The purpose of these rules is to provide for the employees of the Unified Court System a career and merit system consistent with the Civil Service Law.

Historical Note
Sec. amds. filed: Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1, 1987.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Delegation. All powers and duties of the Chief Administrator of the Courts set forth in this Part may be delegated by the Chief Administrator to any deputy, assistant, administrative judge or court.

(b) Changes in Civil Service Law. The Chief Administrator of the Courts may implement for employees of the Unified Court System, for a period of no greater than six months, procedures consistent with any changes in the Civil Service Law pending formal consideration of these changes through amendments to this Part.

(c) Any provision in this Part requiring the return to a previously held position by an employee on any type of leave of absence shall be deemed to permit the assignment of said employee to any position with the same title in the same promotion unit as the former position.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) The Chief Administrator of the Courts shall have the power to classify and reclassify, and to allocate and reallocate to an appropriate salary grade, all positions in the classified service of the Unified Court System.

(b) The Chief Administrator of the Courts may, in order to implement a plan for the progressive advancement of employees in an occupational group, based on their acquiring, as prescribed by the Chief Administrator, training or experience or both, reclassify the positions of the incumbents who meet the prescribed qualifications to titles allocated to higher salary grades. The advancement of an incumbent pursuant to this subdivision shall not be deemed a reallocation.

(c) The effective date of any classification, reclassification, allocation or reallocation shall be such date as is determined by the Chief Administrator of the Courts. No employee whose salary would be increased by any classification, reclassification, allocation or reallocation shall have any claim for the difference, if any, between his or her former salary and that which he or she should receive as a result of that classification, reclassification, allocation or reallocation for the period prior to the date the change in title or salary grade becomes effective.

(d) Review of classification and allocation. Any nonjudicial employee, employee organization or court administrator directly concerned in any classification or allocation of a position in the Unified Court System may seek review of that classification or allocation by submitting a request, in writing, to the director of personnel of the Unified Court System setting forth the basis of the change requested, together with any supporting papers. The director of personnel shall conduct such inquiry as is necessary and recommend to the Chief Administrator any required adjustments in the classification or allocation. The Chief Administrator shall determine the request for review and shall notify the employee, employee organization or administrator of that determination.

(e) No classification or reclassification of a position of a permanent employee shall diminish any existing salary compensable on an annual basis so long as such position is held by the then permanent incumbent.

Historical Note
Sec. amd. filed April 3, 1972; repealed, new filed Nov. 12, 1976; amd. filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, filed Jan. 15, 1987 eff. Jan. 1, 1987.

The classified service shall comprise all offices and positions in the Unified Court System except justices, judges, county clerks and housing judges appointed pursuant to section 110 of the New York City Civil Court Act. The offices and positions in the classified service of the Unified Court System shall be divided into four classes, to be designated as the exempt class, the noncompetitive class, the labor class and the competitive class. The Chief Administrator of the Courts shall determine the appropriate class for each job title in the Unified Court System.

Historical Note
Sec. amds. filed: July 17, 1978; July 2, 1979; Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1, 1987.

The exempt class shall consist of all offices or positions, other than unskilled labor positions, for the filling of which competitive or noncompetitive examinations may be found by the Chief Administrator of the Courts not to be practicable.

Historical Note
Sec. amds. filed: July 17, 1978; Jan. 15, 1987 eff. Jan. 1, 1987.

The noncompetitive class shall include all positions that are not in the exempt class or the labor class and for which it is found by the Chief Administrator of the Courts not to be practicable to ascertain the merit and fitness of applicants by competitive examination. Appointments to positions in the noncompetitive class shall be made after such noncompetitive examination as is prescribed by the Chief Administrator.

Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1, 1987.

The labor class shall comprise all unskilled laborers in the Unified Court System. The Chief Administrator of the Courts may, where practicable, require applicants for employment in the labor class to meet minimum qualifications and to qualify by examination.

Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982 eff. Jan. 1, 1982.

The competitive class shall include all positions for which the Chief Administrator of the Courts finds it is practicable to determine the merit and fitness of applicants by competitive examination.

Historical Note
Sec. amds. filed: July 17, 1978; Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Whenever the Unified Court System shall acquire a private institution or enterprise for the purpose of operating it as a public function, the Unified Court System may continue the employment of all officers or employees thereof deemed necessary, who shall have been in the employ of such private institution or enterprise for at least one year prior to such acquisition. The positions so held by such employees shall be in the noncompetitive class, pending the jurisdictional classification or reclassification of such positions by the Chief Administrator of the Courts, and such employees shall continue to be employed in similar or corresponding positions and shall have the seniority theretofore held by them as among themselves. The Chief Administrator, however, after notice to any such employee of the reasons therefor, and after according such employee a hearing, may exclude such employee from further employment if found by the Chief Administrator not to be a person of good character.

(b) Not later than one year after the acquisition of such private institution or enterprise, the Chief Administrator of the Courts shall classify or reclassify the various positions. The then incumbents of such positions who are employed therein at the time of the acquisition of the private institution or enterprise and who were so employed for at least one year prior to such acquisition shall continue to hold their positions without further examination and shall have all the rights and privileges of the jurisdictional class to which such positions may be allocated; provided, however, that after such acquisition all new positions thereafter created and vacancies occurring in positions already established shall be filled in accordance with the provisions of this Part.

Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Positions subject to competitive examinations. The merit and fitness of applicants for positions which are classified in the competitive class shall be ascertained by such examinations as may be prescribed by the Chief Administrator of the Courts.

(b) Announcement of examination. The Chief Administrator of the Courts shall issue an announcement of each competitive examination, setting forth the minimum qualifications required, the subjects of examination, and such other information as he or she may deem necessary, and shall advertise such examination in such manner as the nature of the examination may require. Such announcement and advertisement shall each inform prospective applicants of the availability of special accommodations for taking of examinations as provided in subdivisions (g) and (h) of this section.

(c) Applications. The Chief Administrator of the Courts shall require prospective applicants for any positions to file, during a prescribed time, a formal application in which the applicant shall state such information as may reasonably be required regarding his or her background, experience and qualifications for the position sought, and his or her merit and fitness for the public service. The application shall be subscribed by the applicant and shall contain an affirmation by him or her that the statements therein are true, and shall bear a form notice to the effect that false statements made therein are punishable under section 210.45 of the Penal Law. Blank forms of such applications shall be furnished by the Chief Administrator without charge to all persons requesting the same. The Chief Administrator may require in connection with such application such information as the good of the service may require.

(d) Disqualification of applicants or eligibles.

(1) The Chief Administrator of the Courts may refuse to examine an applicant, or after examination to include a candidate on the eligible list, or may remove or restrict from the eligible list, or may refuse to appoint, an applicant or eligible:

(i) who is found to lack any of the established requirements for admission to the examination or for appointment to the position for which he or she applies; or

(ii) who is found to have a physical or mental disability which renders him or her unfit for the performance, with or without reasonable accommodation, of the essential functions of the position in which he or she seeks employment, or which creates a significant risk to the health or safety of the individual or of others that cannot be eliminated with reasonable accommodation; or

(iii) who has been guilty of a crime; or

(iv) who has been dismissed from a permanent position in the public service upon stated written charges of incompetency or misconduct, after an opportunity to answer such charges in writing, or who has resigned from, or whose service has otherwise been terminated in, a permanent or temporary position in the public service, where it is found after appropriate investigation or inquiry that such resignation or termination resulted from his or her incompetency or misconduct; or

(v) who has intentionally made a false statement of any material fact in his or her application; or

(vi) who has practiced, or attempted to practice, any deception or fraud in his or her application, in his or her examination, or in securing eligibility or appointment; or

(vii) who has been dismissed from private employment because of poor performance, incompetency or misconduct; or

(viii) who lacks good moral character; or

(ix) who has a record of disrespect for the requirements and processes of law, including repeated traffic offenses or disregard of summonses for traffic offenses.

(2) No person shall be disqualified pursuant to this subdivision unless he or she has been given a written statement of the reasons therefor and afforded an opportunity to make an explanation and to submit facts in opposition to such disqualification. The applicant shall have the buren of establishing his or her qualifications to the satisfaction of the Chief Administrator of the Courts. Any applicant who refuses to permit the Chief Administrator to investigate matters necessary for the verification of his or her qualifications or who otherwise hampers, impedes or fails to cooperate in such investigation shall be disqualified as set forth in paragraph (1) of this subdivision.

(3) Notwithstanding any other provision of this Part, the Chief Administrator of the Courts may investigate the qualifications and background of an eligible after he or she has been appointed from the list, and upon finding facts which, if known prior to appointment, would have warranted his or her disqualification, or upon a finding of illegality, irregularity or fraud of a substantial nature in his or her application, examination or appointment, may revoke such eligible's certification and appointment and direct that his or her employment be terminated; provided, however, that no such certification shall be revoked or appointment terminated more than three years after it is made, except in the case of fraud.

(e) Application fees. The Chief Administrator of the Courts may require applicants for any positions to pay application and processing fees in a manner and amount prescribed by the Chief Administrator.

(f) Scope of examination. Examinations shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed. The Chief Administrator of the Courts shall establish an eligible list on the basis of ratings received by the candidates in the competitive portions of the examination, and may thereafter conduct medical, physical ability, psychological and other appropriate noncompetitive qualifying tests as required.

(g) Examination of candidates unable to attend tests because of religious observance. A person who, because of religious beliefs, is unable to attend and take an examination scheduled to be held on a day which is a religious holiday observed by such person shall be permitted to take such examination on some other day designated by the Chief Administrator of the Courts at a reasonable comparable time and place without any additional fee or penalty.

(h) Examinations of disabled persons. Where an applicant is not so physically or mentally disabled as to prevent him or her from satisfactorily performing, with or without reasonable accommondation, the essential functions of the position for which her or she is applying, to insure competitive equality between the disabled person and persons not so disabled in connection with interviews and the taking of examinations, the Chief Administrator, upon request, may furnish appropriate auxiliary aids or services and, when necessary, allow additional time for examinations.

