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 filed Feb. 2, 1982; repealed, filed Jan. 15, 1987 eff.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 filed: April 3, 1972; Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff.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 appointment from continuing for a period in excess of nine months.

(c) Termination of provisional appointments. A provisional appointment to any position shall be terminated within two months following the establishment of an appropriate eligible list for filling vacancies in such positions; provided, however, that where there are a large number of provisional appointees to be replaced by permanent appointees from a newly established eligible list, and the appointing authority deems that the termination of the employment of all such provisional appointees within two months following establishment of such list would disrupt or impair essential public services, the appointing authority may terminate the employment of various numbers of such provisional appointees at stated intervals; provided, however, that the employment of any such provisional appointee shall not be continued longer than four months following the establishment of such eligible list.

(d) Successive provisional appointments. Successive provisional appointments shall not be made to the same position after the expiration of the authorized period of the original provisional appointment to such position; provided, however, that where an examination for a position or group of positions fails to produce a list adequate to fill all positions then held on a provisional basis, or where such list is exhausted immediately following its establishment, a new provisional appointment may be made to any such position remaining unfilled by permanent appointment, and such new provisional appointment may, in the discretion of the appointing authority, be given to a current or former provisional appointee in such position, except that a current or former provisional appointee who becomes eligible for permanent appointment to any such position shall, if he or she is then to be continued in or appointed to any such position, be afforded permanent appointment to such position.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.23-25.24, new added by renum. and amd. 25.26, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Definitions. Unless otherwise expressly stated or unless the context requires a different meaning, the following terms as used in this section shall be construed as set forth herein:

(1) The term reassignment means the change, without further examination, of a permanent employee from his or her present permanent title, position and location to another similar position in the same promotion unit.

(2) The term transfer means the change, without further examination, of a permanent employee from his or her present permanent title, position and location within one promotion unit to a similar position within another promotion unit.

(b) General provisions.

(1) Except as provided in subdivision (e) of this section, no employee shall be transferred to a position for which there is required by this Part an examination involving essential tests or qualifications different from or higher than those required for the position held by such employee.

(2) The Chief Administrator of the Courts and the State and municipal civil service commissions may adopt rules governing transfers between positions in their respective jurisdictions and may also adopt reciprocal rules providing for the transfer of employees from one governmental jurisdiction to another.

(3) No employee shall be transferred without his or her consent, except upon the transfer of functions as provided in this section.

(4) A transfer may not be made to a position for which a preferred list exists containing the name of an eligible willing to accept reinstatement to such position, unless the vacancy created by such transfer is in the same geographical area as the position to which transfer is made and such eligible is simultaneously offered reinstatement to such vacancy.

(5) A transfer may be made only if the position to which transfer is sought is at the same or substantially the same or a lower salary level than the position from which transfer is sought.

(6) Every transfer shall require the approval of the Chief Administrator.

(7) A person appointed to a position in the Unified Court System in any particular court or court agency may not, during the life of the eligible list from which he or she was appointed or for at least one year, whichever is longer, be transferred or reassigned to a similar position in another court or court agency unless he or she is reachable for appointment to such other position from such eligible list, except under a reassignment program approved by the Chief Administrator.

(c) Transfer of personnel upon transfer of functions. Upon the transfer of a function from a department or agency of the State or from a civil division of the State to the Unified Court System, or vice versa, provision shall be made for the transfer of necessary employees. Employees so transferred shall be transferred without further examination or qualification, and shall retain their respective civil service or court service classifications and status. For the purpose of determining the employees holding permanent appointments in competitive class positions to be transferred, such employees shall be selected within each class of positions in the order of their original appointment, with due regard to the right of preference in retention of disabled and nondisabled veterans. All employees so transferred shall, thereafter, be subject to the rules of the Chief Administrator of the Courts or the civil service commission having jurisdiction over the agency to which transfer is made. Employees holding permanent appointments in competitive class positions who are not so transferred shall have their names entered upon an appropriate preferred list for reinstatement to the same or similar positions in the service of the governmental jurisdiction from which transfer is made and in the office or agency to which such function is transferred. Employees transferred to another governmental jurisdiction pursuant to the provisions of this subdivision shall be entitled to full seniority credit for all purposes for service rendered prior to such transfer in the governmental jurisdiction from which transfer is made.

(d) Transfers between Unified Court System positions and State or local positions.

(1) A transfer may be made between positions in the Unified Court System and positions in the State service or in the service of a civil division, provided the prospective transferee meets all of the requirements, if any, applicable to the position to which transfer is sought.

(2) A transfer pursuant to this subdivision shall require the approval of the Chief Administrator of the Courts and the State Department of Civil Service or the municipal civil service commission having jurisdiction over the position to or from which transfer is made.

(e) Transfer and change of title. Notwithstanding the provisions of subdivision (b) of this section or any other provision of law, any permanent employee in the competitive class who meets all the requirements for a competitive examination, and is otherwise qualified as determined by the Chief Administrator, shall be eligible for participation in a noncompetitive examination in a different position classification, provided, however, that such employee is holding a position deemed to be of a comparable level.

Historical Note
Sec. amds. filed: April 3, 1972; March 27, 1980; Feb. 2, 1982; renum. 25.25, new added by renum. and amd. 25.27, filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996.

(a) When there is reason to believe that an employee to whom the disciplinary procedures of section 25.29 of this Part apply is physically or mentally disabled from performing, with or without reasonable accommodation, the essential functions of his or her position, the appropriate administrative authority may require such employee to undergo a physical or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrator, to establish whether he or she is able to perform, with or without reasonable accommodation, the essential functions of his or her position or whether his or her continued presence on the job creates a significant risk to the health or safety of the individual or of others that cannot be eliminated with reasonable accommodation. For purposes of this section, the appropriate administrative authority shall be the designating authority set forth in section 25.29(b) of this Part. If, upon such medical examination, the medical officer certifies that either condition exists, the employee shall be placed on leave of absence without pay subject to the provisions of subdivision (c) of this section. An employee placed on such leave shall be allowed to draw accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his or her credit prior to being placed on such leave. An employee who chooses to draw his or her accumulated leave credits under this section shall cease to earn and accrue sick and annual leave credits during that period.

