reglab/statecodes huggingface dataset:
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 23 - Grievance Procedure › Section 23.2 - Initiating a grievance

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An employee shall initiate a
					 grievance by submitting the grievance, in writing, to the administrative
					 authority not later than 45 calendar days after the date on which the act or
					 omission giving rise to the grievance occurred, or when the employee could
					 reasonably have been expected to become aware of, or to have knowledge, that he
					 or she had a grievance. After receipt of the grievance, the administrative
					 authority or his or her designee shall meet with the employee for a review of
					 the grievance. The employee may be represented by a representative of his or
					 her choosing at this meeting, and the employee may present oral statements and
					 written material. The administrative authority or his or her designee shall
					 issue a written decision, and a copy of such decision shall be sent to the
					 employee and to the Chief Administrator of the Courts.
(b) Nothing in this section
					 shall be construed as discouraging the informal resolution of grievances by the
					 administrative authority or his designee.
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 23 - Grievance Procedure › Section 23.3 - Appeal to the reviewing authority

Current through Register Vol. 46,
					 No. 28, July 10, 2024
In the event the employee wishes to appeal
						the decision of the administrative authority, the appeal must be presented in
						writing to the Chief Administrator of the Courts within 15 days of the date of
						the determination by the administrative authority. Such appeal shall contain a
						short, clear statement of the grievance, the basis of the grievance, the relief
						sought and a copy of the decision by the administrative authority. A copy of
						such appeal also shall be sent to the administrative authority who previously
						passed upon such grievance. The Chief Administrator shall conduct such review
						as he or she deems necessary, and the Chief Administrator shall determine the
						grievance in consultation with, and with the approval of, the Chief Judge. The
						determination of the Chief Administrator shall be final. The Chief
						Administrator, with the approval of the Chief Judge, also shall have the power
						to reverse or modify any decision made by an administrative authority that is
						not appealed by the employee.
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 23 - Grievance Procedure › Section 23.4 - Areas of employment subject to the grievance procedure

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Grievances subject to this procedure shall
						be limited to:
(a)
					 claims concerning discriminatory supervisory practices, except insofar as such
					 practices as alleged would constitute violations of law;
(b) claims concerning
					 unreasonable work assignments or conditions; and
(c) claims concerning the
					 application of the time and leave rules contained in Part 24 of this
					 Title.
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 23 - Grievance Procedure › Section 23.5 - Pending grievances

Current through Register Vol. 46, No. 28,
					 July 10, 2024
This grievance procedure shall apply to
						grievances filed after the effective date of this Part [January 1, 1987].
						Grievances filed before that date shall be processed in accordance with the
						procedures of this Part that were in effect immediately prior to the effective
						date of this Part.
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 24 - Time And Leave › Section 24.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Except as otherwise provided in this section the provisions of this Part shall
					 apply to all nonjudicial employees of the State-paid courts and court-related
					 agencies of the Unified Court System who are not represented for purposes of
					 collective negotiations pursuant to article 14 of the Civil Service Law. Only
					 employees who are compensated on a full-time annual salary basis, and employees
					 who are compensated on a part-time, per diem or hourly basis who are employed
					 at least half time and who are expected by the deputy chief administrator for
					 management support to be so employed continuously for nine months without a
					 break in service exceeding one full payroll period, shall be eligible to
					 observe holidays pursuant to section
					 24.9 of this Part and to accrue
					 annual leave and sick leave pursuant to sections
					 24.3 and
					 24.4 of this Part and shall be
					 eligible for leaves with pay or leaves without pay pursuant to sections
					 24.4,
					 24.5,
					 24.6 and
					 24.7 of this Part. Such part-time,
					 per diem or hourly paid employees shall be eligible to observe holidays and
					 shall accrue annual leave and sick leave on a pro rata basis subject to the
					 same limitations and restrictions as would apply if they were compensated on a
					 full-time annual salary basis.
(b) Definitions. When used in this Part,
					 the term administrative authority means:
(1) the clerk of the Court of Appeals
					 with respect to nonjudicial employees of the Court of Appeals;
(2) the presiding justice of
					 each appellate division with respect to nonjudicial employees of the appellate
					 divisions and the courts and agencies which they supervise;
(3) the presiding judge of the
					 Court of Claims with respect to nonjudicial employees of the Court of
					 Claims;
(4) the
					 deputy chief administrator for management support with respect to nonjudicial
					 employees of the Office of Court Administration; and
(5) the deputy chief
					 administrative judge having administrative jurisdiction over the court or
					 agency in which the employee is employed, with respect to all other nonjudicial
					 employees in the Unified Court System.
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 24 - Time And Leave › Section 24.2 - Attendance

