[HISTORY: Adopted by the Suffolk County Department of Civil
Service as revised August 2013. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 42.
Disability truth-in-hiring policy — See Ch. 53.
Employee relations — See Ch. 68.
Protection of employees making allegations of misconduct — See Ch. 71.
Ethics and accountability — See Ch. 77.
Health and safety of employees — See Ch. 110.
Employee benefits — See Ch. 935.
A.
The purpose of these Rules is to provide an orderly and uniform system for the administration of civil service in the County of Suffolk on the basis of merit and fitness as provided in Article V, Section 6, of the New York State Constitution, the Suffolk County Charter and the Civil Service Law of the State of New York. These Rules have the force and effect of law, and apply to all positions in the classified service of the County of Suffolk as well as the towns, villages, school districts and special districts therein.
B.
These Rules are effective upon receipt by the County Personnel Officer
of the approval of the State Civil Service Commission and supersede
any prior Rules. These Rules may be amended by the County Personnel
Officer subject to public hearing and the approval of the State Civil
Service Commission.
As used in these Rules, the following terms shall have the meanings
indicated:
The officer, commission or body having the power of appointment
to and termination from subordinate positions in a municipality or
department.
A weekday, excluding Saturdays, Sundays and paid holidays.
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.
One or more positions with sufficiently similar duties and
responsibilities to be designated by a single title.
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:
The Personnel Officer of the Civil Service Department of
the County of Suffolk.
Titles with a common generic root in a series, such as Senior,
Principal, Head, Chief or I, II, III, IV in the classification plan.
An official public record which contains the names of all
persons who have passed an examination, listed in rank order of their
final ratings.
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.
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.
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.
A written statement prepared by the Civil Service Department
which defines the duties and requirements of positions in the class.
The assignment of positions in the classified service to
the competitive, noncompetitive, exempt or labor classes.
Any subdivision of the government such as a county, town,
library, village, school district or special district.
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.
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.)
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.
Employment rights vested with an employee appointed from
an eligible list upon completion of the required probationary period.
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).
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.
The reallocation of a position from one title to another
because of a permanent and material change in the duties of that position.
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.[1]
[1]
Editor's Note: Appendix D is on file in the Civil Service
Department.
A.
Competitive class. All newly created titles shall be deemed to be
competitive; except when in the opinion of the County Personnel Officer
the title warrants exclusion from the competitive class. Titles assigned
to a jurisdictional class other than competitive are subject to approval
by the State Civil Service Commission. Failure to exclude a newly
created title from the competitive class does not preclude that title
from being considered for exclusion at a later date.
B.
Noncompetitive class.
(2)
A position in the noncompetitive class may only be filled by the
appointment of a person who meets any minimum qualifications established
for such position. A nomination for such an appointment shall state
the qualifications of the nominee and shall be filed, prior to any
appointment, by the appointing authority. Such appointment shall become
effective only after approval by the County Personnel Officer.
A.
Classification plan. The Civil Service Department, subject to the
approval of the County Personnel Officer, shall prepare and maintain
a list of titles and specifications for all positions in the classified
service and allocate all positions to an appropriate title.
B.
Classification of new positions.
(1)
Before any new position is created, an appointing authority must submit a statement of duties to the County Personnel Officer in accordance with § 22 of the Civil Service Law.
(2)
The Civil Service Department assigns a title to the position. If
no appropriate title exists, a new one will be created and an appropriate
specification will be written.
C.
Reclassification.
(1)
The Civil Service Department may review the duties of an existing
position at any time. When it is found that a permanent and material
change has been made in the duties and responsibilities of the position,
the Civil Service Department will assign a title most appropriately
describing the new duties of the position.
(2)
An appointing authority must apply for the reclassification of any
position in that department if there is a significant change in the
duties and responsibilities; any employee may also apply for reclassification
of his or her position. When it is found that a permanent and material
change has been made in the duties and responsibilities of the position,
the Civil Service Department assigns a title which most appropriately
describes the new duties of the position.
(3)
The Civil Service Department will give notice of any change in classification
to the appointing authority and the incumbent of the position. Any
appointing authority or the incumbent desiring to appeal a reclassification
decision shall be afforded an opportunity to do so. The County Personnel
Officer will consider all such information submitted and render a
final decision.
(4)
The reclassification of a position and associated appointment to
the new title cannot be effective on any date prior to that of the
official Civil Service notification of reclassification.
A.
Residency requirements. The Civil Service Department may require that a candidate for examination for any competitive class position in a municipality be a resident or an employee of the municipality. Residency requirements may be expanded by the County Personnel Officer, as provided under § 23, Subdivision 4-a, of the Civil Service Law.
