[HISTORY: Adopted by the Municipal Civil
Service Commission of the City of New Rochelle 12-23-1959, as amended
through 3-5-1975. Subsequent amendments noted where applicable.]
A.
It is hereby declared to be the purpose of these rules
to provide an orderly and uniform system for the administration of
civil service in the City of New Rochelle on a basis of merit and
fitness as provided in the Civil Service Law of the State of New York.
B.
These rules have the force and effect of law and apply
to all positions in the classified service of the City of New Rochelle
as well as the towns, villages and special districts therein.
C.
These rules may be amended by the Commission after
public hearing and subject to the approval of the Mayor and the State
Civil Service Commission.
Unless otherwise expressly stated or unless
the context or subject matter requires a different meaning, the several
terms hereinafter mentioned, whenever used in these rules, shall be
construed as follows:
The Civil Service Commission of the City of New Rochelle.
The remuneration of a position, and shall include food, lodging,
maintenance and commutation when the same is furnished.
An official record kept in the Commission's office as a public
record, which contains the names of those persons who have successfully
completed examinations, listed and ranked in order of their final
ratings from the highest to the lowest rank.
The incumbent of a position holding the position in accordance
with these rules and the Civil Service Law.
County, town, city, village or special district.
Any employment or a combination of one or more employments
in a civil division in which an individual works less than 50% of
the time prescribed as a normal workweek by the appropriate governing
body or other appropriate authority of the civil division.
[Amended 10-17-1995 by Ord. No. 228-1995.]
An office or employment involving an aggregation of duties
to be performed and responsibilities to be exercised by one person.
The change, without further examination, of a permanent employee
from one position to another similar position under the jurisdiction
of the same appointing authority.
The change, without further examination, of a permanent employee
from a position under the jurisdiction of one appointing authority
to a similar position under the jurisdiction of another appointing
authority.
The Commission shall designate one of its members
as Chairman. Two Commissioners shall constitute a quorum for the transaction
of business. The Commission may appoint a Secretary who shall not
be a Commissioner, and such other subordinates and employees within
available appropriations as it may deem necessary or proper to carry
out the purposes of these rules and the law. It shall fix the duties
of these employees. The Commission shall keep true and accurate minutes
of all its meetings and proceedings, which shall be open to public
inspection.
A.
Positions in the exempt class are those for which
competitive or noncompetitive examinations or other qualification
requirements are not practicable. (Civil Service Law, § 41.)
B.
Positions in the exempt class shall be listed in Appendix
A of these rules and made a part hereof.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
A position in the noncompetitive class may be filled
by the appointment of a person who meets the minimum qualifications
established for such position by the Commission. A nomination for
such appointment shall state the qualifications of the nominee and
shall be filed by the appointing authority with the Commission. Such
appointment shall become effective only after approval by the Commission.
B.
Positions in the noncompetitive class shall be listed
in Appendix B of these rules and made a part hereof.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
A.
The labor class shall include unskilled laborers.
B.
A position in the labor class may be filled by the
appointment of any person selected by the appointing officer of the
agency where a vacancy exists, and the Commission may require applicants
for employment in the labor class to qualify in such tests of their
fitness for the employment as may be deemed practicable.
C.
Positions in the labor class shall be listed in Appendix
C of these rules and made a part hereof.[1]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
Positions in the unclassified service shall
be listed in Appendix D of these rules and made a part hereof as though
set forth in full herein.[1]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
A.
Residence requirements for municipal positions. An
applicant must be at the time of examination and for at least four
months prior thereto a resident of the municipality in which appointment
is to be made or any reasonable combination of municipalities both
in and outside of New York State contiguous to the municipality in
which appointment is to be made or contiguous to the municipality
in which such municipality is located as determined by the Commission.
Residence requirements may be suspended or reduced by the Commission
in cases where recruitment difficulty makes such requirements disadvantageous
to the public interest.
B.
Announcements of examinations. The public announcement
of an examination shall specify the application fee, if any, the title,
salary or salary range, the duties of the position, the minimum qualifications
required, the final date for filing applications, the subjects or
scope of the examination and the relative weights thereof and the
date and place of the examination. Public notice of open-competitive
examinations shall be made at least 25 days before the date of the
examination and must be conspicuously posted in a public place for
15 days. The last day for filing applications shall be at least 10
days before the date of the examination.
A.
Applications of candidates for positions in the competitive
class and for positions in the noncompetitive class must be addressed
to the Commission at the office of the Commission.
B.
The Commission shall notify each applicant of the
disposition of his application. Approved applicants for competitive
examinations shall be given notice of their approval at least four
days before the examination, by mail to the address stated in the
application, or one day's notice by telegram.
A.
Good moral character and habits and a satisfactory
reputation shall be requirements for appointment to any position subject
to these rules. Any applicant who is found to lack such requirements
shall be disqualified for examination or, after examination, for certification
and appointment.
B.
A record of disrespect for the requirements and processes
of law, including repeated traffic offenses or disregard of summonses
for traffic offenses, may be grounds for disqualification for examination
or, after examination, for certification and appointment.
C.
The burden of establishing his qualifications to the
satisfaction of the Commission shall be upon the applicant. Any applicant
who refuses to permit the Commission to investigate matters necessary
for the verification of his qualifications or who otherwise hampers,
impedes or fails to cooperate with the Commission in such investigation
shall be disqualified for examination or, after examination, for certification
and appointment.
A.
The marking of each competitor's examination shall
be made on the scale of 100, which maximum shall represent the best
performance possible, expected or attained, and 70 shall represent
a performance meeting the minimum needs of the position to be filled.
The Commission may, after the announcement of an examination is made,
subdivide the written examination into parts and require a passing
mark of 70 in each of the parts in order that candidates be considered
further for eligibility. Notice of such arrangement shall be given
in the instructions on the written examination. Where the written
test is prepared and rated by the State Civil Service Commission in
accordance with § 23, Subdivision 2, of the Civil Service
Law, the provisions of the rules and regulations of the State Civil
Service Commission and Department dealing with the rating of examinations
shall apply.
B.
The Commission shall adopt a system to conceal the
identity of the candidates' papers in a written examination until
such written examination has been rated.
C.
