rules for the classified civil service of st. lawrence ... · civil service in st. lawrence county...

RULES

FOR THE

CLASSIFIED CIVIL SERVICE

OF

ST. LAWRENCE COUNTY

APPROVED BY

New York State Civil Service Commission

REVISED May 15, 2018

TABLE OF CONTENTS

PURPOSE AND EFFECT ............................................ 3

RULE I ........................................................ 4DEFINITIONS .............................................. 4

RULE II ....................................................... 5ADMINISTRATION ........................................... 5

RULE III ...................................................... 5EXEMPT CLASS ............................................. 5

RULE IV ....................................................... 5NON-COMPETITIVE CLASS .................................... 5

RULE V ........................................................ 5LABOR CLASS .............................................. 5

RULE VI ....................................................... 6UNCLASSIFIED SERVICE ..................................... 6

RULE VII ...................................................... 6RECRUITMENT OF PERSONNEL ................................. 6

RULE VIII ..................................................... 7APPLICATIONS ............................................. 7

RULE IX ....................................................... 7DISQUALIFICATION ......................................... 7

RULE X ......................................................... 8EXAMINATIONS .............................................. 8

RULE XI ....................................................... 10ELIGIBLE LISTS ........................................... 10

RULE XII ...................................................... 11CERTIFICATION ............................................ 11

RULE XIII ..................................................... 13PROMOTIONS ............................................... 13

RULE XIV ...................................................... 14PROBATIONARY TERM ........................................ 14

RULE XV ....................................................... 19SEASONAL AND TRAINEE APPOINTMENTS ........................ 19

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RULE XVI ...................................................... 21EFFECT OF PROVISIONAL, CONTINGENT PERMANENT AND

TEMPORARY APPOINTMENTS ON STATUS OF APPOINTEE ....... 21

RULE XVII ..................................................... 25TRANSFERS ................................................ 25

RULE XVIII .................................................... 26REINSTATEMENT ............................................ 26

RULE XIX ...................................................... 28LEAVE OF ABSENCE ......................................... 28

RULE XX ....................................................... 29RESIGNATION .............................................. 29

RULE XXI ...................................................... 30REPORTS OF APPOINTING OFFICERS ........................... 30

RULE XXII ..................................................... 31CERTIFICATION OF PAYROLLS ................................ 31

RULE XXIII .................................................... 33CLASSIFICATION PLAN ...................................... 33

RULE XXIV ..................................................... 35PROHIBITION AGAINST QUESTIONS ELICITING INFORMATION

CONCERNING POLITICAL AFFILIATION .................... 35

RULE XXV ...................................................... 36LAYOFF OF COMPETITIVE CLASS EMPLOYEES .................... 36

RULE XXVI ..................................................... 42PRE-TERMINATION HEARING .................................. 42

ST. LAWRENCE COUNTY APPENDICES ................................ 43APPENDIX A - EXEMPT ...................................... 43APPENDIX B - NON-COMPETITIVE ............................. 46APPENDIX C - LABOR ....................................... 54APPENDIX D - UNCLASSIFIED ................................ 55

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PURPOSE AND EFFECT

It is hereby declared to be the purpose of these rules toprovide an orderly and uniform system for the administration ofcivil service in St. Lawrence County on a basis of merit andfitness as provided in the Civil Service Law of the State of NewYork. These rules have the force and effect of law, and apply toall positions in the classified service of St. Lawrence County aswell as the Towns, Villages and Special Districts therein. Theserules may be amended by the Personnel Officer after public hearingand subject to the approval of the State Civil Service Commission.

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RULE I

DEFINITIONS

Unless otherwise expressly stated or unless the context orsubject matter requires a different meaning, the several termshereinafter mentioned, whenever used in these rules, shall beconstrued as follows:

1. "Personnel Officer" means the personnel officer of the countyof St. Lawrence.

2. "Employee" means the incumbent of a position holding theposition in accordance with these rules and the Civil ServiceLaw.

3. "Position" means an office or employment involving anaggregation of duties to be performed and responsibilities tobe exercised by one person.

4. "Compensation" means the remuneration of a position and shallinclude food, lodging, maintenance and commutation when thesame is furnished.

5. “Eligible List" means an official record kept in the PersonnelOfficer's office as a public record which contains the names ofthose persons who have successfully completed examination,listed and ranked in order of their final ratings from thehighest to the lowest rank.

6. “Part-time Employment" means any employment or a combination ofone or more employments in a civil division in which anindividual works fifty percent or less of the time prescribedas the normal work week by the governing body or otherappropriate authority of the civil division or wherein theemployee earns not more than one-half (1/2) of the rateassigned to the position if the position has been allocated toa graded salary schedule.

7. "Transfer" means the change, without further examination, of apermanent employee from a position under the jurisdiction ofone appointing authority to a similar position under thejurisdiction of another appointing authority or to a similarposition under the jurisdiction of the same appointingauthority.

8. "Reassignment" means the change, without further examination,of a permanent employee from one position to another positionin the same title under the jurisdiction of the same appointingauthority.

9. “Municipality" means County, Town, City, Village or SpecialDistrict.

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RULE II

ADMINISTRATION

Personnel Officer administration.

RULE III

EXEMPT CLASS

1. Positions in the exempt class are those for which competitiveor non-competitive examinations or other qualificationrequirements are not practicable. (Civil Service Law,Section #41.)

2. Positions in the exempt class shall be listed in Appendix Aof these rules and made a part hereof.

RULE IV

NON-COMPETITIVE CLASS

1. A position in the non-competitive class may be filled by theappointment of a person who meets the minimum qualificationsestablished for such an appointment by the personnel officer.A nomination for such an appointment shall state thequalifications of the nominee and shall be filed by theappointing authority with the Personnel Officer. Suchappointment shall become effective only after approval by thePersonnel Officer.

2. Positions in the non-competitive class shall be listed inAppendix B of these rules and made a part hereof.

RULE V

LABOR CLASS

1. The labor class shall include unskilled laborers.

2. A position in the labor class may be filled by theappointment of any person selected by the appointing officerof the agency where a vacancy exists, and the PersonnelOfficer may require applicants for employment in the laborclass to qualify in such tests of their fitness foremployment as may be deemed practicable.

3. Positions in the labor class shall be listed in Appendix C ofthese rules and made a part hereof.

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RULE VI

UNCLASSIFIED SERVICE

Positions in the Unclassified service shall be listed inAppendix D of these rules and made a part hereof as though setforth herein.

RULE VII

RECRUITMENT OF PERSONNEL

1. Residence Requirements for Municipal Positions.

An applicant must be at the time of examination and for atleast thirty (30) days prior thereto a resident of St.Lawrence County. Residents of contiguous counties who residewithin a school district under the jurisdiction of the St.Lawrence County Personnel Officer are eligible forexamination and appointment to positions within the schooldistrict in which they reside. Residence requirements may befurther limited to that of a particular municipality.Residence requirements may be suspended or reduced by thePersonnel Officer in cases where recruitment difficulty makessuch requirements disadvantageous to the public interest.

2. Preference in Certification.

When preference in certification is given to residents of amunicipality pursuant to subdivision 4-a of Section 23 of thecivil service law, an eligible must have been a resident ofsuch municipality for at least thirty (30) days prior to thedate of certification in order to be included in acertification as a resident of such municipality and must bea resident of such municipality at the time of certificationand appointment.

3. Announcements of Examinations.

The public announcement of an examination shall specify theapplication fee, if any, the title, the duties of theposition, the minimum qualifications required, the issuedate, the final date for filing applications, the subjects orscope of the examination and the relative weights thereof,and, if known, the date and place of the examination. Publicnotice of open-competitive and promotional examinations shallbe made at least twenty-five days (25) before the date of theexamination and must be conspicuously posted in a publicplace for fifteen (15) days. The last day for filingapplications shall be not less than ten (10) days before thedate of the examination.

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RULE VIII

APPLICATIONS

1. Applications of candidates for positions in the competitiveclass and for positions in the non-competitive class must beaddressed to the Personnel Officer at the office of thePersonnel Officer.

2. The Personnel Officer shall notify each applicant of thedisposition of his/her application. Approved applicants forcompetitive examination shall be given notice of theirapproval at least four (4) days before the examination, bymail to the address stated in the application, or one day'snotice by telegram.

3. A candidate's application for examination may be exhibitedupon request, to the appointing officer to whom his/her nameis certified, or to his/her representative, provided,however, that information therein relating to the candidate'snational origin or indicating whether his/her citizenship isby birth or naturalization shall not be divulged. Before acandidate's application for examination is exhibited to theappointing officer or his/her representative all referencetherein to the candidate's national origin or to the basis ofhis/her citizenship shall be concealed.

