§ 27 — Appointment or promotion; manner of selection

[ First paragraph effective until November 20, 2024. For text effective November 20, 2024, see below.]Section 27. Except as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons. If such eligible list contains the names of fewer than three such persons, the appointing authority may appoint from among those persons or may request authorization to make a provisional appointment pursuant to sections twelve, thirteen and fourteen.[ First paragraph as amended by 2024, 238, Secs. 129 to 131 effective November 20, 2024. For text effective until November 20, 2024, see above.]Except as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept a promotional appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons. In the case of either an original or promotional vacancy, if such eligible list contains the names of fewer than three such persons, the appointing authority may appoint from among those persons or may request authorization to make a provisional appointment pursuant to sections twelve, thirteen and fourteen. If the administrator or an appointing authority delegated by the administrator, applying the formula for original appointments set out in the rules of the administrator, certifies from an eligible list the names of persons who are qualified and willing to accept an original appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons; provided, however, that for each such person, if any, who is bypassed or rejected as not being in compliance with applicable entrance requirements or who withdraws from the application process, the appointing authority may appoint from among a group that includes the next highest-ranked person on the certification; and provided further, that the administrator or an appointing authority delegated by the administrator shall not include the name of any person who has been so bypassed or rejected on any future certification from the same original appointment eligible list unless directed to do so by the commission.[ Second paragraph effective until November 20, 2024. For text effective November 20, 2024, see below.]If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name is highest is willing to accept such appointment, the appointing authority shall immediately file with the administrator a written statement of his reasons for appointing the person whose name was not highest. Such an appointment of a person whose name was not highest shall be effective only when such statement of reasons has been received by the administrator. The administrator shall make such statement available for public inspection at the office of the department.[ Second paragraph as amended by 2024, 238, Sec. 132 effective November 20, 2024. For text effective until November 20, 2024, see above.]If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name ranks highest on the certification is willing to accept such appointment, the appointing authority shall immediately provide to the person who ranked highest a written statement of the reasons for appointing the person whose name was not highest and such appointment shall be effective only when such statement of reasons has been provided. This written statement shall notify the bypassed individual of their right to appeal to the commission, should the reasons proffered not be deemed by the individual sound and sufficient, within 60 days of issuance of the statement of reasons. In response to a public records request, the appointing authority shall make a copy of such statement available for inspection.