For examinations prepared and rated by the Commission,
applications and examination records and papers of candidates shall
be preserved until at least six months after the expiration of the
eligible list resulting from such examination, but in no event may
records be destroyed except in accordance with the policies of the
State Commissioner of Education and the State Civil Service Commission.
Whenever an oral test shall be prescribed as part of an examination,
a stenographic or recording device record of all the questions and
answers shall be made a part of the examination records.
D.
Every candidate in an examination shall be notified
of his final rating and, if successful, of his relative position on
the eligible list established as a result of the examination. Any
candidate receiving such notice, or his duly authorized representative,
may inspect his examination papers in the office of the Commission
and in the presence of a designated representative of the Commission,
provided that he makes request for such inspection, in writing, within
the period of 10 days after the date of the postmark of such notice.
The application and examination papers of a candidate shall be exhibited
only to the candidate or his duly authorized representative, designated
as such in writing. The application of an eligible who is being considered
for appointment may be shown to the appointing officer.
E.
Appeals and corrections.
(1)
A candidate who wishes to appeal to the Commission
from his rating in one or more or all of the subjects of an examination
must submit such appeal in writing within 20 days after the earliest
date on which his examination papers were made available for his inspection.
Such appeal must show that a manifest error was made in the original
rating. Such appeal shall be considered as opening all of the candidates'
papers for review, whether resulting in a higher or lower average
standing. No change in rating shall be made as a result of an appeal
unless it shall affect the candidate's relative position on the eligible
list.
(2)
For examinations prepared and rated under § 23,
Subdivision 2, of the Civil Service Law, the State Civil Service Commission
shall have sole and exclusive authority to correct any errors in rating
upon appeal or otherwise. The review of papers by candidates and the
filing of appeals in such examinations shall be governed by the rules
and regulations of the State Civil Service Commission and Department
(3)
The Commission may at any time during the life of
an eligible list, resulting from an examination prepared and rated
by the Commission, correct any clerical or computational errors in
the ratings of candidates who competed in the examination.
(4)
Any change in an eligible list pursuant to this rule
shall be made without prejudice to the status of any person previously
appointed as a result of such examination.
F.
Rating keys shall be prepared for each examination
held. Such keys shall be a permanent part of the record of each examination.
G.
Examinations generally.
[Added 10-17-1995 by Ord. No. 228-1995]
(1)
Examination material security. In order to prevent
the unauthorized publication and dissemination of examination material,
the following acts are prohibited except as authorized by the Commission:
(a)
No person shall copy, record or transcribe any
examination question or answer, or remove from the examination room
or possess outside the examination room any question sheet, answer
sheet or booklet, scrap papers, notes or any other papers or materials
relating to such examination.
(b)
A candidate in an examination shall not at any
time communicate with an examiner concerning the conduct or content
of such examination; and shall not directly or indirectly communicate
to any other person information concerning the content of such examination
until completion of the testing of all candidates.
(2)
No examiner, proctor or other person charged with
the supervision of a candidate or group of candidates during an examination
shall have authority to waive the provisions of this subsection. A
person who is found by the Commission to have violated the provisions
of this subsection or any similar provision of the rules of any other
civil service jurisdiction within the State of New York shall be disqualified
from appointment to the position for which the examination is being
held and may be disqualified from being a candidate for any civil
service examination for a period of five years.
A.
Every candidate who attains a passing mark in an examination
as a whole and who meets the standards prescribed, if any, for separate
subjects or parts of subjects of the examination shall be eligible
for appointment to the position for which he was examined, and his
name shall be entered on the eligible list in the order of his final
rating; but if two or more eligibles receive the same final rating
in the examination, they shall be ranked in accordance with such uniform,
impartial procedure as may be prescribed therefor by the Commission.
B.
The date of the establishment of a list shall be the
date fixed therefor by Commission resolution, and shall be entered
on such list. The duration of all eligible lists shall be fixed by
Commission resolution prior to the establishment of such lists, but
shall not be less than one nor more than four years. The date of establishment
of a list and its duration shall be given to all successful candidates
at the time when notice of standing on the eligible list is given
to such candidates. Where the duration of an eligible list is fixed
at less than four years, the Commission may, by resolution, prior
to the expiration date of such list, extend the duration of the list
up to the maximum limitation of four years, provided that eligibles
on such list are notified in writing of the extension of the eligible
list.
C.
Eligible lists shall be open to public inspection
at the office of the Commission. The names of persons who failed to
receive a passing grade on the examination shall not be disclosed
to the public.
D.
The Commission shall have the power in its discretion
to correct any error and amend any eligible list where it appears
that an error has been made. Commissions shall have power to revoke
any eligible list where the provisions of these rules were not properly
or sufficiently carried out; provided, however, that an eligible list
shall not be revoked except after notice and an opportunity to be
heard has been given to all persons whose names appear thereon. The
reasons for such action shall be recorded in the minutes of the Commission
and reported to the State Civil Service Commission.
A.
The Commission shall determine the eligible list most
nearly appropriate for the position to be filled, and shall certify
to the appointing authority a sufficient number of eligibles from
which selection for appointment may be made. When the name of any
eligible is included in a certification for appointment, the names
of all other eligibles on the list having the same final rating as
such eligible shall likewise be included in such certification.
B.
A certification issued by the Commission to an appointing
officer shall be valid for a period of 30 days from the date of its
issuance. After the expiration of such thirty-day period, no appointment
shall be made except from a new certification.
C.
When an eligible is canvassed for appointment or is
offered appointment in writing, and fails to state his willingness
to accept such appointment within four business days after the mailing
of such canvass or offer, or before the end of the next succeeding
business day of such canvass or offer is sent to him by telegram,
he may be considered ineligible for purposes of making selection for
such particular appointment.
D.
The name of the person declining appointment shall
be eliminated from further certification from the eligible list unless
declination is for one or more of the following reasons: insufficiency
of compensation offered when below minimum of grade of the position
for which the examination was held; location of employment; temporary
inability, physical or otherwise, which must be satisfactorily explained
by the eligible in writing. The Commission shall enter upon the eligible
list the reasons for its action in such cases.
E.
