.111 Article 5, Section 6 of the New York State Constitution was adopted by the People of the State at the Constitutional Convention of 1894. It directs that initial appointments and promotions to positions in the Classified Service of the State and political subdivisions shall be filled pursuant to examination which, insofar as practicable, shall be competitive. Thus, all Classified Service positions are presumptively in the Competitive Jurisdictional Class, unless classified otherwise by the Civil Service Commission.
.112 Information about the Civil Service Commission can be found at www.cs.state.ny.us/commission.
.121 The Civil Service Law expands upon the constitutional prescriptive with a framework for the organization of the Civil Service. Section 35 of the Civil Service Law divides the Civil Service into the Classified and Unclassified Services.
.122 Section 40 of the Civil Service Law defines the Classified Service as all positions not in the Unclassified Service. Positions in the Classified Service are further divided into four (4) jurisdictional classes: Competitive, Non-competitive, Exempt, and Labor. The classification of positions in these jurisdictional categories by the Civil Service Commission determines the scope of the Competitive Class of the Classified Service. This activity of the Civil Service Commission should not be confused with position classification, as defined in Section 118 of the Civil Service Law. However, the processes are of necessity intertwined and determinations in both activities form the basis for Statewide title plan management (See SPMM Section 0800).
.123 The Unclassified Service is legislatively defined. It includes positions such as elected officials, department and agency heads, and all academic personnel in public schools, colleges, and universities.