§ 64 — Temporary appointments

New York § 64

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Appointment and Promotion
• Art. 4: Recruitment of Personnel

Text

§ 64. Temporary appointments. 1. Temporary appointments authorized;\nduration. A temporary appointment may be made for a period not\nexceeding three months when the need for such service is important and\nurgent. A temporary appointment may be made for a period exceeding\nthree months under the following circumstances only:\n (a) when an employee is on leave of absence from his position, a\ntemporary appointment to such position may be made for a period not\nexceeding the authorized duration of such leave of absence as prescribed\nby statute or rule;\n (b) a temporary appointment may be made for a period not exceeding six\nmonths when it is found by the state civil service department or\nappropriate municipal civil service commission, upon due inquiry, that\nthe position to which such appointment is proposed will not continue in\nexistence for a longer period; provided, however, that where a temporary\nappointment is made to a position originally expected to exist for no\nlonger than six months and it subsequently develops that such position\nwill remain in existence beyond such six-month period, such temporary\nappointment may be extended, with the approval of the state civil\nservice department or municipal civil service commission having\njurisdiction, for a further period not to exceed an additional six\nmonths;\n (c) when the department of civil service or appropriate municipal\ncivil service commission of any city containing more than one county\nfinds that a reduction or abolition of positions in the state service or\nsuch city service is planned or imminent and that such reduction or\nabolition of positions will probably result in the suspension or\ndemotion of permanent employees, such department or commission may\nauthorize temporary instead of permanent appointments to be made for a\nperiod not exceeding one year in positions in state service or such city\nservice to which permanent employees to be affected by such abolition or\nreduction of positions will be eligible for transfer or reassignment.\n Successive temporary appointments shall not be made to the same\nposition after the expiration of the authorized period of the original\ntemporary appointment to such position.\n 2. Temporary appointments from eligible lists. A temporary appointment\nfor a period not exceeding three months may be made without regard to\nexisting eligible lists. A temporary appointment for a period exceeding\nthree months but not exceeding six months may be by the selection of a\nperson from an appropriate eligible list, if available, without regard\nto the relative standing of such person on such list. Any further\ntemporary appointment beyond such six month period or any temporary\nappointment originally made for a period exceeding six months shall be\nmade by the selection of an appointee from among those graded highest on\nan appropriate eligible list, if available.\n 3. Temporary appointments without examination in exceptional cases.\nNotwithstanding the provisions of subdivisions one and two of this\nsection, the civil service department or municipal commission having\njurisdiction may authorize a temporary appointment, without examination,\nwhen the person appointed will render professional, scientific,\ntechnical or other expert services (1) on an occasional basis or (2) on\na full-time or regular part-time basis in a temporary position\nestablished to conduct a special study or project for a period not\nexceeding eighteen months. Such appointment may be authorized only in a\ncase where, because of the nature of the services to be rendered and the\ntemporary or occasional character of such services, it would not be\npracticable to hold an examination of any kind.\n 4. The state and municipal civil service commissions may, by rule,\nprovide for the extension of some or all of the rights and benefits of\npermanent status to an employee who is appointed or promoted, after\nhaving qualified therefor in the same manner as required for permanent\nappointment or promotion, to a position left temporarily vacant by the\nleave of absence of the permanent incumbent thereof. Such rights and\nbenefits shall be subject to such conditions and limitations as may be\nprescribed in the rules.\n