Except as otherwise provided herein, appointment or
promotion to a position in the competitive class shall be made by
the selection of a person on the most nearly appropriate eligible
list who is willing to accept such appointment and whose final rating
in the examination is equal to or higher than the rating of the third
highest ranking eligible on the list indicating willingness to accept
such appointment. The term "ranking" as used herein refers to the
order in which the names of eligibles appear on the eligible list
as provided in § 367-12.
F.
Whenever a vacancy exists in a position in the competitive
class and an open competitive examination duly advertised results
in three or fewer approved applicants for the examination, the appointing
officer may nominate to the Commission one of the applicants who may
be certified for appointment to fill the vacancy without further examination,
provided that he has already qualified in an examination of equivalent
character within the last four years from the date of nomination.
G.
Wherever one or more eligibles shall have declined
any appointment offered and an eligible, whose relative standing is
lower and who was reachable on the certification only because of the
aforesaid declination, shall have been appointed to the position,
the salary or compensation of such appointee shall not be increased,
except by a service- or a class-wide increase, within a period of
six months after his appointment beyond that offered to the persons
so declining.
H.
An open-competitive, promotion or preferred eligible
list shall not be certified for filling a permanent competitive class
vacancy created by reclassification of a permanently encumbered competitive
class position if appointment or promotion from such list would require
the layoff of a permanent competitive class employee; but this provision
shall not apply if the incumbent whose position was reclassified,
following such reclassification, either refused to take an examination
for such reclassified position or failed to qualify for appointment,
examination or promotion to the reclassified position.
A.
In no case shall any person be eligible to participate
in a promotion examination until he has served at least six months
on a permanent basis in a lower grade position.
B.
Any person who is nominated for noncompetitive examination
for promotion to a position and who fails to pass two successive examinations
for such promotion shall not thereafter be eligible for employment
in such position, except by appointment or promotion from an eligible
list established following competitive examination.
A.
General.
(1)
Except as herein otherwise provided, every permanent
appointment from an open-competitive list and every original appointment
to a position in the noncompetitive, exempt or labor class shall be
for a probationary term of not less than eight nor more than 26 weeks.
(2)
The probationary term for training positions in which
an appointee is required to serve a specified training term shall
be not less than 12 nor more than 52 weeks.
(3)
An appointment shall become permanent upon the retention
of the probationer after his completion of the maximum period of service
or upon earlier written notice following completion of the minimum
period of service that his probationary term is successfully completed.
A copy of such notice shall be sent to the Commission. If the conduct
or performance of a probationer is not satisfactory, his employment
may be terminated at any time after the completion of the minimum
period of service in the manner as prescribed in these rules. If the
conduct or performance of a probationer is not satisfactory, his employment
may be terminated at any time after the completion of the minimum
period of service in the manner as prescribed in these rules.
[Amended 10-17-1995 by Ord. No. 228-1995]
(a)
Except as herein otherwise provided, every permanent
appointment from an open-competitive list and every original appointment
to a position in the noncompetitive, exempt or labor class shall be
for a probationary term of not less than eight nor more than 26 weeks.
(b)
The probationary term for training positions
in which an appointee is required to serve a specific training term
shall be not less than 12 nor more than 52 weeks.
(c)
An appointment shall become permanent upon the
retention of the probationer after his completion of the maximum period
of service or upon earlier written notice following completion of
the minimum period of service that his probationary term is successfully
completed. A copy of such notice shall be sent to the Commission.
(d)
The probationary term for every permanent appointment
from an open-competitive eligible list to the position of police officer
shall be for a probationary term of not less than 26 weeks nor more
than 64 weeks.
(4)
[1] Notwithstanding the provisions of § A367-14A, when a permanent employee is appointed or promoted from a certified eligible list to Police Sergeant, Police Lieutenant, Fire Lieutenant or Fire Captain, he/she shall be required to serve a probationary term of not less than 26 weeks nor more than 52 weeks.
[Added effective 10-12-1988]
[1]
Editor's Note: Former Subsection A(4), which
immediately preceded this subsection and dealt with the probationary
term of police officers and fire fighters, was repealed 10-17-1995
by Ord. No. 228-1995. This ordinance also renumbered former Subsection
A(5) as Subsection A(4).
B.
Interdepartmental promotions and transfers. An interdepartmental
promotion or transfer means a promotion or transfer from a position
in one department to a position in another department. Every interdepartmental
promotion or transfer shall be for a probationary term of 12 weeks.
If the conduct or performance of the probationer is not satisfactory,
his employment in such position shall be discontinued at the end of
such term. For the purposes of this subsection, the term "promotion"
shall include the appointment of an employee to a higher grade position
in the noncompetitive or exempt class.
C.
Promotions.
[Added 10-20-1988; amended 10-17-1995 by Ord. No. 228-1995]
(1)
Notwithstanding the provisions of § A367-14A, when a permanent employee is appointed or promoted from a certified eligible list to any position within the City School District of New Rochelle, he/she shall be required to serve a probationary term of 12 weeks.
(2)
Interdepartmental promotions and transfers. An "interdepartmental
promotion or transfer" means a promotion or transfer from a position
in one department to a position in another department. Every interdepartmental
promotion or transfer shall be for a probationary term of 12 weeks.
If the conduct or performance of the probationer is not satisfactory,
his employment in such position shall be discontinued at the end of
such term. For the purposes of this subsection, the term "promotion"
shall include the appointment of an employee to a higher grade position
in the noncompetitive or exempt class.
D.
[2] Notwithstanding the provisions of Rule XIII(1), every
promotion or transfer within the City of New Rochelle, the Public
Library and the Municipal Housing Authority shall be for a probationary
term of 12 weeks. If the conduct or performance of the probationer
is not satisfactory, his/her employment in such position shall be
discontinued at the end of such term. For purposes of this subsection,
the term "promotion" shall include all employees in the competitive,
noncompetitive, exempt and labor class.
[Added 10-17-1995 as Ord. No. 228-1995]
E.
Restoration to permanent position. When a permanent
employee is promoted or transferred to a position in which he is required
to serve a probationary term, the position thus vacated by him shall
not be filled, except on a temporary basis, during such probationary
term. At any time during such probationary term the employee shall
have the right to return to his previous position at his own election.
If the conduct or performance of the probationer is not satisfactory,
he shall be restored to his former permanent position at the end of
his probationary term.
