New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 25 - Career Service › Section 25.24 - Contingent permanent appointments

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) A permanent employee apointed or
					 promoted to a position in a higher title, which is left temporarily vacant by
					 the leave of absence of the permanent incumbent, may, in the discretion of the
					 appointing authority, be appointed or promoted with contingent permanent status
					 in such position, provided that at the time of such appointment or promotion,
					 such employee must have qualified by examination and either be eligible for
					 noncompetitive promotion to such higher-titled position or his or her name must
					 be among the three highest ranking eligibles on an existing list for such
					 higher-titled position who are willing to accept contingent permanent
					 appointment or promotion to such position exclusive of eligibles already
					 appointed or promoted to a similar position on a permanent basis or on a
					 contingent permanent basis.
(b) An employee holding a position on a
					 contingent permanent basis shall have the following rights and be subject to
					 the following conditions:
(1)
					 Unless separated from service, such employee shall be deemed to be on leave of
					 absence from his or her lower-titled position until he or she either returns to
					 such lower-titled position or gains full permanent status in his or her
					 higher-titled position or any higher-titled position.
(2) Such employee may, at his
					 or her election and after reasonable notice, be restored to his or her
					 lower-titled position at any time during such leave of absence, and shall be
					 restored to such position if required in accordance with other provisions of
					 this Part upon the return of the permanent incumbent to his or her or another
					 similar higher-titled position.
(3) His or her contingent permanent
					 status shall not adversely affect or impair eligibility for certification from
					 the eligible list for permanent appointment or promotion to such permanent
					 vacancies as may occur in other similar positions.
(4) He or she shall be deemed
					 to hold such position on a permanent basis for the purposes of section
					 25.29 of this Part, or under an
					 agreement negotiated pursuant to article 14 of the Civil Service Law, and for
					 purposes of section
					 25.30(a) of this
					 Part.
(5) For
					 purposes of salary rights and benefits, he or she shall be deemed to hold such
					 position on a permanent basis.
(6) For purposes of subsequent
					 examinations, either open competitive or promotion, service in a position with
					 contingent permanent status shall be counted in the same manner as though it
					 were service on a permanent basis. If such employee received a contingent
					 permanent appointment or promotion as a result of receiving additional credits
					 in an examination as a veteran, he or she shall not be entitled to such credits
					 in any subsequent examination for a higher-titled position for which he or she
					 would not otherwise be eligible without such contingent permanent
					 status.
(7) In the
					 event that return from leave of one or more permanent incumbents or other
					 circumstances necessitates termination of the appointment or promotion of one
					 or more incumbents not having permanent status, such termination shall be made
					 among such incumbents in the unit for suspension or demotion designated
					 pursuant to section
					 25.30(d) of this
					 Part, wherein such return of permanent incumbents or other circumstances
					 occurs. Incumbents having contingent permanent status shall have preference in
					 retention in their positions or similar positions over temporary incumbents not
					 having such status. If the return of permanent incumbents or other
					 circumstances necessitates termination of the appointment or promotion of
					 incumbents having contingent permanent status, such termination shall be made
					 in the inverse order of date of acquisition of contingent permanent
					 status.
(8) If a
					 permanent vacancy occurs in a position then held by an incumbent having
					 contingent permanent status therein, such vacancy shall be filled by selection
					 by the appointing authority of one of such employees of the promotion unit
					 having such contingent permanent status in such position or a similar position
					 (whether or not he or she is then serving under contingent permanent
					 appointment or promotion in such position); provided, however, that if any such
					 employee has acquired such contingent permanent status by appointment or
					 promotion from an eligible list still in existence, he or she may not be
					 selected for permanent appointment or promotion unless he or she is then
					 reachable for permanent appointment or promotion from such eligible
					 list.
(9) If a
					 permanent vacancy occurs in a position not then held by an incumbent having
					 contingent permanent status therein, such vacancy may be filled without regard
					 to the provisions of this section; or if one or more employees in the promotion
					 unit have contingent permanent status in the same title, the apponting
					 authority may, in his or her discretion, elect to fill such position in the
					 manner provided in paragraph (8) of this subdivision.