N.Y. Comp. Codes R. & Regs. tit. 22 § 25.15

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

Section 25.15 - Filling vacancies by promotion examinations

(a) Filling vacancies by promotion. Except as provided in section 25.14 of this Part, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding, at the time of the examination for promotion or at the time of appointment, competitive class positions on a permanent basis in a lower title in the promotion unit in which the vacancy exists, provided that such lower-titled positions are in direct line of promotion, as determined by the Chief Administrator of the Courts; except that where the Chief Administrator determines that it is impracticable or against the public interest to limit eligibility for promotion to persons holding lower-titled positions in direct line of promotion, the Chief Administrator may extend eligibility for promotion to persons holding competitive class positions in lower titles which the Chief Administrator determines to be in related or collateral lines of promotion, or in any comparable positions in the Unified Court System. The Chief Administrator may prescribe minimum training and experience qualifications for eligibility to take a promotion examination and for promotion.

(b) Factors in promotion. Promotion shall be based on merit and fitness as determined by examination, due weight being given to seniority. The previous training and experience of the candidates, and performance ratings where available, may be considered and given due weight as factors in determining the relative merit and fitness of candidates for promotion.

(c) Promotion eligibility of persons on preferred lists and employees on leave of absence. Any employee who has been suspended from his or her position through no fault of his or her own and whose name is on a preferred list, and any employee on leave of absence from his or her position, shall be allowed to compete in a promotion examination for which he or she would otherwise be eligible on the basis of his or her actual service before suspension or leave of absence.

(d) General and promotion unit eligible lists. Promotion examinations may be held for such subdivisions of the Unified Court System as the Chief Administrator may determine to be appropriate promotion units. No general promotion eligible list shall be certified for any promotion unit until after the promotion unit eligible list for that promotion unit has been exhausted.

(e) Promotion by noncompetitive examination.

(1) Whenever there are no more than three persons eligible for examination for promotion to a vacant competitive class position, or whenever no more than three persons file applications for examination for promotion to such position, one of such persons may be nominated and, upon passing an examination appropriate to the duties and responsibilities of the position, may be promoted. Any person who is nominated for noncompetitive examination for promotion to such position and who fails to pass two examinations for such promotion shall not thereafter be eligible for employment in such position, except by appointment or promotion from and eligible list established following competitive examination.

(2) An examination may be waived for noncompetitive promotion where the nominee has already qualified in an examination appropriate to the duties and responsibilities of the position.

(f) Limitation upon promotion. No person shall be promoted to a position or title for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position or title held by such person unless he or she has passed the examination and is eligible for appointment to such higher position or title.

(g) Credit for provisional service. No credit in a promotion examination shall be granted to any person for any time served as a provisional appointee in the position to which promotion is sought or in any similar position; provided, however, such provisional appointee by reason of such provisional appointment shall receive credit in his or her permanent position from which promotion is sought for such time served in such provisional appointment.

(h) Extension of promotion examinations. Notwithstanding any other provision in this Part, the Chief Administrator of the Courts may, for designated titles:

(1) extend to employees in the Unified Court System who are holding or who have held a position in the noncompetitive, exempt or labor class of such service, the same opportunity as employees in the competitive class to take promotion examinations (i) if said employees in the past have held qualifying competitive class positions for that examination on a permanent basis, or (ii) if such examinations are to be held in conjunction with open competitive examinations; and

(2) extend to employees in the Unified Court System who are holding or who have held a position in the noncompetitive class pursuant to the provisions of section 25.16(b) of this Part, or to disabled veterans of the Vietnam era as defined in section 85 of the Civil Service Law, the same opportunities to take promotion examinations as provided to employees in the competitive class.

(i) Appointment or promotion to noncompetitive or exempt positions from competitive positions. An employee holding a permanent position in the competitive class who accepts an appointment or promotion to a position in the noncompetitive or exempt class, and to any successive positions in either of those classes, shall be eligible to return to his or her former competitive class position, in the manner provided herein, upon termination of employment in the noncompetitive or exempt position for reasons other than misconduct or incompetency. Upon such termination, and upon request, the name of the employee shall be placed on a preferred list for his or her former position pursuant to section 25.31 of this Part, and the employee shall be eligible for reinstatement from such preferred list for a period of four years.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.15