F.
Absence during probationary term. Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term may, in the discretion of the appointing authority, be counted as time served in the probationary term. Any such periods of absence in excess of an aggregate of 10 workdays shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of his absence which, pursuant to this section, are not considered as time served in the probationary term. Nothing in this section shall be construed to except a probationer from the application of § A367-21D.
G.
Report on probationer's service. The probationer's
supervisor shall carefully observe his conduct and performance and,
at least two weeks prior to the end of the probationary term, shall
report thereon in writing to the proper appointing authority. The
supervisor shall also, from time to time during the probationary term,
advise the probationer of his status and progress. A probationer whose
services are to be terminated for unsatisfactory service shall receive
written notice at least one week prior to such termination and, upon
request, shall be granted an interview with the appointing authority
or his representatives.
H.
Restoration to eligible list. A probationer whose
employment is terminated or who resigns before the end of his probationary
term may request that his name be restored to the eligible list from
which he was appointed, provided that such list is still in existence.
His name may be restored to such list if the Commission, in its discretion,
determines that the probationer should be given a second opportunity
for appointment.
I.
Temporary or provisional service in higher level position.
When an employee who has not completed his probationary term is appointed
on a temporary or provisional basis to a higher position, the period
of temporary or provisional service rendered by such employee in such
higher level position may, in the discretion of the appointing authority,
be considered as satisfactory probationary service in his lower position
and may be counted as such in determining the satisfactory completion
of such probationary term. At any time after the expiration of the
minimum period of the probationary term, or the entire probationary
term if it is one of fixed duration, the appointing authority shall,
on request of such probationer, furnish his decision in writing as
to whether or not service in such higher level position shall be considered
as satisfactory probationary service. In the event of an adverse decision
by the appointing authority, such probationer, at his request, shall
be returned to his lower position for sufficient time to permit him
to complete his probationary term. The employment of such a probationer
in his lower position shall not be terminated at the end of his probationary
term on account of unsatisfactory service unless he shall have actually
served in such position, in the aggregate, at least the minimum period
specified for such probationary term or the entire probationary term
if it is one of fixed duration.
J.
Removal during probationary term. Nothing contained
in this section shall be construed to limit or otherwise affect the
authority of an appointing authority pursuant to § 75 of
the Civil Service Law, at any time during the probationary term, to
remove a probationer for incompetency or misconduct.
K.
Notwithstanding any other provisions of these rules,
the appointment or promotion of a police officer shall not become
permanent unless and until he has satisfied such requirements as may
be applicable to him under § 209-q of the General Municipal
Law. If a police officer is promoted to a higher rank for which he
has met all requirements of eligibility for permanent promotion, except
training requirements applicable under § 209-q of the General
Municipal Law, he shall be deemed to be on leave of absence from the
lower rank position from which he was promoted pending completion
of such training. During such period such lower rank position may
not be filled except on a temporary basis. In the event of his failure
to complete such training successfully within the time allowed therefor,
he shall be restored to such lower rank position.
L.
Any employee who is reinstated to a position after
a separation of more than one year, either in his former jurisdiction
or in another jurisdiction, shall serve a new probationary period
in the same manner and subject to the same requirements as apply upon
the original appointment to such position.
A.
Appointment to seasonal positions in competitive class.
(1)
Positions in the competitive class where the nature
of service is such that it is not continuous throughout the year,
but recurs in each successive year, except as herein otherwise provided,
shall be designated as seasonal positions and shall be subject to
the provisions of these rules applicable generally to positions in
such class.
(2)
Upon the expiration of the employment season, the
names of all persons employed in such seasonal positions shall be
entered upon a seasonal reemployment list in the order of their first
appointment to the title vacated by them at the expiration of such
employment season. Such seasonal reemployment list shall be certified
to the appointing authority at the commencement of or during the next
employment season, and the persons whose names appear thereon as still
qualified shall be entitled to reemployment in such positions in the
order in which their names appear on such list. Any such person may
be reexamined by the Commission with respect to his physical fitness
for the performance of the duties of the position, and may be disqualified
for reemployment in the same manner, and for any of the reasons applicable
to the disqualification of an eligible on an eligible list resulting
from open-competitive examination.
(3)
The name of any person on such list who is not reached
for reemployment shall remain on such list and shall be certified,
in the order of the date of his first appointment to such position
during subsequent seasons; provided, however, that the eligibility
for reemployment of any such person shall not continue for a period
longer than three years from the date of his separation from such
seasonal employment. A seasonal reemployment list shall not be deemed
to be a preferred list as provided for in § 81 of the Civil
Service Law.
B.
Trainee positions and appointments.
[Amended 12-27-1978]
(1)
The period of traineeship for designated positions
shall be for one year after the date of original appointment, except
that the minimum probationary period of 12 weeks must be satisfied
before any trainee position shall mature into a permanent appointment
to the regular position.
(2)
The Civil Service Commission may require that permanent
appointments or promotions to designated positions shall be conditioned
upon the satisfactory completion of a term of service as a trainee
in such a position or in an appropriate lower training title or the
completion of specified training or academic course, or both. The
period of such term of training service shall be prescribed by the
Commission. Upon the satisfactory completion of such training term
and of specified courses, if required, an appointee shall be entitled
to full permanent status in the position for which appointment was
made. Any appointment hereunder shall be subject to such probationary
period as is prescribed in these rules. Also, the employment of such
person may be discontinued if his conduct, capacity or fitness is
not satisfactory or at any time if he fails to pursue or continue
satisfactorily such training or academic courses as may be required.
A.
Effect of temporary appointment on eligibility for
permanent appointment. The acceptance by an eligible of a temporary
appointment shall not affect his standing on the eligible list for
a permanent appointment, nor shall the period of temporary service
be counted as part of the probationary service in the event of subsequent
permanent appointment.
B.
Provisional appointment of permanent employee. When
a permanent competitive class employee is given a provisional appointment
to another competitive class position in the same department or agency,
the position thus vacated by him shall not be filled on other than
a temporary basis pending his reinstatement thereto upon failure of
his provisional appointment to mature into permanent appointment.
C.
Successive provisional appointments. No provisional
employee who has failed the examination for permanent appointment
on two occasions, or refused to take such examination, shall be given
another provisional appointment in the same position.
