Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. In connection with the
suspension, demotion and displacement of competitive class employees authorized
by section
80 of the
Civil Service Law, the following terms shall mean:
(1) Vertical bumping shall mean displacement
by a permanent incumbent of another incumbent serving in a position in a title
in direct line of promotion as provided in subdivision 6 of section
80 of the
Civil Service Law.
(2) Retreat
shall mean displacement by a permanent incumbent of another incumbent serving
in a position in the title not in direct line of promotion in which the
displacing incumbent served at a prior time as provided in subdivision 6 of
section
80 of the
Civil Service Law.
(3) Next lower
occupied title shall mean the title in direct line of promotion immediately
below the title from which the incumbent is suspended or demoted, unless no one
serves in that title in that layoff unit, in which case it shall be the closest
lower title in direct line of promotion in that layoff unit in which one or
more persons do serve.
(4)
Satisfactory service shall mean service by an employee during the final rating
period of which he did not receive an "unsatisfactory" performance rating, and
was not found guilty of misconduct or incompetency pursuant to either section
75 of the
Civil Service Law or a disciplinary procedure provided by labor contract which,
in either case, resulted in the imposition of any of the following penalties
upon such employee:
(i) dismissal from the
service;
(ii) suspension without
pay for a period exceeding one month; or
(iii) demotion in grade and title.
(b) Advance decisions.
An appointing authority may take such steps as it may deem necessary in order
to secure binding written commitments in advance of suspension, demotion or
displacement from employees potentially affected by such suspension, demotion
or displacement as to their willingness to accept reassignment or
displacement.
(c) Order of
displacement. When two or more permanent incumbents of positions in a specific
title are suspended, demoted or displaced at the same time, the order in which
they shall be entitled to displace shall be determined by their respective
retention standing, with those having the greater retention standing entitled
to displace first. This principle shall apply to both vertical bumping and
retreat.
(d) Displacement by
probationers.
(1) Probationer having a right
to a permanent position. An employee who is serving in a probationary term and
who has a position formerly held by him on a permanent basis being held open
for him has no displacement rights from the position in which he is serving the
probationary term pursuant to section
80 of the
Civil Service Law and is afforded none by these rules.
(2) Probationer without a right to a
permanent position. An employee who is serving a probationary term and who has
no position formerly held by him on a permanent basis being held open for him
shall nevertheless have the possibility of displacing upon being suspended or
displaced from the position wherein he is serving a probationary term;
provided, however:
(i) he has previously
completed at least five years of continuous service which shall also have been
satisfactory service; and
(ii) he
shall not be allowed to displace ahead of any permanent incumbents. The order
of displacement among such probationers shall be determined by their respective
retention standing, with those having the greater retention standing entitled
to displace first.
(e) Refusal or failure to accept appointment
to a position afforded by displacement. The refusal or failure of a person to
accept appointment to a lower grade position to which he is entitled through
displacement shall not affect his right to be placed on a preferred list for
the position from which he was suspended, demoted or displaced.
(f) Retreat where title of position has been
changed. A permanent incumbent who has been suspended or displaced shall be
allowed to retreat to a position in which he last served even though the title
of such position has been changed; provided, however, that there has been no
substantial change in duties.
(g)
Preferred list standing for competitive class employees on and after October 1,
1972 shall be as follows:
(1) On and after
October 1, 1972, those employees whose positions were abolished prior to that
date, and who therefore had their standing on the preferred list determined by
the date of their original appointment on a permanent basis in the competitive
class, shall retain among themselves such preferred list standing including the
preferences to which they were entitled as blind, disabled veterans and
nondisabled veterans.
(2) Blind
employees whose positions are abolished on or after October 1, 1972 shall have
their preferred list standing determined by the date of their original
appointment on a permanent basis in the classified service, whether or not they
are also disabled veterans or nondisabled veterans; provided, however, that the
blind shall be granted absolute preference on the preferred list over all other
employees except those disabled veterans and blind employees whose positions
were abolished prior to October 1, 1972, with those names theirs shall be
interfiled.
(3) Disabled veterans
whose positions are abolished on or after October 1, 1972 shall have their
preferred list standing determined by the date of their original appointment on
a permanent basis in the classified service; provided, however, that the date
of such original appointment shall be deemed to be 60 months earlier than the
actual date, determined in accordance with section
30 of
the General Construction Law.
(4)
Nondisabled veterans whose positions are abolished on or after October 1, 1972
shall have their preferred list standing determined by the date of their
original appointment on a permanent basis in the classified service; provided,
however, that the date of such original appointment shall be deemed to be 30
months earlier than the actual date, determined in accordance with section
30 of
the General Construction Law.
(5)
Nonveterans whose positions are abolished on or after October 1, 1972 shall
have their preferred list standing determined by the date of their original
appointment on a permanent basis in the classified service.
(6) The names of all persons encompassed by
paragraphs (3), (4) and (5) of this subdivision whose positions are abolished
on or after October 1, 1972 shall be interfiled on the preferred list with the
names of all nonveterans whose positions were abolished prior to October 1,
1972.
(h) Adjunctive
opportunities. (Pursuant to the authority to provide adjunctive opportunities
for displacement granted by subdivision 6 of section
80 of the
Civil Service Law.) If a permanent incumbent of a position in the State service
is suspended or displaced from a position in a title for which there are no
lower level occupied positions in direct line of promotion, he shall displace
the incumbent with the least retention right, pursuant to subdivisions 1 and 2
of section
80 of the
Civil Service Law, who is serving in a position in the title with a lower
salary grade in which the displacing incumbent last served on a permanent basis
prior to service in one or more positions in the title from which he is
suspended or displaced, if:
(1) the service
of the displacing incumbent while in such former title was satisfactory;
and
(2) the position of the junior
incumbent is in:
(i) the competitive,
noncompetitive or labor class;
(ii)
the layoff unit from which the displacing incumbent was suspended or displaced;
and
(iii) a lower salary grade than
the position from which the displacing incumbent is suspended or displaced;
provided, however, that no incumbent shall displace any other incumbent having
greater retention standing.