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Record of attendance. All employees in the classified service of the Unified
					 Court System shall maintain time and attendance records. These records shall be
					 maintained in accordance with procedures established by the deputy chief
					 administrator for management support. No time and leave credits shall be deemed
					 earned for purposes of any provision of this Part unless accurate records of
					 time and attendance have been kept in accordance with the procedures
					 established by the deputy chief administrator.
(b) Tardiness. The Chief Administrator
					 or his or her designee may establish rules and schedules of penalties for
					 tardiness. Such penalties shall not preclude disciplinary action in cases of
					 excessive tardiness. In the event of public transportation difficulties,
					 strikes, severe storms or floods, or similar uncontrollable conditions
					 affecting employees, tardiness may be excused by the administrative
					 authority.
(c) The
					 administrative authority shall excuse a reasonable amount of tardiness caused
					 by direct emergency duties of duly authorized volunteer firefighters and
					 volunteer ambulance drivers. The employee may be required to submit
					 satisfactory evidence that lateness was due to such emergency duties.
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 24 - Time And Leave › Section 24.4 - Sick leave

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a)
(1) Sick leave is absence with pay
					 necessitated by the illness or disability of the employee, including illness or
					 disability caused by pregnancy or childbirth.
(2) For non-Family Medical Leave Act (FMLA)
					 approved absences, an employee shall be allowed to charge a maximum of 25 days
					 of sick leave in any one calendar year for absences from work to care for a
					 close family member during a time of illness. For purposes of this section, a
					 close family member shall be the employee's spouse; domestic partner; natural,
					 foster or step child; natural, foster or step parent; or any relative residing
					 with the employee or an individual for whom the employee is the primary
					 caregiver.
(3) An employee who is
					 approved for a caregiver leave pursuant to the FMLA shall be allowed to charge
					 absences during the FMLA period to accumulated sick leave. Sick leave charged
					 during the FMLA period shall not be counted towards the 25 days set forth in
					 subsection
					 24.4(a)(2) of
					 this section, i.e., these 25 "family sick leave" days remain available for the
					 employee's use before and/or after the FMLA period.
(4) During a leave pursuant to the FMLA,
					 employees may charge their leave accruals at the half-time
					 rate.
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 24 - Time And Leave › Section 24.5 - Workers' compensation leave

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a)
(1) Employees necessarily absent from
					 duty because of an occupational injury, disease or condition as defined in the
					 Workers' Compensation Law, incurred on or after the effective date of this
					 section, shall be eligible for a workers' compensation benefit as provided by
					 law, and the treatment of time and leave benefits shall be as provided in this
					 section.
(2) A
					 workers' compensation injury shall mean any occupational injury, disease or
					 condition found compensable as defined in the Workers' Compensation
					 Law.
(3) The
					 treatment of time and leave benefits for an employee necessarily absent from
					 duty because of an occupational injury, disease or condition incurred through
					 an assault to the employee, suffered by the employee in the pursuit of a
					 criminal, or incurred while coming to the aid of an employee, member of the
					 public or in response to an emergency, shall be as provided to nonjudicial
					 uniformed employees covered by the collective bargaining agreement between the
					 Unified Court System and the Civil Service Employees Association, Inc., Local
					 1000, AFSCME (AFL-CIO).
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 24 - Time And Leave › Section 24.7 - Leaves without pay