D.
Contingent permanent appointments. A position left
temporarily vacant by the leave of absence of the permanent incumbent
may be filled, at the discretion of the appointing authority, by a
contingent permanent appointment through the use of an open-competitive
or promotion eligible list. Any person appointed on a contingent permanent
basis shall have all the rights and benefits of a permanent competitive
class employee subject to the following limitations:
[Added 2-14-1979; amended 10-17-1995 by Ord. No. 228-1995]
(1)
Probationary period. All appointments under this rule
shall be required to complete the probationary period for original
appointment or promotion as prescribed in this rule.
(2)
Return of incumbents. In the event of a layoff or
if the permanent incumbent returns from a leave of absence, persons
holding positions on a contingent permanent basis shall be displaced
before any persons holding permanent status in the same title regardless
of total seniority. In the event that more than one position in the
same title is held by persons having contingent permanent appointments,
displacement among those persons shall be based on the inverse order
of their contingent permanent appointments.
(3)
Preferred list. Upon displacement, if the contingent
permanent appointee was appointed from a promotion eligible list,
he/she shall be restored to his/her permanent position and have his/her
name placed on a preferred eligible list for certification as a mandatory
list only to the department or agency in which the contingent permanent
appointment was made. If the contingent permanent appointee was appointed
from an open-competitive eligible list and does not have a permanent
position to return to, he/she shall have his/her name placed on a
preferred eligible list for certification as a mandatory list in the
civil decision in which the contingent permanent appointment was made.
(4)
Seniority. When a contingent permanent appointment
matures into a permanent appointment, the date of permanent service
shall be the date of the original contingent permanent appointment.
A.
Transfer of eligibility for permanent appointment.
Upon the written request of an individual and the prospective appointing
authority, and subject to the approval of the Commission, any individual
serving in a competitive class position as a permanent appointee may
be permanently appointed to another competitive class position, subject
to these rules, without further competitive examination, provided
that:
[Amended effective 10-12-1988]
(1)
There is no preferred list appropriate for filling
the position to which appointment is sought containing the name of
an eligible willing to accept appointment.
(2)
There is no departmental promotion list for the position
to which appointment is sought containing the names of three or more
eligibles willing to accept appointment.
(3)
Scope and qualifications of examinations.
(a)
The Commission determines that the examinations'
scopes and qualifications for the positions held and to which appointment
is sought are identical; or
(b)
When the examinations' scopes and qualifications
are not identical, the New York State Department of Civil Service
has determined that the examination for the position held involved
or would involve essential tests and qualifications the same as or
greater than those of the position to which appointment is sought.
(4)
The Commission has determined that such appointment
is for the good of the service.
B.
Transfers between state and local positions.
(1)
A transfer may be made from a position in the state
service to a position subject to these rules, provided that the prospective
transferee meets the residence requirements, if any, applicable to
the position to which transfer is sought.
(2)
A transfer may be made from a position subject to
these rules to a position in the service of the state, provided that
the prospective transferee was, at or subsequent to the time of original
appointment in an agency subject to these rules, eligible for certification
and appointment to the position in the state service to which transfer
is sought.
(3)
A transfer pursuant to this section shall require
the approval of the State Civil Service Department and the Municipal
Civil Service Commission having jurisdiction over the local position
to or from which transfer is made.
C.
Transfers pursuant to reciprocal rules.
(1)
This section shall apply to transfers between positions
subject to these rules and positions in a civil division under the
jurisdiction of the State Civil Service Department or under the jurisdiction
of a municipal commission which had adopted a reciprocal rule permitting
transfers of employees to and from other governmental jurisdictions.
(2)
A transfer may be made pursuant to this section, provided
that:
(a)
The prospective transferee holds a position
to which he was appointed from an eligible list resulting from an
examination prepared and rated by the State Civil Service Department;
(b)
Such examination is or would be appropriate
for filling the position to which transfer is sought;
(c)
Such person meets applicable residence requirements,
if any, for the position to which transfer is sought; and
(d)
Such person at any time would have been eligible
and reachable for appointment to the position to which transfer is
sought from an eligible list resulting from an examination having
the same or less restrictive residence requirements than those applicable,
at the time of transfer, to the position to which transfer is sought.
(3)
Any person holding a permanent appointment in a competitive
class position in the service of a civil division may be transferred
to a similar position in another civil division having qualifications
and examination requirements similar to or lower than the position
then held by such person, as determined by the State Civil Service
Department, provided that a competitive examination for the latter
position in which such person was eligible to compete has failed to
produce sufficient eligibles to fill vacancies in the civil division
to which transfer is sought.
(4)
Any transfer pursuant to this reciprocal rule shall
require the approval of the State Civil Service Department and the
respective municipal commissions having jurisdiction over the positions
from which and to which transfer is sought.
A.
A permanent employee who has resigned from his position
may be reinstated without examination within one year from the date
of such resignation in the position from which he resigned, if then
vacant, or in any vacant position to which he was eligible for transfer
or reassignment. In computing the one-year period within which a person
may be reinstated after the resignation, the day the resignation takes
effect, any time spent in active service in the military or naval
forces of the United States or of the State of New York and any time
served in another position in the civil service of the same municipality
shall not be considered. In an exceptional case, the Commission may,
for good cause shown and where the interests of the government would
be served, waive the provisions of this rule to permit the reinstatement
of a person to his former position more than one year after resignation;
provided, however, that such a waiver to permit reinstatement more
than three years after resignation shall be subject to approval of
the State Civil Service Commission. For the purpose of this rule,
where an employee on leave of absence resigns, such resignation shall
be deemed effective as of the date of the commencement of such leave.
B.
Refusal or failure to accept reinstatement from preferred
list.
(1)
Relinquishment of eligibility for reinstatement. The
failure or refusal of a person on a preferred list, after reasonable
notice, to accept reinstatement therefrom to his former position,
or any similar position in the same salary grade for which such list
is certified, shall be deemed to be a relinquishment of his eligibility
for reinstatement, and his name shall thereupon be stricken from such
preferred list. The name of such person may be restored to such preferred
list, and certified to fill such appropriate vacancies as may thereafter
occur, only upon the request of such person and his submission of
reasons satisfactory to the Commission for his previous failure or
refusal to accept reinstatement.