(i) Residence requirements for Unified Court System positions. The Chief Administrator of the Courts may prescribe residency requirements for positions in the Unified Court System.

(j) Rating of examinations.

(1) The subjects of an examination shall be given such relative weight as the Chief Administrator of the Courts may prescribe; provided, however, that in a promotion examination, credit granted for seniority and for performance rating, may be applied by the addition of points to the scores earned by passed candidates who have passed all other parts of the examination.

(2) After a candidate's rating has been determined, he or she shall be notified of such rating unless he or she has otherwise been disqualified.

(3) In an examination in which the number of candidates is expected to greatly exceed the number of existing and anticipated vacancies, the Chief Administrator of the Courts may prescribe that the passing mark shall be the lowest grade received among a certain fixed number of candidates graded highest in such examination or in any subject of such examination. Whenever the Chief Administrator shall determine upon such a passing mark in any examination or in any subject of an examination, notice thereof shall be set forth in the announcement of the examination.

(4) The Chief Administrator of the Courts may authorize the use of any professionally recognized examination scoring and conversion methods, taking into consideration the type of examination, the examination difficulty, the size of the applicant population in relation to the number of positions to be filled, labor market conditions, or other factors which can affect the number and quality of eligibles.

(k) Establishment of eligible lists. Every candidate who attains a passing mark in an examination as a whole and who meets the standards prescribed, if any, for separate subjects or parts of subjects of the examination shall be eligible for appointment to the position for which he or she was examined, and his or her name shall be entered on the eligible list in the order of his or her final rating; but if two or more eligibles receive the same final rating in the examination, they shall be ranked in accordance with such uniform, impartial procedure as may be prescribed therefor by the Chief Administrator of the Courts.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987; July 18, 1996 eff. June 28, 1996. Amended (d), (f), (h).

The Chief Administrator of the Courts may conduct an open competitive examination for filling a vacancy or vacancies instead of a promotion examination. Any employee or employee organization may submit to the Chief Administrator a request, in writing, for a promotion examination, rather than an open competitive examination, stating the reasons why it is practicable and in the public interest to fill the vacancy by promotion examination.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Filling vacancies by promotion. Except as provided in section 25.14 of this Part, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding, at the time of the examination for promotion or at the time of appointment, competitive class positions on a permanent basis in a lower title in the promotion unit in which the vacancy exists, provided that such lower-titled positions are in direct line of promotion, as determined by the Chief Administrator of the Courts; except that where the Chief Administrator determines that it is impracticable or against the public interest to limit eligibility for promotion to persons holding lower-titled positions in direct line of promotion, the Chief Administrator may extend eligibility for promotion to persons holding competitive class positions in lower titles which the Chief Administrator determines to be in related or collateral lines of promotion, or in any comparable positions in the Unified Court System. The Chief Administrator may prescribe minimum training and experience qualifications for eligibility to take a promotion examination and for promotion.

(b) Factors in promotion. Promotion shall be based on merit and fitness as determined by examination, due weight being given to seniority. The previous training and experience of the candidates, and performance ratings where available, may be considered and given due weight as factors in determining the relative merit and fitness of candidates for promotion.

(c) Promotion eligibility of persons on preferred lists and employees on leave of absence. Any employee who has been suspended from his or her position through no fault of his or her own and whose name is on a preferred list, and any employee on leave of absence from his or her position, shall be allowed to compete in a promotion examination for which he or she would otherwise be eligible on the basis of his or her actual service before suspension or leave of absence.

(d) General and promotion unit eligible lists. Promotion examinations may be held for such subdivisions of the Unified Court System as the Chief Administrator may determine to be appropriate promotion units. No general promotion eligible list shall be certified for any promotion unit until after the promotion unit eligible list for that promotion unit has been exhausted.

(e) Promotion by noncompetitive examination.

(1) Whenever there are no more than three persons eligible for examination for promotion to a vacant competitive class position, or whenever no more than three persons file applications for examination for promotion to such position, one of such persons may be nominated and, upon passing an examination appropriate to the duties and responsibilities of the position, may be promoted. Any person who is nominated for noncompetitive examination for promotion to such position and who fails to pass two examinations for such promotion shall not thereafter be eligible for employment in such position, except by appointment or promotion from an eligible list established following competitive examination.

(2) An examination may be waived for noncompetitive promotion where the nominee has already qualified in an examination appropriate to the duties and responsibilities of the position.

(f) Limitation upon promotion. No person shall be promoted to a position or title for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position or title held by such person unless he or she has passed the examination and is eligible for appointment to such higher position or title.

(g) Credit for provisional service. No credit in a promotion examination shall be granted to any person for any time served as a provisional appointee in the position to which promotion is sought or in any similar position; provided, however, such provisional appointee by reason of such provisional appointment shall receive credit in his or her permanent position from which promotion is sought for such time served in such provisional appointment.