RULE IX

DISQUALIFICATION

1. A record of disrespect for the requirements and processes oflaw, including repeated traffic offenses or disregard ofsummonses for traffic offenses, may be grounds fordisqualification for examination or, after examination, forcertification and appointment.

2. The burden of establishing qualifications to the satisfactionof the Personnel Officer shall be upon the applicant. Anyapplicant who refuses to permit the Personnel Officer toinvestigate matters necessary for the verification of his/herqualifications or who otherwise hampers, impedes or fails tocooperate with the Personnel Officer in such investigationshall be disqualified for examination or, after examination,for certification and appointment.

3. Any applicant whose application is disqualified for anexamination or appointment shall be notified of the reasonsfor such disqualification and afforded an opportunity tosubmit facts in opposition to such disqualification prior tofinal disposition of such application.

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RULE X

EXAMINATIONS

1. The marking of each competitor's examination shall be made onthe scale of 100, which maximum shall represent the bestperformance possible, expected or attained, and 70 shallrepresent a performance meeting the minimum needs of theposition to be filled. The Personnel Officer may, after theannouncement of an examination is made, sub-divide thewritten examination into parts and require a passing mark of70 in each of the parts in order that candidates beconsidered further for eligibility. Notice of sucharrangement shall be given in the instructions on the writtenexamination. Where the written test is prepared and rated bythe State Civil Service Commission in accordance with Section23, subdivision 2 of the Civil Service Law, the provisions ofthe rules and regulations of the State Civil ServiceCommission and Department dealing with the rating ofexaminations shall apply.

2. The Personnel Officer shall adopt a system to conceal theidentity of the candidate's papers in a written examinationuntil such written examination has been rated.

3. For examinations prepared and rated by the Personnel Officer,applications and examination records and papers of candidatesshall be preserved until at least six (6) months after theexpiration of the eligible list resulting from suchexamination, but in no event may records be destroyed exceptin accordance with the policies of the State Commissioner ofEducation and the State Civil Service Commission. Wheneveran oral test shall be prescribed as part of an examination, astenographic or recording device record of all the questionsand answers shall be made a part of the examination records.

4. Every candidate in an examination shall be notified ofhis/her final rating, and, if successful, of his/her relativeposition on the eligible list established as a result of theexamination. Any candidate receiving such notice, or his/herduly authorized representative, may inspect his/herexamination papers in the office of the Personnel Officer andin the presence of a designated representative of thePersonnel Officer, provided he makes request for suchinspection in writing within the period of ten (10) daysafter the date of the post-mark of such notice. Theapplication and examination papers of a candidate shall beexhibited only to the candidate or his/her duly authorizedrepresentative designated as such in writing. Theapplication of an eligible being considered for appointmentmay be shown to the appointing officer.

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5.a) A candidate who wishes to appeal to the Personnel

Officer from his/her rating in one, or more, or all ofthe subjects of an examination must submit such appealin writing within twenty (20) days after the earliestdate on which his/her examination papers were madeavailable for his/her inspection. Such appeal mustshow that a manifest error was made in the originalrating. Such appeal shall be considered as opening allof the candidate's papers for review, whether resultingin a higher or lower average standing. No change inrating shall be made as a result of an appeal unless itshall affect the candidate's relative position on theeligible list.

b) For examinations prepared and rated under Section #23,(2)of the Civil Service Law, the State Civil ServiceCommission shall have sole and exclusive authority tocorrect any errors in rating upon appeal or otherwise.The review of papers by candidates and the filing ofappeals in such examinations shall be governed by therules and regulations of the State Civil ServiceCommission and Department.

c) The Personnel Officer may, at any time during the lifeof an eligible list resulting from an examinationprepared and rated by the personnel officer, correctany clerical or computational errors in the ratings ofcandidates who competed in the examination.

d) Any change in an eligible list pursuant to this ruleshall be made without prejudice to the status of anyperson previously appointed as a result of suchexamination.

6. Rating keys shall be prepared for each examination held.Such keys shall be a permanent part of the record of eachexamination.

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RULE XI

ELIGIBLE LISTS

1. Every candidate who attains a passing mark in an examinationas a whole and who meets the standards prescribed, if any,for separate subjects or parts of subjects of the examinationshall be eligible for appointment to the position for whichhe was examined and his/her name shall be entered on theeligible list in the order of his/her final rating; but, iftwo (2) or more eligibles receive the same final rating inthe examination, they shall be ranked in accordance with suchuniform, impartial procedure as may be prescribed therefor bythe Personnel Officer.

2. The date of the establishment of a list shall be the datefixed therefor by the Personnel Officer, and shall be enteredon such list. The duration of all eligible lists shall befixed by the Personnel Officer prior to the establishment ofsuch lists, but, shall not be less than one (1) year nor morethan four (4) years. The date of establishment of a list andits duration shall be given to all successful candidates atthe time when notice of standing on the eligible list isgiven to such candidates. Where the duration of an eligiblelist is fixed at less than four (4) years, the PersonnelOfficer may, prior to the expiration of such list, extend theduration of the list up to the maximum limitation of four (4)years, provided that eligibles on such list are notified inwriting of the extension of the eligible list.

3. Eligible lists shall be open to public inspection at theoffice of the Personnel Officer. The names of persons whofailed to receive a passing grade on the examination shallnot be disclosed to the public.

4. The Personnel Officer shall have the power in his/herdiscretion to correct any error and amend any eligible listwhere it appears that an error has been made. The PersonnelOfficer shall have power to revoke any eligible list wherethe provisions of these rules were not properly orsufficiently carried out; provided, however, that an eligiblelist shall not be revoked except after notice and anopportunity to be heard has been given to all persons whosenames appear thereon. The reason for such action shall bereported to the State Civil Service Commission.

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RULE XII

CERTIFICATION

1. The Personnel Officer shall determine the eligible list mostnearly appropriate for the position to be filled, and shallcertify to the appointing authority a sufficient number ofeligibles from which selection for appointment may be made.When the name of any eligible is included in a certificationfor appointment, the names of all other eligibles on the listhaving the same final rating as such eligibles shall likewisebe included in such certification.

2. A certification issued by the Personnel Officer to anappointing officer shall be valid for a period of thirty (30)days from the date of its issuance. After the expiration ofsuch thirty (30) day period, no appointment shall be madeexcept from a new certification. The Personnel Officer, forgood cause shown, may extend a certification up to a maximumof sixty (60) days upon the request of an appointingauthority.

3. When an eligible is canvassed for appointment or is offeredappointment in writing and fails to state his/her willingnessto accept such appointment within 7 calendar days after themailing of such canvass or offer, he/she may be consideredineligible when making selection for such particularappointment. When an eligible fails to respond, his/her nameshall be restricted from further certification from theeligible list. Thereafter, the eligible may request thathis/her name be restored to active status on such list,provided the list is still in existence. The eligible’s namemay be restored to active status on such list if thePersonnel Officer in his/her discretion determines that thereasons for the previous non-response are satisfactory.

4. The name of the person declining appointment shall beeliminated from further certification from the eligible listunless declination is for one or more of the followingreasons:

Insufficiency of compensation offered when belowminimum of grade of the position for which theexamination was held;

Geographical location of employment;

Temporary inability, physical or otherwise, whichmust be satisfactorily explained by the eligible inwriting;

Other reason deemed acceptable by the PersonnelOfficer.

The Personnel Officer shall enter upon the eligiblelist the reasons for his/her action in such cases.

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5. Except as otherwise provided herein, appointment or promotionto a position in the competitive class shall be made by theselection of a person on the most nearly appropriate eligiblelist who is willing to accept such appointment and whosefinal rating in the examination is equal to or higher thanthe rating of the third (3rd) highest ranking eligible on thelist indicating willingness to accept such appointment. Theterm "ranking" as used herein refers to the order in whichthe names of eligibles appear on the eligible list asprovided in Rule XI.

6. Whenever a vacancy exists in a position in the competitiveclass and an open competitive examination duly advertisedresults in three (3) or fewer approved applicants for theexamination, the appointing officer may nominate to thePersonnel Officer one of the applicants who may be certifiedfor appointment to fill the vacancy without furtherexamination provided that he has already qualified in anexamination of equivalent character within the last four (4)years from the date of nomination.

