N.Y. Comp. Codes R. & Regs. tit. 22 § 25.20

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

Section 25.20 - Appointment or promotion of eligibles

(a) Appointment or promotion from eligible lists.

(1) Appointment or promotion from an eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the Chief Administrator of the Courts as standing highest on such eligible list who are willing to accept such appointment or promotion; provided, however, that where it is necessary to break ties among eligibles having the same final examination ratings in order to determine their respective standings on the eligible list, appointment or promotion may be made by the selection of any eligible whose final examination rating is equal to or higher than the final examination rating of the third highest standing eligible willing to accept such appointment or promotion. Appointments and promotions shall be made from the eligible list most nearly appropriate for the position to be filled. Persons on a certified eligible list who are considered and not selected for appointment or promotion pursuant to this paragraph shall, whenever another candidate is appointed or promoted, be given written notice of such nonselection.

(2) Whenever a vacancy exists in a competitive class position and an open competitive examination does not result in an eligible list containing the names of at least three persons willing to accept appointment, a person may be nominated for noncompetitive examination for such position. If such nominee shall be certified by the Chief Administrator as qualified, he or she may be appointed to fill such vacancy. The Chief Administrator also may designate an eligible list as a continuing eligible list in accordance with section 25.18 of this Part.

(b) Prohibition against out-of-title work. No person shall be appointed, promoted or employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he or she has been duly appointed, promoted, transferred, reassigned or reinstated to such position in accordance with the provisions of this Part. No credit shall be granted in a promotion examination for out-of-title work.

(c) Trainee appointments. The Chief Administrator 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 courses, or both. 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 this Part. The employment of such person may be discontinued at the end of the term of training service if his or her conduct, capacity or fitness is not satisfactory, or at any time if he or she fails to pursue or continue satisfactorily such training or academic courses as may be required.

(d) Seasonal positions.

(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 this Part applicable generally to positions in such class. 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 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 person may be reexamined with respect to 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.

(2) 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 or her first appointment to such position, during subsequent employment 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 or her separation from such seasonal employment. A seasonal reemployment list shall not be deemed to be a preferred list.

(3) Where a vacancy occurs in a full-time position having a title and duties similar to those of a seasonal position and for which no appropriate open competitive eligible list is available, it may be filled by selection from among seasonal employees. For that purpose, the Chief Administrator of the Courts may certify, to fill such vacancy, the names of persons holding comparable seasonal positions in the order of their dates of original appointment in such positions or, if the vacancy occurs at a time other than during the employment season, the appropriate seasonal reemployment list. In such case, appointment shall be made by the selection of a person whose date of original appointment to the seasonal position is the same as or earlier than the date of original appointment of the third highest standing person certified who indicates willingness to accept such appointment.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.20