Political tests for appointment to the public service in New York State
NYPPL trivia – January 2011
Subdivision 1 of §107 of the Civil Service Law essentially prohibits “Recommendations based on political affiliations.” Subdivision 1, in pertinent part, provides that “No recommendation or question under the authority of [the Civil Service Law] shall relate to the political opinions or affiliations of any person whatever; and no appointment or selection to or removal from an office or employment within the scope of [the Civil Service Law] or the rules established thereunder, shall be in any manner affected or influenced by such opinions or affiliations.
Subdivision 2 of §107 prohibits “Inquiry concerning political affiliations.” Subdivision 2, in pertinent part, provides that “No person shall directly or indirectly ask, indicate or transmit orally or in writing the political affiliations of any employee in the civil service of the state or of any civil division thereof or of any person dependent upon or related to such an employee, as a test of fitness for holding office.”
However, in some instances an individual’s political affiliation determines his or her eligibility for appointment to a position in public service in New York State as a matter of law. Name one such position.
E-mail your answer to NYPPL at publications@nycap.rr.com with the word “Trivia - 2011” in the subject line on or before January 31, 2011. Only the first entry submitted by an individual will be considered. The correctness of the answer submitted by an individual shall be determined by solely by NYPPL.
The individual submitting the "first correct entry" will receive a free copy of the 2011 edition of The Discipline Book, [regular price $195] upon its publication later this year. In the event more than one correct entry is received, the “first correct entry” will be determined by NYPPL’s making a selection at random from among the “correct e-mails” received on or before January 31, 2011.
Your submission of an entry constitutes your agreement to above terms and conditions.
.
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com