4.2 Appointment and promotion. Any modification approved pursuant to this paragraph may extend the duration of a plan to a date no more than one year beyond the two-year period authorized by paragraph (c-3) of this subdivision. The state and municipal civil service commissions may, by rule, provide for the extension of some or all of the rights and benefits of permanent status to an employee who is appointed or promoted, after having qualified therefor in the same manner as required for permanent appointment or promotion, to a position left temporarily vacant by the leave of absence of the permanent incumbent thereof. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a fire fighter unless he or she shall satisfy the basic requirements for education, health and physical fitness established by the state fire administrator pursuant to section one hundred fifty-eight of the executive law. At any time when the state commission is considering a new or modified plan, the state commission may request additional supporting documentation or explanation. 1. (a) Definition. All rights reserved. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a fire fighter unless he or she shall satisfy the basic requirements for education, health and physical fitness established by the state fire administrator pursuant to section one hundred fifty-eight … In instances where candidates are pending required qualifying tests, the certification may be extended until such tests are completed and the appointing authority has had a reasonable opportunity to make appointments. Pending receipt of such supporting documentation or explanation, the time period for state commission approval or disapproval of such new plan or modification shall be tolled. Google Chrome, The state commission shall act upon the request for modification within sixty days. (h)(i) If the DCAS employers are not in substantial compliance with the time periods permitted by subdivisions one, two, three and four of this section by December thirty-first, two thousand twenty-one, as set forth in the report submitted by DCAS pursuant to subparagraph (ii) of this paragraph, then an advisory workgroup for provisional appointments in the city of New York (“advisory workgroup”) shall be established. Provided that the employee taking such examination shall meet the minimum educational and other specified requirements set forth in the notice of examination for the title in which he or she currently serves, as established by the DCAS employers, an employee with two years of provisional service may be appointed from the list resulting from such examination. Original Source: CHAPTER I. 1. For more detailed codes research information, including annotations and citations, please visit Westlaw. Read this complete New York Consolidated Laws, Civil Service Law - CVS § 65. Provisional appointments may only be extended as provided under Section 65 of New York State Civil Service Law. Such revised plan may contain any elements or means of implementation authorized by paragraph (b) of this subdivision. Article I. Such non-competitive examination may consist of a review and evaluation of the training, experience and other qualifications of the nominee, without written, oral or other performance tests. The Laws of New York; Consolidated Laws; Civil Service; Article 4: Recruitment of Personnel; Title A: Examinations and Eligible Lists; SECTION 58-A Requirements for provisional or permanent appointment of certain fire fighters. (a) The commissioner of citywide administrative services may authorize a temporary appointment, without examination, when the person appointed will render professional, scientific, technical or other expert services:(1) on an occasional basis; or(2) on a full-time or regular part-time basis in a temporary position established to conduct a special study or project for a period not exceeding eighteen months. The advisory workgroup shall consist of six members, one of whom shall be appointed by the governor, one of whom shall be appointed by the speaker of the assembly, one of whom shall be appointed by the temporary president of the senate, two of whom shall be appointed by the mayor of the city of New York, including one recommended by the citywide bargaining representative, and one of whom shall be appointed by the commissioner of the New York city department of citywide administrative services (DCAS). For purposes of this subdivision, “DCAS employers” shall mean (i) the city of New York;  and (ii) any other entities whose civil service and examinations are administered by the New York city department of citywide administrative services (“DCAS”), and who opt to participate in this section by written notice to the state commission within thirty days of the effective date of this subdivision. If, upon review of such response, the state commission concludes that the DCAS employers are still in non-compliance, it shall so inform DCAS and may then in its discretion take such measures as it deems necessary to bring about compliance, including precluding one or more DCAS employers from making any additional provisional appointments to positions directly related to the finding of non-compliance, or taking such other measures, including seeking equitable relief in a court action, as may be authorized by law. Notwithstanding any inconsistent provision of this subdivision, this subdivision shall no longer be in force and effect if no revised plan has been approved by the state commission within eighteen months from the effective date of this paragraph. Any such agreement may apply upon the effective date of chapter five of the laws of two thousand eight, and during the timely submission, approval and implementation