7. Wherever one or more eligibles shall have declined anyappointment offered and an eligible whose relative standingis lower and who was reachable on the certification onlybecause of the aforesaid declination shall have beenappointed to the position, the salary or compensation of suchappointee shall not be increased, except by a service or aclass-wide increase, within a period of six (6) months afterhis/her appointment beyond that offered to the persons sodeclining.

8. An open-competitive, promotion or preferred eligible listshall not be certified for filling a permanent competitiveclass vacancy created by reclassification of a permanentlyencumbered position if the appointment or promotion from suchlist would require the layoff of a permanent employee; butthis provision shall not apply if the incumbent whoseposition was reclassified has, following suchreclassification, either refused to take an examination forsuch reclassified position or failed to qualify forappointment, examination or promotion to such position.

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RULE XIII

PROMOTIONS

1. In no case shall any person be eligible to participate in apromotion examination until he has served at least six (6)months on a permanent basis in a lower grade position.

2. Any person who is nominated for non-competitive examinationfor promotion to a position and who fails to pass two (2)successive examinations for such promotion shall notthereafter be eligible for employment in such position,except by appointment or promotion from an eligible listestablished following competitive examination.

3. Promotion examinations for non-competitive class employeesshall, in addition to the requirements of Civil Service Law,Section 52 (12), require that applicants shall have beenemployed in a full-time position at a salary level less thanthat assigned the position for which promotion examination isto be held.

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RULE XIV

PROBATIONARY TERM

1. Probationary Term.

a) Except as otherwise provided, every permanentappointment from an open competitive list and everyoriginal appointment to a position in the non-competitive, exempt or labor class shall be for aprobationary term of not less than two (2) calendarmonths nor more than twelve (12) calendar months. Theprobationary period for Deputy Sheriffs and PoliceOfficers shall be for a probationary term of not lessthan two (2) calendar months nor more than eighteen(18) calendar months.

b) An appointment shall become permanent upon theretention of the probationer after his/her completionof the maximum period of service or upon earlierwritten notice following completion of the minimumperiod of service that his/her probationary term issuccessfully completed. A copy of such notice shall besent to the Personnel Officer.

c) If the conduct or performance of a probationer is notsatisfactory, his/her employment may be terminated atany time after the completion of the minimum period ofservice, and on or before completion of the maximumperiod of service in the manner as prescribed in theserules.

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2. Promotions and Transfers.

a) Transfers to Positions in the Same Civil Division.

Every transfer from one position to another in the samecivil division shall serve a probationary term of three(3) calendar months. If the conduct or performance ofthe probationer is not satisfactory, employment in suchposition may be terminated on or before the completion ofthe period of probation.

b) Transfers to Positions Under Different AppointingAuthorities in Different Civil Divisions.

Every transfer from a position in one civil division toa position in another civil division shall serve aprobationary term of three (3) calendar months. If theconduct or performance of the probationer is notsatisfactory, employment in such position may beterminated on or before the completion of the period ofprobation. The Personnel Officer shall advise theprospective transferee in writing prior to approval ofthe transfer that a three (3) month probationary term isrequired and must be successfully completed to obtainpermanent status in the position to which transfer issought. The prospective transferee shall be advised itis his/her responsibility to request a leave of absencefrom the releasing agency. Unless the prospectivetransferee obtains a leave of absence, the releasingagency is not required to hold a position to return toshould the probationary period not be successfullycompleted.

c) Promotions.

All promotions shall be for a probationary term of three(3) calendar months; provided, however, that uponpromotion the appointing officer may waive therequirements of satisfactory completion of theprobationary term. If the conduct or performance of theprobationer is not satisfactory, employment in suchposition may be terminated on or before the completionof the period of probation. For the purposes of thissubdivision, the term “promotion” shall include theappointment of an employee to a higher grade position inthe labor, non-competitive or exempt class or theappointment of an employee from a promotional eligiblelist in the competitive class.

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3. Restoration to a permanent position.

When a permanent employee is promoted or transferred to aposition within the same civil division in which he/she isrequired to serve a probationary term, the position thusvacated by him/her shall not be filled, except on a temporaryor contingent permanent basis, during such probationaryterm. At any time during such probationary term the employeeshall have the right to return to his/her previous positionat his/her own election. If the conduct or performance ofthe probationer is not satisfactory, he/she shall be restoredto his/her former permanent position at the end of his/herprobationary term.

4. Absence during probationary term.

Any periods of authorized or unauthorized absence aggregatingup to ten (10) work days during the probationary term, may,in the discretion of the appointing authority, be counted astime served in the probationary term. Any such periods ofabsence in excess of an aggregate of ten (10) work days shallnot be counted as time served in the probationary term. Theminimum and maximum periods of the probationary term of anyemployee shall be extended by the number of work days ofhis/her absence which, pursuant to this section, are notconsidered as time served in the probationary term. Nothingin this section shall be construed to except a probationerfrom the application of section four (4) of rule twenty (20)of these rules.

5. Report of probationer's service.

The probationer's supervisor shall carefully observe his/herconduct and performance, and, at least two (2) weeks prior tothe end of the probationary term shall report thereon inwriting to the proper appointing authority. The supervisorshall also, from time to time during the probationary term,advise the probationer of his/her status and progress. Aprobationer whose services are to be terminated forunsatisfactory service shall receive written notice at leastone (1) week prior to such termination, and, upon request,shall be granted an interview with the appointing authorityor his/her representative.

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6. Restoration to eligible list.

A probationer whose employment is terminated or who resignsbefore the end of his/her probationary term may request thathis/her name be restored to the eligible list from which hewas appointed, provided such list is still in existence.His/her name may be restored to such list if the PersonnelOfficer, in his/her discretion, determines that theprobationer should be given a second opportunity forappointment.

7. Temporary or provisional service in higher level positions.

When an employee who has not completed his/her probationaryterm is appointed on a temporary or provisional basis to ahigher level position, the period of temporary or provisionalservice rendered by such employee in such higher levelposition, may, in the discretion of the appointing authority,be considered as satisfactory probationary service in his/herlower position and may be counted as such in determining thesatisfactory completion of such probationary term. At anytime after the expiration of the minimum period of theprobationary term, or the entire probationary term if it beone of fixed duration, the appointing authority shall, onrequest of such probationer, furnish his/her decision inwriting as to whether or not service in such higher levelposition shall be considered as satisfactory probationaryservice. In the event of an adverse decision by theappointing authority such probationer at his/her request,shall be returned to his/her lower position for sufficienttime to permit him to complete his/her probationary term. Theemployment of such a probationer in his/her lower positionshall not be terminated at the end of his/her probationaryterm on account of unsatisfactory service unless he/she shallhave actually served in such position, in the aggregate, atleast the minimum period specified for such probationary termor the entire probationary term if it be one of fixedduration.

8. Removal during probationary term.

Nothing contained in this rule shall be construed to limit orotherwise affect the authority of an appointing authoritypursuant to section seventy-five (75) of the Civil ServiceLaw, at any time during the probationary term, to remove aprobationer for incompetency or misconduct.

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9. Notwithstanding any other provisions of these rules theappointment or promotion of a police officer shall not becomepermanent unless and until he/she has satisfied suchrequirements as may be applicable to him/her under sectiontwo hundred nine-q (209-q) of the General Municipal Law. Ifa police officer is promoted to a higher rank for which hehas met all requirements of eligibility for permanentpromotion except training requirements applicable undersection two hundred nine-q (209-q) of the General MunicipalLaw, he shall be deemed to be on leave of absence from thelower rank position from which he was promoted pendingcompletion of such training. During such period such lowerrank position may not be filled except on a temporary basis.In the event of his/her failure to complete such trainingsuccessfully within the time allowed therefore, he shall berestored to such lower rank position.

10. An employee who is reinstated to a position after aseparation of more than one (1) year, either in his/herformer jurisdiction or in another jurisdiction shall serve anew probationary period in the same manner and subject to thesame requirements as apply upon the original appointment tosuch position. A permanent employee reinstated within one (1)year shall not be required to serve a probationary period.

