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State Personnel Management Manual

Policy Bulletin #82-02

 1205(A) (Promotion)
November 15, 1982
T0: All Personnel officers

SUBJECT: Admission of Individuals Appointed to 55.b Positions to Promotion
Examinations and the Necessary Changes in Department Policy

Section 52 of the Civil Service Law has recently been amended by adding a new subdivision 14 to read as follows:

14. Notwithstanding any other provision of Law, the State Civil Service Commission may, for titles designated by it, extend to employees in the state service who are holding or who have held a position in the non-competitive class of such service pursuant to the provisions of section fifty-five-b of this chapter the same opportunities to take promotion examinations as provided to employees in the competitive class.

In implementing this new law, the Civil Service Department has adopted the following policies:

  1. Individuals who have been permanently appointed to non-competitive class positions, pursuant to the provisions of Civil Service Law 55.b and who are otherwise qualified, shall be eligible to compete in promotion examinations in the same manner as individuals permanently appointed to the corresponding competitive class positions.
  2. Individuals who meet the service requirements for promotion to positions in the competitive class through their 55.b service may, in the absence of a viable eligible list, be promoted on a provisional basis to those positions.
  3. Individuals who have permanent status to a 55.b title may compete in a promotion examination for the corresponding competitive class title if they possess the amount of permanent service required for admission to the examination and are otherwise qualified.
  4. Please note that Section 52.14, and these policies regarding it, do not change the Department's current 55.b policy that allows 55.b positions to be established only for those titles that are normally filled from open-competitive eligible lists or for those positions for which a promotion and open-competitive examination are simultaneously held.

Please direct any questions you may have to your Staffing Services Representatives.

(signed) Ralph J. Vecchio
Executive Deputy Commissioner