of a plan in accordance with paragraphs (b), (c) and (e) of this subdivision, and of revised plans in accordance with paragraphs (c-1), (c-3) and (c-4) of this subdivision, and shall not apply to any provisional employee serving in a position for which an appropriate eligible list has been established pursuant to a plan approved in accordance with this subdivision unless such list is not adequate to fill all positions then held on a provisional basis or is exhausted immediately following its establishment. "The COVID pandemic was a stress test on governments across the country, but New York showed what it means for government to perform for the people it serves," Governor Cuomo said. § 61 Appointment and Promotion 1. The department is hereby authorized to charge the city of New York for the services and costs associated with approving and monitoring any plan submitted by the DCAS employers. Appointments to competitive class titles can be permanent (if appointed from a civil service list) or provisional. We will always provide free access to the current law. Internet Explorer 11 is no longer supported. (c-1) Revised plan for provisional employees. Within sixty days of the submission of such plan, the state commission shall approve the revised plan, with or without recommended changes, or disapprove it. There are other exceptions. No provisional appointment shall continue for a period in excess of nine months. [Expires and is deemed repealed Dec. 31, 2021, pursuant to 1 Subdivision 5 was added by L.2008, c. 5, § 2, eff. Permanent – Permanent appointments in the competitive class are made from eligible lists established as a result of competitive examinations. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Pending the receipt of such supporting documentation or explanation, the time period for state commission approval or disapproval of the plan shall be tolled. (i) DCAS may administer a qualified incumbent examination (“QIE”) for appointment to any competitive title, consistent with subparagraph (ii) of this paragraph, exclusively to current employees who, at the time of application to take such examination, have served provisionally in such title for two or more years. Most positions within City government are in the competitive class. A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. No provisional appointment shall continue for a period in excess of nine months. These are positions where it is possible for a test to determine an applicant's merit and fitness for the job. The advisory workgroup shall submit to the governor, the state legislature and the mayor a single recommended plan for the DCAS employers to substantially comply with the time periods permitted by subdivisions one, two, three and four of this section, to be adopted by or pursuant to state legislation. Where applicable, enforcement remedies utilized by the state commission pursuant to this paragraph shall be directed at the particular city agency, or public entity other than the city, that the state commission finds to have caused the finding of non-compliance. Within sixty days after the effective date of this paragraph, the DCAS employers shall be required to submit to the state commission for its approval a single comprehensive revision of the plan prepared pursuant to paragraph (b) of this subdivision, to be implemented by November first, two thousand eighteen, to further reduce the number of provisional appointments that have continued beyond the periods otherwise permitted by this section. APPOINTMENTS 1. NYS Civil Service Law Section 65 addresses time limitations, and states that a provisional appointee shall not serve more than nine months, and that after a month of service, or “as soon as practicable thereafter,” a civil service examination should be conducted “in order to prevent the provisional appointment from continuing in excess of nine months.” A provisional appointment to any position shall be terminated within two months following the establishment of an appropriate eligible list for filling vacancies in such positions;  provided, however, that where there are a large number of provisional appointees in any department or agency in the service of the state or any civil division thereof to be replaced by permanent appointees from a newly established eligible list, and the appointing officer or body deems that the termination of the employment of all such provisional appointees within two months following establishment of such list would disrupt or impair essential public services, evidence thereof may be presented to the civil service department or municipal commission having jurisdiction which, after due inquiry, and upon finding that it is in the best interest of the public service, may waive the provisions of this subdivision requiring the termination of the employment of provisional appointees within two months following the establishment of an appropriate eligible list and authorize the termination of the employment of various numbers of such provisional appointees at stated intervals prescribed by such commission;  provided, however, that in no case shall the employment of any such provisional appointee be continued longer than four months following the establishment of such eligible list. Such revised plan may additionally contain any elements or means of implementation authorized by paragraph (b) of this subdivision. The civil service department shall for competitive positions within its jurisdiction, and a municipal civil service commission shall for competitive positions within its jurisdiction, order a civil service examination for any position held by provisional appointment for a period of one month and such department or commission