B.
Announcement of examinations. The public announcement of an examination
must be conspicuously posted for a minimum of 15 days and must specify
the title, application fee, salary, duties, minimum qualifications,
last filing date, subjects of the examination, and type of tests (i.e.,
written, oral, performance, etc.).
C.
Applications.
(1)
Applications for all examinations must be received by the Suffolk
County Civil Service Department. Applications postmarked after 12:00
midnight of the last filing date may not be considered eligible for
the announced examination. In the absence of a postmark, the date
the application is received determines if the application is timely.
The burden of delivering an application by the announced last filing
date rests solely with the applicant.
(2)
Notification of the disposition of each candidate's application
will be mailed, prior to the examination date, to the address listed
on the application. Appeal of any disapproval must be received by
the County Personnel Officer in writing prior to the date of the examination.
(3)
All applications for provisional, noncompetitive and temporary appointments
must be delivered to the Civil Service Department by the appointing
authority.
D.
Release of application information. A candidate's application
for appointment or examination may be forwarded to the appointing
authority to whom the applicant's name is certified.
A.
Application. The application of this Rule shall be limited to the disqualification of applicants or eligibles pursuant to § 50, Subdivision 4, of the Civil Service Law.
B.
Grounds. A record of disrespect for the requirements and processes of law, including use of illicit drugs, repeated traffic offenses or disregard of summonses for traffic offenses, or the violation of any of the procedures established by the Civil Service Department regarding the conduct or review of examinations may be grounds for disqualification for examination or, after examination, for certification and appointment as provided by § 50, Subdivision 4, of the Civil Service Law.
C.
Verification of qualifications. The burden of establishing qualifications
to the satisfaction of the County Personnel Officer is on the applicant.
Any applicant who refuses to permit the Civil Service Department to
investigate matters necessary for the verification of qualifications
or who otherwise hampers, impedes or fails to cooperate with the Civil
Service Department in such investigation may be disqualified for examination
or, after examination, for certification and appointment. Any individual
who falsifies qualifications on an application will be subject to
removal at any time pursuant to the fraud provisions of Section 50.4,
Civil Service Law.
D.
Appeal. No person can be disqualified pursuant to this section unless
given a written statement of the reason(s) and afforded an opportunity
to make an explanation and to submit facts in opposition to that disqualification.
A.
Examinations prepared and/or rated by the Suffolk County Department
of Civil Service.
(1)
Rating keys shall be prepared for each multiple-choice examination
held and shall be a permanent part of the record of each examination.
Final scores in an examination shall be made on the scale of 0 to
100, with 70 the passing score. Final scores need not be arithmetic
percentages, but may be based on scoring formulas or tables, including
tables to allow for zone or band scoring. Except for a test which
has been validated pursuant to the Uniform Guidelines on Employee
Selection Procedures of the United States Equal Employment Opportunity
Commission, no candidate who achieves a raw score of 70% correct prior
to the application of a scoring formula can receive a final score
of less than 70.
(2)
Tested candidates in an examination shall be notified of their final
ratings only. Partial scores, and scores attained on subtests or components
of an examination, shall not be released. Except for continuous recruitment
examinations, candidates passing a test used to rank order the competitors
shall also be notified of their positions on the resulting list of
eligibles.
(3)
There shall be no review available to candidates who pass a noncompetitive promotional test administered pursuant to § 52, Subdivision 7, of the Civil Service Law.
(4)
Prerating review.
(a)
A prerating review shall be held for the sole purpose of inviting
candidates' input to validate an answer key prior to scoring
any candidates' test papers in a multiple-choice test. However,
no prerating review shall be held for continuous recruitment examinations
or for any multiple-choice examination for which the answer key has
been validated by a panel of subject matter experts or for any test
that has been validated pursuant to the Uniform Guidelines on Employee
Selection Procedures of the United States Equal Employment Opportunity
Commission.
(b)
When a prerating review is offered, it shall be held at a time
and place specified by the Suffolk County Personnel Officer. Candidates
competing in multiple-choice tests shall be granted the opportunity
to inspect a copy of the test booklet used in the examination and
the proposed answer key. The candidates' answer papers shall
not be made available during a prerating review. The examination booklet
and answer key shall be shown only to the candidate. All appeals must
be submitted in writing at the time of such review, unless otherwise
directed by the Personnel Officer. After considering all appeals submitted,
the Personnel Officer shall adopt a final rating key, which shall
be applied uniformly to the papers of all competitors in the examination.
(5)
Post-rating scoring review.
