N.Y. CVS Law § 52 — New York Code / Act CVS / Article 4 / Title A / Section 52
Promotion examinations
Status: in_force

§ 52. Promotion examinations. 1. Filling vacancies by promotion.\nExcept as provided in section fifty-one, vacancies in positions in the\ncompetitive class shall be filled, as far as practicable, by promotion\nfrom among persons holding competitive class positions in a lower grade\nin the department in which the vacancy exists, provided that such lower\ngrade positions are in direct line of promotion, as determined by the\nstate civil service department or municipal commission; except that\nwhere the state civil service department or a municipal commission\ndetermines that it is impracticable or against the public interest to\nlimit eligibility for promotion to persons holding lower grade positions\nin direct line of promotion, such department or commission may extend\neligibility for promotion to persons holding competitive class positions\nin lower grades which the department or commission determines to be in\nrelated or collateral lines of promotion, or in any comparable positions\nin any other unit or units of governmental service and may prescribe\nminimum training and experience qualifications for eligibility for such\npromotion.\n  2. Factors in promotion. Promotion shall be based on merit and fitness\nas determined by examination, due weight being given to seniority. The\nprevious training and experience of the candidates, and performance\nratings where available, may be considered and given due weight as\nfactors in determining the relative merit and fitness of candidates for\npromotion.\n  3. Promotion eligibility of persons on preferred lists and employees\non leave of absence. Any employee who has been suspended from his\nposition through no fault of his own and whose name is on a preferred\nlist, and any employee on leave of absence from his position, shall be\nallowed to compete in a promotion examination for which he would\notherwise be eligible on the basis of his actual service before\nsuspension or leave of absence.\n  4. Departmental and interdepartmental promotion lists. The state civil\nservice department and municipal commissions may establish\ninterdepartmental promotion lists which shall not be certified to a\ndepartment until after the promotion eligible list for that department\nhas been exhausted.\n  5. Promotion units. In the state service, or in the service of a city\ncontaining more than one county, promotion examinations may be held for\nsuch subdivisions of a department as the state civil service department\nor the municipal commission of such city, as the case may be, may\ndetermine to be an appropriate promotion unit, but departmental and\ninterdepartmental promotion eligible lists shall not be certified to a\ndepartment until after the promotion unit eligible lists for that\ndepartment have been exhausted.\n  6. Promotion and transfer to administrative positions in the state\nservice. (a) For the purpose of this subdivision, the term\n"administrative positions" shall include competitive class positions in\nthe state service in law, personnel, budgeting, methods and procedures,\nmanagement, records analysis, and administrative research, as determined\nby the state civil service department.\n  (b) Except as provided in section fifty-one, vacancies in\nadministrative positions shall be filled, so far as practicable, by\npromotion as prescribed in subdivision one of this section, which may be\nmade from among persons holding administrative positions in lower grades\nwithout regard to the specialties of their lower grade positions. The\ncivil service department, upon the request of an appointing officer\nstating the reasons why the filling of administrative positions in grade\nfourteen or higher under his jurisdiction from an interdepartmental\npromotion list or a promotion list including persons employed in other\nunits of government would be in the best interests of the state service,\nor upon its own initiative whenever it finds that the filling of\nadministrative positions in grade fourteen or higher in any department\nfrom such an interdepartmental or intergovernmental promotion list would\nbe in the best interests of the state service, may certify such an\ninterdepartmental or intergovernmental promotion list for filling such\npositions, without preference to departmental lists or to eligibles\nholding lower grade positions in the department or promotion unit in\nwhich such positions exist.\n  (c) Transfers shall be allowed between administrative positions in the\nsame or related or collateral specialties which involve substantially\nequivalent tests or qualifications, subject to such conditions and\nlimitations as the state civil service department may prescribe.\n  (d) The provisions of this subdivision shall be applicable and\ncontrolling, notwithstanding any other provisions of this section or\nchapter or any other law.\n  7. Promotion by non-competitive examination. Whenever there are no\nmore than three persons eligible for examination for promotion to a\nvacant competitive class position, or whenever no more than three\npersons file application for examination for promotion to such position,\nthe appointing officer may nominate one of such persons and such\nnominee, upon passing an examination appropriate to the duties and\nresponsibilities of the position may be promoted, but no examination\nshall be required for such promotion where such nominee has already\nqualified in an examination appropriate to the duties and\nresponsibilities of the position.