.110 Competitive Jurisdictional Class (Competitive Class)
.111 Section 44 of the Civil Service Law provides for the Competitive Class.
.120 Non-competitive Jurisdictional Class (Non-competitive
Class)
.121 Section 42(1) of the Civil Service Law provides that the Non-competitive Class shall include all positions which are not in the Exempt Class or the Labor Class, for which the Civil Service Commission finds it is not practicable to ascertain the merit and fitness of applicants by competitive examination. All positions in the Non-competitive Class must have minimum qualifications required for appointment.
.122 In accordance with Rule 2.2 of the Rules for the Classified Service, positions in the Non-competitive Class are listed in Appendix 2 of the Rules. A copy of the Appendix can be found on the Department of Civil Service’s web site (www.cs.ny.gov). The Appendix is maintained by the Office of Commission Operations. The addition of a title or its deletion from the Non-competitive Class requires approval of the Governor.
.123 The Civil Service Commission may designate in Appendix 2 the specific number of positions in a particular title which are in the Non-competitive Class. If no limiting number is shown after a title, then all positions under that title are in the Non-competitive Class.
.124 Section 42(2)(a) of the Civil Service Law directs that the Civil Service Commission designate positions in the Non-competitive Class which are confidential or require the performance of functions influencing policy. Such positions are not tenure-bearing (Section 75(1)(c) of the Civil Service Law) and are identified in Appendix 2 with the symbol " φ" (Rule 2.2(c)).
.130 Exempt Jurisdictional Class (Exempt Class)
.131 Section 41(1) of the Civil Service Law identifies public officers and positions which shall be in the Exempt Class and provides that the Exempt Class shall include "all other offices or positions for which the Civil Service Commission has determined it is not practicable to fill by competitive or non-competitive examination." Such positions are not tenure bearing.
.132 In accordance with Rule 2.1 of the Rules for the Classified Service, positions in the Exempt Class are listed in Appendix 1 of the Rules. A copy of the Appendix can be found on the Department of Civil Service's web site (www.cs.ny.gov). The Appendix is maintained by the Office of Commission Operations. The addition of a title or its deletion from the Exempt Class requires approval of the Governor.
.133 Only one (1) position in a particular title in a particular agency can be officially in the Exempt Class unless a different number is indicated specifically in Appendix 1.
.134 When a vacancy occurs in an Exempt Class position, the Civil Service Commission is required to study and evaluate the vacant position to determine the proper jurisdictional classification. Pending such determination, the position shall not be filled, except on a temporary basis.
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The Division of Classification and Compensation is asked by the Civil Service Commission to comment on the duties and responsibilities of a vacant Exempt Class position. The Division ascertains:
- The duties of the position. In this regard, the affected agency is contacted to provide the Division information on the current duties and responsibilities.
- To which jurisdictional classification are similar positions assigned.
- B. In accordance with a formal Civil Service Commission action, the Office of Commission Operations edits the New York State Electronic Personnel System (NYSTEP) to recognize changes or allow for a new permanent appointment to a vacant Exempt Class position.
.140 Labor Jurisdictional Class (Labor Class)
.143 A title placed in the Labor Class has no limiting numbers.
.142In accordance with Rule 2.3 of the Rules for the Classified Service, positions in the Labor Class are listed in Appendix 3 of the Rules. A copy of the Appendix can be found on the Department of Civil Service's web site (www.cs.ny.gov). The Appendix is maintained by the Office of Commission Operations. The addition or deletion of a title to the Labor Class does not require approval of the Governor.
