N.Y. Civil Service Law § 52: Promotion examinations

§ 52. Promotion examinations. 1. Filling vacancies by promotion.

Except as provided in section fifty-one, vacancies in positions in the

competitive class shall be filled, as far as practicable, by promotion

from among persons holding competitive class positions in a lower grade

in the department in which the vacancy exists, provided that such lower

grade positions are in direct line of promotion, as determined by the

state civil service department or municipal commission; except that

where the state civil service department or a municipal commission

determines that it is impracticable or against the public interest to

limit eligibility for promotion to persons holding lower grade positions

in direct line of promotion, such department or commission may extend

eligibility for promotion to persons holding competitive class positions

in lower grades which the department or commission determines to be in

related or collateral lines of promotion, or in any comparable positions

in any other unit or units of governmental service and may prescribe

minimum training and experience qualifications for eligibility for such

promotion.

2. Factors in promotion. Promotion shall be based on merit and fitness

as determined by examination, due weight being given to seniority. The

previous training and experience of the candidates, and performance

ratings where available, may be considered and given due weight as

factors in determining the relative merit and fitness of candidates for

promotion.

3. Promotion eligibility of persons on preferred lists and employees

on leave of absence. Any employee who has been suspended from his

position through no fault of his own and whose name is on a preferred

list, and any employee on leave of absence from his position, shall be

allowed to compete in a promotion examination for which he would

otherwise be eligible on the basis of his actual service before

suspension or leave of absence.

4. Departmental and interdepartmental promotion lists. The state civil

service department and municipal commissions may establish

interdepartmental promotion lists which shall not be certified to a

department until after the promotion eligible list for that department

has been exhausted.

5. Promotion units. In the state service, or in the service of a city

containing more than one county, promotion examinations may be held for

such subdivisions of a department as the state civil service department

or the municipal commission of such city, as the case may be, may

determine to be an appropriate promotion unit, but departmental and

interdepartmental promotion eligible lists shall not be certified to a

department until after the promotion unit eligible lists for that

department have been exhausted.

6. Promotion and transfer to administrative positions in the state

service. (a) For the purpose of this subdivision, the term

"administrative positions" shall include competitive class positions in

the state service in law, personnel, budgeting, methods and procedures,

management, records analysis, and administrative research, as determined

by the state civil service department.

(b) Except as provided in section fifty-one, vacancies in

administrative positions shall be filled, so far as practicable, by

promotion as prescribed in subdivision one of this section, which may be

made from among persons holding administrative positions in lower grades

without regard to the specialties of their lower grade positions. The

civil service department, upon the request of an appointing officer

stating the reasons why the filling of administrative positions in grade

fourteen or higher under his jurisdiction from an interdepartmental

promotion list or a promotion list including persons employed in other

units of government would be in the best interests of the state service,

or upon its own initiative whenever it finds that the filling of

administrative positions in grade fourteen or higher in any department

from such an interdepartmental or intergovernmental promotion list would

be in the best interests of the state service, may certify such an

interdepartmental or intergovernmental promotion list for filling such

positions, without preference to departmental lists or to eligibles

holding lower grade positions in the department or promotion unit in

which such positions exist.

(c) Transfers shall be allowed between administrative positions in the

same or related or collateral specialties which involve substantially

equivalent tests or qualifications, subject to such conditions and

limitations as the state civil service department may prescribe.

(d) The provisions of this subdivision shall be applicable and

controlling, notwithstanding any other provisions of this section or

chapter or any other law.

7. Promotion by non-competitive examination. Whenever there are no

more than three persons eligible for examination for promotion to a

vacant competitive class position, or whenever no more than three

persons file application for examination for promotion to such position,

the appointing officer may nominate one of such persons and such

nominee, upon passing an examination appropriate to the duties and

responsibilities of the position may be promoted, but no examination

shall be required for such promotion where such nominee has already

qualified in an examination appropriate to the duties and

responsibilities of the position.

8. Limitation upon promotion. No promotion shall be made from one

position or title to another position or title unless specifically

authorized by the state civil service department or municipal

commission, nor shall a person be promoted to a position or title for

which there is required, by this chapter or the rules, an examination

involving essential tests or qualifications different from or higher

than those required for the position or title held by such person unless

he has passed the examination and is eligible for appointment to such

higher position or title.

9. Increase in salary as a promotion. For the purposes of this section

an increase in the salary or other compensation of any person holding an

office or position within the scope of the rules in force hereunder,

beyond the limit fixed for the grade in which such office or position is

classified, shall be deemed a promotion.

10. Credit for provisional service. a. No credit in a promotion

examination shall be granted to any person for any time served as a

provisional appointee in the position to which promotion is sought or in

any similar position, provided, however, such provisional appointee by

reason of such provisional appointment shall receive credit in such

person's permanent position from which promotion is sought for such time

served in such provisional appointment.

b. A person appointed provisionally in accordance with section

sixty-five of this article who receives a permanent appointment to the

same title immediately following the provisional appointment shall have

all time spent as a provisional appointee in such title credited towards

the qualifications required to take a promotional examination as well as

eligibility for appointment from the resulting eligible list. Such time

credited pursuant to this subdivision shall be used only for the

purposes of any term that is required for a promotional examination and

eligibility for appointment from the resulting eligible list and shall

not be used for any other purpose.

11. Notwithstanding any other provision of law, the state department

of civil service may, for titles designated by it, extend to employees

in the state service who are holding or who have held a position in the

non-competitive or labor class of such service the same opportunity as

employees in the competitive class to take promotion examinations if

such examinations are to be held in conjunction with open competitive

examinations.

12. Notwithstanding any other provisions of law, a municipal

commission may, for entrance level titles as defined and designated by

it, extend to employees in the service of a civil division who are

holding or who have held a position in the non-competitive class of such

service for a period of two years the same opportunity as employees in

the competitive class to take promotion examinations for which such

non-competitive class service is determined by the municipal commission

to be appropriate preparation if such examinations are to be held in

conjunction with open competitive examinations.

13. a. Notwithstanding any other provision of law, the state civil

service commission may, for titles designated by it, extend to disabled

veterans of the Vietnam era, the same opportunities to take promotion

examinations as provided to employees in the competitive class.

b. For purposes of this subdivision, "disabled veterans of the Vietnam

era" shall mean veterans who served during the Vietnam conflict as

defined in subparagraph four of paragraph (c) of subdivision one of

section eighty-five of this chapter and who provide documented evidence

that they meet the definition of disabled veteran prescribed by

subdivision one of such section.

14. Notwithstanding any other provision of law, in a city containing

more than one county, the municipal civil service commission may, for

titles designated by it, extend to employees in the service of a civil

division or public authority under its jurisdiction who are holding a

position in the non-competitive class or the labor class of such service

the same opportunities as employees in the competitive class to take

promotional examinations for which such non-competitive class or labor

class service is determined by the municipal civil service commission to

be appropriate preparation.

15. Promotion eligibility of person transferred to the office of

information technology services. Notwithstanding any other provision of

this chapter, the names of permanent employees transferred from a state

agency or department to the office of information technology services

shall remain on any promotion eligible list for appointment in the

agency or department from which such employees were transferred, for a

period of one year or until the expiration of such list, whichever

occurs first. Further, where the promotion eligible list on which such

employees' names appear is established in the office of information

technology services, the names of employees so transferred shall be

added to such promotion eligible list.