(b) When an employee who is not permanently incapacitated from performing the duties of his or her position has been absent from and unable to perform the duties of his or her position by reason of sickness or disability either for a consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months, and who reasonably cannot be expected to be able to resume performing, with or without reasonable accommodation, the essential functions of his or her position shortly thereafter, his or her employment may be terminated by the appropriate administrative authority and the position may be filled by a permanent appointment.

(c) Prior to being placed on leave pursuant to subdivision (a) of this section, or terminated pursuant to subdivision (b), an employee shall be provided with written notice thereof, including written notice of the facts relied on therefor and written notice of the employee's right to contest the determination and of the procedures for doing so. Such notice shall be served in person or by first class, registered or certified mail, return receipt requested, upon the employee. If such person elects to contest the determination, he or she shall file a written request for a hearing with the appropriate administrative authority within 10 workdays from service of the notice of the determination to be reviewed. The request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. Upon receipt of such request, the appropriate administrative authority shall supply to the employee, or his or her personal physician or authorized representative, copies of all diagnoses, test results, observations and other data supporting the determination, and imposition of the leave or termination shall be held in abeyance until a final determination is made by the appropriate administrative authority as provided in subdivision (d) of this section.

(d) A hearing shall be held by a hearing officer designated for that purpose by the appropriate administrative authority. The hearing officer shall be vested with all the powers of the administrative authority and shall make a record of the hearing which shall, with his or her recommendation, be referred to the administrative authority for review and decision and which shall be provided to the employee free of charge. The employee shall, upon request, receive a copy of the transcript of the hearing without charge. The employee may be represented at the hearing by counsel or an authorized representative and may present medical experts and other witnesses or evidence. The burden of proving mental or physical unfitness shall be upon the administrative authority. Compliance with technical rules of evidence shall not be required. The administrative authority shall render a final determination and may either uphold the original notice of leave of absence, withdraw such notice or modify the notice as appropriate. A final determination of an employee's request for review shall contain notice to the employee of his or her right to appeal from such determination and of the procedures for perfecting such appeal.

(e) If the employee elects to appeal, he or she shall make application to the Chief Administrator. The employee shall be afforded an opportunity to present facts and arguments, including medical evidence, in support of his or her position at a time and place and in such manner as may be prescribed by the Chief Administrator. The Chief Administrator shall make a determination on the basis of the medical records and such facts and arguments as are presented.

(f) An employee placed on leave pursuant to this section may, within one year of the commencement of such leave, make application to the appropriate administrative authority for a medical examination to be conducted by a medical officer selected for the purpose by the Chief Administrator. If, upon such medical examination, the medical officer shall certify that the employee is physically and mentally fit to perform, with or without reasonable accommodation, the essential functions his or her former position, he or she shall be reinstated to the former position, if vacant, or to a vacancy in a similar position or a position in a lower title in the same occupational field in his or her former promotion unit. If no appropriate vacancy shall exist to which such reinstatement may be made, or if the work load does not warrant the filing of such vacancy, the name of the employee shall be placed on a preferred list for his or her former position in his or her former promotion unit, and the employee shall be eligible for reinstatement in such former promotion unit from such preferred list for a period of four years. In the event that the employee is reinstated in a position in a title lower than that of his or her former position, his or her name shall be placed on the preferred eligible list for the former position or any similar position in such former promotion unit.

(g) An employee placed on leave pursuant to this section who is not reinstated within one year after the date of commencement of such leave, may be terminated by the appropriate administrative authority and his or her position may be filled by permanent appointment.

(h) An employee whose employment status has been terminated pursuant to subdivision (b) or (g) of this section may, within one year after the termination of his or her disability, make application to the appropriate appointing authority for a medical examination and subsequent reinstatement pursuant to the procedures and conditions of subdivision (f) of this section.

(i) Where the continued presence of an employee on the job creates a significant risk to the health or safety of the individual or of others that cannot be eliminated with reasonable accommodation, or would significantly interfere with operations, the appropriate administrative authority may place such employee on an involuntary leave of absence without pay immediately; provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his or her credit. An employee so placed on leave shall thereafter be subject to all of the procedures of this section for placement on leave of absence, except that imposition of such leave shall not be held in abeyance pursuant to subdivision (c) of this section. If it is finally determined pursuant to subdivision (d) of this section, that the employee was physically and mentally fit to perform, with or without reasonable accommodation, the essential functions of his or her position, he or she shall be restored to his or her position and shall have any leave credits or salary that he or she may have lost because of such involuntary leave of absence restored, less any compensation he or she may have earned in other employment or occupation and any unemployment benefits he or she may have received during such period.

(j) Notwithstanding any other provision of this section, when an employee's disability is of such a nature as to permanently incapacitate him or her from the performance, with or without reasonable accommodation, the essential functions of his or her position, his or her employment status may be terminated once he or she has exhausted any workers' compensation leave to which he or she may be entitled pursuant to section 24.5 of this Title, and his or her position may be filled by a permanent appointment.

(k) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation, nor shall this section be deemed to modify or supersede any other provisions of law applicable to the reemployment of persons retired from the public service on account of disability.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.26, new filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996. Amended (a)-(b), (f), (i)- (j).

(a) Resignation in writing. Except as otherwise provided in this section, every resignation shall be in writing.

(b) Effective date. If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in a resignation, it shall take effect on such specified date. However, if a resignation is submitted while the employee is on leave of absence without pay, such resignation, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such absence. Notwithstanding the provisions of this section, when charges of incompetency or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges; and, in the event that such employee is found guilty of such charges and dismissed from the service, his or her termination shall be recorded as a dismissal rather than as a resignation.

(c) Withdrawal or amendment. A resignation may not be withdrawn, cancelled or amended after it is delivered to the appointing authority, without the consent of the appointing authority.

(d) Reinstatement following resignation.