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RULE XV

SEASONAL AND TRAINEE APPOINTMENTS

1. Appointment to seasonal positions in competitive class.

a) Positions in the competitive class where the natureof service is such that it is not continuousthroughout the year, but recurs in each successiveyear, except as herein otherwise provided, shall bedesignated as seasonal positions and shall besubjected to the provisions of these rules applicablegenerally to positions in such class.

b) Upon the expiration of the employment season, thenames of all persons employed in such seasonalpositions shall be entered upon a seasonalre-employment list in the order of their firstappointment to the title vacated by them at theexpiration of such employment season. Such seasonalre-employment list shall be certified to theappointing authority at the commencement of or duringthe next employment season, and the persons whosenames appear thereon as still qualified shall beentitled to re-employment in such positions in theorder in which their names appear on such list. Anysuch person may be re-examined by the PersonnelOfficer with respect to his/her physical fitness forthe performance of the duties of the position, andmay be disqualified for re-employment in the samemanner, and for any reasons applicable to thedisqualification of any eligible on an eligible listresulting from open competitive examination.

c) The name of any person on such list who is notreached for re-employment shall remain on such listand shall be certified in the order of the date ofhis/her first appointment to such position duringsubsequent employment seasons; provided, however,that the eligibility for re-employment of any suchperson shall not continue for a period longer thanthree (3) years from the date of his/her separationfrom such seasonal employment. A seasonalre-employment list shall not be deemed to be apreferred list as provided for in Section eighty-one(81) of the Civil Service Law.

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2. Trainee Appointments.

The Civil Service Personnel Officer may require thatpermanent appointments or promotions to designatedpositions shall be condition upon the satisfactorycompletion of a term of service as a trainee in such aposition or in an appropriate, lower training title or thecompletion of specified training or academic courses, orboth. The period of such term of training service shallbe prescribed by the Personnel Officer. Upon thesatisfactory completion of such training term, and ofspecified courses, if required, an appointee shall beentitled to full permanent status in the position forwhich appointment was made. Any appointment hereundershall be subject to such probationary period as isprescribed in these rules. Also, the employment of suchperson may be discontinued if his/her conduct, capacity orfitness is not satisfactory, or at any time he fails topursue or continue satisfactorily such training oracademic courses as may be required.

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RULE XVI

EFFECT OF PROVISIONAL, CONTINGENT PERMANENT AND TEMPORARYAPPOINTMENTS ON STATUS OF APPOINTEE

1. Provisional Appointment of Permanent Employee.

a) When a permanent competitive class employee is given aprovisional, temporary or trainee appointment toanother competitive class position in the samedepartment or agency, the employee shall be deemed tobe on leave of absence from the vacated position. Theposition thus vacated by him/her shall not be filled onother than a temporary or contingent permanent basispending his/her reinstatement thereto upon failure ofthe provisional, temporary or trainee appointment tomature into permanent appointment.

b) A provisional appointee may return to his/her permanentposition at any time during provisional term ofappointment by providing written notice to theappointing authority requesting to be returned to suchpermanent position. The appointing authority shallreturn such provisional appointee to his/her permanentposition within fifteen days of receipt of such writtennotice.

2. Successive Provisional Appointment.

No provisional employee who has refused to take anexamination held for permanent appointment shall be givenanother provisional appointment in the same titled position.For the purposes of this rule, a failure to appear for anappropriate examination shall constitute a refusal to take anappropriate examination. No provisional employee who hastwice failed the examination for permanent appointment shallbe given another provisional appointment in the sameposition; except that, upon written request from anappointing officer showing evidence of a lack of interestedor available candidates, the Personnel Officer may, athis/her discretion, allow a third provisional appointment.

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3. Contingent Permanent Appointments.

a) A position left temporarily vacant by the leave ofabsence of the permanent incumbent may be filled, atthe discretion of the appointing authority, by acontingent permanent appointment through the use of anopen-competitive or promotion eligible list. Anyperson appointed on a contingent permanent basis shallhave all the rights and benefits of a permanentcompetitive class employee subject to the followinglimitations:

(1) Probationary Period: All appointments under thisrule shall be required to complete theprobationary period for original appointment orpromotion as prescribed in these rules.

(2) Return of Incumbents: In the event of layoff orthe return from leave of absence of the permanentincumbent, persons holding positions on acontingent permanent basis shall be displacedbefore any persons holding permanent status in thesame title regardless of total seniority. In theevent more than one position in the same title isheld by persons having contingent permanentappointments, within the same department oragency, displacement among those persons shall bebased on the inverse order of their contingentpermanent appointments.

(3) Preferred List: Upon displacement, if thecontingent permanent appointee was made from apromotional eligible list, he/she shall berestored to his/her permanent position and havehis/her name placed on a preferred eligible listfor certification as a mandatory list only to thedepartment or agency in which the contingentpermanent appointment was made. If the contingentpermanent appointee was appointed from an open-competitive eligible list, he/she shall havehis/her name placed on a preferred eligible listfor certification as a mandatory list in thedepartment or agency in which the contingentpermanent appointment was made.

(4) Seniority: When a contingent permanent appointmentmatures into a permanent appointment, the date ofpermanent service shall be the date of theoriginal contingent permanent appointment.

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(5) Promotion: When a permanent competitive classemployee accepts a contingent permanentappointment, the position vacated by such employeeshall not be filled except on a temporary orcontingent permanent basis until the contingentpermanent appointment matures into a permanentappointment.

b) All appointments under this rule shall be canvassed as"permanent-contingent permanent." A copy of this rulemust be included with the canvass letter.

c) Appointments to contingent permanent positions shall bemade by selection of one of the top three candidates onan appropriate eligible list willing to accept acontingent permanent appointment; there will be norecanvassing of the eligible list in the event thecontingent permanent position becomes unencumbered.Acceptance of a contingent permanent appointment willremove the person's name from the eligible list for anyfuture contingent permanent or permanent vacancieswithin the department or agency in which the contingentpermanent appointment was made.

d) If a permanent vacancy becomes available in the sametitle in the department or agency in which a contingentpermanent appointment has been made, contingentpermanent appointees may be offered reassignment, priorto canvassing for a permanent appointment from anappropriate eligible list or prior to appointing atemporary or provisional to the position(s).

e) When a position filled by a contingent permanentappointee becomes unencumbered, the contingent permanentappointee in that position shall immediately gainpermanent competitive status in the class if therequired probationary period as prescribed in this rulehas been satisfactorily completed.

4. Effect of Temporary Appointment on Eligibility for PermanentAppointment.

The acceptance by an eligible of a temporary appointmentshall not affect his/her standing on the eligible list for apermanent appointment, nor shall the period of temporaryservice be counted as part of the probationary service in theevent of subsequent permanent appointment.

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5. Temporary Appointments to Permanently Encumbered Positions.

When a temporary appointment to a permanently encumberedposition is made from an eligible list and the temporaryappointee is, at the time of such appointment, reachable forpermanent appointment on such eligible list, he/she shall, atsuch time that the permanently encumbered position isvacated, be eligible for permanent appointment to the sameposition or another position in the same classnotwithstanding the fact that the eligible list on whichhis/her name originally appeared may have expired.

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RULE XVII

TRANSFERS

Upon the written consent of the transferee and of the respectiveappointing authorities having jurisdiction over the positions towhich and from which transfer is sought, and subject to theapproval of the Personnel Officer, any individual serving in acompetitive class position as a permanent appointee may bepermanently appointed to another competitive class positionsubject to these rules without further competitive examinationprovided:

1. There is no preferred list appropriate for filling theposition to which appointment is sought containing the nameof an eligible willing to accept appointment; and

2. There is no departmental promotion list for the position towhich appointment is sought containing the names of three ormore eligibles willing to accept appointment; and

3.

a) The Personnel Officer determines that the examinationsscopes and qualifications for the position held and towhich appointment is sought are identical; or

b) When the examinations' scopes and qualifications are notidentical, the New York State Department of CivilService has determined that the examination for theposition held involved or would involve essential testsand qualifications the same as or greater than those ofthe position to which appointment is sought; and

4. The Personnel Officer has determined that such appointment isfor the good of the service.

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RULE XVIII

REINSTATEMENT

1. A permanent competitive class employee who has resigned maybe reinstated without further examination to the positionfrom which he/she resigned, if then vacant, or in any vacantposition to which the employee was eligible for transfer orreassignment. An employee who is laid off shall be eligiblefor reinstatement in the same manner as an employee who hadresigned.

All reinstatements are subject to the following terms andconditions:

The prospective appointing authority must request approvalfrom the Personnel Officer to reinstate an individual.

A reinstatement may not be approved to a position forwhich a preferred list exists containing the name of aneligible willing to accept appointment.

With the exception of an employee who is to be reinstatedto his/her former position within one year fromresignation, a reinstatement may not be approved to aposition for which a promotion eligible list existscontaining the names of three or more eligibles willing toaccept appointment.

The Personnel Officer shall determine if the reinstatementis for the good of the service.

