Eligible Lists

CSL §
PR §

56
68.1
Duration
The Civil Service Law provides that the duration of an eligible list shall be not less than one year nor more than four years. If a list has been in existence for one year or more, it shall terminate upon the establishment of an appropriate new list unless the old list is extended by action of the Department of Civil Service. Additionally, should a financial emergency restrict the filling of vacancies, the Department of Civil Service may, in its discretion, extend the duration of the list for a period equivalent to the length of the restriction. Once a list expires, it cannot be revived, nor can an individual whose name was on the expired list receive an appointment on that basis.
 

CSL §
CSR §

PR §

61.1
3.5
3.6
67.2
Ranking
Successful candidates are placed on an eligible list in order of their respective final examination ratings, including seniority and veterans' credits. The rules provide that if two or more eligibles receive the same final rating, they shall be placed on the list in accordance with such uniform, impartial procedure as may be prescribed by the Department of Civil Service. All eligibles with the same final score are equally reachable for appointment.

 


CSL §

57
"Continuing" Eligible Lists
Civil Service Law provides for "continuing" eligible lists, to which names of eligibles are added as applicants are tested on a periodic basis. "Continuing" eligible lists may be utilized when the Department of Civil Service finds that there are inadequate numbers of well qualified persons available for recruitment. The periodic tests administered are designed to be equivalent in coverage and difficulty. The name of any candidate who passes the test is placed or interfiled on the list in rank order according to their final rating, and eligibility continues for a period fixed by the Department of Civil Service.
 

CSL §

52.1
52.4
52.5

Certification Order
When an appointment is to be made to fill a vacancy, and there is no redeployment roster, preferred list, reemployment roster, placement roster or special military list in existence for the position, lists are normally certified in the following order:

  1. promotion unit eligible list, if applicable,
  2. departmental promotion list or departmental segment of interdepartmental promotion list,
  3. general interdepartmental promotion list,
  4. open-competitive list.
     

CSL §

52.1
60.3
61.1
Filling Vacancies
Vacancies are to be filled by promotion examination rather than by open-competitive examination, as far as practicable. When an open-competitive and promotion examination for the same title are held simultaneously, the promotion list is certified first until exhausted; then the open-competitive list is certified. The Department of Civil Service has the authority to determine whether an existing list is appropriate for filling a vacancy in a similar title.
 

CSL §

60.1
Combining Lists
Civil Service Law provides that when a list is less than one year old and contains less than three names of people willing to accept appointment and a new list is established, the people on the old list have preference in certification over the new list until the old list is one year old. During that time, such names shall be certified along with enough names from the top of the new list to provide the appointing officer with a sufficient number of eligibles from which to make a selection for appointment.

Civil Service Law also provides that when a list has been in existence for one year or more and is continued upon the establishment of a new list containing less than three names, the Department of Civil Service may certify the names from the old list along with sufficient names from the new list to provide an appointing officer with a sufficient number of eligibles from which to make a selection for appointment.
 

CSL §

60.3
Certification By Locality
For an appointment to any State position in a locality outside of Albany County, the Department of Civil Service may certify residents of the county or judicial district which includes such locality, or any combination of counties or judicial districts including such locality. Where a list is certified on a local residence basis and becomes exhausted of residents, the general State-wide list must be certified to fill any further vacancies occurring in that locality. All positions in Albany County must be filled from the general State-wide list.
 
Permanent Appointment

CSL §

61.3
Canvass and Offer of Appointment
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 §
CSR §
61.1
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.
 

CSR §

4.1(b)
4.1(c)
Failure to Respond to Canvass, Declining Appointment
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.
 


CSR §
CSL §


4.2(b)
52.7
Permanent Appointment to Competitive Positions on
Non-Competitive Basis
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.
 

CSR §

4.3
4.5(c)
Trainee Appointments
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.
 

CSR §

4.4
Seasonal Appointments
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 be disqualified 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.

 

CSL §
CSR §

64.4
4.11
4.12
Contingent Permanent Status
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 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)
4.12
In the case of the return of a prior incumbent, 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 a preferred list for the title from which displaced. This preferred list may be certified only for positions in that title in the former agency.
CSR § 4.11(b)
4.12
If there is no item available for the contingent permanent employee who is displaced, his/her name is placed on a preferred list which is certified to all agencies. In addition, an affected competitive class employee may request restoration to the eligible list from which the original contingent permanent appointment was made.
 