\n  8. Limitation upon promotion. No promotion shall be made from one\nposition or title to another position or title unless specifically\nauthorized by the state civil service department or municipal\ncommission, nor shall a person be promoted to a position or title for\nwhich there is required, by this chapter or the rules, an examination\ninvolving essential tests or qualifications different from or higher\nthan those required for the position or title held by such person unless\nhe has passed the examination and is eligible for appointment to such\nhigher position or title.\n  9. Increase in salary as a promotion. For the purposes of this section\nan increase in the salary or other compensation of any person holding an\noffice or position within the scope of the rules in force hereunder,\nbeyond the limit fixed for the grade in which such office or position is\nclassified, shall be deemed a promotion.\n  10. Credit for provisional service. a. No credit in a promotion\nexamination shall be granted to any person for any time served as a\nprovisional appointee in the position to which promotion is sought or in\nany similar position, provided, however, such provisional appointee by\nreason of such provisional appointment shall receive credit in such\nperson's permanent position from which promotion is sought for such time\nserved in such provisional appointment.\n  b. A person appointed provisionally in accordance with section\nsixty-five of this article who receives a permanent appointment to the\nsame title immediately following the provisional appointment shall have\nall time spent as a provisional appointee in such title credited towards\nthe qualifications required to take a promotional examination as well as\neligibility for appointment from the resulting eligible list. Such time\ncredited pursuant to this subdivision shall be used only for the\npurposes of any term that is required for a promotional examination and\neligibility for appointment from the resulting eligible list and shall\nnot be used for any other purpose.\n  11. Notwithstanding any other provision of law, the state department\nof civil service may, for titles designated by it, extend to employees\nin the state service who are holding or who have held a position in the\nnon-competitive or labor class of such service the same opportunity as\nemployees in the competitive class to take promotion examinations if\nsuch examinations are to be held in conjunction with open competitive\nexaminations.\n  12. Notwithstanding any other provisions of law, a municipal\ncommission may, for entrance level titles as defined and designated by\nit, extend to employees in the service of a civil division who are\nholding or who have held a position in the non-competitive class of such\nservice for a period of two years the same opportunity as employees in\nthe competitive class to take promotion examinations for which such\nnon-competitive class service is determined by the municipal commission\nto be appropriate preparation if such examinations are to be held in\nconjunction with open competitive examinations.\n  13. a. Notwithstanding any other provision of law, the state civil\nservice commission may, for titles designated by it, extend to disabled\nveterans of the Vietnam era, the same opportunities to take promotion\nexaminations as provided to employees in the competitive class.\n  b. For purposes of this subdivision, "disabled veterans of the Vietnam\nera" shall mean veterans who served during the Vietnam conflict as\ndefined in subparagraph four of paragraph (c) of subdivision one of\nsection eighty-five of this chapter and who provide documented evidence\nthat they meet the definition of disabled veteran prescribed by\nsubdivision one of such section.\n  14. Notwithstanding any other provision of law, in a city containing\nmore than one county, the municipal civil service commission may, for\ntitles designated by it, extend to employees in the service of a civil\ndivision or public authority under its jurisdiction who are holding a\nposition in the non-competitive class or the labor class of such service\nthe same opportunities as employees in the competitive class to take\npromotional examinations for which such non-competitive class or labor\nclass service is determined by the municipal civil service commission to\nbe appropriate preparation.\n  15. Promotion eligibility of person transferred to the office of\ninformation technology services. Notwithstanding any other provision of\nthis chapter, the names of permanent employees transferred from a state\nagency or department to the office of information technology services\nshall remain on any promotion eligible list for appointment in the\nagency or department from which such employees were transferred, for a\nperiod of one year or until the expiration of such list, whichever\noccurs first. Further, where the promotion eligible list on which such\nemployees' names appear is established in the office of information\ntechnology services, the names of employees so transferred shall be\nadded to such promotion eligible list.\n