(2)
Effect of refusal to accept reinstatement to lower
grade position. A person on a preferred list shall not be deemed to
relinquish his eligibility for reinstatement therefrom by reason of
his failure or refusal to accept reinstatement to a position in a
lower salary grade than the position from which he was suspended or
demoted. The name of such person may be withheld from further certification
for reinstatement to a position in the same or a lower salary grade
than the position to which he failed or refused to accept reinstatement.
(3)
Restoration to eligibility for reinstatement not to
affect previous appointments. The restoration of the name of a person
to a preferred list, or his restoration to eligibility for certification
therefrom to positions in a lower salary grade than his former position,
shall not invalidate or in any manner adversely affect any appointment,
promotion, reinstatement or demotion previously made to any position
to which such person would otherwise have been eligible for reinstatement
from such preferred list.
A.
A leave of absence without pay, not to exceed one year, may be granted to any employee by an appointing officer. Notice of such leave of absence shall be given to the Commission. Where a leave of absence without pay has been granted for a period which aggregates one year, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for three months immediately preceding the subsequent leave of absence. Notice of such subsequent leave of absence shall also be given to the Commission. Absence on leave for more than one year shall be deemed the equivalent of a resignation from the service upon the date of commencement of such absence, except as provided in Subsection B of this rule.
B.
In an exceptional case, the Commission may, for good
cause shown, waive the provisions of this rule to permit an extension
of the leave of absence for an additional one-year period. In no case
may such leave of absence exceed in aggregate two years from the date
of commencement of the leave.
C.
A leave of absence without pay, not to exceed four
years, shall be granted by an appointing officer to an employee who
is a veteran of the Armed Forces of the United States, provided that
such a leave of absence is for the purpose of taking courses under
the educational benefits provided for in Title 38, United States Code,
or under a New York State Board of Regents War Service Scholarship,
Education Law, § 614. An employee taking such a leave shall
be reinstated to his position, provided that he makes application
for such reinstatement within 60 days after the termination of his
courses of study.
D.
Whenever an employee is to be terminated under § 73
of the Civil Service Law following leave of absence occasioned by
ordinary disability or under § 71 following exhaustion or
termination of workers' compensation leave, he/she must be afforded
an opportunity for a hearing to contest the decision before such termination
is to take effect.
[Added 3-6-1991]
A.
Resignation in writing. Except as otherwise provided
herein, every resignation shall be in writing.
B.
Effective date. If no effective date is specified
in a resignation, it shall take effect upon delivery to or filing
in the office of the appointing authority. If an effective date is
specified in a resignation, it shall take effect on such specified
date. However, if a resignation is submitted while the employee is
on leave of absence without pay, such resignation, for the purpose
of determining eligibility for reinstatement, shall be deemed to be
effective as of the date of the commencement of such absence. Notwithstanding
the provisions of this section, when charges of incompetency or misconduct
have been or are about to be filed against an employee, the appointing
authority may elect to disregard a resignation filed by such employee
and to prosecute such charges; and, in the event that such employee
is found guilty of such charges and dismissed from the service, his
termination shall be recorded as a dismissal rather than as a resignation.
C.
Withdrawal or amendment. A resignation may not be
withdrawn, canceled or amended after it is delivered to the appointing
authority, without the consent of the appointing authority.
D.
Unauthorized absence; when deemed a resignation. When
an employee is absent without leave and without an explanation therefor
for a period of 10 workdays, such absence shall be deemed to constitute
a resignation effective on the date of the commencement of such absence.
The failure of an employee to return to his position within 10 workdays
following the expiration of a leave of absence, or extension thereof,
without submitting an explanation therefor within such ten-day period
shall constitute a resignation which, for purposes of determining
eligibility for reinstatement, shall be deemed to be effective as
of the date of the commencement of such leave of absence. Nothing
herein shall be deemed to excuse the unauthorized absence of an employee
or his failure to return to his position upon the expiration of an
authorized leave of absence, and any such failure may be regarded
as misconduct in an appropriate disciplinary proceeding.
E.
Voluntary demotion of permanent competitive employee.
An employee who voluntarily elects to relinquish his permanent competitive
class status to a position and accept a demotion must deliver a statement
of relinquishment to the appointing authority. Upon receipt of the
statement of relinquishment by the appointing authority, the employee
may be reinstated to any vacant lower salary level position for which
he is eligible for such reinstatement as provided in these rules.
Such statement of relinquishment shall not take effect until the employee
is reinstated to the lower level position.
For the purpose of certification of payrolls
and to enable the Commission to keep an official roster of the classified
service as required by law, each appointing officer, from time to
time, and upon the date of the official action in each case, shall
report to the Commission as follows:
A.
Every appointment or employment, whether probationary,
temporary or otherwise, in the classified service, with the date of
commencement of service and the title and compensation for the position.
B.
Every failure to accept an appointment under him by
a person eligible therefor, with copies of the offer or notice of
appointment and the reply thereto, if any.
C.
Every discharge during or at the end of a probationary
term, with the date thereof.
D.
Every vacancy in a position, for whatever reason,
with the date thereof.
E.
Every position abolished, with the date of such abolition.
F.
Every change of compensation in a position, with the
date thereof.
G.
Every promotion, giving positions from which and to
which made, with the salaries and date thereof.
H.
Every transfer, giving the positions from which and
to which made, with the date and salaries thereof.
I.
Every reinstatement in a position, with the date and
salary thereof.
J.
Every leave of absence, with the date and duration
thereof.
K.
Every new position, giving a complete description
of the duties thereof.
A.
Extended certifications. The Commission may certify
the employment of a person for a limited or extended period. No further
certification shall be necessary for the payment of salary or compensation
to such person, so long as his title and salary grade remain unchanged
and during such stated period, except as to the first payment for
services in each fiscal year and, if required by the Commission, the
first payment for services in the second half of each fiscal year.
Nothing herein shall be construed to prevent or preclude the Commission
from terminating or rescinding a certification at any time by giving
notice thereof to the appropriate fiscal or disbursing officer.
B.
