Title 4 Part 6

In order to provide for the payment of salary or compensation to officers and employees on any regular scheduled payday, the appointing authority shall furnish to the Civil Service Department, on prescribed forms, at least five days before the same is required by the appropriate fiscal or disbursing officer, the names of the persons to be paid, the title of the position held or kind of service performed by each, the rate of compensation, and such other information as the Civil Service Department may require. Such appointing officer shall certify that the persons named are employed in the performance of duties appropriate to their respective positions and employments as indicated. The Civil Service Department shall examine such forms; and if it finds that the persons names therein are employed in accordance with law, and rules made pursuant to law, it shall so certify. The Civil Service Department thereafter shall transmit such forms to the appropriate fiscal or disbursing officer for further audit and payment as required by law.

The Civil Service Department may certify the employment of a person for a limited or extended period. No further certification shall be necessary for the payment of compensation to any such person so long as his status remains unchanged during the stated limited period, if any, of his employment. The Civil Service Department, however, may at any time examine the payroll of any department, agency or authority for any period, and shall examine such a payroll at least once each year to determine that all persons employed in such department, agency or authority are employed in accordance with the Civil Service Law and rules. Nothing in this section shall be construed to prevent or preclude the Civil Service Department from terminating or rescinding a certification at any time by giving notice thereof to the appropriate fiscal or disbursing officer.

When the name of any person is first submitted for certification following his appointment, reinstatement, promotion, transfer, or other change in status, and the Civil Service Department requires further information or time to enable it to make a final determination thereon, the department may certify such person temporarily pending such final determination. In such event the department shall immediately request the necessary additional information from the appointing authority, who shall furnish the same forthwith. If such information is not furnished promptly, or if the Civil Service Department finds, following receipt of such information, that the employment of such person is not in accordance with the law and rules, the department shall immediately terminate such certification by notice to the appropriate fiscal or disbursing officer.

Upon satisfactory evidence of intention to evade the provisions of the law or this Chapter in assigning any employee to perform duties other than those for which he was examined and certified or under any title not appropriate to the duties to be performed, the Department of Civil Service shall refuse certification or shall terminate a certification previously made and then in force.

No question in any examination or application or other proceeding by or under the State commission or department or their examiners shall be so framed as to elicit information concerning, nor shall any other attempt be made to ascertain, the political opinions or affiliations of any applicant, competitor or eligible, and all disclosures thereof shall be discountenanced by the commission or department and its examiners. No discrimination shall be exercised, threatened or promised against or in favor of any applicant, competitor or eligible because of his political opinions of affiliations.

No officer or employee regularly employed in a position in the classified service in any State department or agency shall, while continuing to hold such position, accept appointment or employment in any other position or title, or in any capacity whatsoever, on a full-time or part-time basis, either in the classified or unclassified service, in another Sate department or agency, or in the Legislature or the judiciary, for which employment compensation or salary is payable, without the previous consent in writing of the head of the department or agency in which he is regularly employed. Such written consent shall be required, in each case, for each such additional appointment or employment accepted or undertaken by such officer or employee, and a copy thereof shall be filed by the head of the department or agency in the office of the Comptroller. A willful violation of the provisions of this section shall be deemed sufficient cause for disciplinary action, including removal. This section shall not apply to the employment by the Department of Civil Service of an officer or employee of another department or agency of the State to act as an examiner in a civil service examination or examinations or to prepare or review test questions, appeals from examination ratings or other examination materials.