N.Y. CVS Law § 61 — New York Code / Act CVS / Article 4 / Title B / Section 61
Appointment and promotion
Status: in_force

§ 61. Appointment and promotion. 1. Appointment or promotion from\neligible lists. Appointment or promotion from an eligible list to a\nposition in the competitive class shall be made by the selection of one\nof the three persons certified by the appropriate civil service\ncommission as standing highest on such eligible list who are willing to\naccept such appointment or promotion; provided, however, that the state\nor a municipal commission may provide, by rule, that where it is\nnecessary to break ties among eligibles having the same final\nexamination ratings in order to determine their respective standings on\nthe eligible list, appointment or promotion may be made by the selection\nof any eligible whose final examination rating is equal to or higher\nthan the final examination rating of the third highest standing eligible\nwilling to accept such appointment or promotion. Appointments and\npromotions shall be made from the eligible list most nearly appropriate\nfor the position to be filled.\n  2. Prohibition against out-of-title work. No person shall be\nappointed, promoted or employed under any title not appropriate to the\nduties to be performed and, except upon assignment by proper authority\nduring the continuance of a temporary emergency situation, no person\nshall be assigned to perform the duties of any position unless he has\nbeen duly appointed, promoted, transferred or reinstated to such\nposition in accordance with the provisions of this chapter and the rules\nprescribed thereunder. No credit shall be granted in a promotion\nexamination for out-of-title work.\n  3. Notification to eligible candidates. Persons on an eligible list\nwho are certified pursuant to section sixty of this chapter and are\nconsidered and not selected for appointment or promotion pursuant to\nthis section shall, whenever another candidate is appointed or promoted,\nbe given or sent written notice by the appointing authority of such\nnon-selection. In a city containing more than one county, persons on an\neligible list who are made ineligible for further certification pursuant\nto a rule of the appropriate municipal commission shall be given or sent\nwritten notice of such ineligibility. Sending written notice by ordinary\nmail to the last address of record shall be adequate to comply with the\nrequirements of this subdivision.\n  * 4. Appointment and promotion letter. (a) An appointing authority who\nextends an offer of appointment or promotion to a position in the\nclassified service to any person shall provide such person with an\nappointment letter within fourteen days of the effective date of such\nappointment. Such appointment letter shall include:\n  (i) the appointment type being offered, whether permanent,\nprovisional, temporary, temporary pending commission approval, or any\nother appointment type authorized by law, rule, or regulation;\n  (ii) the position type and, if the position is not a permanent\nposition, the expected duration of the appointment, and, if the position\nis not a full-time position, the expected percentage of time at work per\nweek;\n  (iii) the jurisdictional class of the position;\n  (iv) if a probationary period is required upon appointment, the\nminimum and maximum duration of such period and information regarding an\nappointee's tenure rights, if any, upon completion of the probationary\nperiod;\n  (v) the starting salary or wages that the person would earn upon\nappointment, provided that such salary or wages shall be specific to the\nindividual being offered appointment, and the full salary range of the\ntitle;\n  (vi) if the individual to whom appointment is offered has prior graded\nservice at a higher salary grade than the position to which an offer of\nappointment has been made, an explanation of how such individual's\nsalary shall be reduced upon appointment, if any;\n  (vii) the bargaining unit representing the title to which such person\nis being appointed and, if applicable, the contact information or\nwebsite of the employee organization that represents the bargaining unit\nof such position pursuant to article fourteen of this chapter;\n  (viii) if the offer of appointment is to a trainee title:\n  (1) the length of the traineeship;\n  (2) the title and salary grade of the performance level to which such\ntraineeship advances;\n  (3) all requirements that a trainee must meet to be advanced;\n  (4) the schedule of performance reviews for such traineeship; and\n  (5) information regarding performance advances during such\ntraineeship;\n  (ix) if the person offered appointment would have a hold item on\nanother position from which they were placed on leave at the time of\nappointment, information regarding the date at which such hold would\nexpire and circumstances under which the appointee would be eligible to\nreturn to the hold; and\n  (x) information regarding employee benefits and links to applicable\nwebsites, including, but not limited to:\n  (1) health insurance, dental and other health related benefits\nprovided by the employer;\n  (2) retirement system membership and benefits;\n  (3) the New York state deferred compensation plan; and\n  (4) any other information required by law, rule, or regulation, and\nany information that the appointing authority deems reasonable to\ninclude.\n  (b) If an appointee who receives an appointment or promotion letter\nbelieves any of the information contained therein to be incorrect, such\nappointee shall be permitted to notify the appointing authority of such\nerror and, upon notification, the appointing authority shall review the\nconcern to determine if any information contained therein is incorrect.\nIf any information contained therein is deemed by the appointing\nauthority to be incorrect, the appointing authority shall reissue the\nappointment or promotion letter to the appointee containing any\ncorrections necessary to ensure that all information contained therein\nis correct within sixty days of notification by the appointee. If the\nappointing authority finds no errors in the appointment or promotion\nletter, the appointing authority shall inform the appointee that the\ninformation is correct.\n  * NB Effective December 31, 2027 OR thirty days after the commissioner\nof civil service certifies that the department's computer system is able\nto accommodate the amendments to section 61 of the civil service law\nmade by chapter 657 of 2025, whichever occurs earlier\n