[HISTORY: Adopted by the Town Board of the Town of Babylon 9-25-2019 by L.L. No. 8-2019. Amendments noted where applicable.]
Department established. There shall be in the Town of Babylon a department designated as the Department of Civil Service. The purpose of the Department is to assist the Town Board in establishing standards for and to develop procedures thereon covering individual job performance with the objective of counseling and utilizing personnel to the best advantage, improving efficiency and effectiveness, to recommend to the Town Board standards and procedures with reference to Town personnel and to exercise such powers and perform such duties as may be conferred and imposed by or pursuant to the Civil Service Law. The establishment of the Department constitutes an election and authorization pursuant to § 16, Subdivision 1(b), of the Civil Service Law of the State of New York to withdraw the Town of Babylon from its existing form of administration of the Civil Service Law by the Suffolk County Personnel Officer and the Suffolk County Department of Civil Service.
Position established. The principal executive officer and administrative head of such Department of Civil Service shall be the Personnel Officer pursuant to § 15, Subdivision 1(b), of the Civil Service Law of the State of New York, who shall be appointed by the Town Supervisor with the approval of the Town Board at such salary as may from time to time be determined by the Town Board. The Personnel Officer shall be appointed upon the basis of his administrative experience and qualifications for the duties of such office and such additional standards as may be required by the Town Board.
The term of office of the Personnel Officer shall be for six years.
Except as provided in this chapter, the Town of Babylon Personnel Officer shall have, with reference to the Civil Service of the Town of Babylon, the powers and duties of a municipal civil service commission as provided in the Civil Service Law of this state, and shall be subject to supervision and control by the State Civil Service Commission as are municipal civil service commissions. The Personnel Officer shall further have general supervision over all the employees assigned to his/her office and, when authorized by the Town Board, to appoint all members of his/her staff and shall perform such other responsibilities as may be assigned by the Town Supervisor and/or the Town Board, including, but not limited to, the following:
Maintain accurate, centralized, updated records on all personnel employed by the Town.
Have jurisdiction over the personnel system and perform all functions necessary and pertinent to the administration of such system.
Have jurisdiction over employee classifications, employee certifications, examinations for positions of employment, employee recruitment, and employee information and training.
Have jurisdiction over employee education and affirmative action programs.
Have jurisdiction over the Employee Assistance Program.
Shall assist Town departments in the recruitment of new personnel and have responsibility for the planning, design and administration of training programs for Town employees other than departmental orientation and in-service programs.
There shall be a Division of Human Resources within the Department of Civil Service which shall have the following powers, duties and responsibilities:
Have jurisdiction and control over the enrollment of Town employees in unemployment insurance, tuition reimbursement plans, and such other programs as may be approved by duly enacted resolution of the Town Board.
Determine eligibility for life insurance benefits for employees.
Have jurisdiction and control over employee benefits and retirement benefits.
Have jurisdiction and control over all Occupational Safety and Health Administration (OSHA) related matters that affect the safety, health and well-being of Town employees, including all functions and programs performed by the Town Safety Officer.
Have jurisdiction and control over the Deferred Compensation Plan.
Have jurisdiction and control over the enrollment of Town employees in retirement plans, in such health insurance plans as may be approved by the Town Board and in such other employee benefit programs as may be approved by action of the Town Board.
Have jurisdiction and control over departmental orientation and in-service programs.
All officers and employees of the Town of Babylon and of all departments, offices, institutions and agencies thereof shall be members of the classified service, except the following:
The offices and positions in the classified service of the Town of Babylon shall be arranged in classes and filled in the same manner as now or hereafter provided by the Civil Service Law of this state in the case of offices and positions in the classified service of suburban towns, provided that the classification of offices and positions in force on the date on which this chapter becomes effective in the Town of Babylon shall continue in force until modified by rules and regulations adopted in due course by the Town of Babylon Department Civil Service subject to the control and supervision of the State Civil Service Commission.
In addition to such provisions as may limit removal or disciplinary action with regard to employees, as set forth in the Civil Service Law of the State of New York, and the rules for the classified service of the Town of Babylon as promulgated by the Town of Babylon Department of Civil Service, no employee of the Town of Babylon in the noncompetitive class or labor class of the Civil Service who has been in the service of the Town of Babylon continuously for a period of six months from the date of his/her appointment shall be removed or otherwise subjected to any disciplinary penalty except for incompetency or misconduct shown after a hearing upon stated charges in the manner provided in § 75 of the Civil Service Law of the State of New York, or in a manner as otherwise provided in a collective bargaining agreement. Nothing contained herein shall be deemed to limit removal of an employee at the end of or during the term of probation, except as provided by rule of the Town of Babylon Department of Civil Service.
The status of persons in the classified service of the Town of Babylon on the date on which this chapter becomes effective in the Town of Babylon, including pension rights, shall not be affected by this chapter.
It shall be the duty of the Town of Babylon Department of Civil Service to make investigations concerning the enforcement and effect of this chapter, and to do everything in its power to secure observance of the spirit and letter of the Civil Service Law.
This chapter is adopted as a local law pursuant to Article IX of the New York State Constitution, § 10 of the Municipal Home Rule Law, § 16, Subdivision 1(b), and § 15, Subdivision l(b), of the Civil Service Law of the State of New York. Upon the establishment of the Town of Babylon Department of Civil Service, it shall be the duty of the personnel officer, upon appointment, to adopt and procure the approval of the rules, and, upon failure to do so within 60 days after appointment, the state civil service commission shall forthwith make such rules.
This chapter shall take effect not less than one year from the time of such election.