N.Y. Comp. Codes R. & Regs. tit. 22 § 25.36

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.36 - Certification of payrolls

(a) Payroll certification required.

(1) The Chief Administrator of the Courts shall certify to the appropriate disbursing or auditing officer that all persons employed in the classified service are employed in their respective positions in accordance with law and rules made pursuant to law. Such certificate may be executed for and on behalf of the Chief Administrator by an employee thereof duly designated in writing for that purpose. Such certificate may, for cause, be withheld from an entire payroll or from any item or items therein. If the Chief Administrator finds that any person has been promoted, transferred, assigned, reinstated or otherwise employed in violation of the Judiciary Law and this Part, notification shall be made to the appropriate disbursing and auditing officers.

(2) Any person entitled to be certified as provided herein and refused such certificate, or from whom salary or compensation is otherwise unlawfully withheld, may maintain a proceeding under article 78 of the Civil Practice Law and Rules to compel the issuance of such certificate or the payment of such salary, or both, as the case may be.

(b) Certifications. In order to provide for the payment of salary or compensation to employees on any regular scheduled payday, a duly designated representative of the Chief Administrator of the Courts shall furnish to the Chief Administrator, 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 Chief Administrator may require. The appointing authority or its duly designated representative shall certify that the persons named are employed in the performance of duties appropriate to their respective positions and employment as indicated. The Chief Administrator shall examine such forms; and if the Chief Administrator finds that the persons named therein are employed in accordance with law, and rules made pursuant to law, the Chief Administrator shall so certify. The Chief Administrator thereafter shall transmit such forms to the appropriate fiscal or disbursing officer for further audit and payment as required by law.

(c) Extended certifications. The Chief Administrator of the Courts may certify the employment of a person for an extended period without time limitation or, in the case of employment subject to a time limitation, for such limited period as may be applicable. No further certification shall be necessary for the payment of salary or compensation to such person, so long as his or her title, salary grade and status remain unchanged during the stated limited period, if any, of his or her employment. The Chief Administrator may at any time examine any payroll to determine that any person is employed in accordance with this Part. Nothing herein shall be construed to prevent or preclude the Chief Administrator from terminating or rescinding a certification at any time by giving notice thereof to the appropriate fiscal or disbursing officer.

(d) Temporary certifications. When the name of any person is first submitted for certification following his or her appointment, reinstatement, promotion, transfer or other change in status, and the Chief Administrator of the Courts requires further information or time to enable a final determination to be made thereon, the Chief Administrator may certify such person temporarily pending such final determination. In such event, the Chief Administrator shall immediately request the necessary additional information. If such information is not furnished promptly, or if the Chief Administrator finds, following receipt of such information, that the employment of such person is not in accordance with the law and rules, the Chief Administrator shall immediately terminate such certification by notice to the appropriate fiscal or disbursing officer.

(e) Effect of certification. Notwithstanding the provisions of this section, the Chief Administrator of the Courts, in any certificate issued pursuant to this section, shall not be required or deemed to attest that the salary or rate of compensation indicated for such person is that to which he or she is eligible or entitled pursuant to law.

(f) Refusal or termination of certification.

(1) Upon satisfactory evidence of intention to evade the provisions of any law or this Part in assigning any employee to perform duties other than those for which he or she was examined and certified or under any title not appropriate to the duties to be performed, the Chief Administrator of the Courts shall refuse certification or shall terminate a certification previously made and then in force.

(2) Any officer who shall willfully pay or authorize the payment of salary or compensation to any person in the classified service of the Unified Court System with knowledge that the Chief Administrator of the Courts has refused to certify the payroll, estimate or account of such person, or after due notice from the Chief Administrator that such person has been appointed, employed, transferred, assigned to perform duties or reinstated in violation of any of the provisions of this Part, shall be subject to the provisions of section 101 of the Civil Service Law and such court proceedings as are provided by section 102 of the Civil Service Law.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.36