N.Y. Comp. Codes R. & Regs. tit. 22 § 25.26

Current through Register Vol. 46, No. 43, October 23, 2024

Section 25.26 - Transfers and reassignments

(a) Definitions. Unless otherwise expressly stated or unless the context requires a different meaning, the following terms as used in this section shall be construed as set forth herein:

(1) The term reassignment means the change, without further examination, of a permanent employee from his or her present permanent title, position and location to another similar position in the same promotion unit.

(2) The term transfer means the change, without further examination, of a permanent employee from his or her present permanent title, position and location within one promotion unit to a similar position within another promotion unit.

(b) General provisions.

(1) Except as provided in subdivision (e) of this section, no employee shall be transferred to a position for which there is required by this Part an examination involving essential tests or qualifications different from or higher than those required for the position held by such employee.

(2) The Chief Administrator of the Courts and the State and municipal civil service commissions may adopt rules governing transfers between positions in their respective jurisdictions and may also adopt reciprocal rules providing for the transfer of employees from one governmental jurisdiction to another.

(3) No employee shall be transferred without his or her consent, except upon the transfer of functions as provided in this section.

(4) A transfer may not be made to a position for which a preferred list exists containing the name of an eligible willing to accept reinstatement to such position, unless the vacancy created by such transfer is in the same geographical area as the position to which transfer is made and such eligible is simultaneously offered reinstatement to such vacancy.

(5) A transfer may be made only if the position to which transfer is sought is at the same or substantially the same or a lower salary level than the position from which transfer is sought.

(6) Every transfer shall require the approval of the Chief Administrator.

(7) A person appointed to a position in the Unified Court System in any particular court or court agency may not, during the life of the eligible list from which he or she was appointed or for at least one year, whichever is longer, be transferred or reassigned to a similar position in another court or court agency unless he or she is reachable for appointment to such other position from such eligible list, except under a reassignment program approved by the Chief Administrator.

(c) Transfer of personnel upon transfer of functions. Upon the transfer of a function from a department or agency of the State or from a civil division of the State to the Unified Court System, or vice versa, provision shall be made for the transfer of necessary employees. Employees so transferred shall be transferred without further examination or qualification, and shall retain their respective civil service or court service classifications and status. For the purpose of determining the employees holding permanent appointments in competitive class positions to be transferred, such employees shall be selected within each class of positions in the order of their original appointment, with due regard to the right of preference in retention of disabled and nondisabled veterans. All employees so transferred shall, thereafter, be subject to the rules of the Chief Administrator of the Courts or the civil service commission having jurisdiction over the agency to which transfer is made. Employees holding permanent appointments in competitive class positions who are not so transferred shall have their names entered upon an appropriate preferred list for reinstatement to the same or similar positions in the service of the governmental jurisdiction from which transfer is made and in the office or agency to which such function is transferred. Employees transferred to another governmental jurisdiction pursuant to the provisions of this subdivision shall be entitled to full seniority credit for all purposes for service rendered prior to such transfer in the governmental jurisdiction from which transfer is made.

(d) Transfers between Unified Court System positions and State or local positions.

(1) A transfer may be made between positions in the Unified Court System and positions in the State service or in the service of a civil division, provided the prospective transferee meets all of the requirements, if any, applicable to the position to which transfer is sought.

(2) A transfer pursuant to this subdivision shall require the approval of the Chief Administrator of the Courts and the State Department of Civil Service or the municipal civil service commission having jurisdiction over the position to or from which transfer is made.

(e) Transfer and change of title. Notwithstanding the provisions of subdivision (b) of this section or any other provision of law, any permanent employee in the competitive class who meets all the requirements for a competitive examination, and is otherwise qualified as determined by the Chief Administrator, shall be eligible for participation in a noncompetitive examination in a different position classification, provided, however, that such employee is holding a position deemed to be of a comparable level.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.26