Temporary certifications. When the name of any person
is first submitted for certification following his appointment, reinstatement,
promotion, transfer or other change in status, and the Commission
requires further information or time to enable it to make a final
determination thereon, the Commission may certify such person temporarily
pending such final determination. In such event the Commission shall
immediately request the necessary additional information from the
appointing authority, who shall furnish it forthwith. If such information
is not furnished promptly, or if the Commission finds, following receipt
of such information, that the employment of such person is not in
accordance with the law and rules, the Commission shall immediately
terminate such certification by notice to the appropriate fiscal or
disbursing officer.
C.
Refusal or termination of certification. Upon satisfactory
evidence of intention to evade the provisions of the law and of these
rules in assigning any employee to perform duties other than those
for which he was examined and certified or under any title not appropriate
to the duties to be performed, the Commission shall refuse certification
or terminate a certification previously made and then in force.
A.
ALLOCATION
CLASS
CLASS SPECIFICATION
CLASS TITLE
RECLASSIFICATION
Definitions. For the purpose of this rule, the following
definitions shall apply:
The assignment of a position to an appropriate class as determined
by the duties, responsibilities and minimum qualification requirements
of the position.
One or more positions sufficiently similar with respect to
duties and responsibilities to be designated by a single descriptive
title and treated as a unit for the purpose of recruiting, establishing
salary ranges and administering other personnel functions.
A formal written statement of the class which defines the
general character and scope of the duties and responsibilities of
positions in the class, lists typical or illustrative examples of
work of positions in the class, enumerates the knowledge, skills and
abilities required for successful performance of the work and states
required minimum experience and training for positions in the class.
The designation given under these rules to a class and to
each position allocated to such class.
The reallocation of a position from one class to another
because of a permanent and material change of the duties of that position.
B.
The Commission shall prepare and maintain a list of
class titles and class specifications for all positions in the classified
service of the civil division and shall allocate all such positions
to an appropriate class.
C.
Classification of vacant positions. The appointing
officer shall file a prescribed form with the Commission when a classified
position which has or is about to become vacant is to be filled. Such
form shall contain a detailed description of the duties and responsibilities
of the position to be filled and a statement of suggested minimum
entrance qualifications for the position. After an analysis of the
position description, the Commission shall allocate the position to
an appropriate class or, if no appropriate class exists, shall create
a new class and prepare a class specification for such position.
D.
Classification of new positions. The appointing officer
shall file a prescribed form with the Commission when a new position
is to be created. Such form shall contain a detailed description of
the duties and responsibilities of the position to be filled and a
statement of suggested minimum entrance qualifications for the position.
After an analysis of the position description, the Commission shall
allocate the position to an appropriate class, or if no appropriate
class exists, shall create a new class and prepare a class specification
for such new class.
E.
Reclassification. The appointing officer shall file
a prescribed form with the Commission whenever a permanent and material
change is made in the duties and responsibilities of any position.
Such form shall clearly describe in detail the changes which have
been made in the duties of the position. After an analysis of the
changes in the duties and responsibilities of the position, the Commission
shall allocate the position to an appropriate class, or if no appropriate
class exists, shall create a new class and prepare a class specification
for such position.
F.
Notice and appeals. Any appointing officer may make
application for the classification or reclassification of any position
in his department, or any employee in the classified service may apply
for a reclassification of his position. Such application must set
forth reasons in support of the requested reclassification, and must
show changes in the duties and responsibilities of the position since
the last determination with respect to its classification. The Commission
shall give reasonable notice of any proposal or application for a
change in classification to the appointing officer and to the employee
or employees affected thereby. Any person desiring to submit facts
orally or in writing in connection with the reclassification of any
position shall be afforded reasonable opportunity to do so. The Commission
shall then determine the proper allocation of the position. No employee,
either by classification or reclassification, change of title or otherwise,
shall be promoted, demoted, transferred, suspended or reinstated except
in accordance with the provisions of the Civil Service Law and these
rules.[1]
[1]
Editor's Note: Rule XXIV, Grading of Positions,
which immediately followed this subsection, was omitted pursuant to
request of the community. Current provisions regarding grading of
positions are on file in the City Offices.
No question in any examination or application
or other proceeding by the Commission or its examiners shall be so
framed as to elicit information concerning, nor shall any other attempt
be made to ascertain the political opinions or affiliations of any
applicant, competitor or eligible, and all disclosures thereof shall
be discountenanced by the Commission and its examiners. No discrimination
shall be exercised, threatened or promised against or in favor of
any applicant, competitor or eligible because of his political opinions
or affiliation. Nothing in this section shall prevent proper inquiry
as to membership in subversive organizations.
A.
DIRECT LINE OF PROMOTION
LAYOFF UNIT
NEXT LOWER OCCUPIED TITLE
PERMANENT SERVICE
(1)
(2)
(3)
(4)
(5)
SATISFACTORY SERVICE
For the purpose of this rule, the following terms
shall mean:
Shall be strictly construed in that, in order to be considered
as "direct line," all titles must have the same generic root.
Each department of a county, city, town, village, each school
district and each special district. Authorities and community colleges
shall be deemed to be separate civil divisions.
The title in direct line of promotion immediately below the
title from which the incumbent is suspended or demoted, unless no
one is serving in that title in that layoff unit, in which case it
shall be the closest lower title in direct line of promotion in that
layoff unit in which one or more persons do serve.
"Permanent service" shall start on that date
of the incumbent's original appointment on a permanent basis in the
classified service; however, in the case of disabled veterans, the
date of original permanent appointment is considered to be 60 months
earlier than the actual date; while nondisabled veterans are considered
to have been appointed 30 months earlier than their actual date of
appointment. For the purposes of this rule, the definition of what
constitutes a veteran or disabled veteran is contained in § 85
of the Civil Service Law.
A resignation followed by a reinstatement or
reappointment more than one year subsequent to the resignation constitutes
a break in service. The original appointment date is to be determined
from the date of reemployment; the prior service would not count.
Temporary or provisional service preceding the
original permanent appointment does not count. However, temporary
or provisional employment immediately preceded and followed by permanent
classified service employment does not interrupt continuous service.
The "permanent service" of any employee who
was transferred from another civil division shall start on the date
of his original permanent appointment in the classified service in
the other civil division.
