1200 Examinations

1205 (A) Promotion

.1 BACKGROUND

.110 Legal Basis

.111 Section 52.1 of the Civil Service Law clearly indicates New York State's commitment to a Career Civil Service. This Section establishes that the normal way of filling a competitive class position above the entrance level is by promotion from among individuals holding lower level competitive direct line positions in the Department in which the vacancy exists. However, if the Civil Service Department determines that it is impractical or against the public interest to limit eligibility for promotion to the direct line candidates, it may extend examination eligibility to individuals serving in collateral or related positions. In addition, the Civil Service Department may, under the authority of 52.1, open competition for a promotion examination to qualified individuals in other Departments.

* .112 Section 52.11 of the Civil Service Law provides the authority to allow qualified noncompetitive class and labor class employees to compete in competitive promotion examinations in those instances where the promotion examination is being held in conjunction with an open competitive examination.

.2 POLICY

.210 Considerations

.211 In recommending whether or not eligibility for promotion examination should be extended to individuals other than those in the direct line, consideration should be given to the number of vacancies or anticipated vacancies expected. If there is an adequate number of direct line candidates to fill all of the expected vacancies, there may be no need to extend eligibility to those in collateral or related titles.

.212 If there are inadequate numbers of qualified direct line candidates or there are other compelling reasons for opening competition, eligibility for promotion can be extended to those in the collateral or related titles.

.213 In certain instances, consideration should be given to opening competition to individuals in other Departments in the lower level direct line title, especially if successful performance at the lower level is critical for success at the higher level.

* .214 If an open competitive examination is being held in conjunction with the promotion exam, and there are individuals serving in non-competitive class or labor class positions who as a class would qualify for the open competitive examination or who it has been determined posses other qualifications that should qualify them for admission to the examination, it may be in the State's best interest to admit such employees into the promotion examination. Successful individuals are placed on the promotion list in rank order. Since the promotion list must be used first this enables non-competitive or labor class employees to be considered for appointment before the open-competfive candidate.

.220 Limitations/Exceptions

.221 Normally positions in the competitive class above the entrance level are filled by promotion from persons holding lower grade direct line competitive class positions in the Department in which the vacancy exists except:

1. upon the written request of the appointing officer stating the reasons, or by its own initiative, the Civil Service Department may determine that it is in the State's best interest to hold only an open competitive examination for filling vacancies instead of a promotion examination (51.1 CSL)
2. when it is determined it is impractical or against the public interest to limit eligibility for promotion to lower grade direct line candidates (52.1 CSL)
3. * when an open competitive examination is being held in conjunction with the promotion examination, qualified, non-competitive class or labor class employees may be allowed to compete in the promotion examination (52.11 CSL)

.222 In those instances where eligibility for a promotion examination is being extended to employees of other agencies, preference on the list certification will normally be given to the employees of the department in which the vacancy exists.

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TM-25; July 1989; + New * Revised

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