Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. In connection with the
suspension, demotion and displacement of noncompetitive class employees
authorized by section
80-a of the
Civil Service Law, the following terms shall mean:
(1) Retreat shall mean displacement by a
permanent incumbent of another incumbent serving in a position in the title in
which the displacing incumbent served at a prior time as provided in
subdivision 4 of section
80-a of the
Civil Service Law.
(2) 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.
(d) Displacement
by probationers.
(1) Probationer having a
right to a permanent position. An employee who is serving 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-a 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 noncompetitive class employees shall be as follows:
(1) Blind employees whose positions are
abolished 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.
(2) Disabled veterans whose positions are
abolished 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.
(3)
Nondisabled veterans whose positions are abolished 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.
(4)
Nonveterans whose positions are abolished shall have their preferred list
standing determined by the date of their original appointment on a permanent
basis in the classified service.
(h) Adjunctive opportunities. (Pursuant to
the authority to provide adjunctive opportunities for displacement granted by
subdivision 4 of section
80-a of the
Civil Service Law.) A permanent incumbent having tenure protection, pursuant to
paragraph (c) of subdivision 1 of section
75 of the
Civil Service Law, who served in a position in State service and who was
suspended or displaced from such position, pursuant to section
80-a of the
Civil Service Law, shall displace the incumbent with the least retention right,
pursuant to subdivisions 1 and 2 of such section, 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.
(i) Jurisdictional reclassification from
competitive to noncompetitive class.
(1) An
employee who held a competitive class position by permanent appointment, which
position has been reclassified from the competitive to the noncompetitive
class, shall be accorded in such position the same protection as is afforded by
section
80-a of the
Civil Service Law and by this rule.
(2) In addition, a former competitive class
employee, who subsequent to the reclassification of his or her position to the
noncompetitive class is suspended or displaced from such position pursuant to
section
80-a of the
Civil Service Law, shall be entitled to exercise the same displacement rights
he or she would have been entitled to exercise had such position remained in
the competitive class.