If an employee was covered-in to a classified
position upon acquisition by a civil division of an agency in which
he was employed, his seniority begins on the effective date of the
cover-in. As between that employee and others covered-in on the same
date, they shall have the seniority held by them as among themselves
in the agency before the cover-in.
Service by an employee during which he did not receive an
unsatisfactory performance rating and was not found guilty of misconduct
or incompetency pursuant to § 75 of the Civil Service law
which resulted in the imposition of any of the following penalties
upon such employee:
B.
Suspension.
(1)
When an occupied position in the competitive class
is abolished, suspension is to be made from among those employees
holding the same title in the same layoff unit as the abolished position.
(2)
Among permanent employees, the order of suspension
is the inverse of the order of their original permanent appointments
in the classified service. See above definition of "permanent service"
for veterans and disabled veterans. An exception to this rule is that
the blind have absolute retention rights, but only in their job status.
A blind person may not back-date his permanent service if he also
happens to be either a veteran or disabled veteran. A person is considered
blind if he is so certified by the Commission for the Visually Handicapped
of the New York State Social Services Department.
(3)
When two or more permanent incumbents of positions
in a specific title are suspended, demoted or displaced at the same
time, the order in which they shall be entitled to displace shall
be determined by their respective retention standing, with those having
the greater retention standing entitled to displace first.
(4)
When several employees were originally appointed on
a permanent basis on the same day, their retention rights shall be
determined by their rank on the eligible list from which they were
appointed; that person having the highest rank having greater retention
rights over those having lower ranks.
(5)
All temporary, provisional and contingent permanent
employees occupying these positions must be let go before any permanent
employee is suspended from such positions.
(6)
Probationary employees occupying such positions in
the same title must also be suspended before any permanent employee
in the layoff unit in that title who has completed his probationary
period. Probationary employees do, however, have superior retention
rights to those of contingent permanent, temporary and provisional
employees.
(7)
The order of suspension among probationary employees
shall follow the same principles as that among permanent employees.
C.
Vertical bumping.
(1)
Vertical bumping occurs when an employee in a specific
title to which there is a direct line of promotion, who is himself
suspended or displaced, displaces an employee in the next lower occupied
title in direct line of promotion in the same layoff unit having the
least seniority if the employee who seeks to displace has greater
retention standing.
(2)
Where the layoff involved more than one position in
a title, the order of displacement will be the inverse of the order
of suspension. That is, the most senior of the suspended employees
will be the first to displace. This shall apply to both vertical bumping
and retreat.
(3)
If an employee refuses to displace a junior incumbent,
he must be laid off. This, however, does not protect the junior incumbent
from being compared in retention standing with other incumbents if
other positions at the higher level are being abolished.
(4)
When a next lower title has been occupied by means
of displacement, regardless of when the displacement into the title
has occurred, it is considered to be occupied for further displacement
purposes; however a next lower title which has all of its positions
abolished at the same time as positions are abolished at the higher
level cannot be considered as occupied. A title which is occupied
by an incumbent, temporary, provisional, contingent permanent, probationary
or permanent is considered occupied for the purposes of this section.
D.
Retreat.
(1)
Retreat occurs when and only when there is no lower
occupied position in direct line of promotion at any level.
(2)
An employee may retreat by displacing the incumbent
with the least retention right who is serving in a position in the
title in which the displacing incumbent last served on a permanent
basis prior to service in the title from which he is currently suspended
or displaced. Retreat may only occur where the position in the title
formerly held by the displacing incumbent is occupied in the competitive
class, in the same layoff unit and at a lower salary grade; the service
of the displacing incumbent while in the former title must have been
satisfactory, and the junior incumbent must have less retention standing
than the displacing incumbent.
(3)
The service of the displacing incumbent in the title
to which he is retreating need not have been in the same layoff unit
as the one from which he is displaced.
(4)
An employee may also displace by retreat to a position
in a title he last served on a permanent basis although he had intervening
service in other titles as long as his service in each of the intervening
titles was on other than a permanent basis. He may also displace by
retreat to a position which does not count in the computation of his
continuous service.
(5)
Where a title change has been effected to better describe
the duties of a position but the duties have not substantially changed
since the suspended employee last served in that title, the new title
will, for retreat purposes, be deemed to be the former title.
E.
An employee who refuses to accept an appointment afforded
by displacement for whatever reason waives all rights regarding the
displacement; however, this employee's name will be entered on an
appropriate preferred list.
F.
Preferred list standing for competitive class employees
on and after October 1, 1972, shall be as follows:
(1)
On and after October 1, 1972, those employees whose
positions were abolished prior to that date and who therefore had
their standing on the preferred list determined by the date of their
original appointment on a permanent basis in the competitive class
shall retain among themselves such preferred list standing, including
the preferences to which they were entitled as blind, disabled veterans
and nondisabled veterans.
(2)
Blind employees whose positions are abolished on or
after October 1, 1972, shall have their preferred list standing determined
by the date of their original appointment on a permanent basis in
the classified service, whether or not they are also disabled veterans
or nondisabled veterans; provided, however, that the blind shall be
granted absolute preference on the preferred list over all other employees
except those disabled veterans and blind employees whose positions
were abolished prior to October 1, 1972, with whose names theirs shall
be interfiled.
(3)
Disabled veterans whose positions are abolished on
or after October 1, 1972, shall have their preferred list standing
determined by the date of their original appointment on a permanent
basis in the classified service; provided, however, that the date
of such original appointment shall be deemed to be 60 months earlier
than the actual date, determined in accordance with § 30
of the General Construction Law.
(4)
Nondisabled veterans whose positions are abolished
on or after October 1, 1972, shall have their preferred list standing
determined by the date of their original appointment on a permanent
basis in the classified service; provided, however, that the date
of such original appointment shall be deemed to be 30 months earlier
than the actual date, determined in accordance with § 30
of the General Construction Law.
(5)
Nonveterans whose positions are abolished on or after
October 1, 1972, shall have their preferred list standing determined
by the date of their original appointment on a permanent basis in
the classified service.
G.
An appointing authority may take such steps as it
may deem necessary in order to secure binding written commitments
in advance of suspension, demotion or displacement from employees
potentially affected by such suspension, demotion or displacement
as to their willingness to accept reassignment or displacement.