(a)
A post-rating scoring review shall be held for the sole purpose
of ensuring the accuracy of the scoring of a test. Test papers from
continuous recruitment examinations, qualifying performance, physical
fitness, medical, psychological or other tests which, in the judgment
of the Suffolk County Personnel Officer, a post-rating review would
be impractical or might compromise the security of future administrations
of a test, shall not be made available for candidate review; however,
the Personnel Officer shall, for these tests, provide for an alternative
to candidate review to ensure the accuracy of the scoring.
(b)
When a post-rating review is offered to candidates, a candidate
receiving notice of examination results may inspect a copy of his
or her answer sheet along with the final answer key, provided that
the candidate makes written request to do so within 10 days of the
postmark of such notice of examination results. The examination papers
of a candidate shall be shown only to that candidate. All appeals
must be submitted in writing at the time of the post-rating review.
(6)
No candidate is deemed to qualify on a noncompetitive promotional
examination unless the candidate achieves a raw score of at least
70%.
(7)
No scoring method will be used on a rating of training and experience
which results in the failure of any candidate who meets the announced
minimum qualifications for the position.
(8)
The County Personnel Officer may at any time during the life of an
eligible list correct any clerical or computational errors in the
ratings of candidates who competed in the examination.
B.
Examinations prepared and rated by the New York State Civil Service
Department.
(1)
For examinations prepared and rated by the Civil Service Department,
the rules and regulations of the State Civil Service Commission will
govern the rating of examinations, the review of examination papers
by candidates and the filing of appeals.
(2)
The State Civil Service Commission has sole and exclusive authority
to correct any errors in rating upon appeal. Any changes will be made
without prejudice to the status of any person previously appointed
from the eligible list.
C.
Seniority credits. For promotion examinations, seniority credits
will be added to passing scores at the rate of 0.10 point per each
six months of continuous permanent competitive service, to a maximum
of 20 years.
A.
No person is eligible to participate in a promotion examination until
having served at least six months on a permanent or contingent permanent
basis in a position or combination of positions deemed eligible for
examination by the Civil Service Department.
B.
In computing a candidate's eligibility for promotion, only service
in the municipality in which the candidate is currently serving will
be credited, with the exception of permanent status carried over as
a result of transfer.
C.
Any person nominated for noncompetitive examination for promotion
who fails to pass that examination will no longer be eligible for
noncompetitive promotion.
A.
Standings. All candidates attaining passing scores in an examination
may be eligible for appointment to a position in the title for which
they were examined; and their names will be entered on the eligible
list in the order of their final score, including veteran's and/or
seniority credits. If two or more eligibles receive the same final
score in an examination, they will occupy the same list position.
B.
Duration. Eligible lists are established on dates determined by the
County Personnel Officer. The duration of an eligible list is fixed
at not less than one year and may be extended to a maximum of four
years at the discretion of the County Personnel Officer.
C.
Public inspection. Eligible lists will be open to public inspection
at the office of the Department of Civil Service. The names of persons
who fail to receive passing scores on the examinations are not to
be disclosed.
D.
Promotional. Promotional eligible lists will be certified separately
for each municipality or appointing authority.
E.
Correction and revocation. The County Personnel Officer has the power
to correct any error, to amend any eligible list where an error has
been made, and to revoke any eligible list where the provisions of
these Rules were not properly or sufficiently carried out. An eligible
list shall not be revoked prior to all persons whose names appear
on the list receiving notice. The reasons for revocation shall be
reported to the State Civil Service Commission.
A.
Appropriate eligible list determination/certification.
(1)
The County Personnel Officer shall determine the eligible list
most nearly appropriate for the position to be filled, and shall certify
to the appointing authority a sufficient number of eligibles from
which selection for appointment may be made. When the name of any
eligible is included in a certification for appointment, the names
of all other eligibles on the list having the same final rating as
that eligible shall be included in the certification.
(2)
Candidates may specify those work-related factors defined by
the Civil Service Department under which they are willing to accept
employment. Candidates will be permitted to revise those conditions,
provided written notice is received by the Civil Service Department
prior to the preparation of a certification.
(3)
The applicable promotional list shall be certified before any
open-competitive list.
B.
Rule of Three. An appointing authority is required to request a certification
of eligibles before filling any vacant position in the competitive
class. The Civil Service Department determines the eligible list most
appropriate for the position to be filled and certifies a sufficient
number of eligibles to the appointing authority from which selection
may be made from the three highest willing acceptors. All eligibles
receiving the same score will be included on the certification.
C.
Canvass/Precanvass.
(1)
An eligible list may be precanvassed by the Department of Civil
Service, or a certification of eligibles may be canvassed by an agency
to determine candidates interested in being considered for employment.
