TO: Department and Agency Human Resource Managers and Affirmative Action Officers
FROM: Daniel Wall, Counsel & James Sever, Director of Staffing Services
DATE: July 23,1995

REMOVAL OF PREFERRED LIST ELIGIBLES
PURSUANT TO CSL SECTION 81.7

BACKGROUND

Occasionally this Department receives requests to remove eligibles from reemployment lists. The following policies and procedures are being issued in response to our experience with such cases to date. Because these requests may result in removal from reemployment lists which is tantamount to dismissal from the State service, due process is required. This bulletin states the policy and procedures which are to be followed when a department or agency believes an eligible should be removed from reemployment list eligibility due to, "...misconduct as would warrant his dismissal from the public service...." (Civil Service Law Section 81.7). This bulletin does not address removal for other reasons, which would be handled on a case-by-case basis.

POLICY

This Department will accept agency requests to remove eligibles from reemployment lists pursuant to Section 81.7 only where the reason for the proposed removal occurred after the layoff and where the eligible is not employed by the same agency at a lower level. Where the underlying misconduct precipitating the proposed removal occurred prior to layoff or where the eligible is employed by the layoff agency in another title, the agency must pursue termination through Section 75 or the applicable negotiated disciplinary procedures. Suspension and termination of the employee following those procedures would then result in ineligibility for reemployment list status.

Employees already under suspension at the time of layoff will be placed on reemployment lists in suspended status pending the outcome of the disciplinary process. This Department will conduct a Section 81.7 proceeding against a reemployment list eligible only where the articulated facts and circumstances sufficiently state a case warranting termination from the service. This Department will endeavor to initiate the hearing within three weeks of receipt of the formal request. All costs, such as that incurred for the hearing officer services, are to be born by the requesting agency.

PROCEDURE

The agency should write to the Reemployment Services Section of this Department with a formal request for removal of a reemployment list eligible. The request must include sufficient information to demonstrate that a finding of dismissal from the service would be warranted by the employee's alleged misconduct. The request will be forwarded to the Law Bureau for review, scheduling of the hearing, and notification of both parties. The requesting agency is expected to present the reasons for the reemployment list eligibles removal to the hearing officer and to testify regarding the nature of the alleged misconduct. Following the hearing officer's recommendation, the Law Bureau will notify the agency and the reemployment list eligible of the Department's decision. The reemployment list eligible has the right of appeal.

Questions about this procedure should be directed to the Reemployment Services Section at (518) 457-3090. Please make a note on page 9 of 1450 in the margin next to ".431 Removal" to see this bulletin.

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