N.Y. Civil Service Law § 81-b: Placement rosters in the state service; certification and appointment therefrom

§ 81-b. Placement rosters in the state service; certification and

appointment therefrom. 1. Establishment of placement 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, no later than the date on which they furnish the

state civil service department with the employee information required

pursuant to section eighty-one-a of this article for purposes of

establishing reemployment rosters, furnish the state civil service

department with a statement showing such employee's name, title or

position, date of appointment, and the anticipated date of and reason

for suspension or demotion. Upon receiving such information, it shall be

the duty of the department forthwith to place the name of such employee

upon a placement roster for filling vacancies in the same title or in

any comparable position as determined by the department, except that

employees suspended or demoted from positions in the noncompetitive and

labor classes may not be certified to fill vacancies in the competitive

class. Such placement 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

or a reemployment roster. Eligibility for appointment of an employee

whose name appears on any such placement roster shall terminate at such

time as the employee is suspended or demoted in accordance with the

provisions of section eighty of this article. Upon such employee's

suspension or demotion, the department shall place the name of such

employee upon a preferred list, and a reemployment roster as

appropriate, in accordance with the provisions of sections eighty-one

and eighty-one-a of this article.

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

of employees on a placement roster shall be certified therefrom with

equal ranking for appointment.

3. Probationary term. All appointments from a placement 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 appointment or failure or refusal to accept appointment.

The commission shall adopt rules providing for the relinquishment of

eligibility for appointment upon appointment or upon failure or refusal

to accept appointment from a placement roster.

5. Notwithstanding any other provision of this chapter, any employee

may voluntarily remove his or her name from a placement roster by

application to the department.