(h) Extension of promotion examinations. Notwithstanding any other provision in this Part, the Chief Administrator of the Courts may, for designated titles:

(1) extend to employees in the Unified Court System who are holding or who have held a position in the noncompetitive, exempt or labor class of such service, the same opportunity as employees in the competitive class to take promotion examinations (i) if said employees in the past have held qualifying competitive class positions for that examination on a permanent basis, or (ii) if such examinations are to be held in conjunction with open competitive examinations; and

(2) extend to employees in the Unified Court System who are holding or who have held a position in the noncompetitive class pursuant to the provisions of section 25.16(b) of this Part, or to disabled veterans of the Vietnam era as defined in section 85 of the Civil Service Law, the same opportunities to take promotion examinations as provided to employees in the competitive class.

(i) Appointment or promotion to noncompetitive or exempt positions from competitive positions. An employee holding a permanent position in the competitive class who accepts an appointment or promotion to a position in the noncompetitive or exempt class, and to any successive positions in either of those classes, shall be eligible to return to his or her former competitive class position, in the manner provided herein, upon termination of employment in the noncompetitive or exempt position for reasons other than misconduct or incompetency. Upon such termination, and upon request, the name of the employee shall be placed on a preferred list for his or her former position pursuant to section 25.31 of this Part, and the employee shall be eligible for reinstatement from such preferred list for a period of four years.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987; June 17, 1987 eff. May 28, 1987. Added (i).

(a) It is the policy of the New York State Unified Court System to ensure equal employment opportunity for all employees and applicants for employment, without regard to race, color, national origin, religion, creed, sex (including freedom from sexual harassment), sexual orientation, age, marital status, disability, or, in certain circumstances, prior criminal record. No person shall be prevented from qualifying for employment in any position in the Unified Court System because of any of these factors, unless these factors are bona fide occupational qualifications.

(b) The Chief Administrator of the Courts may determine up to 100 positions in the competitive class with duties such as can be performed by physically or mentally disabled persons who are found otherwise qualified to perform satisfactorily the duties of any such position. Upon such determination, the position shall be classified in the noncompetitive class, and may be filled only by persons who shall have been certified by an appropriate agency as being either physically or mentally disabled, but capable of performing the duties of such positions.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996.

The duration of an eligible list shall be fixed at not less than one nor more than four years, provided that:

(a) where vacancies cannot be filled from an eligible list because of restrictions on filling vacancies based upon a financial emergency, the Chief Administrator of the Courts may extend the duration of that eligible list up to a period equal to the length of such restriction against the filling of vacancies; and

(b) in exceptional circumstances and where an examination already has been scheduled for a title, the Chief Administrator may extend the duration of an eligible list for that title up to the date of the certification of the new eligible list resulting from that examination, but in no event for more than one year.

An eligible list that has been in existence for one year or more shall terminate upon establishment of an appropriate new list, unless otherwise prescribed by the Chief Administrator.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new added by renum. and amd. 25.19, filed Jan. 15, 1987 eff. Jan. 1, 1987.

The Chief Administrator of the Courts may establish a continuing eligible list for any class of positions for which inadequate numbers of qualified persons are found available for recruitment or appointment. Names of eligibles shall be inserted in such list from time to time as applicants are tested and found qualified in examinations held at such intervals as may be prescribed by the Chief Administrator. Such successive examinations shall, so far as practicable, be constructed and rated so as to be equivalent tests of the merit and fitness of candidates. The name of any candidate who passes any such examination and who is otherwise qualified shall be placed on the continuing eligible list in the rank corresponding to his or her final rating on such examination. The period of eligibility of successful candidates for certification and appointment from such continuing eligible list, as a result of any such examination, shall be fixed by the Chief Administrator but, except as a list may reach an announced terminal date, such period shall not be less than one year; nor shall such period of eligibility exceed four years, except as provided in section 25.17 of this Part. Subject to such conditions and limitations as the Chief Administrator may prescribe, a candidate may take more than one such examination; provided, however, that no such candidate shall be certified simultaneously with more than one rank on the continuing eligible list. With respect to any candidate who applies for and is granted additional credit in any such examination as a disabled or nondisabled veteran, and for the limited purpose of granting such additional credit, the eligible list shall be deemed to be established on the date on which his or her name is added thereto.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new added by renum. and amd. 25.20, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Certification of eligibles from prior list. When an eligible list has been in existence for less than one year and contains the names of fewer than three persons willing to accept appointment, and a new list for the same position or group of positions is established, the names of the persons remaining on the old list shall have preference in certification over the new list until such old list is one year old, and during such period such names shall be certified along with enough names from the new list to provide the appointing officer with a sufficient number of eligibles from which selection for appointment may be made. Where an old list which has been in existence for one year or more is continued upon the establishment of a new list which contains fewer than three names, the Chief Administrator of the Courts may certify the names on the old list along with enough names from the new list to provide the appointing officer with a sufficient number of eligibles from which selection for appointment may be made.

(b) Certification on basis of sex. The Chief Administrator may limit certification from an eligible list to one sex when the duties of the position involved require sex selection as a bona fide occupational qualification.

(c) Certification of lists for court positions.

(1) Certifications for appointments to positions in the court service, regardless of the location thereof, shall be made from statewide lists of eligibles.