Reinstatement following a break in service of more than oneyear must also satisfy the following additional condition:

The appointing authority must provide documentation orexplanation that demonstrates to the satisfaction of thePersonnel Officer that the individual requested to bereinstated possesses current knowledge and skill in theoccupational field to which reinstatement is sought.

If the position to which reinstatement is sought requiressuccessful completion of medical and/or physical agilitytest for original appointment, the individual beingreinstated must satisfy these criteria immediately priorto reinstatement.

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2. Refusal or failure to accept reinstatement from preferredlist.

a) Relinquishment of eligibility for reinstatement.

The failure or refusal of a person on a preferred list,after reasonable notice, to accept reinstatementtherefrom to his/her former position or any similarposition in the same salary grade for which such listis certified, shall be deemed to be a relinquishment ofhis/her eligibility for reinstatement and his/her nameshall thereupon be stricken from such preferred list.The name of such person may be restored to suchpreferred list and certified to fill such appropriatevacancies as may thereafter occur only upon the requestof such person and his/her submission of reasonssatisfactory to the Personnel Officer for his/herprevious failure to accept reinstatement.

b) Effect or refusal to accept reinstatement to lowergrade position.

A person on a preferred list shall not be deemed torelinquish his/her eligibility for reinstatementtherefrom by reason of his/her failure or refusal toaccept reinstatement to a position in a lower salarygrade than the position from which he was suspended ordemoted. The name of such person may be withheld fromfurther certification for reinstatement to a positionto which he failed or refused to accept reinstatement.

c) Restoration to eligibility for reinstatement not toaffect previous appointments.

The restoration of the name of a person to a preferredlist, or his/her restoration to eligibility forcertification therefrom to positions in a lower salarygrade than his/her former position, shall notinvalidate or in any manner adversely affect anyappointment, promotion, reinstatement or demotionpreviously made to any position to which such personwould otherwise have been eligible for reinstatementfrom such preferred list.

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RULE XIX

LEAVE OF ABSENCE

1. A leave of absence without pay, not to exceed one (1) year,may be granted to a permanent employee in the competitive,non-competitive or labor class of the classified service byan appointing officer. Notice of such leave of absence shallbe given to the Personnel Officer. Where a leave of absencewithout pay has been granted for a period which aggregatesone (1) year, a further leave of absence without pay shallnot be granted unless the employee returns to his/herposition and serves continuously therein for three (3) monthsimmediately preceding the subsequent leave of absence.Notice of such subsequent leave of absence shall also begiven to the Personnel Officer.

2. Except as permitted by subdivision 4 of this rule thePersonnel Officer may for good cause shown, waive theprovisions of this rule to permit an extension of the leaveof absence for an additional one (1) year period. In no casemay such leave of absence exceed in aggregate two (2) yearsfrom the date of commencement of the leave.

3. A leave of absence without pay, not to exceed four (4) years,shall be granted by an appointing officer to an employee whois a veteran of the Armed Forces of the United States,providing such a leave of absence is for the purpose oftaking courses under the educational benefits provided for inTitle 38, United States Code or under a New York State Boardof Regents War Service Scholarship, Education Law, Section614. An employee taking such a leave shall be reinstated tohis/her position, provided he makes application for suchreinstatement within sixty (60) days after the termination ofhis/her courses of study.

4. A permanent competitive class employee may be granted a leaveof absence to serve in an exempt or unclassified position.Such leave of absence shall expire at the end of his/heremployment in such exempt or unclassified position providedthat such service shall not continue more than two (2) years.

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RULE XX

RESIGNATION

1. Resignation in writing.

Except as otherwise provided herein, every resignation shallbe in writing.

2. Effective date.

If no effective date is specified in a resignation, it shalltake effect upon delivery to or filing in the office of theappointing authority. If an effective date is specified in aresignation, it shall take effect on such specified date.However, if a resignation is submitted while the employee ison leave of absence without pay, such resignation, for thepurpose of determining eligibility for reinstatement, shallbe deemed to be effective as of the date of the commencementof such absence. Notwithstanding the provisions of thissection, when charges of incompetency or misconduct have beenor are about to be filed against an employee, the appointingauthority may elect to disregard a resignation filed by suchemployee and to prosecute such charges; and, in the eventthat such employee is found guilty of such charges anddismissed from the service, his/her termination shall berecorded as a dismissal rather than as a resignation.

3. Withdrawal or amendment.

A resignation may not be withdrawn, cancelled or amendedafter it is delivered to the appointing authority, withoutthe consent of the appointing authority.

4. Voluntary demotion.

An employee who voluntarily elects to relinquish his/herpermanent competitive class status to a position and accept ademotion, must deliver a statement of relinquishment to theappointing authority. Upon receipt of the statement ofrelinquishment by the appointing authority, the employee maybe reinstated to any vacant lower salary level position forwhich he is eligible for such reinstatement as provided inthese rules. Such statement of relinquishment shall not takeeffect until the employee is reinstated to the lower levelposition.

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RULE XXI

REPORTS OF APPOINTING OFFICERS

For the purpose of certification of payrolls and to enable thePersonnel Officer to keep an official roster of the classifiedservice as required by law, each appointing officer, from time totime, and upon the date of the official action in each case, shallreport to the Personnel Officer as follows:

a) Every appointment or employment whether probationary,temporary or otherwise, in the classified service, with thedate of commencement of service and the title andcompensation of the position.

b) Every failure to accept an appointment under him/her by aperson eligible therefor, with copies of the offer or noticeof appointment and the reply thereto, if any.

c) Every discharge during or at the end of probationary termwith the date thereof.

d) Every vacancy in a position, for whatever the reason with thedate thereof.

e) Every position abolished, with the date of such abolition.

f) Every change of compensation (i.e. negotiated salaryincrease, merit pay increase, demotion, suspension, leave ofabsence) in a position, with the date thereof.

g) Every promotion, giving the position from which and to whichmade, with the salaries and the date thereof.

h) Every transfer, giving the positions from which and to whichmade, with the date and salaries thereof.

i) Every reinstatement in a position, with the date and salarythereof.

j) Every leave of absence, with the date and duration thereof.

k) Every new position, giving a complete description of theduties thereof.

l) Every change of name.

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RULE XXII

CERTIFICATION OF PAYROLLS

1. Certification required prior to payment

(a) No person shall receive salary or compensation until thePersonnel Officer has certified his or her employment tobe in compliance with the provisions of the Civil ServiceLaw or these Rules.

(b) The Personnel Officer shall not certify the names of anyperson employed in a manner that does not comply with theprovisions of the Civil Service Law or these Rules.

2. Extended certification

(a) The Personnel Officer may certify the employment of aperson for a limited or extended period. No furthercertification shall be necessary for the payment ofsalary or compensation to such person as long as his orher status, title, and salary grade remain unchangedduring the period of the certification granted.

(b) The Personnel Officer shall require certification of thefirst full payroll of the fiscal year for every civildivision under its jurisdiction except school districts.The Personnel Officer shall certify the first fullpayroll of every school district under its jurisdictionin October every calendar year.

(c) The Personnel Officer may, at any time, require any civildivision under its jurisdiction to submit payrolls oraccounts for certification in accordance with §100(1) ofthe Civil Service Law.

(d) Annual certifications provided by the Personnel Officershall be valid for a period of no more than 12 monthsfollowing the scheduled date of certification establishedin these Rules. Certifications provided at any othertime during the year shall be valid for a period not toexceed the next scheduled certification established inthese Rules.

3. Refusal or termination of certification

(a) The Personnel Officer shall investigate any discrepanciesbetween the payroll and the official roster and any otherinstances where the Personnel Officer finds theemployment of a person may be in violation of the law orthese Rules.

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(b) In any case where the Personnel Officer findssatisfactory evidence that the employment of a person isin violation of law or these Rules, or the PersonnelOfficer finds satisfactory evidence of intent to evadethe provisions of law or these Rules in regard to theemployment of any person, the Personnel Officer shallrefuse certification or terminate a certificationpreviously made and then in force.

(c) Any refusal, termination, or revocation of acertification of any person shall be communicated inwriting to the appropriate fiscal or disbursing officer.

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RULE XXIII

CLASSIFICATION PLAN

1. Definitions. For the purpose of this rule, the followingdefinitions shall apply:

"Class" means one or more positions sufficiently similar withrespect to duties and responsibilities to be designated by asingle descriptive title and treated as a unit for thepurpose of recruiting, establishing salary ranges, andadministering other personnel functions.

