1200 Examinations

.1 BACKGROUND

.110 Legal Background

.111 When there are no more than three qualified individuals in a promotion field, Section 52.7 of the Civil Service Law allows an agency to nominate one of those individuals for a non-competitive promotion examination. This section of the CSL recognizes that where there are not four or more qualified candidates available for promotion to fill a position, there is no requirement to hold a competitive examination.

.2 POLICY

.210 Requirements

+.211 If there are three or fewer qualified individuals interested in promotion to a position, any who pass would be immediately reachable for appointment. Therefore, a non-competitive promotion examination may be appropriate when the following conditions are met:

1. there is not a viable department promotion list for the position to be filled, and
2. there are no more than three qualified candidates in the departmental promotion field interested in competing in an examination for the position to be filled. If there is more than one position to fill, a non-competitive promotion examination is in order if the number of interested candidates in the promotion field does not exceed the number of vacancies to be filled by more than two, and
3. there is no re-employment list for the position.

.212 In determining if a non-competitive promotion examination is in order, agencies must consider both the current permanent incumbents of the promotion field title(s) and previous permanent incumbents of the promotion field title(s) who are still serving in the agency.

.220 Examinations

+.221 An examination for non-competitive promotion may consist of a qualifying review of the nominee's qualifications against the minimum qualifications for the position being filled. However, if the competitive examination for the title to which the NCP has been requested includes a technical test, the nominee must pass or have passed an appropriate examination for the title. If the nominee has not taken a prior appropriate examination, the Department of Civil Service will administer an appropriate examination to the nominee.

.230 Limitations

.231 Individuals who have twice failed a non-competitive promotion examination for a position shall no longer be eligible for employment in that position—pursuant to Rule 3.3(b) of the Rules for the Classified Service—except by appointment or promotion from an eligible list established following a competitive examination.

*.232 Individuals who have failed the most recent competitive examination for the position shall not be eligible for non-competitive promotion.

.3 INTERPRETATIONS

.310 Limitations

.311 Generally, non-competitive promotion will not be approved for clerical titles, para-professional titles, or titles for which a competitive promotion examination is scheduled within 90 days.

+.320 Programmatic Needs

.321 Before requesting non-competitive promotions for titles that have extensive interdepartmental promotion fields and/or interdepartmental promotion eligible lists, and have historically and successfully been filled through the competitive process, agencies are encouraged to consider whether programmatic needs can be satisfied through appointment of an interdepartmental promotion candidate.

.4 PROCEDURES

+.410 Nominations

.411 Nominations for a non-competitive promotion examination must be submitted in writing to the Staffing Services Section that has the agency assignment. The following must be included:

• the name of the nominee
• the item number and title of the position to which promotion is sought
• the names of any other individuals in the field of promotion
• a brief description of the steps taken by the agency to determine that a competitive examination is not required
• a completed XD-5 Promotion Examination Application Card for the nominee

.420 Department of Civil Service Review

+.421 The Staffing Services Section that has staffing responsibility for the nominating agency has responsibility for reviewing and processing the nomination for non-competitive promotion. If administration of an examination is required, the Staffing Services Section will arrange for any test administration.

.430 Notice of Results

.431 After testing has been completed, the Agency Personnel Office will be sent the results on form S-121, Action on Nomination for Permanent Appointment. The Personnel Office must then advise the nominee of the disposition and submit a NYSTEP transaction to effect the appointment. The effective date of the appointment may be no earlier than that indicated on the S-121.

---

TM-58, 9/04; Replaces TM-54 issued 3/02- *=new; +=revised material

Return to Top ^