(1) A permanent employee who has resigned from his or her position may be reinstated, without examination, within one year from the date of such resignation in the position from which he or she resigned, if then vacant, or in any vacant position to which such employee was eligible for transfer or reassignment. In computing the one-year period within which a person may be reinstated after resignation, the day the resignation takes effect, any time spent in active service in the military or naval forces of the United States or of the State of New York, and any time served in another position in the civil service of the same governmental jurisdiction shall not be counted.

(2) In an exceptional case, the appointing authority may, for good cause shown and where the interests of the government would be served, waive the provisions of this subdivision to permit the reinstatement of a person more than one year after resignation. For the purpose of this subdivision, where an employee on leave of absence resigns, such resignation shall be deemed effective as of the date of the commencement of such leave.

(e) Job abandonment. When an employee to whom the procedures of section 25.29 of this Part apply has been absent from work without notice for 15 consecutive workdays, he or she shall be deemed to have resigned from his or her position if he or she (or, if medically unable, a member of his or her family) has not provided a satisfactory written explanation for such absence, to the court or court-related agency to which he or she is assigned, on or before the 15th consecutive workday following the commencement of such unauthorized absence. Prior to the conclusion of the 15-workday period, or at any time thereafter, the court or court-related agency shall send the affected employee notice, to the employee's last known address, by certified mail, return receipt requested, that his or her absence is considered unauthorized and that, as a result of such absence, he or she will be deemed to have resigned from service, effective the 15th workday following the commencement of the unauthorized absence or any specified time thereafter. An employee who has been deemed to have resigned pursuant to this section (or, if medically unable, a member of his or her family) shall have 20 workdays from the date the notice was mailed within which to submit a written explanation concerning his or her absence to the deputy chief administrator for management support. Upon receipt of such explanation, the deputy chief administrator for management support shall reinstate the employee, without examination, to the position from which he or she was deemed to have resigned, if vacant, or to any vacant position to which he or she was eligible for transfer or reassignment, and shall have 20 workdays within which to initiate charges against the employee pursuant to section 25.29 of this Part.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new added by renum. and amd. 25.30, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) An employee described in paragraph (1), (2) or (3) of this subdivision shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct shown after a hearing upon stated charges pursuant to this section, unless such employee is granted the option and elects to follow the alternative disciplinary procedure set forth in subdivision (h) of this section:

(1) an employee holding a position by permanent appointment in the competitive class of the classified service;

(2) an employee holding a position by permanent appointment or employment in the classified service, who is an honorably discharged member of the Armed Forces of the United States having served therein as such member in time of war as defined in this Part or who is an exempt volunteer fireman as defined in the General Municipal Law, except when an employee described in this paragraph holds a position designated by the Chief Administrator of the Courts as confidential or requiring the performance of functions influencing policy; or

(3) an employee holding a position in the noncompetitive class other than a position designated by the Chief Administrator of the Courts as confidential or requiring the performance of functions influencing policy, who since such employee's last entry into the service of the Unified Court System has completed at least five years of continuous service in the noncompetitive class in a position or positions not designated as confidential or requiring the performance of functions influencing policy.

(b) Procedure.

(1) An employee who at the time of questioning appears to be a potential subject of disciplinary action shall have a right to representation. If representation is requested, a reasonable period of time shall be afforded to obtain such representation. If the employee is unable to obtain representation within a reasonable period of time, the employee may be questioned without representation.

(2) An employee against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges preferred against him or her by the designating authority as set forth in this subdivision and shall be allowed at least eight days for answering the same in writing. The hearings upon such charges shall be held as follows:

(i) In the instance of an employee of the Court of Appeals, the hearing shall be held by a person designated by the clerk of the Court of Appeals for that purpose.

(ii) In the instance of an employee of an appellate division, the hearing shall be held by a person designated by the presiding justice of that appellate division for that purpose.

(iii) In the instance of an employee of the administrative office for the courts, the hearing shall be held by a person designated by the deputy chief administrator for management support for that purpose.

(iv) In any other instance, the hearing shall be held by a person designated for that purpose by the Deputy Chief Administrator of the Courts having administrative jurisdiction over the court of court-related agency in which the employee is employed.

(3) The person designated shall, for the purpose of such hearing, be vested with all the powers of the designating authority and shall make a record of such hearing which shall, with recommendations, be referred to such designating authority for review and decision. The person or persons holding such hearing shall, upon the request of the employee against whom charges are preferred, permit him or her to be represented by counsel, or by a representative of an employee organization which represents the employee, and shall allow him or her to summon witnesses in his or her behalf. The burden of proving incompetency or misconduct shall be upon the person alleging the same. Compliance with technical rules of evidence shall not be required. The employee against whom charges are preferred shall, upon request, be entitled to a copy of the recommendations of the person designated to conduct the hearing, and shall be allowed three days to comment upon them, in writing, to the designating authority. The person alleging incompetency or misconduct shall be allowed three days to respond to such comments.

(c) Suspension pending determination of charges. Pending the hearing and determination of charges of incompetency or misconduct, the employee against whom such charges have been preferred may be suspended without pay for a period not exceeding 30 days.

(d) Penalties.

(1) If the employee is found guilty of the charges, the penalty or punishment may consist of a reprimand, a fine not to exceed $200 to be deducted from the salary or wages of such officer or employee, suspension without pay for a period not exceeding three months, a combination of a fine not to exceed $200 and a suspension without pay for a period of up to three months, demotion in salary and title, restitution, probation for up to six months, or dismissal from the service; provided, however, that the time during which an employee is suspended without pay may be considered as part of the penalty. If he or she is acquitted, he or she shall be restored to his or her position with full pay for the period of suspension, less the amount of compensation which he or she may have earned in any other employment or occupation and any unemployment insurance benefits he or she may have received during such period. If employee is found guilty, a copy of the charges, his or her written answer thereto, a transcript of the hearing, and the determination shall be filed in the office of the Chief Administrator. A copy of the transcript of the hearing shall, upon request of the employee affected, be furnished to him or her without charge.

