§ 78 — Transfer of personnel upon the abolition of positions in state civil service

§ 78. Transfer of personnel upon the abolition of positions in state\ncivil service. 1. Where necessitated by reasons of economy, efficiency,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, employees may be transferred, without further examination,\nfrom one agency or department of the state, or from the Roswell Park\nCancer Institute as defined in subparagraph (i) of paragraph d of\nsection one of chapter forty-one of the laws of nineteen hundred\nninety-seven, as amended, to positions in the same title or any\ncomparable title, as determined by the department, in another department\nor agency of the state. Where more than one employee in the title and\nlocation from which transfer is to be made is eligible and willing to\naccept transfer, the department shall place the names of those employees\nupon a transfer list, and certify such list for filling vacancies, as\nhereinafter provided, first, in the same position; second, in any\nposition in a lower grade in line of promotion; and third, in any\ncomparable position. Such transfer list may be certified for filling a\nvacancy in any such position before certification is made from any other\neligible list, placement roster, reemployment or preferred list, except\nas provided in subdivision four of this section.\n 2. Order of certification of names from transfer list. a. The names of\npersons on a transfer list established to fill vacancies in the same\nposition or a position in a lower grade in line of promotion shall be\ncertified therefrom in the order of their original appointments, in\naccordance with the provisions of subdivision three of section eighty,\nsubdivision three of section eighty-a and subdivision seven of section\neighty-five of this chapter.\n b. The names of persons on a transfer list established to fill\nvacancies in a comparable position shall be certified therefrom with\nequal ranking for appointment.\n 3. Probation. a. Upon appointment to a position in the same title, a\nprobationer shall be required to complete his or her probationary term.\n b. Completion of a probationary term, to the extent provided for in\nthe rules promulgated by the commission pursuant to subdivision two of\nsection sixty-three of this chapter, shall be required for all\nappointments to a position in a comparable title.\n 4. Relative seniority. Where a preferred list exists containing the\nnames of persons who have been suspended or demoted from a position in\nthe same title to which an appointment is to be made, the relative\nseniority, determined in accordance with the provisions of subdivision\nthree of section eighty, subdivision three of section eighty-a and\nsubdivision seven of section eighty-five of this chapter, of the person\ncertified first on such preferred list willing to accept appointment and\nthe person certified first on the transfer list willing to accept\nappointment shall be compared and the person with the greater seniority\nshall be certified first.\n 5. Termination of eligibility. Eligibility for appointment from a\ntransfer list shall terminate on the date of the suspension, demotion or\nrelocation. Notwithstanding any other provision of this chapter, any\nemployee may voluntarily remove his or her name from a transfer list by\napplication to the department.\n 6. Rulemaking authority. The president shall adopt rules for carrying\ninto effect the provisions of this section, including rules for the\nrelinquishment of eligibility.\n 7. The department shall continue to establish lists under the\nprovisions of this section.\n