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 25.15 - Filling vacancies by promotion examinations

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Filling vacancies by promotion.
					 Except as provided in section
					 25.14 of this Part, vacancies in
					 positions in the competitive class shall be filled, as far as practicable, by
					 promotion from among persons holding, at the time of the examination for
					 promotion or at the time of appointment, competitive class positions on a
					 permanent basis in a lower title in the promotion unit in which the vacancy
					 exists, provided that such lower-titled positions are in direct line of
					 promotion, as determined by the Chief Administrator of the Courts; except that
					 where the Chief Administrator determines that it is impracticable or against
					 the public interest to limit eligibility for promotion to persons holding
					 lower-titled positions in direct line of promotion, the Chief Administrator may
					 extend eligibility for promotion to persons holding competitive class positions
					 in lower titles which the Chief Administrator determines to be in related or
					 collateral lines of promotion, or in any comparable positions in the Unified
					 Court System. The Chief Administrator may prescribe minimum training and
					 experience qualifications for eligibility to take a promotion examination and
					 for promotion.
(b)
					 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.
(c) Promotion eligibility of
					 persons on preferred lists and employees on leave of absence. Any employee who
					 has been suspended from his or her position through no fault of his or her own
					 and whose name is on a preferred list, and any employee on leave of absence
					 from his or her position, shall be allowed to compete in a promotion
					 examination for which he or she would otherwise be eligible on the basis of his
					 or her actual service before suspension or leave of absence.
(d) General and promotion unit
					 eligible lists. Promotion examinations may be held for such subdivisions of the
					 Unified Court System as the Chief Administrator may determine to be appropriate
					 promotion units. No general promotion eligible list shall be certified for any
					 promotion unit until after the promotion unit eligible list for that promotion
					 unit has been exhausted.
(e) Promotion by noncompetitive
					 examination.
(1) 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
					 applications for examination for promotion to such position, one of such
					 persons may be nominated and, upon passing an examination appropriate to the
					 duties and responsibilities of the position, may be promoted. Any person who is
					 nominated for noncompetitive examination for promotion to such position and who
					 fails to pass two examinations for such promotion shall not thereafter be
					 eligible for employment in such position, except by appointment or promotion
					 from and eligible list established following competitive examination.
(2) An examination may be
					 waived for noncompetitive promotion where the nominee has already qualified in
					 an examination appropriate to the duties and responsibilities of the
					 position.