(2) During a period of suspension without pay pursuant to this section, an employee shall be entitled to continue health insurance, provided the employee pays his or her share of the premium, and shall be eligible to receive welfare fund benefits and have welfare fund payments made on his or her behalf.

(e) Time for removal or disciplinary proceeding. Notwithstanding any other provisions of this Part, and except as provided in section 25.13(d)(3), no removal or disciplinary proceeding shall be commenced more than 18 months after the occurrence of the alleged incompetency or misconduct complained of and described in the charges; provided, however, that such limitation shall not apply where the incompetency or misconduct complained of and described in the charges would, if proved in a court of appropriate jurisdiction, constitute a crime.

(f) Review of penalty or punishment. Any employee believing himself aggrieved by a penalty or punishment of demotion in or dismissal from the service, or suspension without pay, or a fine or an official reprimand without the remittance of any prehearing suspension without pay, imposed pursuant to the provisions of this section, may appeal from such determination by an application to the Chief Administrator of the Courts or seek relief by an application to the court in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

(1) Procedure on appeal. If such employee elects to appeal to the Chief Administrator, such appeal shall be filed in writing within 20 days after service of written notice of the determination to be reviewed, such written notice to be delivered personally or by registered or certified mail to the last known address of such employee, and when notice is given by registered or certified mail, such employee shall be allowed an additional three days in which to file an appeal. The Chief Administrator shall review the record of the disciplinary proceeding and the transcript of the hearing, and shall determine such appeal on the basis of such record and transcript and such oral or written argument as he or she may determine. The Chief Administrator may designate a representative to hear the appeal who shall report thereon with recommendations to the Chief Administrator. Upon such appeal, the Chief Administrator shall permit the employee to be represented by counsel or by a representative of a employee organization which represents the employee.

(2) Determination on appeal. The determination appealed from may be affirmed, reversed or modified, and the Chief Administrator may, in his or her discretion, direct the reinstatement of the appellant or permit the transfer or reassignment of such appellant to a vacancy in a similar position in another court or court agency or direct that such employee's name be placed upon a preferred list pursuant to this Part. In the event that a transfer or reassignment is not effected, the Chief Administrator may direct the reinstatement of such employee. An employee reinstated pursuant to this subdivision shall receive the salary or compensation he or she would have been entitled by law to have received in the position for the period of removal, including any prior period of suspension without pay, less the amount of any unemployment insurance benefits which may have been received during such period. The decision of the Chief Administrator shall be final and conclusive, and not subject to further review in any court.

(g) Compensation of employees reinstated by court order. Any employee who is removed from a position in the service of the Unified Court System in violation of the provisions of this section, and who thereafter is restored to such position by order of the Supreme Court, shall be entitled to receive and shall receive the salary or compensation which he or she would have been entitled by law to have received in such position but for such unlawful removal, from the date of such unlawful removal to the date of such restoration, less the amount of compensation which may have been earned in any other employment or occupation and any unemployment insurance benefits which may have been received during such period. Such officer or employee shall be entitled to a court order to enforce the payment of such salary or compensation. Such salary or compensation shall be subject to the provisions of sections 474 and 475 of the Judiciary Law for services rendered, but otherwise shall be paid only directly to such employee or his or her legal representatives.

(h) Alternative disciplinary procedure. The Chief Administrator or his or her designee may establish rules and procedures implementing an alternative disciplinary procedure permitting an employee to elect, at the option of the designating authority, to accept a penalty to be selected in the sole discretion of the designating authority without the initiation of formal disciplinary charges or the holding of a formal hearing pursuant to subdivision (b) of this section. The penalties under this procedure may be a written reprimand, restitution, probation for up to six months, and the forfeiture of up to 10 days of annual leave or compensatory time or the loss of up to 10 days' pay. The determination of the designating authority shall be final, binding and not reviewable in any forum. For purposes of this subdivision only, an eligible employee shall include all employees otherwise not covered by subdivision (a) of this section who are not personal appointees of a judge.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new added by renum. and amd. 25.32, filed Jan. 15, 1987; amds. filed: June 19, 1990; May 7, 1997 eff. April 29, 1997. Amended (b).

(a) Suspension or demotion. Where positions in the competitive class or the noncompetitive class are abolished or reduced in rank or salary grade, all suspensions or demotions among incumbent competitive and noncompetitive court personnel holding the same or similar positions shall be made in inverse order of original appointment on a permanent basis in the classified service of the Unified Court System. The following exceptions shall apply:

(1) Incumbents who have not completed their probationary service shall be suspended or demoted before any permanent incumbents, and among such probationary employees suspension or demotion shall be made in inverse order of original appointment on a permanent basis in the classified service of the Unified Court System.

(2) Blind employees shall be granted absolute preference in retention.

(3) The date of original appointment for disabled and nondisabled veterans shall be deemed to be, respectively, 60 months and 30 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(4) The date of original appointment for the spouse of a veteran with 100- percent service- connected disability shall be deemed to be 60 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law, provided the spouse is domiciled with the veteran- spouse and is the head of the household.

(5) The date of original appointment for an incumbent transferred to the Unified Court System from another governmental jurisdiction upon a transfer of functions shall be the date of original appointment on a permanent basis in the classified service of the governmental jurisdiction from which the transfer was made.

(6) This section shall not apply to noncompetitive employees who do not have tenure protection pursuant to section 25.29(a)(3) of this Part and otherwise do not have tenure protection.

(b) Continuous service. The original appointment of an incumbent shall mean the date of his or her first appointment on a permanent basis in the classified service followed by continuous service in the classified service on a permanent basis up to the time of the abolition or reduction of his or her position. The following shall not constitute an interruption of continuous service:

(1) a period following an employee's resignation if such employee has been reinstated or reappointed within one year thereafter;

(2) a period of employment on a temporary or provisional basis, or in the unclassified service, immediately preceded and followed by permanent service in the classified service;

(3) a period of leave of absence without pay pursuant to this Part;

(4) any period during which an employee is suspended from his or her position pursuant to this section; or

(5) a period between the termination of an employee because of a disability resulting from occupational injury or disease as defined in the Workers' Compensation Law and his or her reinstatement or reappointment thereafter.

