T0: Department and Agency Personnel, Human Resource and Affirmative Action Offices

FROM: James W. Sever, Director of Staffing Services

SUBJECT: Commission Reinstatement Requests Pursuant to Rule 5.4

The Civil Service Commission has restated its policy in regard to the reinstatement of former state employees pursuant to Classified Service Rule 5.4. Pursuant to the Rule such reinstatement may be approved in exceptional cases, for good cause shown, and where the interest of government would be served. In order to properly review requests for reinstatement, the Commission needs certain information.

First, the Commission needs a statement from the appointing authority why it is in the best interest of the state to reinstate a former employee rather than making an appointment from an appropriate eligible list. The simple statement that such an appointment is in the best interest of state government is not sufficient. Second, when the request is for reinstatement where several years have passed since the former employee's qualifying service/or where the qualifying service was in a different title, the request should detail the employment experience during the break in service if it is pertinent.

The Staffing Services Division will not process reinstatement requests to the Commission where mandatory reemployment lists exist for the title. Where there are no mandatory lists, you should inform the Commission of promotion and/or open-competitive eligible lists that are appropriate.

General Information Bulletin No. 91-06 announced Commission approval of temporary reinstatements pending clearance of existing, or anticipated, mandatory reemployment lists. The Commission will no longer approve such temporary reinstatements.

All appointments pending Commission action must meet law, rule and policy appropriate to the type of appointment.

We also have produced a new form, S-46 [pdf]. You should use this form in place of the letter of request. It is now available to agencies through the Department of Civil Service Mail and Supply Room (518) 402-4711 or you may duplicate this form from the attached master copy.

All other criteria for reinstatement pursuant to Rule 5.4 remains the same.

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

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