(2) The Chief Administrator of the Courts shall determine the eligible list most nearly appropriate for the position to be filled, and shall certify a sufficient number of eligibles from which selection for appointment may be made. When the name of any eligible is included in a certification for appointment, the names of all other eligibles on the list having the same final rating as such eligible shall likewise be included in such certification.

(3) When an eligible is canvassed for or is offered appointment in writing, and fails to state his or her willingness to accept such appointment within seven business days after the mailing of such canvass or offer, or before the end of the second succeeding business day if such canvass or offer is sent by telegram or express mail, he or she may be considered as ineligible for purposes of making selection for such particular appointment.

(4) The name of any eligible who fails to reply to an offer of or canvass for appointment, or who declines or indicates unwillingness to accept appointment, or who fails to report for work after accepting an offer of appointment, may be withheld from further certification from the eligible list. The name of such eligible may again be certified upon his or her request, and the submission by such eligible of reasons satisfactory to the Chief Administrator for declination or failure to reply or to accept appointment or to report to work.

Historical Note
Sec. amds. filed: Feb. 2, 1982; Oct. 22, 1986; renum. 25.17, new added by renum. and amd. 25.21, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Appointment or promotion from eligible lists.

(1) Appointment or promotion from an eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the Chief Administrator of the Courts as standing highest on such eligible list who are willing to accept such appointment or promotion; provided, however, that where it is necessary to break ties among eligibles having the same final examination ratings in order to determine their respective standings on the eligible list, appointment or promotion may be made by the selection of any eligible whose final examination rating is equal to or higher than the final examination rating of the third highest standing eligible willing to accept such appointment or promotion. Appointments and promotions shall be made from the eligible list most nearly appropriate for the position to be filled. Persons on a certified eligible list who are considered and not selected for appointment or promotion pursuant to this paragraph shall, whenever another candidate is appointed or promoted, be given written notice of such nonselection.

(2) Whenever a vacancy exists in a competitive class position and an open competitive examination does not result in an eligible list containing the names of at least three persons willing to accept appointment, a person may be nominated for noncompetitive examination for such position. If such nominee shall be certified by the Chief Administrator as qualified, he or she may be appointed to fill such vacancy. The Chief Administrator also may designate an eligible list as a continuing eligible list in accordance with section 25.18 of this Part.

(b) Prohibition against out-of-title work. No person shall be appointed, promoted or employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he or she has been duly appointed, promoted, transferred, reassigned or reinstated to such position in accordance with the provisions of this Part. No credit shall be granted in a promotion examination for out-of-title work.

(c) Trainee appointments. The Chief Administrator may require that permanent appointments or promotions to designated positions shall be conditioned upon the satisfactory completion of a term of service as a trainee in such a position or in an appropriate, lower, training title or the completion of specified training or academic courses, or both. Upon the satisfactory completion of such training term, and of specified courses if required, an appointee shall be entitled to full permanent status in the position for which appointment was made. Any appointment hereunder shall be subject to such probationary period as is prescribed in this Part. The employment of such person may be discontinued at the end of the term of training service if his or her conduct, capacity or fitness is not satisfactory, or at any time if he or she fails to pursue or continue satisfactorily such training or academic courses as may be required.

(d) Seasonal positions.

(1) Positions in the competitive class where the nature of service is such that it is not continuous throughout the year, but recurs in each successive year, except as herein otherwise provided, shall be designated as seasonal positions and shall be subject to the provisions of this Part applicable generally to positions in such class. Upon the expiration of the employment season, the names of all persons employed in such seasonal positions shall be entered upon a seasonal reemployment list in the order of their first appointment to the title vacated by them at the expiration of such employment season. Such seasonal reemployment list shall be certified at the commencement of or during the next employment season, and the persons whose names appear thereon as still qualified shall be entitled to reemployment in such positions in the order in which their names appear on such list. Any person may be reexamined with respect to physical fitness for the performance of the duties of the position, and may be disqualified for reemployment in the same manner and for any of the reasons applicable to the disqualification of an eligible on an eligible list resulting from open competitive examination.

(2) The name of any person on such list who is not reached for reemployment shall remain on such list and shall be certified, in the order of the date of his or her first appointment to such position, during subsequent employment seasons; provided, however, that the eligibility for reemployment of any such person shall not continue for a period longer than three years from the date of his or her separation from such seasonal employment. A seasonal reemployment list shall not be deemed to be a preferred list.

(3) Where a vacancy occurs in a full-time position having a title and duties similar to those of a seasonal position and for which no appropriate open competitive eligible list is available, it may be filled by selection from among seasonal employees. For that purpose, the Chief Administrator of the Courts may certify, to fill such vacancy, the names of persons holding comparable seasonal positions in the order of their dates of original appointment in such positions or, if the vacancy occurs at a time other than during the employment season, the appropriate seasonal reemployment list. In such case, appointment shall be made by the selection of a person whose date of original appointment to the seasonal position is the same as or earlier than the date of original appointment of the third highest standing person certified who indicates willingness to accept such appointment.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.18, new added by renum. and amd. 25.22, filed Jan. 15, 1987 eff. Jan. 1, 1987.