(c) Interrupted service. An employee who has resigned and who has been reinstated or reappointed in the Unified Court System more than one year thereafter shall be credited with any previous court service rendered prior to his or her resignation to which he or she would have been entitled for the purposes of this section but for such resignation; provided, however, that any time out of the Unified Court System exceeding three years shall be subtracted from the employee's previous court service. In such instances, continuous service shall be deemed to have begun on the date which precedes the otherwise applicable date for the commencement of continuous service by the period of actual creditable service provided by this subdivision.

(d) Units for suspension or demotion. The Chief Administrator of the Courts may designate as units for suspension or demotion under the provisions of this section any combination of courts or court-related agencies, or any divisions thereof.

(e) Displacement. Permanent employees who are suspended or demoted pursuant to this section shall displace incumbents in other positions in the Unified Court System in the manner as set forth in subdivisions 6 and 7 of section 80 of the Civil Service Law and subdivision 5 of section 80-a of the Civil Service Law. Probationary employees who are suspended or demoted pursuant to this section shall displace incumbents in other positions in the Unified Court System in the manner set forth in section 5.5(d) of the rules of the State Department of Civil Service and section 5.6(d) of such rules (4 NYCRR 5.5 [d], 5.6[d]). Displacement pursuant to this subdivision shall not be governed by the provisions of section 25.26 of this Part.

(f) Reassignments. Reassignment of court personnel to similar positions in the Unified Court System necessitated by the abolition or reduction of positions shall be made according to the needs of the Unified Court System and shall not be governed by the provisions of section 25.26 of this Part. For purposes of implementing this section, all changes of permanent employees from one position to a similar position in the Unified Court System in the City of New York shall be reassignments, not transfers.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.28 new added by renum. and amd. 25.33, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) General provisions.

(1) The Chief Administrator of the Courts shall place on a preferred list the names of all employees suspended or demoted from the same or similar positions in the same jurisdictional class paid by the same fiscal authority, in accordance with the provisions of section 25.30 of this Part. This preferred list shall be used for filling vacancies in the same jurisdictional class paid by the same fiscal authority in the following order: first, in the same or similar position; second, in any position in a lower title in line of promotion; and third, in any position comparable to the lower title in line of promotion. Such position need not be in the same promotion unit or unit for suspension or demotion as the employee's original position. Except as provided in paragraph (2) of this subdivision, no person shall be appointed from any other list for any such position until such preferred list is exhausted.

(2) Employees reassigned to positions in the Unified Court System pursuant to section 25.30(f) of this Part, and suspended employees who have accepted appointments from a preferred list to positions other than their original positions pursuant to this section, may be reassigned to their original positions in their original courts or court-related agencies as vacancies occur, in order of seniority. The failure or refusal of an employee after reasonable notice to accept reassignment to such original position shall be deemed a relinquishment of his or her eligibility for reassignment to such position pursuant to this subdivision.

(3) The eligibility to be reinstated or reassigned pursuant to this subdivision shall not continue for more than four years from the date of reassignment, suspension or demotion.

(4) An employee who is eligible to be placed on a preferred list pursuant to this section and who elects, as a member of a public employee retirement system, to retire upon a suspension or demotion, shall be placed on a preferred list and shall be eligible for reinstatement from such list.

(b) Order of reinstatement from preferred lists. Persons on a preferred list who were suspended or demoted from positions in courts or court-related agencies paid by the same fiscal authority shall be reinstated therefrom to vacancies in appropriate positions in the order of their original appointment. The following exceptions shall apply:

(1) Where the vacancy exists in a separate unit for suspension or demotion, persons suspended from or demoted in that unit shall be reinstated first.

(2) No person suspended or demoted before the completion of his or her probationary term shall be reinstated until the reinstatement of all other persons on the preferred list. Upon reinstatement, the probationer shall be required to complete his or her probationary term.

(c) Salary upon reinstatement. A person reinstated from a preferred list to his or her former position or a similar position at the same salary grade shall receive at least the same salary received at the time of suspension or demotion.

(d) Notwithstanding any other provision of this Part, any person may voluntarily remove his or her name from a preferred list by application to the Chief Administrator of the Courts.

(e) Effect of refusal or failure to accept reinstatement from preferred list.

(1) The failure or refusal of a person on a preferred list after reasonable notice to accept reinstatement therefrom to his or her former position, or any similar position in the same salary grade for which such list is certified, shall be deemed to be a relinquishment of his or her eligibility for reinstatement, and such name shall thereupon be stricken from such preferred list. The name of such person may be restored to such preferred list, and certified to fill such appropriate vacancies as may thereafter occur, only upon the request of such person and such person's submission of reasons satisfactory to the Chief Administrator of the Courts for his or her previous failure or refusal to accept reinstatement.

(2) Notwithstanding the provisions of paragraph (1) of this subdivision, a person on a preferred list shall not be deemed to relinquish eligibility for reinstatement therefrom by reason of a failure or refusal to accept reinstatement to a position in a different city or county from that in which the former position was located, or to a position in a lower salary grade than the position from which he or she was suspended, demoted or displaced. The name of such person may, however, be withheld from further certification for reinstatement to a position in such other city or county or in the same or a lower salary grade than the position to which he or she failed or refused to accept reinstatement.

(3) The restoration of the name of a person to a preferred list, or restoration to eligibility for certification therefrom to positions in any particular city or county or to positions in a lower salary grade than the former position, shall not invalidate or in any manner adversely affect any appointment, promotion, reinstatement, displacement or demotion previously made to any position to which such person would otherwise have been eligible for reinstatement from such preferred list.

(f) Disqualification for reinstatement. The Chief Administrator of the Courts may disqualify for reinstatement from a preferred list, in the manner set forth in subdivision 7 of section 81 of the Civil Service Law, any person who is physically or mentally disabled from the performance, with or without reasonable accommodation, of the essential functions of the position for which such list is established, or who has been guilty of such misconduct as would warrant his dismissal from the public service.