shall conduct a civil service examination, or see that such an examination is conducted, as soon as practicable thereafter, in order to prevent the provisional appointment from continuing for a period in excess of nine months. .] Notwithstanding any inconsistent provision of this paragraph, where a modification is insubstantial, and will not materially affect the ability of the DCAS employers to reduce the number of provisional appointments in accordance with paragraph (c-1), (c-3) or (c-4), as applicable, of this subdivision, DCAS may so certify and the modification may be implemented and shall be filed by DCAS with the state commission within five business days. I’m not too familiar with these titles, but generally if you didn’t have to take a test, get pulled from a list, or are represented by a union, then your job might be subject to the general provisions of DCAS Rules and Regulations ( see PRR Rule 7, Section 5 here ). Search by Keyword or Citation ; Search by Keyword or Citation. https://www.­nysenate.­gov/legislation/laws/CVS/65 RULES FOR THE CLASSIFIED SERVICE. we provide special support Short Title; Definitions; Article II. In the event of revocation of the plan, this subdivision shall no longer have any force and effect. In the state service, or in the service of a city containing more than one county, promotion examinations may be held for such subdivisions of a department as the state civil service department or the municipal commission of such city, as the case may be, may determine to be an appropriate promotion unit, but departmental and interdepartmental promotion eligible lists shall not be certified to a department until … No such provisional employee shall be deemed to be permanently appointed under such circumstances, nor may such disciplinary procedures be deemed to preclude removal of an employee as a result of the establishment of and appointments from an appropriate eligible list or in accordance with any other provision of law. Notwithstanding any inconsistent provision of this subdivision, this subdivision shall no longer be in force and effect if no revised plan has been approved by the state commission within eighteen months from the effective date of this paragraph. Neither provisional service in a title performed by an employee during a period of time in which there existed an appropriate eligible list of candidates for the title, unless such list was not adequate to fill all positions then held on a provisional basis or was exhausted immediately following its establishment, nor service in a temporary title established pending proposed reclassification shall count toward such two years of provisional service. The approval process shall otherwise conform to the timeframes and procedures set forth in paragraph (c) of this subdivision. Upon approval of a plan or any modification thereof, such plan or modification shall be binding upon, and shall be implemented by, the DCAS employers. In the event that the state commission has informed DCAS of a specific finding of persistent and material non-compliance, then, in addition to any other authorized measures, it may (i) preclude one or more DCAS employers from making any additional provisional appointments to positions directly related to the finding of persistent and material non-compliance, or to positions in the particular city agencies, or public entities other than the city, in which the persistent and material non-compliance has been found, or (ii) revoke its approval of the plan, or any part thereof. New York Civil Service Law Sec. The failure of the DCAS employers to provide materially accurate information, or reasonably available documentation or reasonable explanation upon request by the state commission within sixty days, shall be grounds for disapproval of the plan. This probationary period is generally for a minimum of 8 and a maximum of 52 weeks - with certain exceptions such as an interdepartmental transfer which is for a probationary term of 26 weeks or a trainee appointment which has a maximum of 52 weeks. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Expand sections by using the arrow icons. The recommended plan shall to the extent practicable be supported by appropriate documentation and explanation. The revised plan shall be supported by appropriate documentation and explanation, and the information contained in the plan shall be confirmed by the commissioner of DCAS as accurate to the best of his or her knowledge, based on a reasonable inquiry by DCAS into the facts set forth therein. Such report shall contain numbers that are as current as practicable and shall include the total number of provisional appointments remaining, the number of provisional appointments that have been reduced, the number of provisional appointments that still need to be reduced in order to achieve substantial compliance as provided by paragraph (b) of this subdivision, and a statement of whether DCAS believes substantial compliance with the timeframes permitted by this section as provided by paragraph (b) of this subdivision can be achieved by December thirty-first, two thousand twenty-one. If the state commission concludes that the DCAS employers have failed to comply with their plan, the state commission shall provide them with notice through DCAS of such finding, including whether the failure is alleged to be persistent and material, and thirty days to respond. I, § 2 5. Firefox, or (g) Agreements governing disciplinary procedures. (iii) DCAS shall not administer a QIE for any title for which (a) an examination has been administered but an eligible list has not been established, or (b) there exists an eligible list resulting from an open competitive examination that contains three or more individuals. The following is basic information that will help applicants to understand the hiring process and take the mystery out of getting a job with New York State. Appointment or promotion from eligible lists. If the state commission takes none of these actions within such period, it shall be deemed to have approved the plan. L.2008, c. 56, pt. Location:https://newyork.public.law/laws/n.y._civil_service_law_section_65. 