"Class title" means the designation given under these rules to aclass and to each position allocated to such class.

"Class specification" means a formal written statement of theclass which defines the general duties and responsibilitiesof positions in the class, lists typical or illustrativeexamples of work of positions in the class, enumerates theknowledge, skills and abilities required for successfulperformance of the work and states required minimumexperience and training for positions in the class.

"Allocation" means the assignment of a position to an appropriateclass as determined by the duties, responsibilities andminimum qualification requirements of the position.

"Reclassification" means the re-allocation of a position from oneclass to another because of a permanent and material changeof the duties of that position.

2. The Personnel Officer shall prepare and maintain a list ofclass titles and class specifications for all positions inthe classified service of the civil division and shallallocate all such positions to an appropriate class.

3. Classification of Vacant Positions.

The appointing officer shall file a prescribed form with thePersonnel Officer when a classified position which has or isabout to become vacant is to be filled. Such form shallcontain a detailed description of the duties andresponsibilities of the position to be filled and a statementof suggested minimum entrance qualifications for theposition. After an analysis of the position description, thePersonnel Officer shall allocate the position to anappropriate class, or, if no appropriate class exists, shallcreate a new class and prepare a class specification for suchposition.

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4. Classification of New Positions.

The appointing officer shall file a prescribed form with thePersonnel Officer when a new position is to be created. Suchform shall contain a detailed description of the duties andresponsibilities of the position to be filled and a statementof suggested minimum entrance qualifications for theposition. After an analysis of the position description, thePersonnel Officer shall allocate the position to anappropriate class, or if no appropriate class exists, shallcreate a new class and prepare a class specification for suchposition.

5. Reclassification.

The appointing officer shall file a prescribed form with thePersonnel Officer whenever a permanent and material change ismade in the duties and responsibilities of any position.Such form shall clearly describe in detail the changes whichhave been made in the duties of the position. After ananalysis of the changes in the duties and responsibilities ofthe position, the Personnel Officer shall allocate theposition to an appropriate class, or if no appropriate classexists, shall create a new class and prepare a classspecification for such position.

6. Notice and Appeals.

Any appointing officer may make application for theclassification or reclassification of any position in his/herdepartment, or any employee in the classified service mayapply for a re-classification of his/her position. Suchapplication must set forth reasons in support of therequested reclassification, and must show changes in theduties and responsibilities of the position since the lastdetermination with respect to its classification. ThePersonnel Officer shall give reasonable notice of anyproposal or application for a change in classification to theappointing officer and to the employee or employees affectedthereby. Any person desiring to submit facts orally or inwriting in connection with reclassification of any positionshall be afforded reasonable opportunity to do so. ThePersonnel Officer shall then determine the proper allocationof the position. No employee, either by classification orreclassification, change of title or otherwise, shall bepromoted, demoted, transferred, suspended or reinstatedexcept in accordance with provisions of the Civil Service Lawand these rules.

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RULE XXIV

PROHIBITION AGAINST QUESTIONS ELICITING INFORMATION CONCERNINGPOLITICAL AFFILIATION

No question in any examination or application or otherproceeding by the Personnel Officer or his/her examiners shallbe so framed as to elicit information concerning, nor shall anyother attempt be made to ascertain the political opinions oraffiliations of any applicant, competitor or eligible, and alldisclosures thereof shall be discountenanced by the PersonnelOfficer and his/her examiners. No discrimination shall beexercised, threatened or promised against or in favor of anyapplicant, competitor or eligible because of his/her politicalopinions or affiliation.

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RULE XXV

LAYOFF OF COMPETITIVE CLASS EMPLOYEES

1. For the purpose of this Rule, the following terms shall mean:

a) Direct line of promotion shall be strictly construedin that in order to be considered as direct line alltitles must have the same generic root.

b) Next lower occupied title shall mean the title indirect line of promotion immediately below the titlefrom which the incumbent is suspended or demoted,unless no one is serving in that title in that layoffunit, in which case it shall be the closest lowertitle in direct line of promotion in that layoff unitin which one or more persons do serve.

c) Layoff unit shall mean each department of a County,City, Town, Village, each School District and eachSpecial District. Authorities and community collegesshall be deemed to be separate civil divisions.

d) Satisfactory service shall mean service by an employeeduring which he did not receive an "Unsatisfactory"performance rating and was not found guilty ofmisconduct or incompetency pursuant to Section 75 ofthe Civil Service Law which resulted in the impositionof any of the following penalties upon such employee:

1) Dismissal from the service, or

2) Suspension without pay for a periodexceeding one (1) month, or

3) Demotion in grade and title.

e)1) Permanent service shall start on that date of the

incumbent's original appointment on a permanentbasis in the classified service, however, in thecase of disabled veterans, the date of originalpermanent appointment is considered to be sixty(60) months earlier than the actual date; whilenon-disabled veterans are considered to have beenappointed thirty (30) months earlier than theiractual date of appointment. For the purposes ofthis Rule the definition of what constitutes aveteran or disabled veteran is contained inSection 85 of the Civil Service Law.

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2) A resignation followed by a reinstatement orreappointment more than one year subsequent to theresignation constitutes a break in service. Theoriginal appointment date is to be determined fromthe date of reemployment, the prior service wouldnot count.

3) Temporary or provisional service preceding theoriginal permanent appointment does not count.However, temporary or provisional employmentimmediately preceded and followed by permanentclassified service employment does not interruptcontinuous service.

4) The permanent service of any employee who wastransferred from another civil division shallstart on the date of his/her original permanentappointment in the classified service in the othercivil division.

5) If an employee was covered-in to a classifiedposition upon acquisition by a civil division ofan agency in which he was employed, his/herseniority begins on the effective date of thecover-in. As between that employee and otherscovered-in on the same date, they shall have theseniority held by them as among themselves in theagency before the cover-in.

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2. Suspension

a) When an occupied position in the competitive class isabolished, suspension is to be made from among thoseemployees holding the same title in the same layoffunit as the abolished position.

b) Among permanent employees, the order of suspension isthe inverse of the order of their original permanentappointment in the classified service. See abovedefinition of permanent service for veterans anddisabled veterans. An exception to this rule is thatthe blind have absolute retention rights but only intheir job status.

c) A blind person may not back-date his/her permanentservice if he also happens to be either a veteran ordisabled veteran.

d) A person is considered blind if he is so certified bythe Commission for the Visually Handicapped of the NewYork State Social Services Department.

e) When two or more permanent incumbents of positions in aspecific title are suspended, demoted or displaced atthe same time, the order in which they shall beentitled to displace shall be determined by theirrespective retention standing, with those having thegreater retention standing entitled to displace first.

f) When several employees were originally appointed on apermanent basis on the same day, their retention rightsshall be determined by their rank on the eligible listfrom which they were appointed; that person having thehighest rank having greater retention rights over thosehaving lower ranks.

g) All temporary, provisional and contingent permanentemployees occupying these positions must be let gobefore any permanent employee is suspended from suchpositions.

h) Probationary employees occupying such positions in thesame title must also be suspended before any permanentemployee in the layoff unit in that title who hascompleted his/her probationary period. Probationaryemployees do, however, have superior retention rightsto those of contingent permanent, temporary andprovisional employees.

i) The order of suspension among probationary employeesshall follow the same principles as that amongpermanent employees.

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3. Vertical bumping

a) Vertical bumping occurs when an employee in a specifictitle to which there is a direct line of promotion, whois himself suspended or displaced, displaces anemployee in the next lower occupied title in directline of promotion in the same layoff unit having theleast seniority if the employee who seeks to displacehas greater retention standing.

b) Where the layoff involves more than one position in atitle the order of displacement will be the inverse ofthe order of suspension. That is, the most senior ofthe suspended employees will be first to displace.This shall apply to both vertical bumping and retreat.

c) If an employee refuses to displace a junior incumbenthe must be laid off. This, however, does not protectthe junior incumbent from being compared in retentionstanding with other incumbents if other positions atthe higher level are being abolished.

d) When a next lower title has been occupied by means ofdisplacement regardless of when the displacement intothe title has occurred, it is considered to be occupiedfor further displacement purposes; however, a nextlower title which has all of its positions abolished atthe same time as positions are abolished at the higherlevel cannot be considered as occupied. A title whichis occupied by an incumbent, temporary, provisional,contingent permanent, probationary or permanent isconsidered occupied for the purposes of this section.

