Section 78 Transfer Lists and New Eligible Lists

This Bulletin supplements the information provided in Policy Bulletin No. 96-05, Agency Reduction Transfer Lists, dated May 17, 1996, and filed in Section 2200 of your SPMM.

The language of Civil Service Law Section 78, Transfer lists upon abolition in state service, makes the certification of Agency Reduction Transfer Lists (ARTLs) permissive rather than mandatory so that State management can make policy appropriate to different circumstances. The Law states, in part, "Such transfer list may be certified for filling a vacancy in any such position before certification is made from any other eligible list, placement roster, reemployment or preferred list...[emphasis added]."

Effective immediately, an agency has the choice of using either a newly established eligible list or an ARTL when there are no other mandatory reemployment lists, through the first 90 days after establishment of an eligible list. Thereafter, ARTLs shall take precedence over the eligible lists. Note that this new policy applies in the case of newly established eligible lists only. Otherwise, the order of certification of ARTLs will be as specified in Policy Bulletin #96-05.

There is one exception to the above policy: where the newly established eligible list is an open-competitive list, and the results of the canvass indicate that an agency would be adding a new employee to the payroll from outside state service, the agency must appoint from the ARTL. This exception does not prohibit interagency open-competitive appointments.

If newly established eligible lists are exhausted within the first 90 days, no new provisional appointments or reappointment of provisionals will be allowed in the face of ARTLs.

Questions concerning this policy should be directed to your Staffing Services Representative.

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