|CSL § 2.5||The "civil service" encompasses all offices and positions in the service of the State or any of its civil divisions, except offices and certain employees in the Division of Military and Naval Affairs.|
|Unclassified and Classified Service|
|CSL § 35||The civil service is divided into the unclassified and classified service. The unclassified service includes elective offices; offices filled by election or appointment of the legislature on joint ballot; legislative officers and employees; department heads; certain officers and employees appointed by the Governor; officers, members and employees of boards of elections; and, the largest group, teachers and supervisory personnel in the public schools, the State University and certain community colleges.|
|CSL § 40||All positions not in the unclassified service are in the classified service. All positions in the classified service, when created are automatically in the competitive class until the Commission takes action to place them in the exempt, non-competitive or labor classes. The division of positions into these classes is called jurisdictional classification, and is based principally on the extent to which examination is practicable.|
| CSL § 41,
CSR § 2.1
|The exempt class is defined in the Civil Service Law to specifically include one secretary of each department, temporary state commission or other State officer authorized by law to appoint a secretary, deputies of principal executive officers authorized by law to act generally for and in place of their principals, and certain court clerks. The secretary of each municipal board or commission authorized by law to appoint a secretary shall also be in the exempt class. Additionally, any other subordinate positions for which competitive or non-competitive examination is found to be not practicable may be placed in the exempt class. No position is in the exempt class unless it is specifically listed as exempt in the Rules for the Classified Service. The Commission must amend its rules to add a position to the exempt class listing. Such amendment is subject to approval of the Governor. The statute provides that for any title listed in the exempt class in the rules, only one position is authorized unless a different number is specifically prescribed in the rules. The statute also provides that when a vacancy occurs in the exempt class, the Commission shall study and evaluate the position and within four months determine whether it is properly classified in the exempt class. Pending such determination the position may not be filled except on a temporary basis.|
| CSL §42,
CSR § 2.2
|The non-competitive class consists of those positions for which it is not practicable to conduct examinations on a competitive basis. Appointments to non-competitive positions are to be made after a non-competitive examination, such as a review of training and experience, as prescribed by the Department. For the most part, this class consists of skilled trades positions. However, it does include some higher level administrative, scientific or technical positions, positions that are confidential in nature, or involve making or influencing policy. Positions in the non-competitive class require an amendment to the rules. The statute provides that a title listed in the non-competitive class shall include only one person unless a different or an unlimited number is specified in the rules. Further, the Commission may, by appropriate amendment to the rules, designate among positions in the non-competitive class those that are confidential or policy influencing. Positions so designated carry a "phi" designation. Incumbents of positions that carry a "phi" designation do not obtain tenure under Section 75 of the Civil Service Law.|
| CSL § 55-b
|Under Section 55-b, up to 1,200 positions can be designated specifically for filling by people with physical or mental disabilities who are otherwise qualified to satisfactorily perform the duties of the position. Positions so designated are classified in the non-competitive class by the Commission. Under Section 55-c, an additional 500 positions can be classified as non-competitive for the employment of disabled veterans who served in time of war. Disabled candidates seeking employment under 55-b or 55-c must present documentation of their disability to the Department's Employee Health Service for eligibility determinations.
The difference between the exempt and the non-competitive classes, insofar as appointment is concerned, is that for positions in the exempt class, the appointing officer is free to select whomever he/she pleases and the agency, rather than the Department of Civil Service, sets any educational, experience or other qualification requirements. If the position is in the non-competitive class, the appointing officer still has the power of selection, but the appointee must meet such educational, experience and other qualification requirements as may be fixed by the Department of Civil Service. Generally, no written or oral tests are required for non-competitive class appointments.
|CSL § 43, 2.3||Labor class titles are listed in the Regulations of the Civil Service Commission. Positions in the labor class involve unskilled labor; however, qualifying tests may be required for appointment to labor class positions.|
|CSL § 44||The competitive class consists of all offices and employments in the classified service that are not in the exempt, non-competitive or labor class. Positions in the competitive class are not listed in the rules or regulations. No action is required to place a position in the competitive class. Every position in the classified service is automatically in the competitive class unless and until it is specifically classified in another jurisdictional class.|
|The courts have held that when a position is reclassified from the exempt, non-competitive or labor class to the competitive class, an incumbent who has been serving in the position on a permanent basis is entitled to permanent appointment in the reclassified position with all the rights and privileges of competitive class status, without further examination.
Permanent incumbents of positions that have been reclassified from the competitive to the non-competitive jurisdictional class are immediately accorded the same protection afforded to tenured non-competitive employees. Employees so affected are entitled to the disciplinary protections of Section 75, and to exercise the same vertical bumping and retreat rights they would have been entitled to, had their positions remained in the competitive class.
|Continuation of Employment in Takeovers by the State|
|CSL § 45||The Civil Service Law contains provisions to retain certain employees of private institutions or enterprises that are taken over by the State. The provisions apply to those who have been employed for at least one year. Under such provisions, the positions held by the private employees are initially placed in the non-competitive class pending their assignment to an appropriate jurisdictional class. However, such an employee may be disqualified from further employment if he/she is not found to be a person of good character. All positions held by such employees are required to be assigned to appropriate jurisdictional classes within one year after the acquisition of the private institution or enterprise. The incumbents are entitled to all the rights, benefits and status of the jurisdictional class to which their respective positions are assigned. This action is termed a "cover-in" and must be approved by the Civil Service Commission.|