New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.7 - Refusal or failure to accept appointment from competitive and noncompetitive reemployment lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				purposes of this section, the term reemployment listshall refer to any
				preferred list or reemployment roster or placement roster established pursuant
				to Civil Service Law or rule.
(b)
				Relinquishment of eligibility for appointment. The failure or refusal of a
				person on a reemployment list after reasonable notice to accept appointment
				therefrom to his/her former position, or any comparable position in the same
				salary grade for which such list is certified, shall be deemed to be a
				relinquishment of his/her eligibility for appointment, and his/her name shall
				thereupon be removed from such reemployment list as determined by the
				Department of Civil Service. The name of such person may be restored to such
				reemployment list, and certified to fill such appropriate vacancies as may
				thereafter occur, only upon the request of such person and his/her submission
				of reasons satisfactory to the Department of Civil Service for his/her previous
				failure or refusal to accept appointment.
(c) Effect of refusal to accept appointment
				in different geographic location. Notwithstanding the provisions of subdivision
				(b) of this section, a person on a reemployment list shall not be deemed to
				relinquish his/her eligibility for appointment therefrom by reason of his/her
				failure or refusal to accept appointment to a position in a different
				geographic location than that of his/her former position. In such event,
				however, the name of such person may be withheld from further certification for
				appointment to such other vacancies as may occur in such other geographic
				location.
(d) Effect of refusal to
				accept appointment to lower grade position. A person on a reemployment list
				shall not be deemed to relinquish his/her eligibility for appointment therefrom
				by reason of his/her failure or refusal to accept appointment to a position in
				a lower salary grade than the position from which he/she was suspended, demoted
				or displaced. The name of such person may be withheld from further
				certification for appointment to a position in the same or a lower salary grade
				than the position to which he/she failed or refused to accept
				appointment.
(e) Restoration to
				eligibility for appointment not to affect previous appointments. The
				restoration of the name of a person to a reemployment list, or his/her
				restoration to eligibility for certification therefrom to positions in any
				particular geographic location or to positions in a lower salary grade than
				his/her former position, shall not invalidate or in any manner adversely affect
				any appointment, promotion, reinstatement, displacement or demotion previously
				made to any position to which such person would otherwise have been eligible
				for appointment from such reemployment list.