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Leave of
					 absence; duration. A permanent employee may, in the discretion of the
					 administrative authority, be granted a leave of absence, without pay, for a
					 period not exceeding two years. Such leave may be extended beyond two years,
					 for periods aggregating not in excess of an additional two years. In an
					 exceptional case, a further extension may be permitted for good cause shown and
					 where the interests of the Unified Court System would be served. For the
					 purposes of this Part, time spent in active service in the military forces of
					 the United States or of the State of New York shall not be considered in
					 computing the period of leave.
(b)
					 Successive leaves of absence. Where a leave of absence without pay has been
					 granted for a period which aggregates two years, or more if extended pursuant
					 to subdivision (a) of this section, a subsequent leave of absence without pay
					 may not be granted until after the employee returns to his or her position and
					 serves continuously therein for six months immediately preceding the subsequent
					 leave of absence.
(c) Leave for
					 child care. A combined confinement and child-care leave of absence without pay
					 shall be granted to an employee who becomes the parent of a child up to four
					 years of age, either by birth, or by adoption, for a period of up to 12 months,
					 provided that effective April 1, 2024, such leave shall also be available for
					 foster placements and adoptions of children of any age. In one instance per
					 employee only, a period beyond 12 months, but not more than another successive
					 12-month period, may be granted at the discretion of the administrative
					 authority, subject to the staffing needs of the court or agency.
(d) A grant of leave pursuant to this section
					 shall not be construed to require extension of any employment beyond the time
					 at which it would otherwise terminate by operation of law, rule or
					 regulation.
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 24 - Time And Leave › Section 24.8 - Workweek

Current through Register Vol. 46, No. 28, July 10,
					 2024
The workweek shall be 35
						hours.
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 24 - Time And Leave › Section 24.9 - Holidays

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 All legal holidays enumerated herein shall be allowed as paid days off, or
					 holiday pay as set forth in subdivision (b) of this section shall be allowed in
					 lieu thereof. The days prescribed by law for the observance of New Year's Day,
					 Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, Washington's Birthday,
					 Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day,
					 Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as
					 holidays. A holiday falling on a Saturday or a Sunday shall be observed on the
					 preceding Friday or following Monday subject to the operational or staffing
					 needs of the court or agency.
(b) Holiday pay. An employee who is
					 entitled to time off with pay on days observed as holidays by the Unified Court
					 System as an employer will receive, at such employee's option, additional
					 compensation for time worked on such days or compensatory time off. Such
					 additional compensation for each such full day worked will be at the rate of
					 1/10 of the employee's biweekly rate of compensation. Such additional
					 compensation for less than a full day of such work will be prorated. Such rate
					 of compensation will include geographic, location, inconvenience and shift pay
					 as may be appropriate to the place or hours worked. In no event will an
					 employee be entitled to such additional compensation or compensatory time off
					 unless he or she has been scheduled or directed to work. An employee required
					 to work on Thanksgiving Day (the fourth Thursday in November), Christmas Day
					 (December 25) or New Year's Day (January 1) shall receive a 100 percent cash
					 premium for all hours worked on such day in addition to any holiday pay or
					 compensatory time off granted pursuant to this subdivision.
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 24 - Time And Leave › Section 24.10 - Overtime meal allowance

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) A meal
					 allowance of $9 will be paid to any employee required to work at least three
					 hours beyond his or her regularly scheduled workday unless he or she is
					 receiving cash compensation for such overtime work.
(b) An employee ineligible to receive cash
					 compensation for overtime worked, who is required to work at least seven hours
					 on his or her regularly scheduled day off, shall be entitled to receive one
					 overtime meal allowance. An employee required to work at least 10 hours on his
					 or her regularly scheduled day off shall be entitled to receive a second
					 overtime meal allowance.
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 24 - Time And Leave › Section 24.11 - Payment for accruals upon separation

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) At the time of separation from
					 service in the Unified Court System, an employee or the employee's estate or
					 beneficiary, as the case may be, shall be compensated in cash for overtime
					 credits not in excess of 30 days accrued and unused as of the effective date of
					 separation; and further, except where provision is made for the transfer of
					 leave credits, the employee or the employee's estate or beneficiary shall be
					 compensated in cash for annual leave credits not in excess of 45 days accrued
					 and unused as of the effective date of separation, except, that in the case of
					 resignation, the Chief Administrator of the Courts or his or her designee may
					 require, as a condition for such payment, that written notice of such
					 resignation be given to the Chief Administrator or his or her designee at least
					 two weeks prior to the last day of work. Effective April 1, 1998, the employee
					 or the employee's estate or beneficiary shall be compensated in cash for annual
					 leave credits not in excess of 50 days. No employee who is removed from Unified
					 Court System service as a result of disciplinary action, or who resigns after
					 charges of incompetency or misconduct have been served upon him or her, shall
					 be entitled to compensation for annual leave credits under this
					 subdivision.
(b) An
					 employee on leave from his or her position on account of entry into the Armed
					 Forces of the United States for active duty (other than for training as defined
					 by title 10 of the United States Code), may elect to receive compensation in
					 cash for accrued and unused annual leave and overtime credits not in excess of
					 30 days in each category accrued and unused as of the last date on which his or
					 her name appeared on the Unified Court System payroll.
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 24 - Time And Leave › Section 24.12 - Written agreement required for transfer of leave credits

