9 CRR-NY 9976.2NY-CRR
9 CRR-NY 9976.2
9 CRR-NY 9976.2
9976.2 Procedures.
(a) A request for an exemption may be made either by an individual employee or by an employee organization or local agency acting on behalf of employees who share the same title or job classification. The request shall be filed with the commission by April 1st of the year for which the exemption is requested. However, in the event that an employee files pursuant to local law, ordinance, or resolution, and that local law, ordinance, or resolution prescribes a date for filing the annual statement which is earlier than May 15th, then that request shall be made at least 45 days before that filing date.
(b) The request for an extension shall be mailed to the commission by certified mail, or shall be delivered by hand. Upon request, a receipt shall be issued for a hand delivery.
(c) The request for exemption shall include the following information:
(1) if the request is made on an individual basis, the name and home and business address of the employee; if the request is made on behalf of employees sharing the same title or job classification, the name of the employee organization or local agency making the request and the name and address of the individual authorized to make the request for that employee organization or local agency;
(2) the title or job classification of the position for which the exemption is sought;
(3) if the request is being made by a local agency or employee organization, a list of all local agencies within the political subdivision where the title or job classification is located;
(4) a copy of the job description or specification for the title or job classification for which the exemption is requested;
(5) a statement, accompanied by supporting documentation, that the title or job classification does not involve the performance of disqualifying duties.
(d) The request for exemption must be signed by the employee requesting the exemption or by the authorized representative of the employee organization or local agency making the request on behalf of employees with the same title or job classification.
(e)
(1) An individual or employee organization which files a request for exemption must also file a copy of the request with the appointing authority of the local agency or agencies where the title or job classification is located.
(2) Within seven working days the appointing authority may file a written objection to the request with the commission, based solely on the ground that the duties of the title or job classification do not permit an exemption to be granted. The appointing authority shall also send forthwith a copy of the objection to the individual or employee organization, as appropriate.
(3) The individual or employee organization, as appropriate, may within seven working days file a written response to the objection of the appointing authority with the commission. The written response shall also be filed with the appointing authority.
(4) Should no filing under paragraph (2) or (3) of this section occur within the time limits provided, the commission may act upon the request for exemption based on the material available to it.
9 CRR-NY 9976.2
Current through September 15, 2021
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