(2)
A candidate who fails to respond in writing within seven business
days from the mailing date of the precanvass or canvass may be considered
ineligible when making selection for that particular appointment.
(3)
The appointing authority may interview candidates whose names
appear on the certification of eligibles. Candidates selected for
interview must be notified in writing by mail postmarked at least
seven business days prior to the scheduled time and place of such
interview. Interviews shall only be conducted during regular business
hours and at a regular worksite of the appointing authority unless
mutually agreed upon between candidate and employer. If the employer
wishes to interview at another location and outside of the normal
workplace, all candidates must be interviewed in this manner.
D.
Duration. A certification of eligibles is valid for a period of 60
days. No appointments shall be made after the sixty-day period has
expired except as follows:
(1)
A thirty-day extension of the certification may be granted by the County Personnel Officer. Provisional appointments may only be extended as provided under § 65 of New York State Civil Service Law.
(2)
In instances where candidates are pending required qualifying
tests, the certification may be extended until such tests are completed
and the appointing authority has had a reasonable opportunity to make
appointments.
E.
Removal.
(1)
Candidates who have accepted a permanent or contingent permanent
appointment from an eligible list will not be certified for future
appointments from that list. An employee who is removed or who resigns
will not be restored to the eligible list from which the appointment
was made unless the County Personnel Officer determines that special
circumstances warrant such restoration. If a contingent permanent
employee is displaced, the employee's name will be restored to
the eligible list from which the appointment was made, if still in
existence.
(2)
An individual will be eliminated from further certification
from an eligible list for failure to report for work after accepting
an appointment.
(3)
Candidates will be removed from a promotional eligible list
upon termination of employment in the title from which eligibility
for promotion was based. During the life of an eligible list, an individual
may be activated to that list upon reinstatement in the same municipality
to the title from which the eligibility for promotion was based.
(4)
Candidates on a preferred list for a title upon which promotional
eligibility was based will not be removed from the promotional list.
F.
Salary; work hours.
(1)
The appointing authority must advise the Civil Service Department
of the annual starting salary for any vacant position prior to certification.
A salary range is not in compliance with this requirement. A candidate
may be appointed above the stated salary only if the individual is
currently employed by the municipality and is placed in the appropriate
grade and/or step to account for prior service.
(2)
Whenever a candidate declines an appointment due to salary,
and an individual who now becomes reachable on the certification is
appointed, the salary shall not be raised for a period of six months
except by a general pay increase.
(3)
When a candidate who was not immediately reachable is appointed,
the work hours of the position cannot be changed within the first
year of employment.
G.
Residency preference. In filling vacancies from an open-competitive
eligible list, an appointing authority may require that eligibles
who are residents of the municipality in which the vacancy exists
be certified first for appointment. Upon exhaustion of the list of
resident eligibles, certifications shall be made from the entire eligible
list. Where preference in certification is given to residents of a
municipality, an eligible must be a resident of that municipality
at the time of appointment and must have been a resident of that municipality
for at least 90 consecutive days immediately preceding the date of
certification.
H.
Exclusions.
(1)
When an open-competitive examination announcement results in
three or fewer approved applicants and one of them is to be appointed
to a position in the announced title, the County Personnel Officer
may certify that person for permanent appointment without further
examination if that person has already passed an appropriate examination
for the title within four years.
(2)
Certification of an eligible list shall not be required for
certain positions. An eligible list will not be certified for a permanent
competitive class appointment due to reclassification of a permanently
filled competitive class position where appointment from such list
would require the displacement of the permanent employee. This provision
shall cease to apply if the incumbent whose position was reclassified
has, following such reclassification, twice failed to qualify for
permanent appointment to the reclassified position.
A.
Under no circumstances will an individual who has failed two consecutive
examinations for the title be given a third provisional appointment
in the same title.
B.
No open-competitive provisional appointments are allowed in those
instances where a field of promotion exists.
C.
A provisional appointment automatically initiates the process of
administering an examination. When a provisional appointment is made,
it is with the understanding that the appointing authority will use
the eligible list resulting from that examination to appoint a reachable
candidate.
D.
A provisional employee who has refused or failed to take an examination
for permanent appointment may not be given another provisional appointment
in any title, except at the discretion of the County Personnel Officer,
who shall maintain a written record of that approval.
E.
When a civil service examination is held for the title, the provisional employee must take the examination, pass it and be reachable for appointment from the resultant eligible list in order to be retained. A provisional who has failed an examination for permanent appointment or is not reachable on the eligible list must be removed from the position within 60 days of the establishment of the eligible list, except as provided in § 65 of the Civil Service Law. While a certification of eligibles may be extended for an additional 30 days beyond the original 60 days, no extension is permitted for required action to appoint or terminate a provisional employee within 60 days, except in accordance with § 65, Subdivision 3, of the Civil Service Law.
