N.Y. Civil Service Law § 61: Appointment and promotion

§ 61. Appointment and promotion. 1. Appointment or promotion from

eligible lists. 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 appropriate civil service

commission as standing highest on such eligible list who are willing to

accept such appointment or promotion; provided, however, that the state

or a municipal commission may provide, by rule, 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.

2. 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 has

been duly appointed, promoted, transferred or reinstated to such

position in accordance with the provisions of this chapter and the rules

prescribed thereunder. No credit shall be granted in a promotion

examination for out-of-title work.

3. Notification to eligible candidates. Persons on an eligible list

who are certified pursuant to section sixty of this chapter and are

considered and not selected for appointment or promotion pursuant to

this section shall, whenever another candidate is appointed or promoted,

be given or sent written notice by the appointing authority of such

non-selection. In a city containing more than one county, persons on an

eligible list who are made ineligible for further certification pursuant

to a rule of the appropriate municipal commission shall be given or sent

written notice of such ineligibility. Sending written notice by ordinary

mail to the last address of record shall be adequate to comply with the

requirements of this subdivision.

* 4. Appointment and promotion letter. (a) An appointing authority who

extends an offer of appointment or promotion to a position in the

classified service to any person shall provide such person with an

appointment letter within fourteen days of the effective date of such

appointment. Such appointment letter shall include:

(i) the appointment type being offered, whether permanent,

provisional, temporary, temporary pending commission approval, or any

other appointment type authorized by law, rule, or regulation;

(ii) the position type and, if the position is not a permanent

position, the expected duration of the appointment, and, if the position

is not a full-time position, the expected percentage of time at work per

week;

(iii) the jurisdictional class of the position;

(iv) if a probationary period is required upon appointment, the

minimum and maximum duration of such period and information regarding an

appointee's tenure rights, if any, upon completion of the probationary

period;

(v) the starting salary or wages that the person would earn upon

appointment, provided that such salary or wages shall be specific to the

individual being offered appointment, and the full salary range of the

title;

(vi) if the individual to whom appointment is offered has prior graded

service at a higher salary grade than the position to which an offer of

appointment has been made, an explanation of how such individual's

salary shall be reduced upon appointment, if any;

(vii) the bargaining unit representing the title to which such person

is being appointed and, if applicable, the contact information or

website of the employee organization that represents the bargaining unit

of such position pursuant to article fourteen of this chapter;

(viii) if the offer of appointment is to a trainee title:

(1) the length of the traineeship;

(2) the title and salary grade of the performance level to which such

traineeship advances;

(3) all requirements that a trainee must meet to be advanced;

(4) the schedule of performance reviews for such traineeship; and

(5) information regarding performance advances during such

traineeship;

(ix) if the person offered appointment would have a hold item on

another position from which they were placed on leave at the time of

appointment, information regarding the date at which such hold would

expire and circumstances under which the appointee would be eligible to

return to the hold; and

(x) information regarding employee benefits and links to applicable

websites, including, but not limited to:

(1) health insurance, dental and other health related benefits

provided by the employer;

(2) retirement system membership and benefits;

(3) the New York state deferred compensation plan; and

(4) any other information required by law, rule, or regulation, and

any information that the appointing authority deems reasonable to

include.

(b) If an appointee who receives an appointment or promotion letter

believes any of the information contained therein to be incorrect, such

appointee shall be permitted to notify the appointing authority of such

error and, upon notification, the appointing authority shall review the

concern to determine if any information contained therein is incorrect.

If any information contained therein is deemed by the appointing

authority to be incorrect, the appointing authority shall reissue the

appointment or promotion letter to the appointee containing any

corrections necessary to ensure that all information contained therein

is correct within sixty days of notification by the appointee. If the

appointing authority finds no errors in the appointment or promotion

letter, the appointing authority shall inform the appointee that the

information is correct.

* NB Effective December 31, 2027 OR thirty days after the commissioner

of civil service certifies that the department's computer system is able

to accommodate the amendments to section 61 of the civil service law

made by chapter 657 of 2025, whichever occurs earlier