Current
					 through Register Vol. 46, No. 28, July 10, 2024
For the purpose of applying the provisions
						of this Part, employment in the Executive or Legislative Branch of State
						service shall be credited as service in the Unified Court System; provided,
						however, that, except as otherwise provided by law, leave credits may not be
						transferred upon movement from such positions to positions subject to this Part
						except where such credits were earned and accumulated in accordance with
						attendance and leave regulations which are substantially equivalent to the
						provisions of this Part and there is a written agreement between the President
						of the Civil Service Commission and the Chief Administrator of the Courts
						governing the transfer of leave credits upon such movements. Other public
						employment may be credited as service in the Unified Court System for purposes
						of determining transferability of leave credits, provided such employment was
						subject to attendance and leave regulations substantially equivalent to the
						provisions of this Part, and provided there is a written agreement between the
						Chief Administrator and the public agency wherein such employment occurred
						governing the crediting of such employment and the transfer of leave credits
						upon movement of employees to and from such agency and positions subject to
						this Part.
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 24 - Time And Leave › Section 24.13 - Retroactive time credits

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Nothing in this Part shall be
					 construed to provide for the granting of annual leave, sick leave or other time
					 or leave credits for service rendered prior to the effective date of this Part
					 [January 1, 1987]; provided, however, that nothing in this Part shall affect
					 time or leave credits lawfully earned prior to the effective date of this
					 Part.
(b) No employee
					 who has been placed on the payroll of the Unified Court System pursuant to
					 section
					 39 of the
					 Judiciary Law shall be entitled to compensation under this Part for any time or
					 leave credits lawfully earned before April 1, 1977, except in accordance with
					 section 39.
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 24 - Time And Leave › Section 24.14 - Suspension of rules

Current through Register Vol. 46, No. 28, July
					 10, 2024
The Chief Administrator of the Courts may
						suspend these rules, in whole or in part, in an emergency.
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 25.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall apply to employees of the
						Unified Court System other than judges and elective officers.
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 25.2 - Intent

Current through Register Vol. 46, No. 28, July 10,
					 2024
The purpose of these rules is to provide
						for the employees of the Unified Court System a career and merit system
						consistent with the Civil Service Law.
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 25.4 - General provisions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Delegation. All powers and duties of
					 the Chief Administrator of the Courts set forth in this Part may be delegated
					 by the Chief Administrator to any deputy, assistant, administrative judge or
					 court.
(b) Changes in
					 Civil Service Law. The Chief Administrator of the Courts may implement for
					 employees of the Unified Court System, for a period of no greater than six
					 months, procedures consistent with any changes in the Civil Service Law pending
					 formal consideration of these changes through amendments to this
					 Part.
(c) Any
					 provision in this Part requiring the return to a previously held position by an
					 employee on any type of leave of absence shall be deemed to permit the
					 assignment of said employee to any position with the same title in the same
					 promotion unit as the former position.
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 25.5 - Classification and allocation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator of the
					 Courts shall have the power to classify and reclassify, and to allocate and
					 reallocate to an appropriate salary grade, all positions in the classified
					 service of the Unified Court System.
(b) The Chief Administrator of the
					 Courts may, in order to implement a plan for the progressive advancement of
					 employees in an occupational group, based on their acquiring, as prescribed by
					 the Chief Administrator, training or experience or both, reclassify the
					 positions of the incumbents who meet the prescribed qualifications to titles
					 allocated to higher salary grades. The advancement of an incumbent pursuant to
					 this subdivision shall not be deemed a reallocation.
(c) The effective date of any
					 classification, reclassification, allocation or reallocation shall be such date
					 as is determined by the Chief Administrator of the Courts. No employee whose
					 salary would be increased by any classification, reclassification, allocation
					 or reallocation shall have any claim for the difference, if any, between his or
					 her former salary and that which he or she should receive as a result of that
					 classification, reclassification, allocation or reallocation for the period
					 prior to the date the change in title or salary grade becomes
					 effective.
(d) Review
					 of classification and allocation. Any nonjudicial employee, employee
					 organization or court administrator directly concerned in any classification or
					 allocation of a position in the Unified Court System may seek review of that
					 classification or allocation by submitting a request, in writing, to the
					 director of personnel of the Unified Court System setting forth the basis of
					 the change requested, together with any supporting papers. The director of
					 personnel shall conduct such inquiry as is necessary and recommend to the Chief
					 Administrator any required adjustments in the classification or allocation. The
					 Chief Administrator shall determine the request for review and shall notify the
					 employee, employee organization or administrator of that
					 determination.
(e) No
					 classification or reclassification of a position of a permanent employee shall
					 diminish any existing salary compensable on an annual basis so long as such
					 position is held by the then permanent incumbent.
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 25.7 - Classified service

