Current through Register Vol. 46, No. 39, September 25, 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.
(b) Prohibition
against out-of-title work. No person shall be appointed, promoted or employed
under any title not appropriate to the duties to be performed and, except upon
assignment by proper authority during the continuance of a temporary emergency
situation, no person shall be assigned to perform the duties of any position
unless he or she has been duly appointed, promoted, transferred, reassigned or
reinstated to such position in accordance with the provisions of this Part. No
credit shall be granted in a promotion examination for out-of-title
work.
(c) Trainee
appointments. The Chief Administrator may require that permanent appointments
or promotions to designated positions shall be conditioned upon the
satisfactory completion of a term of service as a trainee in such a position or
in an appropriate, lower, training title or the completion of specified
training or academic courses, or both. Upon the satisfactory completion of such
training term, and of specified courses if required, an appointee shall be
entitled to full permanent status in the position for which appointment was
made. Any appointment hereunder shall be subject to such probationary period as
is prescribed in this Part. The employment of such person may be discontinued
at the end of the term of training service if his or her conduct, capacity or
fitness is not satisfactory, or at any time if he or she fails to pursue or
continue satisfactorily such training or academic courses as may be
required.
(d)
Seasonal positions.
(1)
Positions in the competitive class where the nature of service is such that it
is not continuous throughout the year, but recurs in each successive year,
except as herein otherwise provided, shall be designated as seasonal positions
and shall be subject to the provisions of this Part applicable generally to
positions in such class. Upon the expiration of the employment season, the
names of all persons employed in such seasonal positions shall be entered upon
a seasonal reemployment list in the order of their first appointment to the
title vacated by them at the expiration of such employment season. Such
seasonal reemployment list shall be certified at the commencement of or during
the next employment season, and the persons whose names appear thereon as still
qualified shall be entitled to reemployment in such positions in the order in
which their names appear on such list. Any person may be reexamined with
respect to physical fitness for the performance of the duties of the position,
and may be disqualified for reemployment in the same manner and for any of the
reasons applicable to the disqualification of an eligible on an eligible list
resulting from open competitive examination.
(2) The name of any person on such list
who is not reached for reemployment shall remain on such list and shall be
certified, in the order of the date of his or her first appointment to such
position, during subsequent employment seasons; provided, however, that the
eligibility for reemployment of any such person shall not continue for a period
longer than three years from the date of his or her separation from such
seasonal employment. A seasonal reemployment list shall not be deemed to be a
preferred list.
(3)
Where a vacancy occurs in a full-time position having a title and duties
similar to those of a seasonal position and for which no appropriate open
competitive eligible list is available, it may be filled by selection from
among seasonal employees. For that purpose, the Chief Administrator of the
Courts may certify, to fill such vacancy, the names of persons holding
comparable seasonal positions in the order of their dates of original
appointment in such positions or, if the vacancy occurs at a time other than
during the employment season, the appropriate seasonal reemployment list. In
such case, appointment shall be made by the selection of a person whose date of
original appointment to the seasonal position is the same as or earlier than
the date of original appointment of the third highest standing person certified
who indicates willingness to accept such appointment.