2. At any time when the state commission is considering a plan, the state commission may request additional supporting documentation or explanation. Begin typing to search, use arrow keys to navigate, use enter to select. Successive provisional appointments. 4.11 Contingent permanent appointments … Successive provisional appointments shall not be made to the same position after the expiration of the authorized period of the original provisional appointment to such position;  provided, however, that where an examination for a position or group of positions fails to produce a list adequate to fill all positions then held on a provisional basis, or where such list is exhausted immediately following its establishment, a new provisional appointment may be made to any such position remaining unfilled by permanent appointment, and such new provisional appointment may, in the discretion of the appointing authority, be given to a current or former provisional appointee in such position, except that a current or former provisional appointee who becomes eligible for permanent appointment to any such position shall, if he is then to be continued in or appointed to any such position be afforded permanent appointment to such position. TITLE 4. The city of New York shall pay such estimated costs to the department by December fifteenth, two thousand eight and each year thereafter. Examples include Police Officers and most Administrative and Technical positions. 4 CRR-NY 4.11. Civil Service Basics. In the event that a plan has been disapproved, a new or modified plan shall be submitted to the state commission within sixty days. A summary of NYS Civil Service Laws are on the NYS Civil Service website. 3. The remedy is fairly severe. No provisional appointment shall continue for a period in excess of nine months. All subsequent communications from the DCAS employers to the state commission pursuant to this subdivision shall be provided by the commissioner of DCAS on behalf of such employers, and all notices provided to the DCAS employers pursuant to this subdivision shall be provided to the commissioner of DCAS. Join thousands of people who receive monthly site updates. [Expires and deemed repealed Dec. 31, 2021, pursuant to 1. The revised plan shall be supported by appropriate documentation and explanation, and the information contained in the plan shall be confirmed by the commissioner of DCAS as accurate to the best of his or her knowledge, based on a reasonable inquiry by DCAS into the facts set forth therein. The state and municipal civil service commissions may, by rule, provide for the extension of some or all of the rights and benefits of permanent status to an employee who is appointed or promoted, after having qualified therefor in the same manner as required for permanent appointment or promotion, to a position left temporarily vacant by the leave of absence of the permanent incumbent thereof. For more information on upcoming exams visit our Current & Upcoming Examspage. Temporary appointments authorized; duration. Costs. The provisions of subdivision two of this section shall be applicable to any provisional employee serving in a position for which an appropriate eligible list has been established pursuant to such plan or revised plans, unless such list is not adequate to fill all positions then held on a provisional basis or is exhausted immediately following its establishment. for non-profit, educational, and government users. 4 CRR-NY 4.2. Copyright © 2021, Thomson Reuters. Referencing the DOE, I believe this might fall under the NYS Civil Service Law section 35 . Permanent appointments are also made to non-competitive, exempt, and labor classes. Such revised plan may additionally contain any elements or means of implementation authorized by paragraph (b) of this subdivision. Governor Andrew M. Cuomo today announced new nominations, which were confirmed by the Senate, and appointments to his administration. increasing citizen access. No provisional appointment shall continue for a period in excess of nine months. (v) A list resulting from a QIE must be exhausted before an eligible list resulting from an open competitive examination for that title may be certified to any agency. (c-3) Revised plan for provisional employees. Any permanent appointment in the competitive, non-competitive, exempt or labor class is initially made for a probationary period during which the employee must prove his or her ability and competence to do the work. .] Permanent appointments are subject to probationary periods. (d) Modifications of the plan. The advisory workgroup shall be chaired by a member designated by the mayor. Temporary appointments. Microsoft Edge. New York Laws > Civil Service > Article 4 > Title B > § 64 N.Y. Civil Service Law 64 – Temporary Appointments . A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. For appointment, ... Civil Service Law §64 allows for temporary appointments to competitive class positions when the permanent incumbent is on a leave from the position or in the event that the position will exist for only a short duration: 1) Three-month Temporary Appointment. "The new additions to our team bring a wealth of expertise and … If you would like … Within one hundred twenty days