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:
- 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.
- 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.
- 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.
- 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
(signed) Ralph J. Vecchio
Executive Deputy Commissioner