N.Y.C. Admin. Code § L.L. 2004/050: L.L. 2004/050

Enactment date: 11/9/2004

Int. No. 418-A

By Council Members Addabbo, Jr., Clarke, Comrie, Gennaro, Jennings, Katz, Monserrate, Nelson, Perkins, Sanders, Seabrook, Lopez, Jackson, Gonzalez and Weprin

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of citywide administrative services to create and submit a written report regarding eligible lists.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Article five, section six of the New York state constitution mandates that appointments and promotions in the civil service be made according to merit and fitness to be ascertained as far as practicable, by examination, which, as far as practicable, shall be competitive. In the city of New York, the department of citywide administrative services is responsible for administering such examinations and creating eligible lists, pursuant to article four of the New York state civil service law, which consist of candidates who passed a civil service examination. In addition, after the administration of a promotional examination, the department of citywide administrative services establishes lists known as promotion lists, which are agency-specific and a type of eligible list. Eligible lists are available to each city agency with open positions in corresponding titles and are usually active for four years, pursuant to section fifty-six of the civil service law.

Appointments or promotions from an eligible list to a position in the competitive class are made by the selection of one of the three persons certified as standing highest on such list, a procedure commonly known as the one-in-three rule, which is carried out pursuant to subdivision one of section sixty-one of the civil service law. When an eligible list contains fewer than three names, a provisional appointment in the competitive class may be made by an agency, pending the establishment of a new eligible list.

The Council finds that a number of candidates for employment by the city who are on an eligible list are considered and not selected by agencies. After a candidate is considered but not selected three times by an agency, that candidate is not certified to that agency again, although such candidate retains the right to request of that agency that his or her name be certified to that agency again. Furthermore, the Council finds that some agencies hire provisional employees who have never taken or passed a civil service examination.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately upon its enactment into law.