(g) Limitations of use of preferred list. A preferred list established pursuant to this section shall have no priority with reference to a new position created by the reclassification of an existing position pursuant to this Part whenever the use of a preferred list for filling such new position would result in the suspension of an employee pursuant to the provisions of section 25.30 of this Part.

(h) The provisions of section 25.26 of this Part shall not apply to the implementation of this section.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new added by renum. and amd. 25.34, filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28, 1996. Added (a)(4); amended (f).

(a) Definitions.

(1) The terms "veteran" and "nondisabled veteran" mean a member of the Armed Forces of the United States who served therein in time of war, who was honorably discharged or released under honorable circumstances from such service, and who is a resident of this State at the time of application for appointment or promotion.

(2) The term disabled veteran means a veteran who is certified by the United States Veterans Administration or a military department as entitled to receive disability payments upon the certification of such Veterans Administration or a military department for a disability incurred by him or her in time of war and in existence at the time of application for appointment or promotion or at the time of retention, as the case may be. Such disability shall be deemed to be in existence at the time of application for appointment or promotion or at the time of retention, as the case may be, if the certificate of such Veterans Administration shall state affirmatively that such veteran has been examined by a medical officer of such Veterans Administration on a date within one year of either the date of filing application for competitive examination for original appointment or promotion, or the date of the establishment of the resulting eligible list, or within one year of the time of retention, as the case may be; that at the time of such examination the war-incurred disability described in such certificate was found to exist; and that such disability is rated at 10 per centum or more. Such disability shall also be deemed to be in existence at such time if the certificate of such Veterans Administration shall state affirmatively that a permanent stabilized condition of disability exists to an extent of 10 per centum or more, notwithstanding the fact that such veteran has not been examined by a medical officer of such Veterans Administration within one year of either the time of application for appointment or promotion, or the date of filing application for competitive examination for original appointment or promotion, or within one year of the time of retention, as the case may be. The term disabled veteran shall also mean:

(i) a veteran who served in World War I, who continued to serve in the Armed Forces of the United States after November 11, 1918, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service on or before July 2, 1921;

(ii) a veteran who served in World War II, who continued to serve in the Armed Forces of the United States after September 2, 1945, or who served aboard merchant vessels as set forth in section 85(1)(b)(2) of the Civil Service Law, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service on or before the date that World War II was declared terminated;

(iii) a veteran who served during hostilities participated in by the military forces of the United States subsequent to June 27, 1950, and who continued to serve in the Armed Forces of the United States after January 31, 1955, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service.

(3) The term time of war shall include the following wars and hostilities for the periods and based upon the evidence herein set forth:

(i) World War I, from April 6, 1917 to and including November 11, 1918;

(ii) World War II, from December 7, 1941 to and including December 31, 1946;

(iii) hostilities participated in by the military forces of the United States from June 27, 1950 to and including January 31, 1955;

(iv) hostilities participated in by the military forces of the United States from December 22, 1961 to May 7, 1975;

(v) hostilities participated in by the military forces of the United States in Lebanon from June 1, 1983 to December 1, 1987, as established by the receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(vi) hostilities participated in by the military forces of the United States in Grenada, from October 23, 1983 to November 21, 1983, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(vii) hostilities participated in by the military forces of the United States in Panama, from December 20, 1989 to January 31, 1990, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(viii) hostilities participated in by the military forces of the United States in the Persian Gulf, from August 2, 1990 to the end of such hostilities.

(4) The term time of application for original appointment or promotion shall mean the date of the establishment of an eligible list resulting from a competitive examination for original appointment or promotion, as the case may be, which date shall be the date on which the term of such eligible list commences.

(5) The term time of retention shall mean the time of abolition or elimination of positions.

(b) Additional credits in competitive examinations for original appointment or promotion.

(1) On all eligible lists resulting from competitive examinations, the names of eligibles shall be entered in the order of their respective final earned ratings on examination, with the name of the eligible with the highest final earned rating at the head of such lists; provided, however, that for the purpose of determining final earned ratings:

(i) disabled veterans shall be entitled to receive 10 points additional in a competitive examination for original appointment and five points additional credit in a competitive examination for promotion; and

(ii) nondisabled veterans shall be entitled to receive five points additional credit in a competitive examination for original appointment and 21/2 points additional credit in a competitive examination for promotion.

(2) Such additional credits shall be added to the final earned rating of such disabled veteran or nondisabled veteran, as the case may be, after he or she has qualified in the competitive examination, and shall be granted only at the time of establishment of the resulting eligible list.

(c) Application for additional credit; proof of eligibility; establishment of eligible list. Any candidate believing himself or herself to be entitled to additional credit in a competitive examination, as provided herein, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candidate shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish, by appropriate documentary proof, eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing application for a competitive examination for original appointment or promotion, the eligible list resulting from such examination may be established, notwithstanding the fact that a veteran or disabled veteran who has applied for additional credit has failed to establish eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list.

(d) Use of additional credit.

(1) Except as herein otherwise provided, no person who has received a permanent original appointment or a permanent promotion in the Unified Court System or in the civil service of the State or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section or by section 85 of the Civil Service Law, either as a veteran or disabled veteran, shall thereafter be entitled to any additional credit under this section either as a veteran or a disabled veteran.

(2) Where, at the time of establishment of an eligible list, the position of a veteran or disabled veteran on such list has not been affected by the addition of credit granted under this section, the appointment or promotion of such veteran or disabled veteran, as the case may be, from such eligible list shall not be deemed to have been made from an eligible list on which he was allowed the additional credit granted by this section.

(3) If, at the time of appointment from an eligible list, a veteran or disabled veteran is in the same relative standing among the eligibles who are willing to accept appointment as if he or she had not been granted the additional credits provided by this section, his or her appointment from among such eligibles shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits.

(4) Where a veteran or disabled veteran has been originally appointed or promoted from an eligible list on which he or she was allowed additional credit, but such appointment or promotion is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed or promoted, as the case may be, from an eligible list on which he or she was allowed additional credit, and such appointment or promotion shall not affect eligibility for additional credit in other examinations.

