2023 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.