F.
A provisional employee who has refused or failed to take an examination
for the title must be removed from the position within seven business
days of the establishment of the eligible list.
G.
An employee who has failed to attain permanent status after three
provisional appointments will not be approved for a fourth provisional
appointment in any title.
H.
A provisional employee who has taken the examination but is not eligible
for permanent appointment when the list is established:
I.
All provisional appointments are at the discretion of the County
Personnel Officer.
J.
If a nonmandatory list is established (one that does not contain
a sufficient number of candidates to mandate its use for filling all
vacancies), provisionals who appear on the list attain permanent status,
subject to successful completion of any applicable probationary period,
as follows:
(1)
If a provisional has completed nine months of service prior
to the establishment of the list, permanent status is gained upon
establishment of the list.
(2)
If a provisional completes nine months of service after the establishment of the eligible list, but prior to the completion of the two-month period provided in Subsection D, the provisional gains permanent status upon the completion of the nine-month provisional term, unless earlier action is taken by the appointing authority.
(3)
If a provisional is retained more than two months after the
date of establishment of the eligible list, permanent status is gained
effective the date the list was established.
K.
If a mandatory eligible list for the title is established, the provisional
appointee cannot gain permanent competitive class status without positive
overt action being taken by the appointing authority.
A.
Open competitive.
(1)
Unless otherwise noted in these Rules, every permanent or contingent
permanent appointment from an open-competitive eligible list is for
a probationary term of 26 weeks.
(2)
A probationary employee may not be terminated during the first four weeks of service except as provided in Subsection K of this Rule. An employee may be terminated at any time between the fourth week and last day of the probationary term. Notice of termination must be in writing, to the employee, prior to the termination.
B.
Traineeships. The probationary term for all trainee titles is the
training period defined in the civil service job specifications or
as determined by the County Personnel Officer.
C.
Promotion for other than law enforcement positions.
(1)
For other than law enforcement positions defined in Subsection D below, every permanent or contingent permanent appointment from a promotion eligible list is for a probationary term of 12 weeks.
(2)
An employee may be terminated at any time between the fourth
week and last day of the probationary term. Notice of removal must
be in writing, to the employee, prior to the termination.
(3)
The position vacated by a promoted employee may not be filled
on other than a temporary, provisional or contingent permanent basis
during the promoted employee's probationary term.
D.
Law enforcement positions.
(1)
Every permanent appointment to the position of Deputy Sheriff
I, Park Police Officer I, Park Ranger I or Correction Officer I from
an open-competitive eligible list is for a probationary term of 12
months.
(2)
Every permanent appointment to the position of police officer
from an open-competitive or promotional eligible list is for a probationary
term of 18 months.
(3)
The appointment of a police officer or the promotion of a police
officer to a first-line supervisory position does not become permanent
until the officer has satisfied the training requirements of § 209-q
of the State General Municipal Law.
(4)
Every permanent appointment from a promotion list to the position
of Police Sergeant, Lieutenant, Captain or Chief is for a probationary
term of six months.
(5)
A probationary employee may not be terminated during the first four weeks of service except as provided in Subsection K of this Rule. An employee may be terminated at any time between the fourth week and last day of the probationary term. Notice of termination must be in writing, to the employee, prior to the termination.
E.
Transfer. 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.
F.
Reinstatement.
(1)
Employees reinstated by the same appointing authority within
one year after resignation or other period of less than one year not
employed by that appointing authority retain permanent status without
further probation. After one year, a twelve-week probation period
will be required. An employee may be terminated at any time during
the probation period.
(2)
Employees with continuous service under an appointing authority who are reinstated to a title previously held under that appointing authority in accordance with Rule 18, Subsection B, will not serve a probation period.
(3)
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 this probation period.
(4)
No probationary period shall be required for a reinstatement
from a leave of absence.
G.
Veterans and exempt volunteer firemen. Other than those positions specifically excluded pursuant to § 75 of the Civil Service Law, every appointment of a veteran (as defined in § 85 of the Civil Service Law) or an exempt volunteer fireman (as defined in § 200 of the State General Municipal Law) to a position in the noncompetitive, labor or exempt class is for a probationary term of 26 weeks.
H.
Absence during probationary term. At the discretion of the appointing
authority, any period of absence during probation may be added to
the probationary period as long as the employee is so notified prior
to the end of the probationary term.
I.
Service in higher level position. When an employee on probation is
appointed to a related higher-level position, under the same appointing
authority, the period of service in the higher-level position may
satisfy the probationary term in the lower position. The appointing
authority must submit a written request and it is subject to the approval
of the County Personnel Officer.
