.112 The greater the degree to which the candidate and the organiza-tion
understand each other's needs and expectations the better the match
will be between the position and the person. The quality of the match,
in turn, determines job performance, job satisfaction, productivity,
commitment and the length of time the individual will stay with the
.113 The employment interview and the decision to hire are, therefore,
critical steps in the selection process since this is where the match
is made between one of the qualified applicants and the position to
.114 This section is intended to provide policy and procedural guidelines
for these considerations while promoting a positive over-all approach
to interviewing and hiring.
.211 Appointments and promotions in State service are made according
to merit principles with the basic objective being to hire the person
that best meets the needs of the job and the agency at that time.
Interviewing and hiring practices of State agencies and facilities
should ensure that the spirit of Civil Service Law is followed throughout
the selection process.
.212 Merit and Fitness Considerations - The interviewer should provide
the candidate with an accurate description of the job to be filled.
Both the positive and negative aspects of the job should be related
to the candidate, so that the candidate can decide if he or she is interested
in the position. The negative aspects of the job should not be inappropriately
emphasized in an attempt to obtain a declination from the candidate
nor should the interview process be so structured or conducted so as
to discourage candidates with the objective being:
- to "break the list" so that provisional appointees
can be retained or considered; or
- to "reach" certain people who are not among the three
highest scoring eligibles.
Practices such as these not only violate the principle of merit and
fitness but are prohibited by the Civil Service Law, Section 106, which
deems it a misdemeanor for any person to obstruct the civil service
rights of any other person. In addition, where it is demonstrated that
undue influence was brought to bear on the candidate to decline a particular
position, the Department of Civil Service may require that the appointment
be voided and the entire list recanvassed.
.213 Human Rights Considerations - Federal and New York State Human
Rights Laws prohibit discrimination because of such considera-tions
as race, religion, color, sex, age, national origin, disability or criminal
record unless based upon a bona fide occupational qualification (see
Section 296 Human Rights Law, Unlawful Discriminatory Practices). Although
it is lawful to inquire about candidates' race, sex, and related matters
(in fact, certain federal regulations require the employer to main-tain
records concerning such information), it is unlawful to deny employment
to an individual based on such considerations. (For a complete discussion
of appropriate and inappropriate questions see "A Guide to Job
Interviewing," N.Y.S. Department of Civil Service.)
.214 Negotiated Agreement Considerations - There are certain require-ments
regarding the posting and filling of job vacancies con-tained in the
agreements between the State of New York and its employee organizations.
These provisions specify the number of days certain job vacancies
must be posted prior to filling, the number of days an employee shall
be allowed to bid on the vacancy following posting, and seniority
considerations in the appoint ment process (see 1982-1985 agreements:
ASU - Article 29; ISU Article 29; OSU - Article 25; SSU - Article
24; Security Super-visors - Article 24) as well as any applicable
agreements with local chapters.