There is a newer version of the New York Consolidated Laws
2006 New York Code - Officers Or Employees Designated To Serve In Exempt Civil Service Positions.
§ 821. Officers or employees designated to serve in exempt civil service positions. a. Notwithstanding any provision in this charter to the contrary, the mayor or head of an agency may designate any officer or employee occupying a position in the competitive class of the civil service to serve in a position in the exempt class, and in such case, the officer or employee so designated shall thereupon enter upon and exercise all the powers and duties and receive the salary of such exempt position, and shall retain all the rights, privileges and status of such officer or employee's position in the competitive class. b. The appointment of any person chosen to fill the position thus left vacant shall be temporary and shall terminate upon the return of such officer or employee to such position as provided in subdivision e of this section. c. Such designation shall be in writing and shall be filed and remain of record in the office of such agency, in the office of the commissioner and in the office of the mayor and shall remain in force until revoked by the mayor or head of such agency, as the case may be. d. Service in such position in the exempt class shall be credited as service in the competitive class and the status of such officer or employee in respect to pensions or otherwise shall not be adversely affected by such designation. e. Upon the termination of the officer or employee's services in such exempt position, except by dismissal for cause in the manner provided in section seventy-five of the civil service law, such officer or employee shall immediately and without further application return to the position in the competitive class with the status, rights, privileges and salary enjoyed immediately prior to the designation to the position in the exempt class.
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