Transfers

CSR §
1.2(b)
1.2(b)(1)
The term transfer is often loosely used to describe any movement from one position to another. For purposes of applying civil service requirements, however, the term has a narrower, technical meaning. It is defined in the rules as a "change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority, or to a position in a different title in the same or a higher salary grade under the jurisdiction of the same appointing authority."
Conditions and Limitation
CSR §
5.1(a)(3)
4.5(e)
4.5(b)(4)(i)
5.1(a)(1)
5/1(a)(2)
5/1(a)(3)
Transfers require the written consent of the transferee and the appointing authority having jurisdiction over the position to which the transfer is sought, and the approval of the Department of Civil Service. When a probationary period is required upon transfer, the transferee is placed on leave from his/her former permanent position pending satisfactory completion of the probationary term. However, the appointing authority having jurisdiction over the position to which transfer is sought may elect to waive the required probationary term. Administrative transfers (CSL Section 52.6) and regular transfers (CSL Section 70.1) may be effected even if there is a viable promotion eligible list. Transfers under CSL Section 70.4 may be made only if an open-competitive appointment would be in order. Generally, a transfer may not be made to a position for which there is a redeployment roster, preferred list, reemployment roster or placement roster containing the name of an eligible willing to accept reinstatement to the position to which transfer is sought. Such transfer may be made, however, if the vacancy created by such transfer is in the same geographical area as the position to which the transfer is made and the redeployment roster, preferred list, reemployment roster or placement roster eligible is simultaneously offered reinstatement to such vacancy. A transfer may be made only to a position that has the same, substantially the same or a lower salary grade as the position from which transfer is to be made.
Transfer to Avert Layoff - Agency Reduction Transfer Lists
CSL § 78 Section 78 enables the State to transfer employees from one agency or department of the State to positions in the same title or any comparable title in another department or agency of the State to avert layoffs. Transfers authorized by this provision can, in many instances, be effectuated despite the existence of a reemployment, eligible or preferred list. The Department of Civil Service has the statutory authority to place the names of eligible employees upon appropriate transfer lists and to certify such lists for filling vacancies.
Geographical Areas
CSR § 5.1(b)
5.8
The rules contain special provisions pertaining to transfers between geographical areas. They provide that a person appointed in the State service in one geographical area may not be transferred or reassigned for at least one year after appointment to a similar position in another geographical area, unless reachable for appointment to the other position from the eligible list. This rule does not apply, however, to reassignments made under a reassignment list program approved by the Department of Civil Service or to transfers effected from placement rosters.
Agency Functions
CSL § 70.2 Statute requires that provisions be made for transferring necessary officers and employees who perform the functions to be transferred. Such provisions apply when functions are transferred from:
- one department or agency of the State to another department or agency of the State, or
- one department or agency of a civil division of the State to another department or agency of such civil division, or
- from one civil division of the State to another civil division, or
- from a civil division of the State to the State or vice versa.
For the purposes of determining those holding permanent appointments in the competitive class to be transferred in such a case, officers and employees are selected within each class of positions in the order of their original appointment, with due regard to the right of preference in retaining disabled and non-disabled veterans. Competitive class employees who are not so transferred have their names entered on an appropriate preferred list. Even though these general provisions are contained in the law, most legislative enactments providing for the transfer of functions from one department or agency to another contain special provisions for the transfer of the personnel involved.
Administrative Positions
  Transfers between "administrative" positions are authorized by Section 52.6 of the Civil Service Law. Administrative positions include those in the area of law, personnel, budgeting, methods and procedures, management, records analysis, and administrative research as determined by the Civil Service Department. Section 52.6 transfers are based on the fact the tests or qualifications for the positions from which and to which transfer is sought are substantially equivalent.

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