Current through Register Vol. 46, No. 28, July
					 10, 2024
The classified service shall comprise all
						offices and positions in the Unified Court System except justices, judges,
						county clerks and housing judges appointed pursuant to section
						110 of the New York City Civil Court Act.
						The offices and positions in the classified service of the Unified Court System
						shall be divided into four classes, to be designated as the exempt class, the
						noncompetitive class, the labor class and the competitive class. The Chief
						Administrator of the Courts shall determine the appropriate class for each job
						title in the Unified Court System.
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 25.8 - Exempt class

Current through Register Vol. 46, No. 28, July
					 10, 2024
The exempt class shall consist of all
						offices or positions, other than unskilled labor positions, for the filling of
						which competitive or noncompetitive examinations may be found by the Chief
						Administrator of the Courts not to be practicable.
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 25.9 - Noncompetitive class

Current through Register Vol. 46, No. 28, July
					 10, 2024
The noncompetitive class shall include all
						positions that are not in the exempt class or the labor class and for which it
						is found by the Chief Administrator of the Courts not to be practicable to
						ascertain the merit and fitness of applicants by competitive examination.
						Appointments to positions in the noncompetitive class shall be made after such
						noncompetitive examination as is prescribed by the Chief
						Administrator.
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 25.10 - Labor class

Current through Register Vol. 46, No. 28, July
					 10, 2024
The labor class shall comprise all
						unskilled laborers in the Unified Court System. The Chief Administrator of the
						Courts may, where practicable, require applicants for employment in the labor
						class to meet minimum qualifications and to qualify by
						examination.
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 25.11 - Competitive class

Current through Register Vol. 46, No. 28, July
					 10, 2024
The competitive class shall include all
						positions for which the Chief Administrator of the Courts finds it is
						practicable to determine the merit and fitness of applicants by competitive
						examination.
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 25.12 - Private institutions or enterprises acquired by Unified Court System

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Whenever the Unified Court System shall acquire a private institution or
					 enterprise for the purpose of operating it as a public function, the Unified
					 Court System may continue the employment of all officers or employees thereof
					 deemed necessary, who shall have been in the employ of such private institution
					 or enterprise for at least one year prior to such acquisition. The positions so
					 held by such employees shall be in the noncompetitive class, pending the
					 jurisdictional classification or reclassification of such positions by the
					 Chief Administrator of the Courts, and such employees shall continue to be
					 employed in similar or corresponding positions and shall have the seniority
					 theretofore held by them as among themselves. The Chief Administrator, however,
					 after notice to any such employee of the reasons therefor, and after according
					 such employee a hearing, may exclude such employee from further employment if
					 found by the Chief Administrator not to be a person of good
					 character.
(b) Not
					 later than one year after the acquisition of such private institution or
					 enterprise, the Chief Administrator of the Courts shall classify or reclassify
					 the various positions. The then incumbents of such positions who are employed
					 therein at the time of the acquisition of the private institution or enterprise
					 and who were so employed for at least one year prior to such acquisition shall
					 continue to hold their positions without further examination and shall have all
					 the rights and privileges of the jurisdictional class to which such positions
					 may be allocated; provided, however, that after such acquisition all new
					 positions thereafter created and vacancies occurring in positions already
					 established shall be filled in accordance with the provisions of this
					 Part.
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 25.14 - Filling vacancies by open competitive examination

