President's Regulation 68.4 (4 NYCRR) provides that an employee whose performance rating is unsatisfactory "...shall be ineligible for any promotion or certification from a promotion eligible list during the fiscal year following the period for which such unsatisfactory rating was received." However, this regulation has been rendered moot by the collective bargaining agreements negotiated since 1979, and is likewise no longer applied to employees designated management/confidential.

The Department of Civil Service does not record unsatisfactory evaluations for the enforcement of Regulation 68.4 and does not restrict list eligibility of employees receiving unsatisfactory performance ratings.

Agencies maintaining decentralized eligible lists are directed not to restrict eligibility for consideration or appointment from-these lists under the provisions of Regulation 68.4.

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