of submission of a plan by the DCAS employers, the state commission shall approve the plan, approve the plan with recommended changes, or disapprove the plan. Requirements for provisional or permanent appointment of certain fire fighters. OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK. (ii) DCAS shall submit a progress report to the governor, speaker of the assembly, temporary president of the senate and the mayor of the city of New York no later than December thirty-first, two thousand twenty. Within sixty days of the submission of such plan, the state commission shall approve the revised plan, with or without recommended changes, or disapprove it. The state commission shall approve the plan if it finds that, consistent with available resources and the need for continuity in public services, such submitted plan provides a timely and practicable implementation schedule in furtherance of the purposes of this subdivision. (vi) A person appointed from a list resulting from a QIE shall be credited with the time he or she served provisionally in that title toward the probationary period for that title up to a maximum of nine months. In the event that a request for modification is disapproved, the plan previously in effect shall remain in effect, provided that the DCAS employers may at any time submit a new proposed modification. New York Codes, Rules and Regulations Home; Search ; Help; 4 CRR-NY 4.11 NY-CRR. The failure of the DCAS employers to provide reasonably available documentation or reasonable explanation in relation to the new or modified plan upon request by the state commission within thirty days shall be grounds for disapproval of the new or modified plan. 4 CRR-NY 4.2 . Interestingly, because of the strong state policy against the improper use of provisional appointments, any citizen of the State of New York, including any permanent civil service employee adversely affected by an improper provisional appointment, can go to court and challenge the improper provisional appointment. Jan. 28, 2008. The approval process shall otherwise conform to the timeframes and procedures set forth in paragraph (c) of this subdivision. (iv) A list resulting from a promotional examination for a title must be exhausted before a list resulting from a QIE for that title may be established. Such recommended plan may include, but shall not be limited to, a schedule for administration of examinations and establishment of eligible lists, a determination of additional appropriate existing or planned eligible lists that may be used, consolidation of titles through appropriate reclassification, and any other lawful and appropriate means of implementation. No provisional appointment shall continue for a period in excess of nine months. Such request shall detail the circumstances that have arisen necessitating the request, including but not limited to unforeseen demands upon resources, unforeseen projected impacts upon the provision of public services, or a finding that implementation of any part of the plan is impracticable, unduly burdensome or otherwise likely to prevent the successful implementation of the plan or any aspect thereof. Termination of provisional appointments. 2008 New York Laws > 2008 N.Y. Civil Service Law 65 – Provisional appointments (e) Plan implementation. 4. 4 CRR-NY 4.11. L.2008, c. 5, § 5 Most positions working for New York State Government and almost all permanent positions with the Department of Environmental Conservation are covered by Civil Service Law. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In the event the city of New York shall not have made such required payments by December fifteenth, two thousand eight and each year thereafter, the commissioner shall certify the unpaid amount to the state comptroller, and the comptroller shall, to the extent not otherwise prohibited by law, withhold such amount from the next succeeding payment of per capita assistance to be apportioned to the city of New York. Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the appointing officer may nominate a person to the state civil service department or municipal commission for non-competitive examination, and if such nominee shall be certified by such department or municipal commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination. New York Civil Service Law Sec. (last ac­cessed Dec. 13, 2016). The plan shall be supported by appropriate documentation and explanation, and the information contained in the plan shall be confirmed by the commissioner of DCAS as accurate to the best of his or her knowledge, based on a reasonable inquiry by DCAS into the facts set forth therein. (c-4) Additional plan revision for provisional employees. Notwithstanding any inconsistent provision of this chapter or any other law or rule to the contrary, any DCAS employer and an employee organization, as such term is defined in article fourteen of this chapter, may enter into agreements to provide disciplinary procedures applicable to provisional appointees or categories thereof who have served for a period of twenty-four months or more in a position which is covered by such an agreement. 5. 1. (f) Time limitation. NYSenate.gov, The state commission may in its discretion approve the modification, approve the modification with recommended changes, or disapprove the modification;  provided, however, that if the state commission takes no action within such period, it shall be deemed to have approved the modification, and provided further that if the changes recommended by the state commission are not accepted by the DCAS employers within thirty days, the modification shall be deemed disapproved. 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