As used in these Rules, the following terms shall have the meanings
indicated:
APPOINTING AUTHORITY
The officer, commission or body having the power of appointment
to and termination from subordinate positions in a municipality or
department.
BUSINESS DAY
A weekday, excluding Saturdays, Sundays and paid holidays.
CERTIFICATION OF ELIGIBLES
A list of names in rank order drawn from an eligible list,
which is forwarded to an appointing authority for a defined period,
from which permanent appointments to competitive class positions are
made.
CLASS
One or more positions with sufficiently similar duties and
responsibilities to be designated by a single title.
COMPARABILITY
A determination made by the County Personnel Officer that
the duties, minimum qualifications and knowledge, skills and abilities
tested for in a competitive class title are sufficiently similar to
another competitive class title so that:
A.
Permanent status in one of the titles may be transferred to
the other title; or
B.
An eligible list established for a particular title may be certified
to fill vacancies in the other title.
DIRECT LINE OF PROMOTION
Titles with a common generic root in a series, such as Senior,
Principal, Head, Chief or I, II, III, IV in the classification plan.
ELIGIBLE LIST
An official public record which contains the names of all
persons who have passed an examination, listed in rank order of their
final ratings.
A.
MANDATORY ELIGIBLE LISTAn eligible list that contains a sufficient number of candidates to mandate its use for filling all vacancies in the title. To be mandatory, the number of candidates on the eligible list must be at least two more than the number of vacancies to be filled.
B.
NONMANDATORY ELIGIBLE LISTAn eligible list that does not contain a sufficient number of candidates, as defined above, to mandate its use for filling all vacancies in the title.
FIELD OF PROMOTION
Three or more employees in a municipality who meet the promotional
qualifications, as defined by the Civil Service Department, for a
competitive class position and who indicate a willingness to accept
the position.
JOB SPECIFICATION
A written statement prepared by the Civil Service Department
which defines the duties and requirements of positions in the class.
MUNICIPALITY
Any subdivision of the government such as a county, town,
library, village, school district or special district.
NOMINATION
An application for employment which is submitted by an appointing
authority to the Civil Service Department for approval prior to making
a provisional or temporary appointment or any appointment in the noncompetitive
class.
PART-TIME EMPLOYMENT
Any employment or a combination of one or more employments,
other than seasonal police officer*, in a municipality in which an
individual works 50% or less of the time prescribed as a standard
workweek; or where the employee earns not more than 25% of the official
annual salary rate assigned to the title. In the situation where the
twenty-five-percent rule is less than $5,000, the $5,000 maximum figure
will apply. (Note: *Employment as a seasonal police officer means
a period of temporary employment authorized during the period commencing
two weeks preceding Memorial Day and terminating two weeks after Labor
Day to meet extraordinary or peak demands for service occurring as
a result of seasonal population increase. Wages earned while employed
in the capacity of seasonal police officer shall not be included in
computing the maximum allowable earnings as a part-time employee.)
PENDING JURISDICTIONAL CLASSIFICATION
A roster record designation for a title that the Personnel
Officer will request the State Civil Service Commission to approve
for placement in either the unclassified service or in the exempt,
noncompetitive or labor class of these Rules Appendices.
PERMANENT COMPETITIVE STATUS
Employment rights vested with an employee appointed from
an eligible list upon completion of the required probationary period.
REASSIGNMENT
The change, at the discretion of the appointing authority
and without further examination, of an employee from one position
to another position of equal or greater work hours and salary in the
same title under the jurisdiction of the same appointing authority.
This section does not supersede the restrictions of Rule 12, Subsection
F(2).
REINSTATEMENT
The appointment, without further competitive examination,
to a competitive title the employee holds or held on a post-probationary
permanent or contingent permanent basis or to a comparable title or
to a lower title in the direct line of promotion.
RECLASSIFICATION
The reallocation of a position from one title to another
because of a permanent and material change in the duties of that position.
TRANSFER
The change, without further examination, of a post-probationary
permanent or contingent permanent competitive class employee from
a position under the jurisdiction of one appointing authority to a
position in the same, former, or comparable title, or lower title
in the direct line of promotion under the jurisdiction of another
appointing authority.
The County Personnel Officer supervises, directs and controls
the activities of the Civil Service Department and is vested with
all the powers and duties of a municipal civil service commission.
The County Personnel Officer is the appointing authority of the Civil
Service Department. The County Personnel Officer is appointed by the
County Executive with the approval of the County Legislature for a
term of six years.
Titles in the unclassified service, as defined in §
35 of the Civil Service Law, are listed in Appendix D and are a part of these Rules.
The County Personnel Officer may require that permanent appointment
or promotion to designated positions shall be conditioned upon the
satisfactory completion of a term of service as a trainee. The period
of such term of training service shall be prescribed by the County
Personnel Officer. Upon the satisfactory completion of such training
term, an appointee shall be entitled to full permanent status in the
position for which appointment was made. The employment of such person
may be terminated at any time between the minimum four weeks and the
end of the traineeship.
Conditions and limitations for transfers between competitive
class positions
A. Definition. A transfer refers to the change, without further examination,
of a post-probationary permanent or contingent permanent competitive
class employee from a position under the jurisdiction of one appointing
authority to a position in the same, former, or comparable title,
or lower title in the direct line of promotion under the jurisdiction
of another appointing authority.
B. Requests for transfer. Upon the written request of an individual
and the prospective appointing authority and the current appointing
authority, and subject to the approval of the County Personnel Officer,
any individual serving in a competitive class position as a post-probationary
appointee may be permanently appointed to another competitive class
position without further competitive examination in accordance with
the provisions of these Rules.
