N.Y. Civil Service Law § 65: Provisional appointments

§ 65. Provisional appointments. 1. Provisional appointments

authorized. Whenever there is no appropriate eligible list available

for filling a vacancy in the competitive class, the appointing officer

may nominate a person to the state civil service department or municipal

commission for non-competitive examination, and if such nominee shall be

certified by such department or municipal commission as qualified after

such non-competitive examination, he may be appointed provisionally to

fill such vacancy until a selection and appointment can be made after

competitive examination. Such non-competitive examination may consist of

a review and evaluation of the training, experience and other

qualifications of the nominee, without written, oral or other

performance tests.

2. Time limitation on provisional appointments. No provisional

appointment shall continue for a period in excess of nine months. The

civil service department shall for competitive positions within its

jurisdiction, and a municipal civil service commission shall for

competitive positions within its jurisdiction, order a civil service

examination for any position held by provisional appointment for a

period of one month and such department or commission shall conduct a

civil service examination, or see that such an examination is conducted,

as soon as practicable thereafter, in order to prevent the provisional

appointment from continuing for a period in excess of nine months.

3. Termination of provisional appointments. A provisional appointment

to any position shall be terminated within two months following the

establishment of an appropriate eligible list for filling vacancies in

such positions; provided, however, that where there are a large number

of provisional appointees in any department or agency in the service of

the state or any civil division thereof to be replaced by permanent

appointees from a newly established eligible list, and the appointing

officer or body deems that the termination of the employment of all such

provisional appointees within two months following establishment of such

list would disrupt or impair essential public services, evidence thereof

may be presented to the civil service department or municipal commission

having jurisdiction which, after due inquiry, and upon finding that it

is in the best interest of the public service, may waive the provisions

of this subdivision requiring the termination of the employment of

provisional appointees within two months following the establishment of

an appropriate eligible list and authorize the termination of the

employment of various numbers of such provisional appointees at stated

intervals prescribed by such commission; provided, however, that in no

case shall the employment of any such provisional appointee be continued

longer than four months following the establishment of such eligible

list.

4. Successive provisional appointments. Successive provisional

appointments shall not be made to the same position after the expiration

of the authorized period of the original provisional appointment to such

position; provided, however, that where an examination for a position or

group of positions fails to produce a list adequate to fill all

positions then held on a provisional basis, or where such list is

exhausted immediately following its establishment, a new provisional

appointment may be made to any such position remaining unfilled by

permanent appointment, and such new provisional appointment may, in the

discretion of the appointing authority, be given to a current or former

provisional appointee in such position, except that a current or former

provisional appointee who becomes eligible for permanent appointment to

any such position shall, if he is then to be continued in or appointed

to any such position be afforded permanent appointment to such position.