Permanent Appointment

Canvass and Offer of Appointment
CSL § 61.3 One of the causes of confusion in connection with the appointment process is a lack of understanding of the difference between a canvass and an offer of appointment. A canvass is nothing more than an inquiry as to whether the eligible would be willing to accept appointment if it were offered; it is NOT an offer of appointment. Normally, before an appointment is made, the eligibles at the top of the list are canvassed. Those who indicate a willingness to accept appointment are then interviewed. In the course of the interview, an eligible may decide that he/she is not interested in appointment. Selection is made from among the three highest ranking eligibles willing to accept appointment. It is important to note that there is nothing in the Civil Service Law or Rules that requires eligibles be interviewed. If one of the first three on a list is willing to accept appointment, the appointing officer may make an appointment and need not canvass or otherwise communicate with the other eligibles on the list. However, eligibles considered but not selected for appointment must be given notice of non-selection when another individual is hired for the position.
CSL § 61.1
CSR § 3.6
4.2
Appointment or promotion from an eligible list must be made by selecting one of the three highest ranking eligibles willing to accept appointment. However, if there are eligibles having "tied" ratings, selection may be made from among those whose final ratings are equal to or higher than the third highest ranking eligible on the list who have indicated a willingness to accept appointment. All eligibles attaining the same score are listed as having the same rank.
Failure to Respond to Canvass, Declining Appointment
CSR § 4.1(b)
4/1(c)
An eligible canvassed for appointment or offered appointment in writing who fails to respond within 10 business days after the mailing of such canvass or offer (or before the end of the second succeeding business day if the canvass or offer is made by telephone), may be considered ineligible for the particular appointment. In other words, he/she does not have to be considered as one of the three selections. If an eligible fails to reply to an offer or canvass, declines or indicates unwillingness to accept appointment, fails to appear for the interview, or fails to report for work after accepting an offer of appointment, his/her name shall be withheld from further certification from the list. Eligibility may be restored upon the candidate's request, or upon the request of the appointing officer concerned, if a satisfactory explanation for his/her action is submitted to the Department of Civil Service. An eligible may decline an offer of appointment without jeopardizing his/her status on the list, provided there is satisfactory reason for the declination. Legitimate reasons for declination of appointment include agency and/or location of employment, or temporary inability--physical or otherwise--to accept appointment.
Permanent Appointment to Competitive Positions on Non-Competitive Basis
CSR § 4.2(b)
CSL § 52.7
A permanent appointment to a competitive class position may be made by non-competitive examination if an open-competitive examination has failed to produce an eligible list containing the names of at least three people willing to accept appointment. In such a case, the appointing officer may request that a non-competitive qualifying examination be given to an individual nominated by the appointing officer. If the individual is successful on the examination, the agency may appoint the person on a permanent basis. In a promotion situation, if there are no more than three people eligible for examination for promotion to a vacant competitive class position, or whenever no more than three people file applications for examination to such position, the appointing officer may nominate an employee for non-competitive promotion to such vacancy. A nominee who passes an examination appropriate for the duties and responsibilities of the position to be filled may be permanently appointed. No examination may be required in such a case if the nominee has already passed an appropriate examination.
Trainee Appointments
CSR § 4.3
4.5(c)
The Department of Civil Service may condition appointment or promotion to certain positions upon the satisfactory completion of a traineeship in an appropriate lower training title and, when required, the satisfactory completion of specified training courses. The period of such term of training shall be prescribed by the Department of Civil Service. Upon satisfactory completion of the traineeship, and any academic courses that may be required, appointees are entitled to full permanent status in the position for which the appointment was made. If an appointee's conduct, capacity or fitness is not satisfactory, or if he/she fails to pursue or satisfactorily continue any required academic courses, his/her employment may be discontinued at or before the end of the traineeship. The probationary period for appointment to trainee positions coincides with the length of the traineeship. However, where appointment from an open-competitive list can be made either to a trainee or journey level position, the length of the probationary period shall be for 26 to 52 weeks or the length of the training service, whichever is greater.
Seasonal Appointments
CSR § 4.4 Appointments from eligible lists to positions in the competitive class where the service is not continuous throughout the year but recurs in each successive year are designated as seasonal appointments. These appointments are made by selecting one of the top three eligibles from the appropriate eligible list, in the same manner as regular permanent appointments. When the employment season ends, the names of employees are put on a seasonal reemployment list in the order of their first appointment to the particular title they vacated at the end of the employment season. The seasonal reemployment list is certified to the appointing officer at the commencement of the next employment season, and those on the list are entitled to reemployment in the order in which their names appear. However, any such person may be re-examined by the Department of Civil Service with respect to physical fitness for the performance of required duties, and may bedisqualified for further employment in the same manner and for the same reasons that apply to the disqualification of an eligible on an open-competitive list. The names of any people on a seasonal reemployment list who are not reached for reemployment remain on the list for certification in subsequent seasons, but no person may continue to be eligible for reemployment for more than three years from the date of his/her last separation from seasonal employment. A seasonal reemployment list is not a preferred list such as is established upon the abolition of regular year-round competitive class positions.
The rule governing seasonal appointments provides that if a vacancy occurs in a full-time position having a title and duties similar to that of a seasonal position and no appropriate open-competitive list is available, the vacancy may be filled with a person serving in a seasonal position. The person's original appointment date to the seasonal position must be the same as or earlier than the original appointment date of the third highest standing person willing to accept appointment.
Contingent Permanent Status
CSL § 64.4
CSR § 4.11
Civil Service Law authorizes the State Civil Service Commission to provide by rule for the extension of some or all rights and benefits of permanent status to individuals receiving an appointment to a temporarily vacant position in the labor, competitive or non-competitive class. These are referred to as contingent permanent appointments. Except in the case of the return of a prior incumbent, the contingent permanent employee has all rights and benefits of a permanent employee.
CSR § 4.11(a)
4.11(b)(1)
In the case of the return of a prior incumbent, first, any temporary or provisional employee in that title is displaced. Then, the most recent contingent permanent appointee to the title (if there is more than one) is displaced. Displacement is not based on the incumbents' classified service seniority dates, but rather on the order of the incumbents' contingent permanent appointment dates. The displaced individual may return to his/her former permanent position (hold item), if any, and will have his/her name placed on any appropriate reemployment lists for the title from which displaced.
CSR § 4.11(b) In addition, an affected competitive class employee may request restoration to the eligible list from which the original contingent permanent appointment was made, if still in existence.

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