2006 New York Code - Provisional Appointments

 
    § 65. Provisional       appointments. 1. Provisional      appointments
  authorized.  Whenever there is no appropriate  eligible  list  available
  for  filling  a vacancy in the competitive class, the appointing officer
  may nominate a person to the state civil service department or municipal
  commission for non-competitive examination, and if such nominee shall be
  certified by such department or municipal commission as qualified  after
  such  non-competitive  examination, he may be appointed provisionally to
  fill such vacancy until a selection and appointment can  be  made  after
  competitive examination. Such non-competitive examination may consist of
  a   review   and  evaluation  of  the  training,  experience  and  other
  qualifications  of  the  nominee,  without  written,   oral   or   other
  performance tests.
    2.   Time  limitation  on  provisional  appointments.  No  provisional
  appointment shall continue for a period in excess of  nine  months.  The
  civil  service  department  shall  for  competitive positions within its
  jurisdiction,  and  a  municipal  civil  service  commission  shall  for
  competitive  positions  within  its  jurisdiction, order a civil service
  examination for any position  held  by  provisional  appointment  for  a
  period  of  one  month and such department or commission shall conduct a
  civil service examination, or see that such an examination is conducted,
  as soon as practicable thereafter, in order to prevent  the  provisional
  appointment from continuing for a period in excess of nine months.
    3.  Termination of provisional appointments. A provisional appointment
  to any position shall be terminated  within  two  months  following  the
  establishment  of  an appropriate eligible list for filling vacancies in
  such positions; provided, however, that where there are a  large  number
  of  provisional appointees in any department or agency in the service of
  the state or any civil division thereof  to  be  replaced  by  permanent
  appointees  from  a  newly established eligible list, and the appointing
  officer or body deems that the termination of the employment of all such
  provisional appointees within two months following establishment of such
  list would disrupt or impair essential public services, evidence thereof
  may be presented to the civil service department or municipal commission
  having jurisdiction which, after due inquiry, and upon finding  that  it
  is  in the best interest of the public service, may waive the provisions
  of this subdivision requiring  the  termination  of  the  employment  of
  provisional  appointees within two months following the establishment of
  an appropriate eligible  list  and  authorize  the  termination  of  the
  employment  of  various numbers of such provisional appointees at stated
  intervals prescribed by such commission; provided, however, that  in  no
  case shall the employment of any such provisional appointee be continued
  longer  than  four  months  following the establishment of such eligible
  list.
    4.  Successive  provisional   appointments.   Successive   provisional
  appointments shall not be made to the same position after the expiration
  of the authorized period of the original provisional appointment to such
  position; provided, however, that where an examination for a position or
  group  of  positions  fails  to  produce  a  list  adequate  to fill all
  positions then held on a  provisional  basis,  or  where  such  list  is
  exhausted  immediately  following  its  establishment, a new provisional
  appointment may be made to  any  such  position  remaining  unfilled  by
  permanent  appointment, and such new provisional appointment may, in the
  discretion of the appointing authority, be given to a current or  former
  provisional  appointee in such position, except that a current or former
  provisional appointee who becomes eligible for permanent appointment  to
  any  such  position shall, if he is then to be continued in or appointed
  to any such position be afforded permanent appointment to such position.