1400 ELIGIBLE LISTS
1450 PREFERRED LISTS
.110 Description and Legal Basis
Generally preferred lists contain the names of former permanent
employees of the State who have been separated due to reductions
in force, reorganizations, reassignments or disability. Specifically,
permanent employees may obtain preferred list rights pursuant to
- CSL §81.1 provides preferred list rights for employees
who are suspended or demoted pursuant to CSL §80 or 80-a.
- CSL §71 provides preferred list rights for employees separated
after a leave of absence of more than one year due to a disability
as defined in the worker's compensation law, who are now able
to return to work but have not been reinstated.
- CSL §73 provides preferred list rights for employees separated
after a leave of absence of more than one year due to an ordinary
disability, who are now able to return to work but have not been
- CSR 4.11 and 4.12 provide preferred list rights for employees
appointed contingent permanent pursuant to these two rules who
are subsequently separated due to the return of the prior permanent
incumbent of the position.
- CSL §70.2 provides preferred list rights for employees
who are separated due to a transfer of function between State
Departments or Agencies and/or Civil Divisions of the State.
- Ret. and S.S. Law §102 c. provides preferred list rights
receiving disability retirement benefits who are determined to
to return to active service.
- Ret. and S.S. Law §507 d. provides preferred list rights
for employees receiving accidental disability benefits whose benefits
- Civil Service policy grants preferred list rights to employees
who refuse to accept an involuntary reassignment to a county other
than the one in which currently employed.
[NOTE: Since this was issued CSL §78.
Transfer of personnel upon the abolition of positions in state civil
service, and §79. Establishment of redeployment lists in the
state service; general provisions have been added.]
.210 Establishment and Duration
Unlike examination eligible lists which are established as of a
specific date, preferred lists rights become effective as of the
date of the eligibility of the individual employees. Preferred lists
are continually changing as the names of eligibles and additional
appropriate titles are added or removed.
Depending upon the law, rule or policy governing their specific
situation the names of permanent employees are placed on preferred
lists for their former title, direct line lower level title and
other appropriate titles (as determined by the Department of Civil
Service) as of the date:
- Of separation of employees covered by §80 or 80-a; or
- On which a disabled employee has been found able to return
to work (CSL §71 or 73); or
- On which an employee is separated as a result of the return
of the prior permanent incumbent (Rule 4.11 and 4.12); or
- The name of the disability beneficiary or accidental disability
beneficiary is certified as able to return to work and/or is
no longer eligible for benefits (Ret. and S.S. Law §102
c and 507 c;), or
- Of separation of an employee affected by a transfer of function
- Of separation of an employee refusing reassignment to another
- The Department of Civil Service determines that a new title
is appropriate for filling from a preferred list on a title-for-title
- A title is added as a "comparable title" as a result
of a reevaluation.
.212 Duration - An employee's eligibility for reinstatement
from a preferred list continues for not more than four years. However,
the names of eligibles may be removed or inactivated before four
years by the Department of Civil Service as described in below.
.220 Placement of Names and Ranking
- The names of laid off permanent employees are placed on preferred
lists for their title of layoff, direct-line lower level titles
and for other selected titles, based on a high degree of similarity
between duties, minimum qualifications and examinations. Additionally
titles may be selected based on the expectation that eligibles
will be able to perform the duties of the title after a minimum
period of orientation.
- The names of individuals placed on preferred lists are interfiled
regardless of the reason for their preferred list status or the
date on which their names were placed on the preferred list.
- The name of each eligible is ranked on a preferred list according
to the category the eligible is in for the location, agency and
title for which a certification of the list is produced.
- Title-for-title category - Eligibles laid off from a title
certified first to fill that title
- Direct-line category - Eligibles laid off from higher-level
titles in a direct promotion line are certified second.
- Appropriate title category - Eligibles laid off from
similar titles in the same occupational field are certified
Within each of these categories, eligibles laid off from the layoff
unit where the job is being filled are certified before eligibles
laid off from some other unit. Eligibles who had completed their
probation are certified before those who were on probation when
they were laid off, and eligibles who are otherwise the same in
terms of these rules are ranked-by seniority.
.230 Removal of Names [However see Policy
Bulletin # 95-02.]
.231 Effect of Declination
- The names of eligibles who fail to reply to, or decline an
offer of a full-time permanent job:
- At their former salary grade in their county of layoff-are
removed from the preferred list and reemployment roster.
- At their former salary grade in a county other than
their county of layoff-are removed from the preferred
list and reemployment roster for the county.
- At a lower salary grade in their county of layoff-are
removed from the preferred list and reemployment roster for
all titles at that grade and below.
- At a lower salary grade in a county other than their
county of layoff-are removed from the preferred list
and reemployment roster for all titles at that salary grade
and below for all counties in the geographic area except their
county of layoff.