Every person employed by the Unified Court System, except an employee in the labor class, before he or she shall be entitled to enter upon the discharge of any of his or her duties, shall take and file an oath or affirmation in the form and language prescribed by the Constitution for executive, legislative and judicial officers, which may be administered by any officer authorized to take the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed. In lieu of such oath administered by an officer, an employee may comply with the requirements of this section by subscribing and filing the following statement: "I do hereby pledge and declare that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the position of . . . according to the best of my ability." Such oath or statement shall be required only upon original appointment or upon a new appointment following an interruption of continuous service, defined in section 25.30(b) of this Part, and shall not be required upon promotion, demotion, transfer, or other change of title during the continued service of the employee, or upon reinstatement, pursuant to law or rules, of an employee whose services have been terminated and whose last executed oath or statement is on file. The oath of office heretofore taken by any employee as previously required by law, and the oath of office hereafter taken or statement hereafter subscribed by any employee pursuant to this section, shall extend to and encompass any position or title in which such person may serve as an employee during the period of his or her continuous service following the taking of such oath or subscribing of such statement, and his or her acceptance of such new title shall constitute a reaffirmance of such oath or statement. The oath or statement of every employee of the Unified Court System shall be filed in the administrative office for the courts. The refusal or willful failure of such employee to take and file such oath or subscribe and file such statement shall terminate his or her employment until such oath shall be taken and filed, or statement subscribed and filed, as herein provided.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.19, new added by renum. and amd. 25.23, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Probationary term.

(1) Except as otherwise provided every permanent appointment from an open competitive list and every original appointment to the noncompetitive, exempt or labor class shall be subject to a probationary term of not less than 26 nor more than 52 weeks. This probationary term also shall apply to each appointment to a position in which the appointee is not under the regular supervision of the appointing authority until the completion of prescribed schooling or off-the-job training; provided, however, that such probationary term, in this case, shall commence after the successful completion of such training.

(2) Except as otherwise provided, every promotion to a position shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks. For the purposes of this subdivision, the term promotion shall include the appointment of an employee to a higher-grade position in the noncompetitive, exempt or labor class.

(3) Every transfer and reassignment, as defined in section 25.26 of this Part, to a position shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks, provided, however, (i) that this paragraph shall apply to a reassignment only where the reassignment is to a court under the supervision of a different Administrative Judge, and (ii) that the appointing authority having jurisdiction over a position to which transfer or reassignment is sought may elect to waive the probationary term required for such position.

(4) The Chief Administrator of the Courts may establish, for specified titles, shorter periods of probation for promotions, transfers and reassignments than those set forth in paragraphs (2) and (3) of this subdivision.

(5)

(i) An appointment, promotion, transfer or reassignment shall become permanent upon the retention of the probationer after completion of the maximum period of service of the probationary term or upon earlier written notice, following completion of the minimum period, that the probationary term is successfully completed, or, in the case of a transfer or reassignment, upon written notice that the appointing authority has elected to waive the serving of the probationary term.

(ii) If the conduct or performance of a probationer is not satisfactory, his or her employment from such position may be terminated at any time after eight weeks and before completion of the maximum period of service, provided that the appointing authority may, in his or her discretion, and with notice to the probationer prior to the end of the probationary term, extend the probationary period for an additional term of not less than 12 nor more than 26 weeks in a different assignment, in which case the appointment may be made permanent at any time after completion of 12 weeks of service, or the employment terminated at any time after the completion of eight weeks of service, and on or before the completion of 26 weeks of service.

(iii) The probationer's supervisor shall carefully observe the probationer's conduct and performance and, at least two weeks prior to the end of the probationary term, shall report thereon in writing to the appointing authority or his or her designee. The supervisor shall also, from time to time during the probationary term, advise the probationer of his or her status and progress. A probationer whose services are to be terminated for unsatisfactory service shall receive written notice at least one week prior to such termination and, upon request, shall be granted an interview with the appointing authority or his or her representative.

(b) Trainee appointment or promotion. The probationary term for a trainee appointment or trainee promotion shall coincide with the term of training service. If the conduct or performance of the probationer is not satisfactory, his or her employment may be terminated at any time after the completion of a specified minimum period of service and on or before the completion of the term of training service. Such specified minimum period of service, unless otherwise prescribed in the announcement of examination, shall be eight weeks.

(c) Transfers and reassignments. A probationer shall be eligible for transfer or reassignment, provided, however, that upon such transfer or upon a reassignment requiring service of a probationary period, he or she shall serve a complete probationary period in the new position in the same manner and subject to the same conditions as required upon his or her employment in the position from which transfer or reassignment is made.

(d) Leave of absence. When a permanent employee is promoted, transferred or reassigned to a position in which he or she is required to serve a probationary term, the position thus vacated shall not be filled during such probationary term except on a temporary basis or by an appointment made pursuant to section 25.24 of this Part. The employee so promoted, transferred or reassigned shall be deemed to be on leave of absence from the vacated position. At any time during such probationary term, the employee shall have the right, upon reasonable notice, to return to his or her previous position at his or her own election. If the conduct or performance of the probationer is not satisfactory, the probationer shall be restored to his or her former permanent position.

