N.Y. Civil Service Law § 78: Transfer of personnel upon the abolition of positions in state civil service

§ 78. Transfer of personnel upon the abolition of positions in state

civil service. 1. Where necessitated by reasons of economy, efficiency,

consolidation or abolition of functions, curtailment of activities or

otherwise, employees may be transferred, without further examination,

from one agency or department of the state, or from the Roswell Park

Cancer Institute as defined in subparagraph (i) of paragraph d of

section one of chapter forty-one of the laws of nineteen hundred

ninety-seven, as amended, to positions in the same title or any

comparable title, as determined by the department, in another department

or agency of the state. Where more than one employee in the title and

location from which transfer is to be made is eligible and willing to

accept transfer, the department shall place the names of those employees

upon a transfer list, and certify such list for filling vacancies, as

hereinafter provided, first, in the same position; second, in any

position in a lower grade in line of promotion; and third, in any

comparable position. Such transfer list may be certified for filling a

vacancy in any such position before certification is made from any other

eligible list, placement roster, reemployment or preferred list, except

as provided in subdivision four of this section.

2. Order of certification of names from transfer list. a. The names of

persons on a transfer list established to fill vacancies in the same

position or a position in a lower grade in line of promotion shall be

certified therefrom in the order of their original appointments, in

accordance with the provisions of subdivision three of section eighty,

subdivision three of section eighty-a and subdivision seven of section

eighty-five of this chapter.

b. The names of persons on a transfer list established to fill

vacancies in a comparable position shall be certified therefrom with

equal ranking for appointment.

3. Probation. a. Upon appointment to a position in the same title, a

probationer shall be required to complete his or her probationary term.

b. Completion of a probationary term, to the extent provided for in

the rules promulgated by the commission pursuant to subdivision two of

section sixty-three of this chapter, shall be required for all

appointments to a position in a comparable title.

4. Relative seniority. Where a preferred list exists containing the

names of persons who have been suspended or demoted from a position in

the same title to which an appointment is to be made, the relative

seniority, determined in accordance with the provisions of subdivision

three of section eighty, subdivision three of section eighty-a and

subdivision seven of section eighty-five of this chapter, of the person

certified first on such preferred list willing to accept appointment and

the person certified first on the transfer list willing to accept

appointment shall be compared and the person with the greater seniority

shall be certified first.

5. Termination of eligibility. Eligibility for appointment from a

transfer list shall terminate on the date of the suspension, demotion or

relocation. Notwithstanding any other provision of this chapter, any

employee may voluntarily remove his or her name from a transfer list by

application to the department.

6. Rulemaking authority. The president shall adopt rules for carrying

into effect the provisions of this section, including rules for the

relinquishment of eligibility.

7. The department shall continue to establish lists under the

provisions of this section.