NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
State Personnel Management Manual
Advisory Memorandum # 90-09
TO: Department and Agency Personnel and Affirmative Action Offices
FROM: Division of Staffing Services, Policy & Program Analysis
SUBJECT: Guidelines for Temporary Appointments Pursuant to Civil Service
Law, Sections 64.1 and 64.2
In January 1981 the Department issued a memorandum to all agency personnel
offices which set guidelines for temporary appointments. These guidelines,
still valid today, are as follows:
- Appointments made under Sections 64.1 and 64.2 will be allowed
only to temporary service or temporarily vacant items.
- Successive 64.1 appointments totalling in excess of three months
for an individual will not be allowed, nor will successive 64.1 appointments
totalling in excess of three months to a position be allowed.
- Temporary appointments pending canvass will not be allowed after
three months of appointment under Section 64.1. If an agency expects
to appoint to a position for longer than three months, they should
request a certification and canvass sometime during the three months.
- For decentralized lists, the agency will be required to appoint
from that list after the three month 64.1 appointment, if they wish
to continue the position on a filled basis.
- An original 64.2 appointment will be allowed up to six months.
However, it will not be allowed for more than three months if preceded
by a 64.1 appointment of three months. This holds for both the individual
and the position.
- Successive 64.2 appointments for an individual from the same list
will not be allowed, nor will successive 64.2 appointments to a position
In addition to the guidelines above, agencies should be aware that:
- Section 64 of the Civil Service Law is not intended to
be a means of "extending' provisionals who are being
revoked as the result of the establishment of an eligible
list. Where agencies need additional time to replace a significant
number of provisionals (Section 65), agencies should discuss
with their Staffing Services Representative appropriate
time periods for "temporary pending canvass' appointments.
- No combination of temporary non-list appointments, including
appointments under Rule 4.8 and "TEMP CANVASS' appointments,
shall exceed a total of six months.
These guidelines are not in any way intended to affect appointments to
temporary service or temporarily vacant items for individuals who are
reachable for appointment (i.e., among the top three acceptors on an appropriate