J.
Restoration to eligible list. An employee who is removed or who resigns
during probation will not be restored to the eligible list from which
the appointment was made if the list is still in effect unless the
County Personnel Officer determines that special circumstances warrant
such restoration.
K.
Removal during probationary term. Nothing contained in this Rule shall be construed to limit or otherwise affect the authority of an appointing authority to remove a probationer for incompetence or misconduct at any time during the probationary period pursuant to a contractual disciplinary procedure or § 75 of the Civil Service Law.
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.
A.
Conditions requiring contingent appointment. A contingent appointment
is required to fill a vacancy which occurs in a competitive class
position as a result of:
(1)
A probationary or other nonpermanent appointment of the permanent
incumbent of that position to another competitive class position in
the same jurisdiction; or
(2)
A leave of absence granted to the permanent incumbent of that
position; or
(3)
A transfer of the permanent incumbent to another appointing
authority.
B.
Contingent permanent appointees.
(1)
A person appointed to a contingent position acquires contingent
permanent status if that person was selected from among the three
highest willing acceptors.
(2)
If more than one contingent permanent appointment is to be made
from a certification of eligibles, a candidate with the highest score
must have the earliest start date.
(3)
Upon completion of the probationary term, the contingent permanent
appointee may be displaced from the position only upon:
(4)
When the conditions requiring a contingent appointment no longer
exist, the appointee shall acquire status upon completion of the probationary
term retroactive to the date of the contingent permanent appointment.
If there are two or more employees eligible for permanent appointment,
the status shall be given to the one first appointed on contingent
basis.
(5)
When a vacancy occurs in a title where there is more than one
contingent permanent appointee, the contingency shall be moved to
that vacancy and removed from the employee longest serving as a contingent.
(6)
For promotion eligibility, contingent permanent service is credited
as permanent service.
(7)
The name of an individual serving a contingent permanent appointment
will be removed from the eligible list upon appointment. If the individual
is displaced by the return of the permanent incumbent, the employee
will be restored to the list from which the employee was appointed
if it is still in existence.
C.
Reinstatement of the permanent incumbent.
(1)
Voluntary. A permanent employee serving in another competitive
position with provisional or probationary status has a right to be
reinstated to the former permanent position within 30 calendar days
following the individual's written request for reinstatement,
or prior to attainment of permanent status, whichever comes first.
(2)
Involuntary. If a permanent employee serving in another competitive
position with provisional or probationary status is to be removed
from the position, the appointee must be reinstated to the permanent
position within a period of 30 days or prior to attainment of permanent
status, whichever comes first.
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.
A.
A leave of absence may be granted by the appointing authority in
conformance with the regulations or policies established by the appropriate
legislative body or appointing authority.
B.
An employee who returns to active service following a leave of absence
must serve at least three months before additional leave may be granted,
unless specified by law, such as military leave.
C.
Leaves required by law must be granted. Military leaves shall be
approved pursuant to §§ 242, 243 and 246 of the New
York State Military Law.
D.
A leave of absence may not be unilaterally shortened by either the
employer or employee; however, by mutual agreement, an employee may
return earlier than the original date of completion of the leave.
E.
When an employee fails to return to work for 10 consecutive working days following the expiration of a leave of absence that absence is considered abandonment of the job and is sufficient cause for dismissal pursuant to § 75 of the Civil Service Law. The effective date of this separation is retroactive to the first day of the leave.
F.
Whenever an employee is to be terminated under § 73 of the Civil Service Law following leave of absence occasioned by ordinary disability, or under § 71 of the Civil Service Law following exhaustion or termination of workers' compensation leave, he or she must be afforded an opportunity for a post-termination hearing to contest the decision. Notice of post-termination hearing rights must be in writing.
G.
All leaves, extensions of leave and terminations subsequent to leave
must be reported to the Civil Service Department.
A.
Every resignation shall be in writing. If an effective date is specified,
a resignation takes effect on the specified date. If no effective
date is specified, a resignation is effective upon delivery to the
appointing authority. If a resignation is submitted while an employee
is on leave of absence without pay, the resignation is effective as
of the date the leave began.
B.
When charges of incompetency or misconduct have been or are about
to be filed against an employee, the appointing authority may elect
to disregard a resignation filed by an employee and to proceed with
the charges. In the event that the employee is found guilty of the
charges and dismissed from the service, the termination shall be recorded
as a dismissal rather than as a resignation.
C.
A letter of resignation which has been delivered to an appointing
authority may not be withdrawn, cancelled or amended without the appointing
authority's consent.
