Such revised plan may contain any elements or means of implementation authorized by paragraph (b) of this subdivision. Read this complete New York Consolidated Laws, Civil Service Law - CVS § 65. For purposes of this subdivision, “substantial compliance” shall mean that the total number of competitive class positions of the DCAS employers filled by provisional appointments that have continued beyond the periods permitted by subdivisions one, two, three and four of this section shall not exceed five percent. New York Laws > Civil Service > Article 4 > Title B > § 64 N.Y. Civil Service Law 64 – Temporary Appointments . B. 4 CRR-NY 4.11. Any modification approved pursuant to this paragraph may extend the duration of a plan to a date no more than one year beyond the two-year period authorized by paragraph (c-3) of this subdivision. (ii) DCAS may administer a QIE only for those titles that are set forth in section four of chapter four hundred sixty-seven of the laws of two thousand sixteen, or in section five of the chapter of the laws of two thousand eighteen that amended this subparagraph. No provisional appointment shall continue for a period in excess of nine months. 1. (a) Definition. Expand sections by using the arrow icons. No provisional appointment shall continue for a period in excess of nine months. New York Consolidated Laws, Civil Service Law - CVS. (a) The commissioner of citywide administrative services may authorize a temporary appointment, without examination, when the person appointed will render professional, scientific, technical or other expert services:(1) on an occasional basis; or(2) on a full-time or regular part-time basis in a temporary position established to conduct a special study or project for a period not exceeding eighteen months. "The new additions to our team bring a wealth of expertise and … 5. APPOINTMENTS 1. Cancel. If the changes recommended by the state commission are not accepted by the DCAS employers within thirty days, the plan shall be deemed disapproved. Temporary appointments authorized; duration. Notwithstanding any inconsistent provision of this subdivision, this subdivision shall no longer be in force and effect if no revised plan has been approved by the state commission within eighteen months from the effective date of this paragraph. If the state commission concludes that the DCAS employers have failed to comply with their plan, the state commission shall provide them with notice through DCAS of such finding, including whether the failure is alleged to be persistent and material, and thirty days to respond. (vi) A person appointed from a list resulting from a QIE shall be credited with the time he or she served provisionally in that title toward the probationary period for that title up to a maximum of nine months. .] Search New York Codes. Such recommended plan may include, but shall not be limited to, a schedule for administration of examinations and establishment of eligible lists, a determination of additional appropriate existing or planned eligible lists that may be used, consolidation of titles through appropriate reclassification, and any other lawful and appropriate means of implementation. Short Title; Definitions; Article II. The provisions of subdivision two of this section shall be applicable to any provisional employee serving in a position for which an appropriate eligible list has been established pursuant to such plan or revised plans, unless such list is not adequate to fill all positions then held on a provisional basis or is exhausted immediately following its establishment. This probationary period is generally for a minimum of 8 and a maximum of 52 weeks - with certain exceptions such as an interdepartmental transfer which is for a probationary term of 26 weeks or a trainee appointment which has a maximum of 52 weeks. Most positions within City government are in the competitive class. Provided that the employee taking such examination shall meet the minimum educational and other specified requirements set forth in the notice of examination for the title in which he or she currently serves, as established by the DCAS employers, an employee with two years of provisional service may be appointed from the list resulting from such examination. NYS Civil Service Law Section 65 addresses time limitations, and states that a provisional appointee shall not serve more than nine months, and that after a month of service, or “as soon as practicable thereafter,” a civil service examination should be conducted “in order to prevent the provisional appointment from continuing in excess of nine months.” Within one hundred twenty days of submission of a plan by the DCAS employers, the state commission shall approve the plan, approve the plan with recommended changes, or disapprove the plan. Pending receipt of such supporting documentation or explanation, the time period for state commission approval or disapproval of such new plan or modification shall be tolled. If the state commission takes none of these actions within such period, it shall be deemed to have approved the plan. 1. (iii) DCAS shall not administer a QIE for any title for which (a) an examination has been administered but an eligible list has not been established, or (b) there exists an eligible list resulting from an open competitive examination that contains three or more individuals. Such revised plan may additionally contain any elements or means of implementation authorized by paragraph (b) of this subdivision. Such plan may include, but shall not be limited to, a schedule for administration of examinations and establishment of eligible lists, a determination of additional appropriate existing or planned eligible lists that may be used, consolidation of titles through appropriate reclassification, and any other lawful and appropriate means of implementation. § 61 Appointment and Promotion 1. All rights reserved. The state commission shall within ninety days thereafter either approve the new or modified plan, approve the plan with recommended changes or disapprove the new or modified plan. The state and municipal civil service commissions may, by rule, provide for the extension of some or all of the rights and benefits of permanent status to an employee who is appointed or promoted, after having qualified therefor in the same manner as required for permanent appointment or promotion, to a position left temporarily vacant by the leave of absence of the permanent incumbent thereof. At any time when the state commission is considering a plan, the state commission may request additional supporting documentation or explanation. The following is basic information that will help applicants to understand the hiring process and take the mystery out of getting a job with New York State. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a fire fighter unless he or she shall satisfy the basic requirements for education, health and physical fitness established by the state fire administrator pursuant to section one hundred fifty-eight … The state and municipal civil service commissions may, by rule, provide for the extension of some or all of the rights and benefits of permanent status to an employee who is appointed or promoted, after having qualified therefor in the same manner as required for permanent appointment or promotion, to a position left temporarily vacant by the leave of absence of the permanent incumbent thereof. Microsoft Edge. If you would like … Copyright © 2021, Thomson Reuters. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a police officer of the department of environmental conservation or of any police force or police department of any county, city, town, village, housing authority or police district unless he or she … Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Within sixty days after the effective date of this paragraph, the DCAS employers shall be required to submit to the state commission for its approval a single comprehensive revision of the plan prepared pursuant to paragraph (b) of this subdivision, to be implemented by December thirty-first, two thousand twenty-one, to further reduce the number of provisional appointments that have continued beyond the periods otherwise permitted by this section. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a police officer of the department of environmental conservation or of any police force or police department of any county, city, town, village, housing authority or police district unless he or she … 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. 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