(e) Reinstatement. An employee who is reinstated to a position in accordance with section 25.28 of this Part shall serve a new probationary period in the same manner and subject to the same requirements as apply upon original appointment to such position, unless otherwise provided by the Chief Administrator of the Courts.

(f) Absence during probationary term. Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term, or aggregating up to 20 workdays if the maximum term exceeds 26 weeks, may, in the discretion of the appointing authority, be considered as time served in the probationary term. Any such periods of absence not so considered by the appointing authority as time served in the probationary term, and any periods of absence in excess of periods considered by the appointing authority as time served in the probationary term pursuant to this subdivision, shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of absence which, pursuant to this subdivision, are not counted as time served in the probationary term.

(g) Restoration to eligible list. A probationer whose employment is terminated, or who resigns, before the end of his or her probationary term may request that his or her name be restored to the eligible list from which he or she was appointed, provided such list is still in existence. The probationer's name may be restored to such list if the Chief Administrator, after due inquiry, determines that the probationer's service was such that he or she should be given another opportunity for appointment.

(h) Service in higher-level position. When an employee who has not completed his or her probationary term is appointed to a higher-level position, the period of service rendered by such employee in such higher-level position may, in the discretion of the appointing authority, be considered as satisfactory probationary service in the lower position and may be counted as such in determining the satisfactory completion of such probationary term. At any time after the expiration of the minimum period of the probationary term, or the entire probationary term if it be one of fixed duration, the appointing authority shall, on request of such probationer, furnish a decision in writing as to whether or not service in such higher-level position shall be considered as satisfactory probationary service. In the event of an adverse decision by the appointing authority, such probationer, at his or her request, shall be returned to the lower position for sufficient time to permit the probationer to complete his or her probationary term. The employment of such a probationer in his or her lower position shall not be terminated at the end of the probationary term on account of unsatisfactory service unless he or she shall have actually served in such position, in the aggregate, at least a period of eight weeks.

(i) Removal during probationary term. Nothing contained in this section shall be construed to limit or otherwise affect the authority to remove a probationer at any time during the probationary term for job abandonment pursuant to the provisions of section 25.28(e) of this Part, or for incompetency or misconduct.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.20, new filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996. Amended (a), (c)-(d), (h).

(a) Temporary appointments authorized; duration. A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. A temporary appointment may be made for a period exceeding three months under the following circumstances only:

(1) When an employee is on leave of absence from his or her position, a temporary appointment to such position may be made for a period not exceeding the authorized duration of such leave of absence as prescribed by statute or rule.

(2) A temporary appointment may be made for a period not exceeding six months when it is found by the appointing authority, upon due inquiry, that the position to which such appointment is proposed will not continue in existence for a longer period; provided, however, that where a temporary appointment is made to a position originally expected to exist for no longer than six months and it subsequently develops that such position will remain in existence beyond such six-month period, such temporary appointment may be extended for a further period not to exceed an additional six months.

(b) Temporary appointments upon abolition of positions. When a reduction or abolition of positions in the Unified Court System is planned or imminent and such reduction or abolition of positions will probably result in the suspension or demotion of permanent employees, the appointing authority may make temporary instead of permanent appointments for a period not exceeding one year in positions in the Unified Court System to which permanent employees to be affected by such abolition or reduction of positions will be eligible for transfer or reassignment. Successive temporary appointments shall not be made to the same position after the expiration of the authorized period of the original temporary appointment to such position.

(c) Temporary appointments from eligible lists.

(1) A temporary appointment for a period not exceeding three months may be made without regard to existing eligible lists.

(2) A temporary appointment for a period exceeding three months, but not exceeding six months may be made by the selection of a person from an appropriate eligible list, without regard to the relative standing of such person on such list.

(3) Any further temporary appointment beyond such six-month period, or any temporary appointment originally made for a period exceeding six months shall be made by the selection of an appointee from among those graded highest on an appropriate eligible list in accordance with section 25.20(a) of this Part.

(d) Temporary appointments without examination in exceptional cases. Notwithstanding any other provision of this section, the appointing authority may authorize a temporary appointment, without examination, when the person appointed will render professional, scientific, technical or other expert services on an occasional basis or 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 18 months. Such appointment may be authorized only in a case where, because of the nature of the services to be rendered and the temporary or occasional character of such services, it would not be practicable to hold an examination of any kind.

(e) Emergency appointments. When an emergency requires that a position be filled pending appointment from a list or after noncompetitive examination, the appointing authority may fill the vacancy. Such appointment shall not continue longer than one month without a continuance by the appointing authority.

(f) Effect of temporary appointment on eligibility for permanent appointment. The acceptance by an eligible of a temporary appointment shall not affect his or her standing on the eligible list for a permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in that position in the event of subsequent permanent appointment.

