New York § 44 - 44Appropriations for personal service; general

§ 44. 44Appropriations for personal service; general

§ 44. Appropriations for personal service; general. 1. The salary or compensation of any officer or employee, when not prescribed by law, for which an appropriation is made or for which an allocation has been approved pursuant to law by the director of the budget, may be fixed by the department, official or officials appointing such officer or employee subject to the approval of the director of the budget and at an amount less than but not greater than the amount so appropriated or allocated for the salary or compensation of such officer or employee; and when any appropriation is made or allocation approved pursuant to law by the director of the budget for compensation at a per diem rate for a stated number of days, the department, official or officials employing such employee shall have the authority to employ in the position the number of employees for whom compensation is provided in the appropriation or allocation, calculating one employee for each three hundred days, the provisions of any general or special statute to the contrary notwithstanding. No appropriation or allocation shall be available for the salary or compensation of any regular officer or employee whose employment or office is not specified in the act containing the appropriation or in the allocation approved by the director of the budget unless his appointment or employment is expressly authorized. 2. Any appropriations for salary, compensation or expenses shall be the salary, compensation or expenses for one year of the officer, employee, office, board, department, commission or bureau for whom or which the same is appropriated, notwithstanding existing provisions of any other statute fixing the annual salary, compensation or expenses of such officer or employee or the expenses of such office, board, department, commission or bureau at a different amount. 3. In identifying and connecting any officer or employee, other than a legislative or judicial officer or employee, with his office or position, for the purposes of this section, the state comptroller, the state civil service commission and the heads of departments shall be governed by a certificate of identification certified to them by the director of the budget, and such certificate shall have the force and effect of law for such purposes. 4. When in any act an appropriation is made for personal service and is accompanied by a schedule showing positions and salaries, no part of such appropriation shall be expended for a purpose or position not enumerated in such schedule nor shall any schedule item be exceeded; provided, however, that upon the approval of the director of the budget and the state civil service commission where the position involved is in the classified civil service, and of the director of the budget where the position involved is in the unclassified civil service, a part of any such appropriation may be expended for a position in the same occupational field or service, carrying a title, grade and salary lower than the position for which the appropriation is made, the provisions of any general or special statute to the contrary notwithstanding. Except as otherwise provided in this subdivision, the amount shown in any such schedule for salary or compensation shall be the salary or compensation for one year of the officer or employee for whom the same is scheduled, notwithstanding existing provisions of any other statute fixing the annual salary or compensation of such officer or employee at a different amount; provided, however, that the provisions of this subdivision shall not be construed to prohibit the addition to the salary or compensation of any state officer or employee, pursuant to subdivision eight of this section, of an annual increment or other salary increase, which is otherwise effective on the first day of a fiscal year, at the beginning of the bi-weekly payroll period the first day of which is nearest to the first day of such fiscal year. 5. The amount shown in any schedule for salary or compensation, or for maintenance and operation shall be the salary or compensation, or the amount available for expenses of maintenance and operation, for the period fixed in such schedule, of the officer or employee, office, board, department, commission or bureau for whom or which the same is scheduled. 6. No position, contained in a schedule of positions in an appropriation act or in an approved segregation of a lump sum appropriation pursuant to this chapter, shall, during the period for which funds are appropriated or segregated for such position, be transferred from the organizational unit in which such position appears in such schedule or segregation except upon request of the head of a department or other state agency and approval by the director of the budget. When approved by the director of the budget, he shall issue a certificate to the head of the department or other state agency in which the position exists and to the state comptroller authorizing the transfer of the position and the appropriation made therefor. Copies of such certificate shall be filed with the senate finance committee, the assembly ways and means committee and the state civil service commission. 7. When food, lodging or other maintenance is allowed to any state employee or other person, the director of the budget may, in his discretion, require a charge therefor at rates established by him. 8. Notwithstanding any other provisions of this chapter or of any other law, when any officer or employee of the state whose compensation is payable in accordance with section six of this chapter is granted an increment or increase in salary or compensation pursuant to statute or pursuant to budgetary appropriation or as a result of reclassification or reallocation, which increment or increase is otherwise effective on the first day of a fiscal year, such increment or increase shall be added to the salary or compensation of such officer or employee at the beginning of that payroll period the first day of which is nearest to the first day of the fiscal year; provided, however, that for the purposes of determining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such increment or increase shall be deemed to be effective on the first day of the fiscal year, and the payment thereof, pursuant to this subdivision, on a date prior to the first day of any fiscal year, instead of on the first day of such fiscal year, shall not operate to confer any additional salary or increment rights or benefits upon any officer or employee. If the first day of the fiscal year is exactly midway between the two nearest first days of payroll periods, the earlier of such two nearest first days of payroll periods shall be deemed to be nearer to the first day of the fiscal year.