Current through
					 Register Vol. 46, No. 28, July 10, 2024
The Chief Administrator of the Courts may
						conduct an open competitive examination for filling a vacancy or vacancies
						instead of a promotion examination. Any employee or employee organization may
						submit to the Chief Administrator a request, in writing, for a promotion
						examination, rather than an open competitive examination, stating the reasons
						why it is practicable and in the public interest to fill the vacancy by
						promotion examination.
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 25.16 - Equal employment opportunity

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) It is the policy of New York State
					 Unified Court System to ensure equal employment opportunity for all employees
					 and applicants for employment, without regard to race, color, national origin,
					 religion, creed, sex (including freedom from sexual harassment), sexual
					 orientation, gender identity, gender expression, age, marital status,
					 disability, or, in certain circumstances, prior criminal record. No person
					 shall be prevented from qualifying for employment in any position in the
					 Unified Court System because of any of these factors, unless these factors are
					 bona fide occupational qualifications.
(b) The Chief Administrator of the
					 Courts may determine up to 100 positions in the competitive class with duties
					 such as can be performed by physically or mentally disabled persons who are
					 found otherwise qualified to perform satisfactorily the duties of any such
					 position. Upon such determination, the position shall be classified in the
					 noncompetitive class, and may be filled only by persons who shall have been
					 certified by an appropriate agency as being either physically or mentally
					 disabled, but capable of performing the duties of such positions.
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 25.17 - Duration of an eligible list

Current through Register Vol. 46, No.
					 28, July 10, 2024
The duration of an eligible list shall be
						fixed at not less than one nor more than four years, provided that:
(a) where vacancies cannot be
					 filled from an eligible list because of restrictions on filling vacancies based
					 upon a financial emergency, the Chief Administrator of the Courts may extend
					 the duration of that eligible list up to a period equal to the length of such
					 restriction against the filling of vacancies; and
(b) in exceptional
					 circumstances and where an examination already has been scheduled for a title,
					 the Chief Administrator may extend the duration of an eligible list for that
					 title up to the date of the certification of the new eligible list resulting
					 from that examination, but in no event for more than one year.
An eligible list that has been in existence
						for one year or more shall terminate upon establishment of an appropriate new
						list, unless otherwise prescribed by the Chief Administrator.
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 25.18 - Establishment of a continuing eligible list

Current through Register Vol.
					 46, No. 28, July 10, 2024
The Chief Administrator of the Courts may
						establish a continuing eligible list for any class of positions for which
						inadequate numbers of qualified persons are found available for recruitment or
						appointment. Names of eligibles shall be inserted in such list from time to
						time as applicants are tested and found qualified in examinations held at such
						intervals as may be prescribed by the Chief Administrator. Such successive
						examinations shall, so far as practicable, be constructed and rated so as to be
						equivalent tests of the merit and fitness of candidates. The name of any
						candidate who passes any such examination and who is otherwise qualified shall
						be placed on the continuing eligible list in the rank corresponding to his or
						her final rating on such examination. The period of eligibility of successful
						candidates for certification and appointment from such continuing eligible
						list, as a result of any such examination, shall be fixed by the Chief
						Administrator but, except as a list may reach an announced terminal date, such
						period shall not be less than one year; nor shall such period of eligibility
						exceed four years, except as provided in section
						25.17 of this Part. Subject to
						such conditions and limitations as the Chief Administrator may prescribe, a
						candidate may take more than one such examination; provided, however, that no
						such candidate shall be certified simultaneously with more than one rank on the
						continuing eligible list. With respect to any candidate who applies for and is
						granted additional credit in any such examination as a disabled or nondisabled
						veteran, and for the limited purpose of granting such additional credit, the
						eligible list shall be deemed to be established on the date on which his or her
						name is added thereto.
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 25.20 - Appointment or promotion of eligibles