- Eligibles who fail to reply to, or decline, an offer of:
- Temporary employment - will have their eligibility
for temporary employment affected as described in .231 above.
Their eligibility for permanent employment will not be affected.
- Part-time employment - will have their eligibility
affected for part-time as described in .231 above. Their eligibility
for full-time employment will not be affected.
- Contingent permanent employment - will have
their eligibility affected, as if the offer were for temporary
employment as described above. Their eligibility for permanent
or contingent permanent will not be affected.
[NOTE: Number 3 above is no
longer true. See Policy
- Eligibles may be allowed to decline specific job offers and
remain on the preferred list.
.232 Effect of Reemployment
The names of eligibles reemployed in State service:
- On a full-time permanent or contingent permanent basis will
be removed from active certification of the preferred list and
reemployment roster for all titles at that salary grade and
- On a temporary basis may be removed from active certification
of the preferred list and reemployment roster, for temporary
positions at that salary level and below, but will continue
to be certified for permanent and contingent permanent employment.
If the temporary appointment is short term (usually three months
or less) eligibles may remain active for temporary appointment
than being removed from the preferred list.
- On a part-time basis may be removed from active certification
of the preferred list and reemployment roster for other part-time
.233 Agencies may request the removal of the name of an eligible
from the preferred list and/or reemployment roster for misconduct
.234 Eligibles may voluntarily remove their own names from preferred
.lists and reemployment rosters. Unlike eligibles who request
temporarily inactive status, the names of eligibles whose names
are removed at their request will not be restored.
.235 Eligibles whose names have been removed from the preferred
list due to declination or failure to reply may request restoration.
.240 Certification Limitations
.241 Certain eligibles may have their rights to be certified
on a preferred list restricted by law, rule or policy as follows:
- Eligibles who have had their names placed on a preferred
list after separation for ordinary disability (CSL §73)
shall be limited to preferred lists for their former department
- Eligibles who have had their name placed on preferred lists
due to separation because of a transfer of function (CSL §70.2)
shall be restricted to preferred lists and reemployment rosters
which are certified for positions in their former agency and
for positions in the agency to which the function was transferred.
- Eligibles who obtain preferred list rights pursuant to CSR
4.11 or 4.12 who were simultaneously permanently reinstated
or returned to a lower level position, are eligible for certification
only to positions in their layoff unit.
- Eligibles who were serving part-time as of their date of
layoff, who have never served full-time in their title, or who
did not have at least one year of permanent part-time service
prior to layoff, will be restricted to part-time reemployment.
- Eligibles may request that their names be restricted from
specific certifications of the preferred list and reemployment
roster for good cause.
- The Department of Civil Service may restrict the names of
eligibles who have resigned, or have been terminated during
probation, from a position subsequent to an appointment from
a preferred list or reemployment roster.
.250 Temporarily Inactive Status
Eligibles may request to have their names temporarily inactive
on the preferred list and reemployment roster.
.410 Certification, Canvassing, Interviewing and Reporting Results
of Canvass of Preferred Lists
.411 Preferred list certifications may be requested by agency
personnel offices by telephoning the Preferred List/ Reemployment
Roster Unit (PURR) of the Department of Civil Service. Preferred
list certifications may also be initiated by the PL/RR unit and
sent to agencies as a result of payroll audit activities.
- Agencies are provided with two copies of each certification.
One should be kept by the agency for their records and the other
returned to the PL/RR unit with results of canvass.
- It is essential that agencies accurately report canvass results
timely manner. Agencies must return certifications to the PL/RR
unit within 60 days of the date of the certification. Provisional
and/or temporary employees may be terminated by the PL/RR in
less than 60 days when it is known that there are eligibles
to accept appointment.
- The names of the individuals who will appear on a certification
of the preferred list cannot be provided prior to the production
of the certification.
.412 Canvass Letters and Interviews
- Agencies are also provided with form S-290 (preferred list
canvass letter), which must be used when canvassing a preferred
list. [See 1600
Interviewing & Hiring]
- Canvass letters must specify the title, salary grade, location
and duration of the position. Agencies may not canvass for permanent,
and temporary, or full-time and part-time on the same canvass
- Agencies must allow at least ten business days for eligibles
to return a mail canvass and two business days to indicate their
availability in response to a telephone canvass.
- Agencies should ensure that sufficient time is scheduled
for interviews, and that eligibles are given accurate information
concerning the terms and conditions of the employment being
offered. In addition, they are responsible for conducting interviews
in accordance with professional and legal standards. If a job
offer is made at the interviews, the eligibles must be given
a reasonable amount of time to accept or decline.
.413 Reporting Results of Canvass
- When reporting appointments from a certification, agencies
must indicate the type, effective date, location and item number
in the space provided under the eligible's name.