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4. Retreat

a) Retreat occurs when and only when there is no loweroccupied position in direct line of promotion at anylevel.

b) An employee may retreat by displacing the incumbentwith the least retention right who is serving in aposition in the title in which the displacingincumbent last served on a permanent basis prior toservice in the title from which he is currentlysuspended or displaced. Retreat may only occur wherethe position in the title formerly held by thedisplacing incumbent is occupied in the competitiveclass, in the same layoff unit, and at a lower salarygrade; the service of the displacing incumbent whilein the former title must have been satisfactory, andthe junior incumbent must have less retention standingthan the displacing incumbent.

c) The service of the displacing incumbent in the titleto which he is retreating need not have been in thesame layoff unit as the one from which he isdisplaced.

d) An employee may also displace by retreat to a positionin a title he last served on a permanent basisalthough he had intervening service in other titles aslong as his/her service in each of the interveningtitles was on other than a permanent basis. He mayalso displace by retreat to a position which does notcount in the computation of his/her continuousservice.

e) Where a title change has been effected to betterdescribe the duties of a position but the duties havenot substantially changed since the suspended employeelast served in that title the new title will forretreat purposes be deemed to be the former title.

5. An employee who refuses to accept an appointment afforded bydisplacement for whatever reason waives all rights regardingthe displacement, however, this employee's name will beentered on an appropriate preferred list.

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6. Preferred list standing for competitive class employeeson and after October 1, 1972 shall be as follows:

a) On and after October 1, 1972 those employees whosepositions were abolished prior to that date and whotherefore had their standing on the preferred listdetermined by the date of their original appointment ona permanent basis in the competitive class shall retainamong themselves such preferred list standing includingthe preferences to which they were entitled as blind,disabled veterans, and non-disabled veterans.

b) Blind employees whose positions are abolished on orafter October 1, 1972 shall have their preferred liststanding determined by the date of their originalappointment on a permanent basis in the classifiedservice, whether or not they are also disabled veteransor non-disabled veterans; provided however, that theblind shall be granted absolute preference on thepreferred list over all other employees except thosedisabled veterans and blind employees whose positionswere abolished prior to October 1, 1972 with whosenames theirs shall be interfiled.

c) Disabled veterans whose positions are abolished on orafter October 1, 1972 shall have their preferred liststanding determined by the date of their originalappointment on a permanent basis in the classifiedservice; provided however, that the date of suchoriginal appointment shall be deemed to be sixty (60)months earlier than the actual date, determined inaccordance with Section #30 of the General ConstructionLaw.

d) Non-disabled veterans whose positions are abolished onor after October 1, 1972 shall have their preferredlist standing determined by the date of their originalappointment on a permanent basis in the classifiedservice; provided however, that the date of suchoriginal appointment shall be deemed to be thirty (30)months earlier than the actual date, determined inaccordance with Section #30 of the General ConstructionLaw.

e) Non-veterans whose positions are abolished on or afterOctober 1, 1972 shall have their preferred liststanding determined by the date of their originalappointment on a permanent basis in the classifiedservice.

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f) The names of all persons encompassed by paragraphs (c),(d), and (e) above whose positions are abolished on orafter October 1, 1972 shall be interfiled on thepreferred list with the names of all non-veterans whosepositions were abolished prior to October 1, 1972.

7. An appointing authority may take such steps as it may deemnecessary in order to secure binding written commitments inadvance of suspension, demotion or displacement fromemployees potentially affected by such suspension, demotionand displacement as to their willingness to acceptreassignment or displacement.

RULE XXVI

PRE-TERMINATION HEARING

Whenever an employee is to be terminated under Section 73 ofthe Civil Service Law following leave of absence occasionedby ordinary disability, or under Section 71 followingexhaustion or termination of Workers' Compensation leave,he/she must be afforded an opportunity for a hearing tocontest the decision before such termination is to takeeffect.

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ST. LAWRENCE COUNTY APPENDICESAPPENDIX A - EXEMPT

COUNTY SERVICE

Assistant Conflict Defender (3)Assistant County Attorney (2)Assistant District Attorney (9)Assistant Public Defender (6)Chief Assistant District Attorney (1)Chief Assistant Public Defender (1)Conflict DefenderCounty AttorneyCounty Historian (Part-time)Deputy AuditorDeputy Budget OfficerDeputy County Attorney (1)Deputy County Superintendent of HighwaysDeputy County Treasurer - Accounting SupervisorDeputy County Treasurer - Tax SupervisorDirector of Economic DevelopmentDirector of Human ResourcesFirst Deputy County ClerkFiscal Manager/Chief Financial OfficerPublic DefenderSecond Deputy County ClerkSecretary to County AttorneySecretary to County ClerkSecretary to District AttorneySecretary to Public DefenderSecretary to SheriffUndersheriff

TOWN SERVICE

Clerk to Each Town JusticeConstables (Part-time)Deputy Highway SuperintendentDeputy Town ClerkDeputy Town SupervisorDog EnumeratorsEither Secretary or Bookkeeper to SupervisorRegistrar of Vital StatisticsTown AttorneyTown Budget OfficerTown Historian

Town of Canton

Deputy Town Clerk (2)Director of Economic Development

Town of Edwards

Executive Director (Housing Authority)

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APPENDIX A - EXEMPT

TOWN SERVICE cont’d.Town of Hopkinton

Deputy Town Clerk (2)

Town of Massena

Deputy Town Tax CollectorDirector of Economic DevelopmentReceiver of Taxes and AssessmentsTown Highway Superintendent

Town of Norfolk


Town of Stockholm


VILLAGE SERVICE

Clerk to Village JusticeDeputy Village ClerkDeputy Village Clerk-TreasurerDeputy Village TreasurerDirector of Community Development (Except Village of Potsdam)Registrar of Vital StatisticsVillage AttorneyVillage HistorianVillage Tax CollectorVillage Treasurer

Village of Canton

Director of Economic DevelopmentExecutive Director (Housing Authority)

Village of Gouverneur

Secretary to Village AdministratorVillage Administrator

Village of Massena

Executive Director (Housing Authority)Village Administrator

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APPENDIX A – EXEMPT

VILLAGE SERVICE cont’d.Village of Potsdam

Director of Planning and Economic DevelopmentExecutive Director (Housing Authority)Secretary to Village AdministratorVillage Administrator

SCHOOL DISTRICTS

Census TakerClerk of Board of Cooperative Educational ServicesSchool AttorneySchool District ClerkSchool District TreasurerSchool Tax CollectorSecretary to District Superintendent of Schools (BOCES)Secretary to Superintendent of SchoolsTreasurer of Board of Cooperative Educational Services

Canton Central School

Claims Auditor

Norwood-Norfolk Central School

Claims Auditor

SPECIAL DISTRICTS

Massena Electric Department

SuperintendentTreasurer

Solid Waste Disposal Authority

Executive Director

Soil and Water Conservation District

Secretary-Treasurer

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APPENDIX B - NON-COMPETITIVE

ALL CIVIL DIVISIONS

Account Clerk/Typists (Part-time)Account Clerks (Part-time)Building Maintenance CrewleadersBuilding Maintenance MechanicsBuilding Maintenance WorkersBuilding Security WorkersBus DriversCarpentersCashiers (Part-time)Clerks (Part-time)CooksElectriciansGroundskeepersHead Building Maintenance WorkersHead CookHeavy Equipment OperatorsKeyboard Specialists (Part-time)Library AidesLibrary Technicians (under 5,000 population)Lifeguards (Seasonal)Maintenance ElectriciansMeat Inspectors (Part-time)Motor Equipment Mechanic HelpersMotor Equipment Mechanic - Motor Equipment OperatorsMotor Equipment MechanicsMotor Equipment OperatorsPaintersPhotocopying Machine OperatorsPlumbersPolice Matrons (Part-time)Police Officers (Part-time)Printing Machine OperatorsRecreation Director (Part-time)Recreation Leaders (Seasonal)Recreation Maintenance WorkersRecreation Specialists (Seasonal)Registered Professional NursesSanitary Inspectors (Part-time)School Crossing Guards (Part-time)Secretaries I (Part-time)Senior Account Clerks (Part-time)Senior Librarians I (Part-time)Senior Library Clerks (Part-time)Special Events Officers (Part-time)Stenographers (Part-time)Wastewater Treatment Plant Operators (Part-time)Water Treatment Plant Operators (Part-time)Working Crewleaders

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Section 55-a --- In all offices and departments where thefollowing positions exist:

Designated positions in titles where incumbent is certifiedeither by the Commission for the Blind and VisuallyHandicapped in the State Department of Social Services asbeing physically disabled by blindness or by the OVR StateEducation Department as otherwise physically or mentallydisabled.

