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1600 Interviewing & Hiring

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3000 Appendix


State Management Personnel Manual

0800 Classification and Compensation



.110 Statutory Authority

.111 Section 118.2 of the Civil Service Law requires the Director of the Division of Classification and Compensation to make revisions in the classification and compensation of positions as changes in State service may require.  To carry out this responsibility, it is often necessary to review the use of certain titles and suspend their further use until the appropriate review has been completed.  This is accomplished through the Earmark procedure.

.120 Purpose

.121 The Earmark procedure, applicable to any position in the Classified Civil Service (Classified Service), is a control mechanism by which the Division of Classification and Compensation notifies operating agencies, departments, and the Division of the Budget that it will review the classification of individual positions or classes of positions before they may be filled again.  Such review is performed to determine if the current duties and organizational assignment of a position or class of positions are appropriate based on a comparison with an existing Classification Standard or with similarly classified positions. 

.122 Separate Earmark procedures are utilized by both the Civil Service Commission and the Division of the Budget.  The Civil Service Commission uses the procedure, as described in SPMM Section 0600, in relation to its responsibilities for Jurisdictional Classification.  The Division of the Budget utilizes the procedure in accordance with its responsibility for both fiscal control and general program direction.  Details of the Budget Policy are described in the Budget Policy and Reporting Manual Item D-350.


.210 Application of Earmarks

.211 The earmarking authority is responsible for the initiation of the Earmark transaction submitted in accordance with New York STate Electronic Personnel System (NYSTEP) procedures detailed in the NYSTEP/TPM User Manual.

.212 An earmarked position cannot be filled unless the authority that placed the Earmark removes the Earmark or grants a “fill and continue,” or unless it is used to change the appointment status of an incumbent from provisional to permanent or to allow a return to a hold item.

.213 A “fill and continue” action allows an item to be filled once.  The Earmark is restored automatically following completion of the “fill” transaction.

.214 Earmarks do not terminate at the end of a fiscal year, with a change of item number, with an organizational reassignment, with a source of funding change, or with a title structure change.

.215 The removal of an Earmark on one position in a class of positions does not remove an Earmark on any other position in a class.

.216 Reclassification of an Earmarked position automatically removes all Earmarks on that position.

.220 Removal of Earmarks

.221 An agency can submit a request to remove an Earmark or a request for a “fill and continue” to the Division of Classification and Compensation.  All requests must be submitted electronically in accordance with NYSTEP procedures detailed in the NYSTEP/TPM User Manual. A requesting agency should attach all necessary information, including a letter of justification, an organization chart, and a duties description for the position.  For more information about position duties descriptions, see SPMM Section 0850(A), Subsection .210.

.222 An agency can also submit a request to remove an Earmark placed by the Civil Service Commission or the Division of the Budget.  All requests must be submitted electronically in accordance with NYSTEP procedures detailed in the NYSTEP/TPM User Manual.  A requesting agency should attach a letter, including the justification addressed to the President of the Civil Service Commissionor the Director of the Division of the Budget, respectively.

.223 Upon receipt of a request, the authority responsible for an Earmark will conduct a review of the position.  If additional information is required, the agency will be contacted.

TM-65 - Replaces: All of Section 0800 Dated Prior to August, 2008

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