§ 56 — Establishment and duration of eligible lists

New York § 56

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Examinations and Eligible Lists
• Art. 4: Recruitment of Personnel

Text

§ 56. Establishment and duration of eligible lists. 1. The duration of\nan eligible list shall be fixed at not less than one nor more than four\nyears; provided that, except for lists promulgated for police officer\npositions in jurisdictions other than the city of New York, in the event\nthat a restriction against the filling of vacancies exists in any\njurisdiction, the state civil service department or municipal commission\nhaving jurisdiction shall, in the discretion of the department or\ncommission, extend the duration of any eligible list for a period equal\nto the length of such restriction against the filling of vacancies.\nRestriction against the filling of vacancies shall mean any policy,\nwhether by executive order or otherwise, which, because of a financial\nemergency, prevents or limits the filling of vacancies in a title for\nwhich a list has been promulgated. An eligible list that has been in\nexistence for one year or more shall terminate upon the establishment of\nan appropriate new list, unless otherwise prescribed by the state civil\nservice department or municipal commission having jurisdiction.\n 2. Notwithstanding subdivision one of this section, the duration of\neligible lists established on or before December thirty-first, nineteen\nhundred ninety-six, shall be fixed at not less than one nor more than\nfour years; provided that, except for lists promulgated for police\nofficer positions in jurisdictions other than the city of New York, in\nthe event that a restriction against the filling of vacancies exists in\nany jurisdiction, the state civil service department or municipal\ncommission having jurisdiction shall, in the discretion of the\ndepartment or commission, extend the duration of any such eligible list\nfor a period equal to the length of such restriction against the filling\nof vacancies. Restriction against the filling of vacancies shall mean\nany policy, whether by executive order or otherwise, which prevents or\nlimits the filling of vacancies in a title for which such a list has\nbeen promulgated. An eligible list that has been in existence for one\nyear or more shall terminate upon the establishment of an appropriate\nnew list, unless otherwise prescribed by the state civil service\ndepartment or municipal commission having jurisdiction.\n 3. Notwithstanding any law to the contrary, the name of any applicant\nor eligible whose disqualification has been reversed or whose rank order\non an eligible list has been adjusted through administrative or judicial\naction or proceeding shall be placed on an eligible list for a period of\ntime equal to the period of disqualification or for the period the\napplication has been improperly ranked, up to a maximum period of one\nyear or until the expiration of the eligibility list, whichever is\nlonger. If an eligible list expires prior to the expiration of such\nperiod of restoration, the name of the applicant or eligible shall be\nplaced on a special eligible list, which shall have a duration equal to\nthe longer of (a) the remainder of the period of restoration or (b) two\nyears. An applicant or eligible whose disqualification has been reversed\nor whose rank order has been adjusted subsequent to the expiration of an\neligible list shall be placed on a special eligible list for a length of\ntime equal to the restored period of time not to exceed a maximum of one\nyear.\n 4. Notwithstanding the foregoing provisions of this section, where a\ncourt of competent jurisdiction has determined that an eligible list is\ninvalid, the court may order the creation of a special eligible list\nhaving a duration of not less than one nor more than four years\ncommencing at the time the corrected list is published.\n