(g) Temporary or provisional appointment or promotion of permanent employee. When a permanent competitive class employee is given a temporary or provisional appointment or promotion to another competitive class position, he or she shall be deemed to be on leave of absence from his or her permanent position for the period of his or her service under such temporary or provisional appointment or promotion. He or she shall be entitled to return to his or her permanent position upon the termination of such temporary or provisional service. An employee who voluntarily elects to relinquish his or her temporary or provisional status and return to his or her permanent position shall give reasonable notice thereof to the appointing authority.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.21, new added by renum. and amd. 25.25(a)-(g), filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) A permanent employee apointed or promoted to a position in a higher title, which is left temporarily vacant by the leave of absence of the permanent incumbent, may, in the discretion of the appointing authority, be appointed or promoted with contingent permanent status in such position, provided that at the time of such appointment or promotion, such employee must have qualified by examination and either be eligible for noncompetitive promotion to such higher-titled position or his or her name must be among the three highest ranking eligibles on an existing list for such higher-titled position who are willing to accept contingent permanent appointment or promotion to such position exclusive of eligibles already appointed or promoted to a similar position on a permanent basis or on a contingent permanent basis.

(b) An employee holding a position on a contingent permanent basis shall have the following rights and be subject to the following conditions:

(1) Unless separated from service, such employee shall be deemed to be on leave of absence from his or her lower-titled position until he or she either returns to such lower-titled position or gains full permanent status in his or her higher-titled position or any higher-titled position.

(2) Such employee may, at his or her election and after reasonable notice, be restored to his or her lower-titled position at any time during such leave of absence, and shall be restored to such position if required in accordance with other provisions of this Part upon the return of the permanent incumbent to his or her or another similar higher-titled position.

(3) His or her contingent permanent status shall not adversely affect or impair eligibility for certification from the eligible list for permanent appointment or promotion to such permanent vacancies as may occur in other similar positions.

(4) He or she shall be deemed to hold such position on a permanent basis for the purposes of section 25.29 of this Part, or under an agreement negotiated pursuant to article 14 of the Civil Service Law, and for purposes of section 25.30(a) of this Part.

(5) For purposes of salary rights and benefits, he or she shall be deemed to hold such position on a permanent basis.

(6) For purposes of subsequent examinations, either open competitive or promotion, service in a position with contingent permanent status shall be counted in the same manner as though it were service on a permanent basis. If such employee received a contingent permanent appointment or promotion as a result of receiving additional credits in an examination as a veteran, he or she shall not be entitled to such credits in any subsequent examination for a higher-titled position for which he or she would not otherwise be eligible without such contingent permanent status.

(7) In the event that return from leave of one or more permanent incumbents or other circumstances necessitates termination of the appointment or promotion of one or more incumbents not having permanent status, such termination shall be made among such incumbents in the unit for suspension or demotion designated pursuant to section 25.30(d) of this Part, wherein such return of permanent incumbents or other circumstances occurs. Incumbents having contingent permanent status shall have preference in retention in their positions or similar positions over temporary incumbents not having such status. If the return of permanent incumbents or other circumstances necessitates termination of the appointment or promotion of incumbents having contingent permanent status, such termination shall be made in the inverse order of date of acquisition of contingent permanent status.

(8) If a permanent vacancy occurs in a position then held by an incumbent having contingent permanent status therein, such vacancy shall be filled by selection by the appointing authority of one of such employees of the promotion unit having such contingent permanent status in such position or a similar position (whether or not he or she is then serving under contingent permanent appointment or promotion in such position); provided, however, that if any such employee has acquired such contingent permanent status by appointment or promotion from an eligible list still in existence, he or she may not be selected for permanent appointment or promotion unless he or she is then reachable for permanent appointment or promotion from such eligible list.

(9) If a permanent vacancy occurs in a position not then held by an incumbent having contingent permanent status therein, such vacancy may be filled without regard to the provisions of this section; or if one or more employees in the promotion unit have contingent permanent status in the same title, the appointing authority may, in his or her discretion, elect to fill such position in the manner provided in paragraph (8) of this subdivision.

(c) Nothing herein shall be construed to limit or adversely affect the right of eligibility for reinstatement of any person from a preferred list as provided in section 25.31 of this Part.

(d) Notwithstanding the provisions of subdivision (a) of this section, an employee may obtain contingent permanent status upon appointment from an open competitive eligible list, in accordance with section 25.20(a) of this Part, to a position which is left temporarily vacant by the leave of absence of the permanent incumbent. An employee obtaining contingent permanent status pursuant to this subdivision shall have the rights and be subject to the conditions set forth in subdivision (b) of this section.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new added by renum. and amd. 25.25(h), filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996. Amended (b)(4).

(a) Provisional appointments authorized. Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the appointing authority may appoint provisionally to fill such vacancy a person who qualifies by noncompetitive examination until a selection and appointment can be made after competitive examination. Such noncompetitive examination may consist of a review and evaluation of the training, experience and other qualifications of the nominee, without written, oral or other performance tests.

(b) Time limitation on provisional appointments. No provisional appointment shall continue for a period in excess of nine months. The Chief Administrator of the Courts shall order a competitive civil service examination for any position held by provisional appointment for a period of one month. Such an examination shall be conducted, as soon as practicable thereafter, to prevent the provisional appo