Probationary Term

CSL §

63.1
Requirements
Civil Service Law requires that a probationary term be served upon original appointment to a position in the competitive class and upon interdepartmental promotion. The law permits the State Civil Service Commission to require that a probationary term be served upon intradepartmental promotion and appointment to positions in the exempt, non-competitive and labor jurisdictional classes. It further permits the appointing officer to waive the probationary term upon interdepartmental promotion. When probationary service is required upon promotion, the employee shall be placed on a leave of absence from his/her former permanent position pending satisfactory completion of the probationary term.
CSR § 4.5(a)
4.5(b)(2)
4.5(b)(4)(i)
4.5(e)
The Classified Service Rules provide that every permanent appointment, promotion or transfer shall require satisfactory completion of a probationary term. For the purposes of these rules, "promotion" includes the appointment of an employee to a higher grade position in the non-competitive class. As with promotions, the rules provide that upon transfer, when probationary service is required, the employee shall be placed on leave of absence from his/her former permanent position pending the satisfactory completion of the probationary term. However, the appointing officer may elect to waive the probationary term required upon transfer.
CSL §
CSR §
63.1
4.5(e)
4.5(b)(5)(i)
The employee has the right, upon reasonable notice, to return to his/her permanent position at any time during the probationary term if so desired. If the employee fails to perform satisfactorily during the probationary term, he/she shall be returned to his/her former position at the end of the probationary term. Unless notified of successful completion or termination at an earlier date, the employee is deemed to have completed probation at the end of the maximum term.
 

CSR §

4.5(b)(5)(i)
4.5(b)(5)(ii)
Duration
The basic probationary term required for most original permanent appointments is not less than 26 or more than 52 weeks. The exceptions are appointments to training positions, Teacher and Vocational Instructor positions and to titles specifically listed in the rules. The rules provide that the probationary term continues to the maximum limit, unless the appointing authority gives written notice to the probationer that the probationary term has been successfully completed. If the probationer's service is not satisfactory, employment may be terminated at any time after eight weeks and before the completion of the maximum period. However, at the discretion of the appointing officer, a probationer who has not satisfactorily completed the original term may be offered an opportunity to serve an additional term of not less than 12 or more than 26 weeks in a different assignment.
CSR § 4.5(b)(2)
4.5(b)(4)(i)
The rules also provide for a probationary period, upon transfer or promotion, of between eight to 26 weeks for positions at Grade 13 and below, and between 12 and 52 weeks for positions at Grade 14 and above.
CSR § 4.5(f) An employee who has resigned and is thereafter reinstated, either by the former agency/or by another agency, is required to serve a new probationary period in the same manner and subject to the same requirements as that of the original appointment.
 

CSR §

4.5(g)
Absence
Any periods of authorized or unauthorized absence during the probationary term aggregating up to 10 workdays if the term is less than 26 weeks, or up to 20 workdays if the term is greater than 26 weeks, may, at the discretion of the appointing authority, be considered as time served in the probationary term. In addition, when the probationary term for a trainee appointment or promotion exceeds one year, periods of absence aggregating up to 20 days multiplied by the number of years constituting the probationary term may be considered as time served. Any periods of absence not so considered and any periods in excess of these minimums may not be considered as time served. Accordingly, the minimum and maximum periods of the probationary term must be extended by the number of workdays of absence not counted as time served in the probationary term. Traineeships are also correspondingly lengthened.
 

CSR §

4.5(b)(5)(iii)
Probationary Reports
The rules require that the supervisor carefully observe the conduct and performance of the probationer and report in writing to the appointing authority at least two weeks before the end of the term. Also, the supervisor, from time to time during the probationary term, is required to advise the probationer of his/her status and progress. A probationer whose services are to be terminated is entitled to receive written notice at least one week prior to such termination and, upon request, is entitled to an interview with the appointing authority. This does not mean, however, that the appointing authority must state specific reasons for the termination of a probationer.
 

CSR §

4.5(h)
Termination/Resignation
Probationers who are terminated or resign before the end of the probationary term, may request to have their names restored to the eligible list from which they were appointed, if it still exists. Names may be restored to the list, if the Department of Civil Service determines that a second opportunity for appointment is warranted.
CSR § 4.5(i)
4.5(j)

If a person serving a probationary term is appointed to a higher level position on a temporary or provisional basis, the appointing officer may count the appointee's service in the higher level position toward the satisfactory completion of the probationary term in the lower level position. At the end of the minimum probationary term, or the entire probationary term if it is of a fixed duration, the probationer may require the appointing authority to furnish a decision in writing as to whether or not service in the higher level position is considered as satisfactory probationary service. If the decision is not to count the higher level service, the probationer may request to be returned to the lower position to complete the probationary term. The probationer may not be terminated from the lower level position on account of unsatisfactory service unless he/she has actually served in such position, in the aggregate, at least eight weeks. A probationer may be removed during the minimum probationary period on charges of incompetency or misconduct in the same manner as a permanent employee.

Although a probationer may appeal procedural irregularities relating to his/her probationary termination to the Civil Service Commission, there is no appeal to the Commission on the merits of probationary termination. The courts have held that an appointing officer has broad discretion in determining the fitness of a probationer. They will not disturb the decision of an appointing officer unless it is clearly shown to have been made in bad faith.
 

 


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