1800 APPOINTMENTS

1850(D) To PR-50'd Positions

.l BACKGROUND

.110 Purpose

.111 Generally a position must be filled at its classified title and grade level; however, under certain circumstances, an agency may be permitted to fill a position at a level below that approved by the Division of Classification and Compensation and the Division of the Budget. Such an appointment is referred to as being made to a "PR-50'd" item. The term "PR-50'd" is, in fact, commonly accepted jargon which stems from a numbered payroll and personnel transaction form previously used to make such appointments. This form is no longer in use.

.120 Legal Basis

.121 Although the Civil Service Law does not directly provide for such an accommodation, the authority for filling a position at other than the approved classified budgeted title can be found in Section 44.4 of the State Finance Law. That Section, in part, provides ' ... that upon approval of the Director of the Budget and the State Civil Service Commission where the position involved is in the classified service... a part of any such appropriation may be expended for a position in the same occupational field or service, carrying a title, grade and salary lower than the position for which the appropriation is made ....'

.2 POLICY

.210 Conditions

.211 Generally, an agency will be allowed to fill a position at a lower level, when it can demonstrate that it' is experiencing difficulty in recruiting candidates to fill the position at the classified budgeted level.

.212 Positions that are budgeted at the journey level, but filled at the lower level, as part of a formalized traineeship or career ladder program, are exempted from the guidelines contained in this section because prior approval to "PR-50" is included in the establishment of the traineeships and career ladder. For example, appointment to Personnel Administrator Trainee I is made to a position which has been "PR-50'd" from the Senior Personnel Administrator (G-18 level).

.4 PROCEDURE

.410 Approval

.411 Agencies seeking to fill a position at a lower than classified budgeted level must obtain specific approval from the appropriate Staffing Services Section. Agencies must come to an agreement with the Staffing Services Section on the duration for the appointment.

.412 If such action would result in bargaining unit change the agency must contact the appropriate Classification and Compensation section for approval of the requested action.

.413 Once approval to PR-50 a position is granted (see limitations below) a PR-75 Payroll Transaction Form must be submitted indicating in the remarks section that such approval has been received.

.420 Limitations

.421 Staffing Services will approve a request to PR-50 a position if the following conditions are met:

1. The request for PR-50 is to a title in the same occupational field and at a lower functioning level than the budgeted title. Usually this means in the same classification series.
2. The title to which the position is being "PR-50'd" already exists as a classified title and is graded. With the exception of non-statutory traineeships or career ladder positions, PR-50's of non-statutory positions will not be approved.
3. There are no qualified candidates willing to accept appointment to the position at its original budgeted title and level; i.e., there is no viable eligible list, preferred list or placement roster in existence. The agency may also be requested to demonstrate that an effort has been made to fill the position at the budgeted level, through advertising, special recruitment, etc.

.422 In situations where all of the above conditions have not been met, the Section 44.4 requests (PR-50's) should not be approved. In such cases the agency may wish to explore the appropriateness of having the position reclassified.

.423 Usually, only temporary appointments will be allowed to positions that have been PR-50'd; except for appointments made to the trainee level or to lower level positions that are part of a formalized career ladder. Any further exceptions must be discussed with and agreed to by the appropriate Staffing Section.

.424 If an eligible list, preferred list or placement roster is in existence for the. title to which the PR-50 has been approved, a list appointment must be made in accordance with normal Civil Service procedure.

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