1800 Appointments

1835 Cover-Ins

.1 BACKGROUND

.110 Legal Basis

.111 Section 45 of the Civil Service Law provides a mechanism by which
employees of a private institution or enterprise acquired by the
State may le given permanent status in the Classified Service. A
determination to acquire a private institution or enterprise can be
a result of either legislative or executive action. This section
of the law enables the acquiring State agency to continue the
employment of all officers and employees deemed necessary who were
in the employment of the private institution or enterprise for at
least one year prior to acquisition. The positions of such
employees shall be in he non-competitive class pending
classification or reclassification as deemed necessary. The Civil
Service Commission shall determine for which positions or class of
positions competitive examinations are practicable and shall adopt
rules classifying and reclassifying the various positions. The
incumbents of such positions, who were in those positions for one
year prior to acquisitions shall hold their positions without,
further examination and shall have the rights and privileges of the
jurisdictional class to which the positions are allocated. New
positions and existing positions that become vacant shall be filled
by routine Civil Service procedures.

.2 POLICY

.210 Civil Service Requirements and Responsibilities

.211 All Section 45 cover-ins must be reviewed and approved by the State Civil Service Commission before incumbents may acquire permanent status within the Civil Service System. It is the Commission's responsibility to determine the following:

1. nature of the agency to be acquired. Is it truly a private institution or enterprise?
2. scope and duties of existing positions. Can incumbents be covered into existing titles or must new titles be classified?
3. status of incumbents. Do they meet the Section 45 requirement of one year service prior to acquisition both in the agency and position?

.4 PROCEDURES

.410 Acquiring Agency Responsibilities

.411 Information on the Agency to be Acquired - If the agency to be acquired is a quasi-public authority, research foundation or corporation and this is the initial request for a cover-in tram that enterprise, the acquiring agency must submit the following information to the Bureau of Staffing Services:

1. the authority establishing the institution, enterprise, foundation or corporation, including copies of the legislation or agreement effecting the takeover;
2. a brief explanation of its charter and purpose;
3. where its funds come from and who administers the foundation/ corporation and its funds;
4. who appoints board members;
5. whether any board members are State employees;
6. whether the institution, enterprise, foundation or corporation is a legal entity separate and distinct from the State;
7. who the appointing authority for the foundation/corporation is;
8. whether the staff is separately housed or located on the grounds of a State agency;
9. how closely foundation/corporation employees in this function have been working with State employees.

.412 Information on Existing Positions - In order to have the newely acquired positions established within the Classified Service, the acquiring agency must provide standard classification documentation for each position to the Division of Classification (with a copy to the Bureau of Staffing Services). This package should include the following:

1. organizational structure of newly acquired entity, including the titles, salary and number of positions being acquired;
2. a complete explanation of the function(s) of the unit(s) being acquired-and the reasons for the takeover;
3. a complete and accurate CC-3 and XD-10 [OC-APP] for each employee.

.413 Information on Incumbents - In order for the Commission to determine eligibility for cover-in, the acquiring agency must also submit the following information on each incumbent to the Bureau of Staffing Services:

1. Full name, Social Security number, current title in private institution, current dollar salary, and initial appointment date as a private institution employee;
2. if any of these individuals are current or former State employees, provide the following information where appropriate:
   1. hold item, current status, title and agency;
   2. accurate information on any prior permanent State employment, last position held and status;
3. If appropriate, complete history of State examinations taken by each employee involved

.420 Summary

.421 If all the above conditions are met satisfactorily, the cover-in will be allowed by the Civil Service Commission. It should be noted that Section 45 is not intended to provide for non-competitive promotion in the fact of an eligible list and when employees of the agency being acquired are on leave from state positions, the requested cover-in will be closely reviewed. It should also be noted that the reference to excluding non-citizens in Section 45 is non-enforceable and should be ignored. The courts have determined that citizenship cannot be a requirement for employment in the State service with the exception of peace officers (C.P.L. 2.10.32) who according to the public officers law must be U.S. citizens and New York State residents.

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TM-1; 4/26/82

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