A.
ABOLITION OF A POSITION IN THE COMPETITIVE CLASS
DIRECT LINE OF PROMOTION
LAYOFF UNIT
NEXT LOWER OCCUPIED TITLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The total elimination of the position or the reduction in
the hours of the position.
A series of titles in the classification plan with a common
generic root, such as Senior, Principal, Head, Chief or I, II, III,
IV.
Each official department, as prescribed by § 35(e)
of the Civil Service Law, of the County or any municipality. Where
a municipality has a single appointing authority, it is a single layoff
unit.
The closest lower title in the direct line of promotion in
the layoff unit in which one or more persons serve.
B.
Retention standing.
(1)
Retention standing is derived from an incumbent's continuous
service. Continuous service starts on the date of the original appointment
on a permanent or contingent permanent basis in the classified service
in the jurisdiction in which abolition of position occurs. For purposes
of determining original appointment, completion of probation is not
required. Prior service in another municipality is not included in
the employee's retention standing unless the individual was transferred.
(a)
A leave of absence is not an interruption of continuous service.
(b)
A period of time during which an employee is on a preferred
list does not constitute an interruption of continuous service.
(c)
A resignation followed by a reinstatement more than one year
after resignation constitutes a break in service and the original
appointment date is the date of reinstatement.
(d)
Nonpermanent (temporary, provisional or unclassified) service
preceding the original appointment is not included in the computation
of retention standing. However, nonpermanent service immediately preceded
and followed by permanent classified service does not interrupt continuous
service and is included in the computation of retention standing.
(e)
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.
(2)
In the case of disabled veterans, the date of original appointment
shall be 60 months earlier than the actual date; while the date of
original appointment of nondisabled veterans shall be 30§ months
earlier than the actual date. For the purpose of this Rule, the definition
of "veteran" or "disabled veteran" is that contained in § 85
of the Civil Service Law. Spouses of veterans with a 100% service-connected
disability may be entitled to additional retention standing pursuant
to § 85 of the Civil Service Law.
(3)
When two or more employees were originally appointed on a permanent
basis on the same date from the same eligible list, their retention
rights are determined by their grade on that eligible list; the person
having the higher grade has the greater retention right. If their
scores were the same, preference for retention is at the discretion
of the appointing authority.
(4)
Blind employees are granted absolute preference in retention.
Persons are considered blind if they are certified by the Commission
for Visually Handicapped of the New York State Social Services Department.[1]
[1]
Editor's Note: Now the Commission for the Blind in the Office
of Children and Family Services.
C.
Layoff.
(1)
When an occupied position in the competitive class is abolished,
layoff is to be made from among those employees holding the affected
title in the same layoff unit as the abolished position.
(2)
The order of layoff is as follows:
|
Appointment Type
|
Layoff Order
| |
|---|---|---|
|
Temporary and provisional
|
First to be laid off
| |
|
Contingent permanent probationary
|
Second to be laid off
| |
|
Contingent permanent
|
Third to be laid off
| |
|
Permanent probationary
|
Fourth to be laid off
| |
|
Permanent
|
Last to be laid off
|
(3)
When comparing retention rights of employees, the comparison
is to be made only from among those with the same employment status
(i.e., permanent with permanent, probationary with probationary, etc.).
The addition of blind or veterans' preference does not allow
an employee to be compared with another employee in a different employment
status.
(4)
Temporary and provisional employees have no retention standing.
Therefore, the order of their layoff is at the discretion of the appointing
authority.
D.
Vertical bumping.
(1)
When the abolition of a position causes the layoff of a permanent
competitive class employee, such employee may then bump (displace)
an employee having less retention standing in a lower-level occupied
title in the direct line of promotion in the same layoff unit. An
employee shall not be required to have held service in the title to
which bump is sought. For purposes of this section, a position is
considered occupied if it is filled by a temporary, provisional, contingent
permanent, probationary or permanent employee, or it is an encumbered
vacant position being held for another permanent employee in accordance
with Rule 16.
(2)
Opportunity to bump begins with the next lower occupied title
in the direct line of promotion. In the event that the employee cannot
bump an employee in the next lower-level occupied title in the direct
line of promotion due to insufficient retention standing, the opportunity
for bumping proceeds down to successively lower-level occupied titles
within the direct line of promotion until an employee with less retention
standing is identified. In the event that there is more than one employee
with less retention standing in the lower occupied title, the one
with the least retention standing shall be displaced. In no case may
any employee bump another employee with greater retention standing,
and it shall always be the employee with the least retention standing
in a title who is bumped.
