New York CVS Code § 61

Appointment and promotion
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§ 61. Appointment and promotion. 1. Appointment or promotion from\neligible lists. Appointment or promotion from an eligible list to a\nposition in the competitive class shall be made by the selection of one\nof the three persons certified by the appropriate civil service\ncommission as standing highest on such eligible list who are willing to\naccept such appointment or promotion; provided, however, that the state\nor a municipal commission may provide, by rule, that where it is\nnecessary to break ties among eligibles having the same final\nexamination ratings in order to determine their respective standings on\nthe eligible list, appointment or promotion may be made by the selection\nof any eligible whose final examination rating is equal to or higher\nthan the final examination rating of the third highest standing eligible\nwilling to accept such appointment or promotion. Appointments and\npromotions shall be made from the eligible list most nearly appropriate\nfor the position to be filled.\n  2. Prohibition against out-of-title work. No person shall be\nappointed, promoted or employed under any title not appropriate to the\nduties to be performed and, except upon assignment by proper authority\nduring the continuance of a temporary emergency situation, no person\nshall be assigned to perform the duties of any position unless he has\nbeen duly appointed, promoted, transferred or reinstated to such\nposition in accordance with the provisions of this chapter and the rules\nprescribed thereunder. No credit shall be granted in a promotion\nexamination for out-of-title work.\n  3. Notification to eligible candidates. Persons on an eligible list\nwho are certified pursuant to section sixty of this chapter and are\nconsidered and not selected for appointment or promotion pursuant to\nthis section shall, whenever another candidate is appointed or promoted,\nbe given or sent written notice by the appointing authority of such\nnon-selection. In a city containing more than one county, persons on an\neligible list who are made ineligible for further certification pursuant\nto a rule of the appropriate municipal commission shall be given or sent\nwritten notice of such ineligibility. Sending written notice by ordinary\nmail to the last address of record shall be adequate to comply with the\nrequirements of this subdivision.\n  * 4. Appointment and promotion letter. (a) An appointing authority who\nextends an offer of appointment or promotion to a position in the\nclassified service to any person shall provide such person with an\nappointment letter within fourteen days of the effective date of such\nappointment. Such appointment letter shall include:\n  (i) the appointment type being offered, whether permanent,\nprovisional, temporary, temporary pending commission approval, or any\nother appointment type authorized by law, rule, or regulation;\n  (ii) the position type and, if the position is not a permanent\nposition, the expected duration of the appointment, and, if the position\nis not a full-time position, the expected percentage of time at work per\nweek;\n  (iii) the jurisdictional class of the position;\n  (iv) if a probationary period is required upon appointment, the\nminimum and maximum duration of such period and information regarding an\nappointee's tenure rights, if any, upon completion of the probationary\nperiod;\n  (v) the starting salary or wages that the person would earn upon\nappointment, provided that such salary or wages shall be specific to the\nindividual being offered appointment, and the full salary range of the\ntitle;\n  (vi) if the individual to whom appointment is offered has prior graded\nservice at a higher salary grade than the position to which an offer of\nappointment has been made, an explanation of how such individual's\nsalary shall be reduced upon appointment, if any;\n  (vii) the bargaining unit representing the title to which such person\nis being appointed and, if applicable, the contact infor

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