(e) Withdrawal of application; election to relinquish additional credit. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a veteran or disabled veteran has received the additional credit granted by this section, such veteran or disabled veteran may elect, prior to permanent original appointment or permanent promotion, to relinquish the additional credit theretofore granted and accept the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall thereafter be irrevocable. Such election shall be in writing and signed by the veteran or disabled veteran, and transmitted to the Chief Administrator of the Courts.

(f) Roster. The Chief Administrator of the Courts shall establish and maintain a roster of all veterans and disabled veterans appointed or promoted as a result of additional credits granted by this section. The appointment or promotion of a veteran or disabled veteran as a result of additional credits shall be void if such veteran or disabled veteran, prior to such appointment or promotion, had been appointed or promoted as a result of additional credits granted by this section or by section 85 of the Civil Service Law.

(g) Penalty for denial of preference in retention. A refusal to allow the preference in retention provided for in paragraph (3) of subdivision (a) of section 25.30 of this Part to any veteran or disabled veteran, or a reduction of compensation intended to bring about the resignation of such veteran or disabled veteran, shall be subject to the provisions of subdivision 8 of section 85 of the Civil Service Law.

Historical Note
Sec. amds. filed: April 3, 1972; Dec. 15, 1972; Aug. 8, 1974; July 24, 1975; Feb. 2, 1982; renum. 25.29, new added by renum. and amd. 25.35, filed Jan. 15, 1987; amds. filed: Feb. 10, 1992; July 18, 1996 eff. June 28, 1996. Amended (a)(3)(iv).

If the position in the noncompetitive or in the labor class held by any honorably discharged veteran of the Armed Forces of the United States who served therein in time of war as defined in section 25.32 of this Part, or by an exempt volunteer fireman as defined in the General Municipal Law, shall become unnecessary or be abolished for reasons of economy or otherwise, the honorably discharged veteran or exempt volunteer fireman holding such position shall not be discharged from the public service but shall be transferred to a similar position wherein a vacancy exists, and shall receive the same compensation therein. It is hereby made the duty of all persons clothed with the power of appointment to make such transfer effective. The right to transfer herein conferred shall continue for a period of one year following the date of abolition of the position, and may be exercised only where a vacancy exists in an appropriate position to which transfer may be made at the time of demand for transfer. Where the positions of more than one such veteran or exempt volunteer fireman are abolished and a lesser number of vacancies in similar positions exist to which transfer may be made, the veterans or exempt volunteer firemen whose positions are abolished shall be entitled to transfer to such vacancies in the order of their original appointment in the service. Nothing in this section shall be construed to apply to a person holding a position designated as confidential or requiring the performance of functions influencing policy. This subdivision shall have no application to persons encompassed by subdivision (a) of section 25.30 of this Part.

Historical Note
Sec. amd. filed April 3, 1972; repealed, new filed Aug. 1, 1975; amd. filed Feb. 2, 1982; renum. 25.30, new added by renum. and amd. 25.36, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Duties of public officers. It shall be the duty of all officers of the Unified Court System to conform to, comply with and aid in all proper ways in carrying into effect the provisions of this Part. No officer or officers having the power of appointment or employment shall appoint or select any person for appointment, employment, promotion or reinstatement except in accordance with the provisions of this Part. Any person employed or appointed contrary to the provisions of this Part shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint him or her, the compensation agreed upon for any services performed under such appointment or employment or, in case no compensation is agreed upon, the actual value of such services and any necessary expenses incurred in connection therewith, and shall have such cause of action against such officer or officers as is provided in section 95 of the Civil Service Law.

(b) Waiver of rights. No public officer nor any employee acting for a public officer shall require a candidate for employment to sign any document whereby such candidate for employment waives any right or rights accruing under this Part.

Historical Note
Sec. amd. filed April 3, 1972; repealed, new filed Aug. 1, 1975; amd. filed Feb. 2, 1982; renum. 25.31, new added by renum. and amd. 25.37, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) No person shall be appointed to or be employed in any position in the Unified Court System until he or she has passed an examination or is exempted from such examination in conformity with the provisions of this Part. Each appointing authority shall report to the Chief Administrator of the Courts forthwith upon such appointment or employment, the name of such appointee or employee, the title and character of his or her office or employment, the date of the commencement of service by virtue thereof and the salary or compensation thereof, and shall report from time to time and upon the date of official action in or knowledge of each case, any separation of a person from the service, or other change therein, and such other information as the Chief Administrator may require in order to keep the roster hereinafter mentioned.

(b) The Chief Administrator shall maintain an official roster of the classified service of the Unified Court System. Such roster shall contain in detail the employment history of each employee, showing each change of status or compensation from the time he or she enters service until he or she separates from service, except that it shall not be necessary to enter in such roster the compensation or changes in compensation of an employee holding a position classified pursuant to section 25.5 or 25.6 of this Part and listed in a salary grade plan containing titles and specific ranges of salary for each title.

Historical Note
Sec. amds. filed: April 3, 1972; Nov. 12, 1976; Feb. 2, 1982; renum. 25.32, new added by renum. and amd. 25.38, filed Jan. 15, 1987 eff. Jan. 1, 1987.

(a) Payroll certification required.

(1) The Chief Administrator of the Courts shall certify to the appropriate disbursing or auditing officer that all persons employed in the classified service are employed in their respective positions in accordance with law and rules made pursuant to law. Such certificate may be executed for and on behalf of the Chief Administrator by an employee thereof duly designated in writing for that purpose. Such certificate may, for cause, be withheld from an entire payroll or from any item or items therein. If the Chief Administrator finds that any person has been promoted, transferred, assigned, reinstated or otherwise employed in violation of the Judiciary Law and this Part, notification shall be made to the appropriate disbursing and auditing officers.

(2) Any person entitled to be certified as provided herein and refused such certificate, or from whom salary or compensation is otherwise unlawfully withheld, may maintain a proceeding under article 78 of the Civil Practice Law and Rules to compel the issuance of such certificate or the payment of such salary, or both, as the case may be.

