Current through Register Vol. 46, No. 39, September 25, 2024
(a) General
conditions and limitations. In addition to the conditions and limitations pre
scribed by statute or in other provisions of these rules, transfers shall be
subject to the following requirements:
(1) A
transfer may not be made to a position for which a preferred list exists
containing the name of an eligible willing to accept reinstatement to such
position, unless the vacancy created by such transfer is in the same
geographical area as the position to which transfer is made and such eligible
is simultaneously offered reinstatement to such vacancy.
(2) A transfer may be made only if the
position to which transfer is sought is at the same or substantially the same
or a lower salary level than the position from which transfer is
sought.
(3) Every transfer shall
require the consent, in writing, of the transferee and of the appointing
authority having jurisdiction over the position to which transfer is sought,
and the approval of the Civil Service Department.
(b) Transfers between geographical areas.
Except for reassignment under a reassignment list program approved by the
Department of Civil Service, and except for transfer or reassignment pursuant
to section 5.8 of this Part, a person
appointed to a position in the State service in any particular geographical
area may not, for at least one year, be transferred or reassigned to a similar
position in another geographical area unless he is reachable for appointment to
such other position from the eligible list from which appointed.
(d) Transfers between State and local
positions.
(1) A transfer may be made from a
position in the State service to a position in the service of a civil division,
provided the prospective transferee meets the residence requirements, if any,
applicable to the position to which transfer is sought.
(2) A transfer may be made from a position in
the service of a civil division to a position in the service of the State,
provided the prospective transferee was, at or subsequent to the time or
original appointment in the service of the civil division, eligible for
certification and appointment to the position in the State service to which
transfer is sought.
(3) A transfer
pursuant to this subdivision shall require the approval of the State Civil
Service Department and the municipal civil service commission having
jurisdiction over the local position to or from which transfer is
made.
(e) Transfers
between positions in different civil divisions under the jurisdiction of the
Civil Service Department. A transfer may be allowed from a position in one
civil division to a position in another civil division under the jurisdiction
of the Civil Service Department, provided the prospective transferee meets
applicable residence requirements, if any, for the position to which transfer
is sought and provided such prospective transferee at any time would have been
eligible and reachable for appointment to the position to which transfer is
sought from an eligible list resulting from an examination having the same or
less restrictive residence requirements than those applicable, at the time of
transfer, to the position to which transfer is sought. A transfer may also be
allowed from a position in one such civil division to a position in another
such civil division whenever a competitive examination for the latter position
in which the prospective transferee was eligible to compete has failed to
produce sufficient eligibles to fill all vacancies in the position to which
transfer is sought.
(f) Transfers
pursuant to reciprocal rules.
(1) This section
shall apply to transfers between positions in a civil division under the
jurisdiction of the State Civil Service Department and positions under the
jurisdiction of a municipal commission which has adopted a reciprocal rule
permitting transfers of employees to and from other governmental jurisdictions,
and to transfers between positions under the jurisdiction of two respective
municipal commissions which have adopted such reciprocal rules.
(2) A transfer may be made pursuant to this
subdivision, provided that:
(i) the
prospective transferee holds a position to which he was appointed from an
eligible list resulting from an examination prepared and rated by the State
Civil Service Department;
(ii) such
examination is or would be appropriate for filling the position to which
transfer is sought;
(iii) such
person meets applicable residence requirements, if any, for the position to
which transfer is sought; and
(iv)
such person at any time would have been eligible and reachable for appointment
to the position to which transfer is sought from an eligible list resulting
from an examination having the same or less restrictive residence requirements
than those applicable, at the time of transfer, to the position to which
transfer is sought.
(3)
Any person holding a permanent appointment in a competitive class position in
the service of a civil division may be transferred to a similar position in
another civil division having qualifications and examination requirements
similar to or lower than the position then held by such person, as determined
by the State Civil Service Department, provided that a competitive examination
for the latter position in which such person was eligible to compete has failed
to produce sufficient eligibles to fill vacancies in the civil division to
which transfer is sought.
(4) Any
transfer pursuant to this reciprocal rule shall require the approval of the
Civil Service Department and the respective municipal commissions having
jurisdiction over the department and the respective municipal commissions
having jurisdiction over the positions from which and to which transfer is
sought.
(g) Transfers
between State, county, and city positions within the city of New York. Not
withstanding the provisions of subdivisions (d), (e) and (f) of this section,
employees in the service of New York City or of any county wholly included
within such city, or in the State service where the compensation of their
positions is paid directly from the treasury of such city, may be transferred
to similar and corresponding positions interchangeably. Any such transfer shall
require the approval of the State Civil Service Department and the department
of personnel of such city.
