Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Monday, October 03, 2011

Qualifying for promotion examination


Qualifying for promotion examination
Liebe v Nassau County CSC, 291 A.D.2d 451

Richard Liebe asked the Nassau County Civil Service Commission to add his name to the list of eligible candidates for the position of Sanitary Engineer IV. The Commission said no, it would not do so and Liebe sued.

The Appellate Division said that the Commission's refusal to add Liebe's name to the promotion list of individuals qualified for the promotion to the position of Sanitary Engineer IV was neither arbitrary nor capricious.

The court noted that Section 52.1 of the Civil Service Law provides that vacancies in the competitive class shall be filled, as far as practicable, by promotion of persons holding lower grade positions in the direct line of promotion. According to the decision, Liebe simply "did not hold a position in the direct line of promotion."

Who determines if a position is in the "direct line of promotion or not?" Section 52.1 states that the State Department of Civil Service or the Civil Service Commission having jurisdiction makes that determination.

The decision also notes that Liebe made no showing that it was impracticable or that it was against public interest for the Nassau County Civil Service Commission to limit eligibility for the promotion examination for Sanitary Engineer IV to employees in positions in the direct line of promotion.

However, there are a number of exceptions to the general rule concerning promotion from within via the direct line of promotion.

CSL Section 51.1 permits the State Department of Civil Service or a municipal commission to conduct an open competitive examination to fill a vacancy normally filled by promotion examination.

In such cases, however, any employee who believes that a promotion examination should be held to fill the vacancy may submit his or her request to the Department or appropriate municipal commission, stating the reasons why he or she believes it to be practicable and in the public interest to fill the vacancy by promotion examination.

Further, where there are less than three persons eligible for promotion in the promotion unit or department where the vacancy exists, the department or municipal commission may conduct an open competitive examination or an employee may be nominated for a noncompetitive promotion examination in accordance with the provisions of CSL Section 52.7.

Under certain circumstances the Department of Civil Service may authorize a "noncompetitive open-competitive examination" to fill the vacancy in `State Departments and Agencies' consistent with the requirements set out in the Rules for the Classified Service, 4 NYCRR 4.2(b).

A relatively rarely used type of noncompetitive examination is authorized by CSL Section 70.4. A Section 70.4 examination may be authorized in situations involving the transfer of an employee to a position in a similar grade where there is a title change. In such cases, a permanent employee in the competitive class who meets all of the requirements for a competitive examination and who is found otherwise qualified by the State Civil Service Commission or the responsible municipal civil service commission may be given a non-competitive examination to the "different position classification."

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.