[HISTORY: Adopted by the Town Board of the Town of Babylon 9-25-2019 by L.L. No. 8-2019. Amendments noted where applicable.]
A.
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.
B.
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.
A.
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
be the head of the Department, with the power and authority to appoint
and remove employees under his/her jurisdiction in accordance with
the Civil Service Law and other applicable laws, 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:
[Amended 11-17-2021 by L.L. No. 12-2021]
(1)
Maintain accurate, centralized, updated records on all personnel
employed by the Town.
(2)
Have jurisdiction over the personnel system and perform all functions
necessary and pertinent to the administration of such system.
(3)
Have jurisdiction over employee classifications, employee certifications,
examinations for positions of employment, employee recruitment, and
employee information and training.
(4)
Have jurisdiction over employee education and affirmative action
programs.
(5)
Have jurisdiction over the Employee Assistance Program.
(6)
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.
B.
There shall be a Division of Human Resources within the Department
of Civil Service which shall have the following powers, duties and
responsibilities:
(1)
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.
(2)
Determine eligibility for life insurance benefits for employees.
(3)
Have jurisdiction and control over employee benefits and retirement
benefits.
(4)
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.
(5)
Have jurisdiction and control over the Deferred Compensation Plan.
(6)
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.
(7)
Have jurisdiction and control over departmental orientation and in-service
programs.
C.
The Personnel Officer is empowered herein to appoint a deputy, who
shall generally act for and in her/his behalf, and who shall perform
such duties as are vested in and imposed upon that office by the provisions
of this chapter, by statute or by other lawful authority.
[Added 9-4-2019 by L.L.
No. 9-2019]
D.
The Personnel Officer shall have such powers as shall be necessary
for the proper administration of the department consistent with applicable
provisions of law.
[Added 9-4-2019 by L.L.
No. 9-2019]
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.
