Removal A. 1. 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 approval process shall otherwise conform to the timeframes and procedures set forth in paragraph (c) of this subdivision. Costs. 4 CRR-NY 4.2 . Permanent appointments are also made to non-competitive, exempt, and labor classes. 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 sixteen, to further reduce the number of provisional appointments that have continued beyond the periods permitted by subdivisions one, two, three and four of this section. Such revised plan may contain any elements or means of implementation authorized by paragraph (b) of this subdivision. SECTION 59-A Placement of detectives and investigators in classified service. 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. 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. 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. Cancel. (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. 1. § 65 — Provisional Appointments, 1 Subdivision 5 was added by L.2008, c. 5, § 2, eff. We will always provide free access to the current law. increasing citizen access. For the purposes of this paragraph, “substantial compliance” shall have the same meaning as provided in paragraph (b) of this subdivision. 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. If the state commission takes none of these actions within such period, it shall be deemed to have approved the plan. 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. Provisional appointments may only be extended as provided under Section 65 of New York State Civil Service 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. Internet Explorer 11 is no longer supported. Firefox, or Google Chrome, 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 … Plan for addressing excess provisional appointments. "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. Referencing the DOE, I believe this might fall under the NYS Civil Service Law section 35 . (b) Plan for provisional employees. (e) Plan implementation. 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. Use this page to navigate to all sections within Civil Service Law. 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. Appointments to competitive class titles can be permanent (if appointed from a civil service list) or provisional. Such revised plan may additionally contain any elements or means of implementation authorized by paragraph (b) 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. If you would like … Within sixty days after the effective date of the chapter of the laws of two thousand seven which added this subdivision, 1 the DCAS employers shall be required to submit to the state commission for its approval a single plan, to be implemented within five years of its approval by the state commission, to substantially comply with the time periods permitted by subdivisions one, two, three and four of this section. 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. Termination of provisional appointments. 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. These are positions where it is possible for a test to determine an applicant's merit and fitness for the job. Time limitation on provisional appointments. 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. New York Codes, Rules and Regulations Home; Search ; Help; 4 CRR-NY 4.11 NY-CRR. 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. Location:https://newyork.public.law/laws/n.y._civil_service_law_section_65. 1. The recommended plan shall to the extent practicable be supported by appropriate documentation and explanation. No provisional appointment shall continue for a period in excess of nine months. The city of New York shall pay such estimated costs to the department by December fifteenth, two thousand eight and each year thereafter. For purposes of this subdivision, the term “DCAS employers” shall have the same meaning as that term is defined in subdivision five of this section. 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. Current as of: 2019 | Check for updates | Other versions. 4 CRR-NY 4.11. APPOINTMENT AND PROMOTION. 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 ). 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. Jan. 28, 2008. The approval process shall otherwise conform to the timeframes and procedures set forth in paragraph (c) of this subdivision. (a) Definition. 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. 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. Through social A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. 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. 2008 New York Laws > 2008 N.Y. Civil Service Law 65 – Provisional appointments Successive provisional appointments. Appointment or promotion from eligible lists. 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. NYSenate.gov, 3. [Expires and is deemed repealed Dec. 31, 2021, pursuant to § 61 Appointment and Promotion 1. (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. (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. L.2008, c. 5, § 5 we provide special support Original Source: In the event that a plan has been disapproved, a new or modified plan shall be submitted to the state commission within sixty days. 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 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. In addition, 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. Search by Keyword or Citation ; Search by Keyword or Citation. APPOINTMENTS 1. (last accessed Dec. 13, 2016). For more detailed codes research information, including annotations and citations, please visit Westlaw. In the event of revocation of the plan, this subdivision shall no longer have any force and effect. 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. I, § 2 Civil Service Basics. (c) Approval by the state commission. § 58-A Requirements for Provisional or Permanent Appointment of Certain Fire Fighters 58-a. L.2008, c. 56, pt. (d) Modifications of the plan. At any time when the state commission is considering a plan, the state commission may request additional supporting documentation or explanation. (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 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. 3. 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. CHAPTER I. The state commission shall within ninety days thereafter either approve the new or modified plan, approve the plan with recommended changes or disapprove the new or modified plan. The percentage of costs that may be charged to any DCAS employer shall be determined based on that employer's share of the total number of competitive class positions filled by provisional appointments reflected in the most recent department of city administrative services plan submitted under subdivision five of this section. (c-4) Additional plan revision for provisional employees. PART 4. 1. 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. For more information on upcoming exams visit our Current & Upcoming Examspage. The advisory workgroup shall be chaired by a member designated by the mayor. 5. 6. Notwithstanding any inconsistent provision of this chapter or any other law or rule to the contrary, the provisions of subdivision two of this section shall not apply to DCAS employers 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. 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. A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. 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. Read this complete New York Consolidated Laws, Civil Service Law - CVS § 65. 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. § 64. No provisional appointment shall continue for a period in excess of nine 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). Examples include Police Officers and most Administrative and Technical positions. (c-1) Revised plan for provisional employees. 4 CRR-NY 4.2. Requirements for provisional or permanent appointment of certain fire fighters. 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. 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. 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. 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. 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. 4. No provisional appointment shall continue for a period in excess of nine months. Notice of such option shall constitute a delegation to DCAS to act on behalf of the entity providing the notice pursuant to this subdivision. 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. Such 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. 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. [Expires and deemed repealed Dec. 31, 2021, pursuant to No provisional appointment shall continue for a period in excess of nine months. 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