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Appointment or promotion from
					 eligible lists.
(1) Appointment
					 or promotion from an eligible list to a position in the competitive class shall
					 be made by the selection of one of the three persons certified by the Chief
					 Administrator of the Courts as standing highest on such eligible list who are
					 willing to accept such appointment or promotion; provided, however, that where
					 it is necessary to break ties among eligibles having the same final examination
					 ratings in order to determine their respective standings on the eligible list,
					 appointment or promotion may be made by the selection of any eligible whose
					 final examination rating is equal to or higher than the final examination
					 rating of the third highest standing eligible willing to accept such
					 appointment or promotion. Appointments and promotions shall be made from the
					 eligible list most nearly appropriate for the position to be filled. Persons on
					 a certified eligible list who are considered and not selected for appointment
					 or promotion pursuant to this paragraph shall, whenever another candidate is
					 appointed or promoted, be given written notice of such nonselection.
(2) Whenever a vacancy exists
					 in a competitive class position and an open competitive examination does not
					 result in an eligible list containing the names of at least three persons
					 willing to accept appointment, a person may be nominated for noncompetitive
					 examination for such position. If such nominee shall be certified by the Chief
					 Administrator as qualified, he or she may be appointed to fill such vacancy.
					 The Chief Administrator also may designate an eligible list as a continuing
					 eligible list in accordance with section
					 25.18 of this Part.
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 25.21 - Oath of office

Current through Register Vol. 46, No. 28, July
					 10, 2024
Every person employed by the Unified Court
						System, except an employee in the labor class, before he or she shall be
						entitled to enter upon the discharge of any of his or her duties, shall take
						and file an oath or affirmation in the form and language prescribed by the
						Constitution for executive, legislative and judicial officers, which may be
						administered by any officer authorized to take the acknowledgment of the
						execution of a deed of real property, or by an officer in whose office the oath
						is required to be filed. In lieu of such oath administered by an officer, an
						employee may comply with the requirements of this section by subscribing and
						filing the following statement: "I do hereby pledge and declare that I will
						support the Constitution of the United States, and the Constitution of the
						State of New York, and that I will faithfully discharge the duties of the
						position of. . . according to the best of my ability." Such oath or statement
						shall be required only upon original appointment or upon a new appointment
						following an interruption of continuous service, defined in section
						25.30(b) of this
						Part, and shall not be required upon promotion, demotion, transfer, or other
						change of title during the continued service of the employee, or upon
						reinstatement, pursuant to law or rules, of an employee whose services have
						been terminated and whose last executed oath or statement is on file. The oath
						of office heretofore taken by any employee as previously required by law, and
						the oath of office hereafter taken or statement hereafter subscribed by any
						employee pursuant to this section, shall extend to and encompass any position
						or title in which such person may serve as an employee during the period of his
						or her continuous service following the taking of such oath or subscribing of
						such statement, and his or her acceptance of such new title shall constitute a
						reaffirmance of such oath or statement. The oath or statement of every employee
						of the Unified Court System shall be filed in the administrative office for the
						courts. The refusal or willful failure of such employee to take and file such
						oath or subscribe and file such statement shall terminate his or her employment
						until such oath shall be taken and filed, or statement subscribed and filed, as
						herein provided.
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 25.23 - Temporary and emergency appointments

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Temporary appointments authorized;
					 duration. A temporary appointment may be made for a period not exceeding three
					 months when the need for such service is important and urgent. A temporary
					 appointment may be made for a period exceeding three months under the following
					 circumstances only:
(1) When an
					 employee is on leave of absence from his or her position, a temporary
					 appointment to such position may be made for a period not exceeding the
					 authorized duration of such leave of absence as prescribed by statute or
					 rule.
(2) A temporary
					 appointment may be made for a period not exceeding six months when it is found
					 by the appointing authority, upon due inquiry, that the position to which such
					 appointment is proposed will not continue in existence for a longer period;
					 provided, however, that where a temporary appointment is made to a position
					 originally expected to exist for no longer than six months and it subsequently
					 develops that such position will remain in existence beyond such six-month
					 period, such temporary appointment may be extended for a further period not to
					 exceed an additional six months.
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 25.26 - Transfers and reassignments

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Definitions. Unless otherwise
					 expressly stated or unless the context requires a different meaning, the
					 following terms as used in this section shall be construed as set forth herein:
(1) The term reassignment means
					 the change, without further examination, of a permanent employee from his or
					 her present permanent title, position and location to another similar position
					 in the same promotion unit.
(2) The term transfer means the change,
					 without further examination, of a permanent employee from his or her present
					 permanent title, position and location within one promotion unit to a similar
					 position within another promotion unit.