§ 52. Promotion examinations. 1. Filling vacancies by promotion.\nExcept as provided in section fifty-one, vacancies in positions in the\ncompetitive class shall be filled, as far as practicable, by promotion\nfrom among persons holding competitive class positions in a lower grade\nin the department in which the vacancy exists, provided that such lower\ngrade positions are in direct line of promotion, as determined by the\nstate civil service department or municipal commission; except that\nwhere the state civil service department or a municipal commission\ndetermines that it is impracticable or against the public interest to\nlimit eligibility for promotion to persons holding lower grade positions\nin direct line of promotion, such department or commission may extend\neligibility for promotion to persons holding competitive class positions\nin lower grades which the department or commission determines to be in\nrelated or collateral lines of promotion, or in any comparable positions\nin any other unit or units of governmental service and may prescribe\nminimum training and experience qualifications for eligibility for such\npromotion.\n 2. Factors in promotion. Promotion shall be based on merit and fitness\nas determined by examination, due weight being given to seniority. The\nprevious training and experience of the candidates, and performance\nratings where available, may be considered and given due weight as\nfactors in determining the relative merit and fitness of candidates for\npromotion.\n 3. Promotion eligibility of persons on preferred lists and employees\non leave of absence. Any employee who has been suspended from his\nposition through no fault of his own and whose name is on a preferred\nlist, and any employee on leave of absence from his position, shall be\nallowed to compete in a promotion examination for which he would\notherwise be eligible on the basis of his actual service before\nsuspension or leave of absence.\n 4. Departmental and interdepartmental promotion lists. The state civil\nservice department and municipal commissions may establish\ninterdepartmental promotion lists which shall not be certified to a\ndepartment until after the promotion eligible list for that department\nhas been exhausted.\n 5. Promotion units. In the state service, or in the service of a city\ncontaining more than one county, promotion examinations may be held for\nsuch subdivisions of a department as the state civil service department\nor the municipal commission of such city, as the case may be, may\ndetermine to be an appropriate promotion unit, but departmental and\ninterdepartmental promotion eligible lists shall not be certified to a\ndepartment until after the promotion unit eligible lists for that\ndepartment have been exhausted.\n 6. Promotion and transfer to administrative positions in the state\nservice. (a) For the purpose of this subdivision, the term\n"administrative positions" shall include competitive class positions in\nthe state service in law, personnel, budgeting, methods and procedures,\nmanagement, records analysis, and administrative research, as determined\nby the state civil service department.\n (b) Except as provided in section fifty-one, vacancies in\nadministrative positions shall be filled, so far as practicable, by\npromotion as prescribed in subdivision one of this section, which may be\nmade from among persons holding administrative positions in lower grades\nwithout regard to the specialties of their lower grade positions. The\ncivil service department, upon the request of an appointing officer\nstating the reasons why the filling of administrative positions in grade\nfourteen or higher under his jurisdiction from an interdepartmental\npromotion list or a promotion list including persons employed in other\nunits of government would be in the best interests of the state service,\nor upon its own initiative whenever it finds that the filling of\nadministrative positions in grade fourteen or
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.