · leading case: Joyce v. Ortiz, 108 A.D.2d 158 (N.Y. App. Div. 1985).
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Joyce v. Ortiz, 108 A.D.2d 158 (N.Y. App. Div. 1985). · cites it 3× “) However, reclassification of a position from the competitive to the noncompetitive or exempt class can only be accomplished by the manner set forth in Civil Service Law § 20. (See also, NY City Charter § 1105.”
In re the Arbitration between Jandrew & Cnty. of Cortland, 84 A.D.3d 1616 (N.Y. App. Div. 2011). “In so arguing, respondents cite to Civil Service Law § 20, which authorizes a municipal civil service commission to adopt rules that will have the force and effect of law (see Matter of Albano v Kirby, 36 NY2d 526, 529 [1975]). Pursuant to this authority, the County enacted rule…”
Colao v. Vill. of Ellenville, 223 A.D.2d 792 (N.Y. App. Div. 1996). “This commission is vested with the authority to establish rules for the conditions and extent of probationary service (see, Civil Service Law § 63 [2]), which, when promulgated, have the force and effect of law (see, Matter of Albano v Kirby, 36 NY2d 526, 529 ; see also, Civil…”
Gallagher v. City of New York, 307 A.D.2d 76 (N.Y. App. Div. 2003). “In 1998, the Department of Citywide Administrative Services (DCAS), the agency charged with the responsibility of implementing the merit system within the City of New York (Civil Service Law § 20), announced that it would accept applications for two civil service examinations…”
Nickels v. New York City Hous. Auth., 208 A.D.2d 203 (N.Y. App. Div. 1995). “The Rules of the New York City Personnel Director govern the Housing Authority and its Police Department, and have "the force and effect of law” (Civil Service Law § 20 [2]). Rule 6.1.2 (59 RCNY Appendix A) also provides full civil service protection for personnel transferred…”
Martin v. Hennessy, 147 A.D.2d 800 (N.Y. App. Div. 1989). “1746 is void as an attempt to reclassify the position of Executive Director from the exempt class to one of the classes that are afforded the protection of Civil Service Law § 75 (1) without following the requisite procedures of Civil Service Law § 20 (see, Matter of Joyce v…”
Wheeler v. Parker, 546 F. Supp. 2d 7 (N.D.N.Y. 2008). · cites it 2× “) ¶ 5), and the deposition testimony of defendants Potter and Parker, who state their belief that no District employee is entitled to a pre-termination hearing.”
Lutz v. Krokoff, 35 Misc. 3d 841 (N.Y. Sup. Ct. 2012). “Once adopted and filed, these rules have the force and effect of law (Civil Service Law § 20; Matter of Jandrew [County of Cortland], 84 AD3d 1616, 1619 [2011]).”
Levitt v. Civil Serv. Comm'n, 150 A.D.2d 983 (N.Y. App. Div. 1989). “At issue is whether Supreme Court erred in concluding that respondent Civil Service Commission (hereinafter the Commission) had a rational basis for withholding its approval (see, Civil Service Law § 20 [2]) of petitioners’ resolution reclassifying the position of deckhand as…”
Ficken v. Vocational Educ. & Extension Bd. of Suffolk, 201 A.D.2d 481 (N.Y. App. Div. 1994). “Employees in several of these subcategories are given certain procedural and substantive protections under Civil Service Law § 75 before they can be discharged from their positions (see, e.”
McShane v. City Civil Serv. Comm'n, 51 A.D.2d 521 (N.Y. App. Div. 1976). “This statute specifically states that the appropriate municipal commission may investigate the qualifications of an eligible after he has been appointed and "may revoke such eligible’s certification and appointment and direct that his employment be terminated, provided, however,…”
Gramando v. Putnam Cnty. Pers. Dep't, 58 A.D.3d 842 (N.Y. App. Div. 2009). “Rules prescribed by a municipal civil service commission for carrying into effect the provisions of the Civil Service Law, when *845 filed with the Secretary of State, have the force and effect of law (see Civil Service Law § 20 [1], [2]). Here, Eldridge ultimately determined…”
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N.Y. Civil Service Law § 20(1): 1 case
Wheeler v. Parker, 546 F. Supp. 2d 7 (N.D.N.Y. 2008). “) ¶ 5), and the deposition testimony of defendants Potter and Parker, who state their belief that no District employee is entitled to a pre-termination hearing.”
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