C. Conditions for transfer.
(1)
There is no preferred list appropriate for filling the position
to which appointment is sought containing the name of an eligible
willing to accept appointment; and
(2)
There is no departmental promotion list for the position to
which appointment is sought containing names of three or more eligibles
willing to accept appointment; and
(3)
Examination.
(a)
When the examination for the position held was prepared by the
Suffolk County Department of Civil Service, the County Personnel Officer
determines that the examinations' scopes and qualifications for
the positions held and to which appointment is sought are comparable;
or
(b)
When the examination for the position held was prepared by the
New York State Department of Civil Service:
[1]
The County Personnel Officer determines that the examinations'
scopes and qualifications for the positions held and to which appointment
is sought are identical; or
[2]
If the examinations' scopes and qualifications for the
positions held and to which appointment is sought are not identical,
the New York State Department of Civil Service has determined that
the examination for the positions held involved or would involve essential
tests and qualifications the same as or greater than those of the
position to which appointment is sought.
D. Status of transferee. An employee who transfers into a different
municipality maintains continuous service from the employee's
original appointment in the municipality from which the employee transferred.
Retention standing and eligibility for examination are derived from
the date of original appointment in the municipality from which the
employee transferred. Upon completion of the twelve-week probationary
period and upon written request, a transferee who appears on an existing
promotional list will acquire promotional eligibility in the new municipality
or under the new appointing authority.
E. Probationary term. Every transfer to a competitive class position
is for a probationary term of 12 weeks. The position vacated by the
employee may not be filled on other than a temporary, provisional
or contingent permanent basis during the probationary term. An employee
may be terminated at any time during the probationary period. Notice
of the termination must be in writing to the employee prior to the
termination. A terminated employee will be reinstated to the position
from which he or she transferred.
Reinstatement is at the discretion of the appointing authority
of the agency in which reinstatement is sought. An employee may be
reinstated in any municipality under the authority of the County Personnel
Officer without examination to a competitive title the employee holds
or held on a post-probationary permanent or contingent permanent basis
or to a comparable title or to a lower title in the direct line of
promotion. Reinstatement is permitted if there is no preferred list
appropriate for filling the position to which appointment is sought
containing the name of an eligible willing to accept appointment.
A. Reinstatement after resignation.
(1)
Reinstatement within one year is at the discretion of an appointing
authority.
(2)
After one year, and prior to four years from the date of separation,
a post-probationary permanent or contingent permanent employee may
be reinstated as above, subject to the approval of the County Personnel
Officer. If the position to which reinstatement is sought requires
successful completion of medical and/or physical agility tests for
original appointment, the individual being reinstated must satisfy
these criteria prior to reinstatement.
(3)
In an exceptional case, where the interests of government would
be served, the County Personnel Officer may permit a reinstatement
beyond four years of the date of resignation subject to the following
conditions:
(a)
The appointing authority must provide documentation or explanation
that demonstrates to the satisfaction of the County Personnel Officer
that the individual requested to be reinstated possesses current knowledge
and skill in the occupational field to which reinstatement is sought.
(b)
If the position to which reinstatement is sought requires successful
completion of medical and/or physical agility tests for original appointment,
the individual being reinstated must satisfy these criteria prior
to reinstatement.
(4)
Any period of time on active military duty or in another position
in the same municipality shall not be counted in computing the four-year
period of eligibility.
(5)
Probation periods.
(a)
Employees reinstated in the same appointing authority within
one year after separation retain permanent status without further
probation. After one year, a twelve-week probation period will be
required. An employee may be terminated any time during the probation
period.
(b)
All reinstatements to positions under a different appointing
authority will require a twelve-week probation period. An employee
may be terminated at any time during the probation period.
B. Reinstatement based on continuous service in a municipality. A current
employee with continuous service in a municipality may be reinstated,
within that municipality, to a competitive title held on a post-probationary
basis in that municipality, regardless of time elapsed since service
in the title, or to a comparable title, or lower level title in the
direct line of promotion.
(1)
If reinstatement is under the same appointing authority, there
is no probation period.
(2)
If reinstatement is under a different appointing authority,
a twelve-week probation period is required. Employees may be terminated
at any time during the probation period.
(3)
A reinstatement from a leave of absence does not require a probation
period.
C. Status of reinstated employee.
(1)
In the same municipality: Reinstatement in the same municipality
within one year does not constitute a break in service. A reinstatement
beyond one year is a break in continuous service.
(2)
In a different municipality: An employee who is reinstated in
a different municipality does not maintain continuous service in the
municipality in which the reinstatement takes place. Retention standing
and eligibility for examination are derived from the date of reinstatement
in the municipality in which the employee was reinstated. A candidate
appearing on a promotional list based on employment in one municipality
will not be activated on the promotional list in the new municipality
or under the new appointing authority.
D. In addition to preferred list rights, an employee who is laid off from the civil service of a municipality shall be eligible for reinstatement in the same manner as described in Subsection
A or
B above. Time on a preferred list will be considered continuous service in the municipality from which layoff occurred.
E. Voluntary demotion. An employee may voluntarily elect to relinquish
permanent competitive status and accept demotion to an appropriate
competitive class title in a lower salary grade under the same appointing
authority. Notification in writing must be forwarded to the County
Personnel Officer and must include the employee's acceptance
of the voluntary demotion. Demotion may be to any title in the direct
line of promotion or to any comparable title, regardless of whether
or not the title was previously held.
No question in any examination or application or other proceeding
by the Civil Service Department shall be so framed as to elicit information
concerning the political opinions or affiliations of any applicant.
No discrimination shall be exercised, threatened or promised against
or in favor of any applicant because of the applicant's political
opinions or affiliations.