(3)
When the layoff involves more than one position in a title, the laid-off employee with the greatest retention standing is the first to bump and displaces the employee with the least retention standing within the direct line of promotion in accordance with the provisions of Subsection D(1) and (2) of this Rule.
(4)
An employee who refuses to bump waives all further rights to
bump or retreat.
(5)
The layoff of a temporary, provisional, contingent permanent
or probationary employee by virtue of position abolition or displacement
does not constitute a basis to bump pursuant to § 80 of
the Civil Service Law or these Rules.
E.
Retreat.
(1)
A displaced permanent competitive class incumbent who cannot
bump a lower-level incumbent in the direct line of promotion in accordance
with the provisions of these Rules may be eligible to retreat.
(2)
An employee may retreat to the title last held, on a permanent
post-probationary permanent or contingent permanent basis, prior to
service in the title from which laid off or displaced, provided all
of the following conditions are met:
(a)
The position to which retreat is sought is occupied; and
(b)
The retreating employee has greater retention standing than
the employee to be displaced; and
(c)
The position to which retreat is sought is in the competitive
class and exists in the same layoff unit; and
(d)
The salary grade of the position sought is lower than the current
salary grade; and
(e)
Service in the title to which retreat is sought was in the same
municipality; and
(f)
Service of the displacing incumbent while in the former title
was satisfactory.
(3)
An employee may retreat to the title last held on a post-probationary
permanent or contingent permanent basis in the jurisdiction even if
there was intervening service in a different municipality, provided:
(4)
Where the Department of Civil Service has effected a title change
to better describe the duties of a position, but the duties have not
substantially changed since the displaced employee last served in
that title, for retreat purposes the new title will be deemed to be
comparable to the former title.
(5)
An employee who refuses to displace a less senior incumbent
must be laid off.
(6)
The layoff of a temporary, provisional, contingent permanent
or probationary employee by virtue of position abolition or displacement
does not constitute a basis for that laid-off employee to retreat
under § 80 of the Civil Service Law or these Rules.
F.
Appointments pursuant to § 55-a of the Civil Service Law.
If a collective bargaining agreement extends lay-off protection to
those serving in noncompetitive titles, employees appointed in conformance
with § 55-a of the New York State Civil Service Law are
merged with competitive class employees and lay-off vulnerability
is determined by retention date.
A.
Establishment of preferred list.
(1)
Eligibility for inclusion on a preferred list is limited to
employees serving on a permanent, probationary or contingent permanent
basis in a competitive class position and who were laid off or displaced
as a result of abolition.
(2)
Preferred lists will be established only for the municipality
in which the layoff occurs and must be certified to fill a vacancy
before any other eligible list.
(3)
The names of the employees who are laid off appear on the preferred
list in rank order from most senior to least senior according to their
retention standing.
B.
Certification of preferred list. Preferred lists are certified for
vacancies in the same title and any other title deemed appropriate
by the Civil Service Department. Preferred lists are certified in
the following order:
C.
Additions, removals, restorations.
(1)
During the existence of a preferred list, the names of employees
who are laid off or displaced as a result of position abolition subsequent
to the establishment of a preferred list shall be added to that list
in rank order as determined by the employee's retention standing.
(2)
Except as provided under these Rules, an employee's failure
to accept reinstatement from a preferred list to the former title
after seven business days' written notice results in the employee's
removal from the preferred list. Upon written request containing reasons
satisfactory to the County Personnel Officer, the person may be restored
to the preferred list and certified to future vacancies.
(3)
Acceptance or rejection of any title other than the title from
which the employee was laid off or displaced does not remove that
individual's name from the preferred list.
(4)
The restoration of a person to a preferred list shall not invalidate
any appointment made during the period that person's name was
not on that list.
(5)
If an individual on a preferred list declines appointment at
a lower salary, that person's name will remain on that eligible
list.
A.
Pursuant to § 100 of the Civil Service Law, the Civil Service
Department requires each jurisdiction to file a payroll report listing
all employees. Payroll reports must be filed annually or at any other
time interval deemed appropriate by the Civil Service Department.
Payroll reports shall contain each employee's name, title, salary,
and other information as the Civil Service Department may deem appropriate.
B.
The Civil Service Department will review each payroll report for
compliance with State Civil Service Law and these Rules and shall
deny certification for all violations. Certification may be withheld
from an entire payroll or from any item or items therein.
C.
Each appointing authority must report all personnel changes as they
occur.
D.
When a personnel transaction is submitted for approval for which
further information is required, the Civil Service Department may
specify a time frame during which the transaction may be temporarily
certified pending the submission of required information.
E.
The County Personnel Officer may report any evidence of willful evasion
of this Rule to the appropriate law officer for action.
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.
