NY Civ Serv L § 52 (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title A - Examinations and Eligible Lists 52 - Promotion Examinations.

§ 52. Promotion   examinations. 1. Filling   vacancies  by  promotion. Except as provided in section fifty-one, vacancies in positions  in  the competitive  class  shall be filled, as far as practicable, by promotion from among persons holding competitive class positions in a lower  grade in  the department in which the vacancy exists, provided that such lower grade positions are in direct line of promotion, as  determined  by  the state  civil  service  department  or  municipal commission; except that where the state civil  service  department  or  a  municipal  commission determines  that  it  is impracticable or against the public interest to limit eligibility for promotion to persons holding lower grade positions in direct line of promotion, such department or  commission  may  extend eligibility for promotion to persons holding competitive class positions in  lower  grades which the department or commission determines to be in related or collateral lines of promotion, or in any comparable positions in any other unit or units of governmental  service  and  may  prescribe minimum  training and experience qualifications for eligibility for such promotion.   2. Factors in promotion. Promotion shall be based on merit and fitness as determined by examination, due weight being given to  seniority.  The previous  training  and  experience  of  the candidates, and performance ratings where available, may be  considered  and  given  due  weight  as factors  in determining the relative merit and fitness of candidates for promotion.   3. Promotion eligibility of persons on preferred lists  and  employees on  leave  of  absence.  Any  employee  who  has been suspended from his position through no fault of his own and whose name is  on  a  preferred list,  and  any employee on leave of absence from his position, shall be allowed to compete  in  a  promotion  examination  for  which  he  would otherwise  be  eligible  on  the  basis  of  his  actual  service before suspension or leave of absence.   4. Departmental and interdepartmental promotion lists. The state civil service   department   and   municipal   commissions    may    establish interdepartmental  promotion  lists  which  shall  not be certified to a department until after the promotion eligible list for  that  department has been exhausted.   5.  Promotion units. 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  after  the  promotion  unit  eligible  lists for that department have been exhausted.   6. Promotion and transfer to administrative  positions  in  the  state service.   (a)   For   the   purpose   of  this  subdivision,  the  term "administrative positions" shall include competitive class positions  in the  state service in law, personnel, budgeting, methods and procedures, management, records analysis, and administrative research, as determined by the state civil service department.  (b)  Except  as  provided   in   section   fifty-one,   vacancies   in administrative  positions  shall  be  filled,  so far as practicable, by promotion as prescribed in subdivision one of this section, which may be made from among persons holding administrative positions in lower grades without regard to the specialties of their lower  grade  positions.  The civil  service  department,  upon  the  request of an appointing officer stating the reasons why the filling of administrative positions in grade fourteen or higher under  his  jurisdiction  from  an  interdepartmental promotion  list  or a promotion list including persons employed in other  units of government would be in the best interests of the state service, or upon its own  initiative  whenever  it  finds  that  the  filling  of administrative  positions  in grade fourteen or higher in any department from such an interdepartmental or intergovernmental promotion list would be  in  the  best  interests  of  the state service, may certify such an interdepartmental or intergovernmental promotion list for  filling  such positions,  without  preference  to  departmental  lists or to eligibles holding lower grade positions in the department  or  promotion  unit  in which such positions exist.  (c) Transfers shall be allowed between administrative positions in the same  or  related  or collateral specialties which involve substantially equivalent tests or  qualifications,  subject  to  such  conditions  and limitations as the state civil service department may prescribe.  (d)  The  provisions  of  this  subdivision  shall  be  applicable and controlling, notwithstanding any other provisions  of  this  section  or chapter or any other law.   7.  Promotion  by  non-competitive  examination. Whenever there are no more than three persons eligible for  examination  for  promotion  to  a vacant  competitive  class  position,  or  whenever  no  more than three persons file application for examination for promotion to such position, the appointing officer  may  nominate  one  of  such  persons  and  such nominee,  upon  passing  an  examination  appropriate  to the duties and responsibilities of the position may be  promoted,  but  no  examination shall  be  required  for  such  promotion where such nominee has already qualified  in   an   examination   appropriate   to   the   duties   and responsibilities of the position.   8.  Limitation  upon  promotion.  No  promotion shall be made from one position or title to  another  position  or  title  unless  specifically authorized   by   the   state  civil  service  department  or  municipal commission, nor shall a person be promoted to a position  or  title  for which  there  is  required, by this chapter or the rules, an examination involving essential tests or qualifications  different  from  or  higher than those required for the position or title held by such person unless he  has  passed  the examination and is eligible for appointment to such higher position or title.   9. Increase in salary as a promotion. For the purposes of this section an increase in the salary or other compensation of any person holding an office or position within the scope of the  rules  in  force  hereunder, beyond the limit fixed for the grade in which such office or position is classified, shall be deemed a promotion.   10.   Credit  for  provisional  service.  No  credit  in  a  promotion examination shall be granted to any person for  any  time  served  as  a provisional appointee in the position to which promotion is sought or in any  similar  position, provided, however, such provisional appointee by reason of such provisional  appointment  shall  receive  credit  in  his permanent  position  from which promotion is sought for such time served in such provisional appointment.   11. Notwithstanding any other provision of law, the  state  department of  civil  service may, for titles designated by it, extend to employees in the state service who are holding or who have held a position in  the non-competitive  or  labor class of such service the same opportunity as employees in the competitive class to  take  promotion  examinations  if such  examinations  are  to be held in conjunction with open competitive examinations.   12.  Notwithstanding  any  other  provisions  of  law,   a   municipal commission  may,  for entrance level titles as defined and designated by it, extend to employees in the service  of  a  civil  division  who  are holding or who have held a position in the non-competitive class of such  service  for  a period of two years the same opportunity as employees in the competitive class to take  promotion  examinations  for  which  such non-competitive  class service is determined by the municipal commission to  be  appropriate  preparation  if such examinations are to be held in conjunction with open competitive examinations.   13. a. Notwithstanding any other provision of  law,  the  state  civil service  commission may, for titles designated by it, extend to disabled veterans of the Vietnam era, the same opportunities  to  take  promotion examinations as provided to employees in the competitive class.   b. For purposes of this subdivision, "disabled veterans of the Vietnam era"  shall  mean  veterans  who  served  during the Vietnam conflict as defined in subparagraph four of paragraph  (c)  of  subdivision  one  of section  eighty-five of this chapter and who provide documented evidence that  they  meet  the  definition  of  disabled  veteran  prescribed  by subdivision one of such section.   14.  Notwithstanding  any other provision of law, in a city containing more than one county, the municipal civil service  commission  may,  for titles  designated  by it, extend to employees in the service of a civil division or public authority under its jurisdiction who  are  holding  a position in the non-competitive class or the labor class of such service the  same  opportunities  as  employees in the competitive class to take promotional examinations for which such non-competitive class  or  labor class service is determined by the municipal civil service commission to be appropriate preparation.   15.  Promotion  eligibility  of  person  transferred  to the office of information technology services. Notwithstanding any other provision  of this  chapter, the names of permanent employees transferred from a state agency or department to the office of  information  technology  services shall  remain  on  any  promotion  eligible  list for appointment in the agency or department from which such employees were transferred,  for  a period  of  one  year  or  until  the expiration of such list, whichever occurs first. Further, where the promotion eligible list on  which  such employees'  names  appear  is  established  in the office of information technology services, the names of  employees  so  transferred  shall  be added to such promotion eligible list.