N.Y. Comp. Codes R. & Regs. tit. 22 § 25.30

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.30 - Abolition or reduction of positions

(a) Suspension or demotion. Where positions in the competitive class or the noncompetitive class are abolished or reduced in rank or salary grade, all suspensions or demotions among incumbent competitive and noncompetitive court personnel holding the same or similar positions shall be made in inverse order of original appointment on a permanent basis in the classified service of the United Court System. The following exceptions shall apply:

(1) Incumbents who have not completed their probationary service shall be suspended or demoted before any permanent incumbents, and among such probationary employees suspension or demotion shall be made in inverse order of original appointment on a permanent basis in the classified service of the United Court System.

(2) Blind employees shall be granted absolute preference in retention.

(3) The date of original appointment for disabled and nondisabled veterans shall be deemed to be, respectively, 60 months and 30 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(4) The date of original appointment for the spouse of a veteran with 100- percent service-connected disability shall deemed to be 60 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law, provided the spouse is domiciled with the veteran-spouse and is the head of the household.

(5) The date of original appointment for an incumbent transferred to the Unified Court System from another governmental jurisdiction upon a transfer of functions shall be the date of original appointment on a permanent basis in the classified service of the governmental jurisdiction from which the transfer was made.

(6) This section shall not apply to noncompetitive employees who do not have tenure protection pursuant to section 25.29(a)(3) of this Part and otherwise do not have tenure protection.

(b) Continuous service. The original appointment of an incumbent shall mean the date of his or her first appointment on a permanent basis in the classified service followed by continuous service in the classified service on a permanent basis up to the time of the abolition or reduction of his or her position. The following shall not constitute an interruption of continuous service:

(1) a period following an employee's resignation if such employee has been reinstated or reappointed within one year thereafter;

(2) a period of employment on a temporary or provisional basis, or in the unclassified service, immediately preceded and followed by permanent service in the classified service;

(3) a period of leave of absence without pay pursuant to this Part;

(4) any period during which an employee is suspended from his or her position pursuant to this section; or

(5) a period between the termination of an employee because of a disability resulting from occupational injury or disease as defined in the Workers' Compensation Law and his or her reinstatement or reappointment thereafter.

(c) Interrupted service. An employee who has resigned and who has been reinstated or reappointed in the Unified Court System more than one year thereafter shall be credited with any previous court service rendered prior to his or her resignation to which he or she would have been entitled for the purposes of this section but for such resignation; provided, however, that any time out of the Unified Court System exceeding three years shall be subtracted from the employee's previous court service. In such instances, continuous service shall be deemed to have begun on the date which precedes the otherwise applicable date for the commencement of continuous service by the period of actual creditable service provided by this subdivision.

(d) Units for suspension or demotion. The Chief Administrator of the Courts may designate as units for suspension or demotion under the provisions of this section any combination of courts or court-related agencies, or any divisions thereof.

(e) Displacement. Permanent employees who are suspended or demoted pursuant to this section shall displace incumbents in other positions in the Unified Court System in the manner as set forth in subdivisions 6 and 7 of section 80 of the Civil Service Law and subdivision 5 of section 80-a of the Civil Service Law. Probationary employees who are suspended or demoted pursuant to this section shall displace incumbents in other positions in the Unified Court System in the manner set forth in section 5.5(d) of the rules of the State Department of Civil Service and section 5.6(d) of such rules (4 NYCRR 5.5 [d], 5.6[d]). Displacement pursuant to this subdivision shall not be governed by the provisions of section 25.26 of this Part.

(f) Reassignments. Reassignment of court personnel to similar positions in the Unified Court System necessitated by the abolition or reduction of positions shall be made according to the needs of the United Court System and shall not be governed by the provisions of section 25.26 of this Part. For purposes of implementing this section, all changes of permanent employees from one position to a similar position in the Unified Court System in the City of New York shall be reassignments, not transfers.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.30