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0000 Introduction

0200 Roles & Responsibilities

0400 Affirmative Action

0600 Jurisdictional Classification

0800 Classification & Compensation

1000 Recruitment

1200 Examinations

1400 Eligible Lists

1600 Interviewing & Hiring

1800 Appointments

2000 Probation

2200 Separations & Leaves

2300 Reductions
in Force

2400 Training & Development

2600 Employee Services

2800 Automated Position and Personnel System

3000 Appendix


State Management Personnel Manual

1600 Interviewing and Hiring

1605 Introduction


.110 Purpose

.111 One of the most critical personnel decisions made by agency man-agement is the choice of who to hire for a particular position. The key aspects of that choice are:

  1. the knowledges, skills, abilities and personal characteris-tics of the candidate vis-a-vis the duties, responsibilities, physical and emotional demands of the particular position to be filled; and
  2. the personal needs and goals of the candidate vis-a-vis the capacity of the position and the organization to satisfy them.

.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 organization.

.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 be filled.

.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.


.210 Considerations

.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:

  1. to "break the list" so that provisional appointees can be retained or considered; or
  2. 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.

TM-6; 5/27/83

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