N.Y. Civil Service Law § 81-a: Reemployment rosters in the state service; certification and reinstatement therefrom

§ 81-a. Reemployment rosters in the state service; certification and

reinstatement therefrom. 1. Establishment of reemployment rosters in

the state service; general provisions. The head of any department,

office or institution from which an employee in the state service is to

be suspended or demoted in accordance with the provisions of section

eighty of this article, shall, at least twenty days prior to such

suspension or demotion, furnish the state civil service department with

a statement showing such employee's name, title or position, date of

appointment, and the date of and reason for suspension or demotion. Upon

such employee's suspension or demotion, it shall be the duty of the

department to place the name of such employee upon a reemployment roster

for filling vacancies in any comparable position as determined by the

department, except that employees suspended or demoted from positions in

the non-competitive and labor classes may not be certified to fill

vacancies in the competitive class. Such reemployment roster shall be

certified for filling a vacancy in any such position before

certification is made from any other list, including a promotion

eligible list, but not prior to a preferred list. Eligibility for

reinstatement of a person whose name appears on any such reemployment

roster shall not continue for a period longer than four years from the

date of suspension or demotion provided, however, in no event shall

eligibility for reinstatement from a reemployment roster continue once

the person is no longer eligible for reinstatement from a preferred

list.

2. Order of certification of names from a reemployment roster. The

names of persons on a reemployment roster shall be certified therefrom

with equal ranking for reinstatement.

3. Probationary term. All reinstatements from a reemployment roster

shall require completion of a probationary term in accordance with rules

promulgated by the commission pursuant to subdivision two of section

sixty-three of this chapter.

4. Effect of reinstatement or failure or refusal to accept

reinstatement. The commission shall adopt rules providing for the

relinquishment of eligibility for reinstatement upon reinstatement or

upon failure or refusal to accept reinstatement from a preferred list or

a reemployment roster.

5. Notwithstanding any other provision of this chapter, the department

may disqualify for reinstatement and remove from a reemployment roster

the name of any otherwise eligible person who, by reason of physical or

mental incapacity, is found to be unable to satisfactorily perform the

duties of the position for which such roster has been established, or

who has engaged in such misconduct as would warrant their dismissal from

public employment, except that a person who is not completely physically

incapacitated and who is suspended or demoted pursuant to section eighty

of this article because their position has been abolished or reduced,

but who is certified for reinstatement to any position having the same

physical requirements as the position from which such person was

suspended or demoted, shall not be disqualified because of their

incapacity, unless upon medical examination their incapacity has

worsened to a degree that they would not be able to satisfactorily

perform in such position. No person shall be disqualified pursuant to

this subdivision unless they are first given a written statement of the

reasons therefor and an opportunity to be heard at a hearing at which

satisfactory proof of such reasons must be established by appropriate

evidence, and at which such person may present independent evidence and

be entitled to representation by counsel. The department shall designate

a person to hold such hearing and report thereon.

6. Notwithstanding any other provision of this chapter, any person may

voluntarily remove his or her name from a reemployment roster by

application to the department.