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COUNTY SERVICE

* Administrator, Indigent Defendants (Part-time)* Administrator, Self-Insurance Fund (Part-time)Advocate Workers for the ElderlyAlcohol Rehabilitation Aides* Assistant County AdministratorBlastersBridge Construction Crew LeadersBridge Construction MechanicsBuilding Electrical Maintenance Workers* Chief Confidential InvestigatorChief Examination Monitors (Part-time)Child Care WorkersClinical Psychologists (Part-time)* Commissioner of Social ServicesCommunity Service AidesCoordinator, Senior Community Service ProjectCorrectional Nurses* County Fire Coordinator (Part-time)Court Attendants (Part-time)Crane Operators* Deputy Commissioner of Social Services* Deputy Director of Economic Development* Deputy Director of Public HealthDeputy Director, Veterans' Service AgencyDeputy Sheriff - MatronDeputy Sheriff - Matron Aides* Director of Central Services* Director of Community Services* Director of Data Processing* Director of Federal and State Aid Programs* Director of Governmental Services* Director of Office for the Aging* Director of Physically Handicapped Program (Part-time)* Director of Planning* Director of Real Property Tax Services III* Director, Veterans' Service Agency* Emergency Services DirectorExamination Monitors (Part-time)Financial Investigator (Part-time)Grand Jury Stenographer (Part-time)Head CleanerHeavy Equipment Operator/Labor CrewleadersHeavy Equipment Operator/Winter Highway SupervisorsHighway Construction CrewleadersHome Health AidesHomemakersHouse Parents

* DESIGNATED AS POSITIONS WHICH ARE CONFIDENTIAL OR REQUIRE THE PERFORMANCE OFFUNCTIONS INFLUENCING POLICY.

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COUNTY SERVICE cont’d.Impaired Driver Program Instructors (Part-time)Labor CrewleadersLaboratory Technician TraineesLicensed Practical NursesMedical Consultants (Part-time)Motor Equipment Mechanic-Heavy Equipment OperatorsMotor Equipment MechanicsNutritionists (Part-time)Outreach WorkersPlanners (Part-time)Psychiatric Social Workers (Part-time)Psychiatrists (Part-time)* Public Health DirectorReforestation CrewleadersSenior Motor Equipment MechanicsSign FabricatorSign Maintenance Crew LeadersSign Maintenance Workers* Social Services Attorney (Part-time)STOP-DWI Program CoordinatorSummer Program Lead Tutors (Seasonal April-September)Summer Program ManagerSummer Program TutorsSupervising Clinical PsychologistsTelephone Operator-Receptionists (Part-time)Welder HelpersWelders* Youth Bureau Director

TOWN SERVICE

* Assessor* Assistant Superintendent of Public Works

(under 5,000 population)* Building Inspector III (Part-time)* Code Enforcement Officer (Part-time)* Local Health Officer (Part-time)Public Works Crewleaders* Superintendent of Public Works (under 5,000 population)* Zoning Enforcement Officer (Part-time)

Town of Clifton (Population under 5,000)

BTI Technicians (Part-time)BTI Apprentices (Part-time)


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TOWN SERVICE cont’d.Town of Colton (Population under 5,000)


Town of DeKalb (Population under 5,000)

Water Treatment & Wastewater Treatment Plant Operators(Part-time)

Town of Fine (Population under 5,000)


Town of Hopkinton

Museum Curator (Part-time)

Town of Madrid (Population under 5,000)

Water Treatment & Wastewater Treatment Plant Operators(Part-time)

Town of Massena

Senior Citizens Coordinator* Town Auditor (Part-time)

Town of Norfolk

Museum Curator (Part-time)

VILLAGE SERVICE

* Assessor* Assistant Superintendent of Public Works

(under 5,000 population)* Building Inspectors III (Part-time)* Code Enforcement Officer (Part-time)Dispatchers (Part-time)Housing Code Inspectors (Part-time)* Local Health Officer (Part-time)Meter RepairerMunicipal Bingo Inspectors (Part-time)Museum AidesMuseum Curator (Part-time)


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VILLAGE SERVICE cont’d.Public Works Crewleaders* Superintendent of Public Works (under 5,000 population)Water and Sewer Maintenance CrewleadersWater and Sewer Maintenance WorkersWater Meter Readers (Part-time)

Village of Edwards (Population under 5,000)

Water Treatment and Wastewater Treatment Plant Operators (part-time)

Village of Gouverneur

* Assistant Village Administrator (under 5,000 population)

Village of Massena

Senior Motor Equipment MechanicWelders

Village of Potsdam

Draftsperson (Part-time)Head Motor Equipment MechanicWater and Sewer Treatment Plant Mechanics

SCHOOL DISTRICTS

Assistant CooksAttendance Officer (Part-time)BakersBuilding Maintenance Workers-Bus DriversBus Drivers-CleanersBus Drivers-Custodial WorkersBusiness Managers (Part-time)Cook ManagersCustodians (Part-time)Head Motor Equipment MechanicsHead School Bus Driver (Part-time)Licensed Practical Nurses (School)LifeguardsMotor Vehicle OperatorsRegistered Professional Nurses (School)School Auditor (Part-time) (Except Canton Central School and

Norwood-Norfolk Central School)


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SCHOOL DISTRICTS cont’d.School Bus Drivers* School Dentist (Part-time)School District Reporter (Part-time)* School Physician (Part-time)* School Physician's Assistant (Part-time)Senior Bus DriverSenior Food Service ManagersSenior Motor Equipment MechanicStudent AidesSupervisor of Attendance (Part-time)Teachers Aides

BOCES

Educational Interpreters for the Deaf* Labor Relations Specialist

Brasher Falls Central School

Educational Interpreters for the Deaf

Edwards-Knox Central School

Educational Interpreters for the Deaf

Massena Central School

Food Service Coordinator

SPECIAL DISTRICTS

Hospitals

Building Security Worker - Housekeepers ICentral Sterile Supply AssistantsDrug Room Aides (Part-time)Drug Room Director (Part-time)Head Cook* Hospital AdministratorInhalation TherapistLicensed Practical NursesMedical Records Clerks (Part-time)Nurse AnesthetistsRadiologic Technologists (Part-time)Radiologist (Part-time)Respiratory Therapist


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SPECIAL DISTRICTS cont’d.Hospitals

SeamstressSenior CleanersSenior Housekeepers

Clifton-Fine Hospital

* Business Office ManagerLaboratory Technician* Medical Records PractitionerNutrition Services DirectorSenior Laboratory Technician

Massena Electric Department

Apprentice LineworkersChief Lineworkers* Deputy Superintendent of (MED)Electric Meter Serviceworker/ElectriciansFirst Class LineworkersSecond Class Lineworkers

Massena Memorial Hospital

* Hospital TreasurerPhlebotomist


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APPENDIX C - LABOR

ALL CIVIL DIVISIONS

Building Maintenance HelpersCleanersCustodial WorkersDog WardensFirehouse CaretakersFood Service HelpersLaboratory AidesLaborersPrinting AidesRecreation AttendantsSanitary Landfill AttendantsStock Attendants

COUNTY SERVICE

Laborers INutrition Services AidesNutrition Services AssistantsReforestation Laborers

TOWN SERVICE

Library Pages

VILLAGE SERVICE

Library Pages

SCHOOL DISTRICTS

Laundry WorkersSchool Monitors

SPECIAL DISTRICTS

Hospitals

Dietary AttendantsHousekeepers IHousekeepers IINursing AssistantsPhysical Therapy AidesX-Ray Aides

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APPENDIX D - UNCLASSIFIED

ALL CIVIL DIVISIONS

All Elected OfficersAll Members, Officers and Employees of Boards of ElectionsMembers of All Boards and Commissions

COUNTY SERVICE

County AdministratorCounty ClerkCounty Superintendent of HighwaysCounty TreasurerDeputy Clerk to the Board of Legislators (1)District AttorneySecretary to the Board of Legislators (1)Sheriff

TOWN SERVICE

CollectorCouncilmenHighway SuperintendentTown ClerkTown JusticesTown Supervisor

VILLAGE SERVICE

Acting Village JusticeMayorTrusteesVillage ClerkVillage Clerk-TreasurerVillage Justice

SCHOOL DISTRICTS

All positions as certified by the Commissioner of Education ofthe State of New York in accordance with Section 35 (g) and (j)of the Civil Service Law.

rules for the classified civil service of st. lawrence ... · civil service in st. lawrence county...

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