(b) Certifications. In order to provide for the payment of salary or compensation to employees on any regular scheduled payday, a duly designated representative of the Chief Administrator of the Courts shall furnish to the Chief Administrator, on prescribed forms, at least five days before the same is required by the appropriate fiscal or disbursing officer, the names of the persons to be paid, the title of the position held or kind of service performed by each, the rate of compensation, and such other information as the Chief Administrator may require. The appointing authority or its duly designated representative shall certify that the persons named are employed in the performance of duties appropriate to their respective positions and employment as indicated. The Chief Administrator shall examine such forms; and if the Chief Administrator finds that the persons named therein are employed in accordance with law, and rules made pursuant to law, the Chief Administrator shall so certify. The Chief Administrator thereafter shall transmit such forms to the appropriate fiscal or disbursing officer for further audit and payment as required by law.

(c) Extended certifications. The Chief Administrator of the Courts may certify the employment of a person for an extended period without time limitation or, in the case of employment subject to a time limitation, for such limited period as may be applicable. No further certification shall be necessary for the payment of salary or compensation to such person, so long as his or her title, salary grade and status remain unchanged during the stated limited period, if any, of his or her employment. The Chief Administrator may at any time examine any payroll to determine that any person is employed in accordance with this Part. Nothing herein shall be construed to prevent or preclude the Chief Administrator from terminating or rescinding a certification at any time by giving notice thereof to the appropriate fiscal or disbursing officer.

(d) Temporary certifications. When the name of any person is first submitted for certification following his or her appointment, reinstatement, promotion, transfer or other change in status, and the Chief Administrator of the Courts requires further information or time to enable a final determination to be made thereon, the Chief Administrator may certify such person temporarily pending such final determination. In such event, the Chief Administrator shall immediately request the necessary additional information. If such information is not furnished promptly, or if the Chief Administrator finds, following receipt of such information, that the employment of such person is not in accordance with the law and rules, the Chief Administrator shall immediately terminate such certification by notice to the appropriate fiscal or disbursing officer.

(e) Effect of certification. Notwithstanding the provisions of this section, the Chief Administrator of the Courts, in any certificate issued pursuant to this section, shall not be required or deemed to attest that the salary or rate of compensation indicated for such person is that to which he or she is eligible or entitled pursuant to law.

(f) Refusal or termination of certification.

(1) Upon satisfactory evidence of intention to evade the provisions of any law or this Part in assigning any employee to perform duties other than those for which he or she was examined and certified or under any title not appropriate to the duties to be performed, the Chief Administrator of the Courts shall refuse certification or shall terminate a certification previously made and then in force.

(2) Any officer who shall willfully pay or authorize the payment of salary or compensation to any person in the classified service of the Unified Court System with knowledge that the Chief Administrator of the Courts has refused to certify the payroll, estimate or account of such person, or after due notice from the Chief Administrator that such person has been appointed, employed, transferred, assigned to perform duties or reinstated in violation of any of the provisions of this Part, shall be subject to the provisions of section 101 of the Civil Service Law and such court proceedings as are provided by section 102 of the Civil Service Law.

Historical Note
Sec. amds. filed: Aug. 1, 1975; Feb. 2, 1982; renum. 25.33, new added by renum. and amd. 25.39, filed Jan. 15, 1987 eff. Jan. 1, 1987.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.34, new added by renum. and amd. 25.41, filed Jan. 15, 1987; repealed, filed Jan. 21, 2003 eff. Jan. 9, 2003.

Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.35, new added by renum. and amd. 25.42, filed Jan. 15, 1987; amd. filed July 18, 1996; repealed, filed Jan. 21, 2003 eff. Jan. 9, 2003.

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.36, new added by renum. and amd. 25.43, filed Jan. 15, 1987; repealed, filed Jan. 21, 2003 eff. Jan. 9, 2003.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new added by renum. and amd. 25.44, filed Jan. 15, 1987; amds. filed: Oct. 4, 1990; May 7, 1997; repealed, filed Jan. 21, 2003 eff. Jan. 9, 2003.

An employee aggrieved by the classification of his or her position in the classification plan established effective May 28, 1979, including the allocation of his or her position to a salary grade, may seek review as follows:

(a) The employee or the employee's representative shall submit a written notice of an intention to appeal the classification to the Chief Administrator of the Courts within 60 days of his or her receipt of notice of the classification. The Chief Administrator shall notify each employee or representative who files a notice of intention to appeal of the date on which the appeal must be perfected, provided that the employee or the representative shall have at least 30 days to perfect the appeal. An appeal shall be perfected by the submission of a written statement on the basis of the appeal, together with any supporting papers. The Chief Administrator shall review these statements, make any required adjustments, and notify the employee of his or her action.

(b) If the appeal has not been resolved to the satisfaction of the employee, the employee or the employee's representative may then appeal to the Classification Review Board within 60 days of receipt of notice of the action of the Chief Administrator of the Courts. This review board shall consist of three members, one appointed by the President of the State Civil Service Commission, one appointed by the State Comptroller, and a chairman, to be appointed by the Chairman of the Public Employment Relations Board. The Classification Review Board shall determine each appeal. The Classification Review Board shall consider all material submitted by the employee or the employee's representative, and shall send a copy of this material to the Chief Administrator, who shall be given a reasonable opportunity to respond. The Classification Review Board may, in its discretion, hold a hearing with relation to any aspect of any appeal.

(c) Any employee organization may bring an appeal pursuant to this procedure on behalf of any member or group of members.

(d) The Classification Review Board shall have jurisdiction to review appeals only from classifications and allocations determined pursuant to the classification plan established as set forth in subdivision (a) of this section.

(e) A determination of the Classification Review Board shall constitute an administrative order; subject, however, to review in a proceeding brought by either the employee, an employee organization, or the Chief Administrator pursuant to article 78 of the CPLR.

(f) This section shall apply only to appeals pending before the Classification Review Board as of the effective date of this subdivision [January 1, 1987].

Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.37, new added by renum. and amd. 25.45, filed Jan. 15, 1987 eff. Jan. 1, 1987.