TO: All Agency Heads and Personnel Officers

SUBJECT: Amendment to Section 61 of the Civil Service Law

Section 61 of the Civil Service Law has recently been amended by the addition of a new subdivision relating to eligibles who are being considered for appointment or promotion in the competitive class (Chapter 875, as amended by Chapter 876 of the Laws of 1985).

This new subdivision is effective January 1, 1986 and requires that when an eligible list is certified and an appointment or promotion is made, the appointing authority must write to tell eligibles who were considered and not selected for appointment that the position was filled. Any eligible who was interviewed, or any eligible whose score was higher than that of the eligible who was appointed, should be so notified. In cases where many eligibles have the same rank, only those who were actually interviewed must be notified of their non-selection. Persons who decline or do not respond to a canvass need not be contacted.

This requirement is applicable whether the appointment or promotion is made from a centrally certified or a decentralized eligible list. Agencies must retain a copy of the notification as part of the supporting documentation relating to their eligible list usage.

A copy of the legislation is attached for your information. [Not Attached]

(signed) Karen S. Burstein
President, Civil Service Commission Attachment

cc: Affirmative Action Officers

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