When reporting an acceptance, declination or failure to
reply, the Department of Civil Service requires that agencies
submit appropriate documentation to serve as the basis for
clearing certifications. Declinations must be verified in
accordance with the specific instructions which appear on
the certifications under each eligible's name.
- When a canvass is conducted by mail, the original canvass
letter returned by the eligible must be returned with the
- If an eligible fails to respond to a mail canvass, a
the canvass letter mailed to the eligible must be returned
with the certification.
- In the case of a canvass conducted by telephone a copy
the letter to the eligible confirming the declination must
returned with the certification. The letter must include
specific information on the title, salary, location and
duration of the position.
- The Department of Civil Service may conduct a follow-up canvass
to verify the accuracy of agency reports of canvass and interview.
If, in the judgment of the Department of Civil Service, undue
influence or other improper practices were used to obtain declinations,
agencies will not be allowed to make appointments from other
sources. In such cases, reemployment eligibles will be reactivated
.420 Appointments from Preferred Lists (See also 1800
- Appointments from a preferred list certification must be made
in rank order from those eligibles willing to accept the offer
of employment (i.e., "Rule of one").
- Appointments from a preferred list certification must be made.with
an effective date within 60 days from the date of the certification.
- Appointments from a preferred list certification are reinstatements,
and no probationary period is served by the eligible except when
- Eligibles were serving a probationary period at the time
layoff and must complete the probationary period; or
- Eligibles are permanently reinstated to a traineeship title
therefore on probation while completing the requirements of
D. See the appropriate section of the payroll manual for the processing
and coding of payroll forms (PR-75).
.430 Removal and Restoration of Names
.431 Removal [Note: See also Policy
Bulletin #95-02 in this section.]
Agencies may request the removal of an eligible from the preferred
list and/or reemployment roster by providing to the Department
of Civil Service sufficient specific information to support the
request. Generally, eligibles will be removed only if they are
unable to perform the duties of the position due to a physical
or medical condition, or where the eligible is proven to be guilty
of misconduct serious enough to warrant removal from the service.
The appropriate section of the Department of Civil Service (i.e.,
Employee Health Services or Investigations) will review the request
and notify the agency of their determination. Civil Service will
notify eligibles of their removal and their right to request a
hearing. Agencies will be required to prove allegations of misconduct
at a hearing in the same manner as would be required to remove
an employee pursuant to §75 of the Civil Service Law.
The Department of Civil Service may restore the names of eligibles
to the preferred list who have declined, or failed to reply to
offers of employment, or who were terminated/resigned during probation
for good cause. Generally, such exceptions or restorations will
be allowed when
- The eligible has a significant medical or physical condition
or disability which affects the ability of the eligible to perform
the duties of the title, or to commute to the location of the
- The eligible has a significantly serious family situation
or has had previous employment in the title or with the agency
such that requiring the eligible to accept employment in the
position would constitute a hardship; or
- The eligible was unavailable to reply to a canvass for good
.440 Certification Limitations
Generally, preferred list eligibles are expected to be willing
and able to return to work immediately. Therefore, only in a limited
number of special cases will eligibles' names be restricted from
certifications of the preferred list. Where deemed appropriate,
the Department of Civil Service may restrict the certification of
the name of an eligible who requests such restriction, or who has
been terminated, or who has resigned from a position to which they
have been appointed from a preferred list, reemployment roster or
All requests from eligibles for restriction must be in writing
and should contain sufficient specific information to support the
request. Also certain eligibles may be restricted from certification
if they lack a required license or qualification (e.g., driver's
license). Generally, the restriction from certification will take
one of the following forms:
- Restriction from a specific title; or
- Restriction from a specific agency; or
- Restriction from positions requiring extensive travel as part
duties of the positions or which require commuting for the eligible
which would constitute a hardship.
.450 Temporarily Inactive Status
Eligibles may request to have their names temporarily inactive
on preferred lists and reemployment rosters by completing form S-291
[Request for Temporary Inactive Status (PL/RR)] available from the
Department of Civil Service. Each request is reviewed on a case-by-case
basis. Generally, eligibles will be granted temporarily inactive
status only if they have serious personal or medical reasons which
temporarily prevent them from accepting employment, or if they have
been reemployed by New York State Government in a higher level position
on a temporary or provisional basis. Temporarily inactive status
is subject to the following limitations:
- Eligibles granted temporarily. inactive status will be inactive
the preferred list and reemployment roster.
- Eligibles may not become temporarily inactive only for specific
- Eligibles will not have their preferred list and/or reemployment
eligibility extended by the period of temporarily inactive status.
- Eligibles must reactivate their name by written request to
Department of Civil Service.
- Eligibles who reactivate their name will have no rights to
filled during the period of inactive status.
TM-10; NEW MATERIAL 4/87
Return to Top ^