N.Y. Comp. Codes R. & Regs. tit. 4 § 5.1

Current through Register Vol. 46, No. 18, May 1, 2024

Section 5.1 - Transfers

(a) General conditions and limitations. In addition to the conditions and limitations pre scribed by statute or in other provisions of these rules, transfers shall be subject to the following requirements:

(1) A transfer may not be made to a position for which a preferred list exists containing the name of an eligible willing to accept reinstatement to such position, unless the vacancy created by such transfer is in the same geographical area as the position to which transfer is made and such eligible is simultaneously offered reinstatement to such vacancy.

(2) A transfer may be made only if the position to which transfer is sought is at the same or substantially the same or a lower salary level than the position from which transfer is sought.

(3) Every transfer shall require the consent, in writing, of the transferee and of the appointing authority having jurisdiction over the position to which transfer is sought, and the approval of the Civil Service Department.

(b) Transfers between geographical areas. Except for reassignment under a reassignment list program approved by the Department of Civil Service, and except for transfer or reassignment pursuant to section 5.8 of this Part, a person appointed to a position in the State service in any particular geographical area may not, for at least one year, be transferred or reassigned to a similar position in another geographical area unless he is reachable for appointment to such other position from the eligible list from which appointed.

(c) [Reserved]

(d) Transfers between State and local positions.

(1) A transfer may be made from a position in the State service to a position in the service of a civil division, provided the prospective transferee meets the residence requirements, if any, applicable to the position to which transfer is sought.

(2) A transfer may be made from a position in the service of a civil division to a position in the service of the State, provided the prospective transferee was, at or subsequent to the time or original appointment in the service of the civil division, eligible for certification and appointment to the position in the State service to which transfer is sought.

(3) A transfer pursuant to this subdivision shall require the approval of the State Civil Service Department and the municipal civil service commission having jurisdiction over the local position to or from which transfer is made.

(e) Transfers between positions in different civil divisions under the jurisdiction of the Civil Service Department. A transfer may be allowed from a position in one civil division to a position in another civil division under the jurisdiction of the Civil Service Department, provided the prospective transferee meets applicable residence requirements, if any, for the position to which transfer is sought and provided such prospective transferee at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought. A transfer may also be allowed from a position in one such civil division to a position in another such civil division whenever a competitive examination for the latter position in which the prospective transferee was eligible to compete has failed to produce sufficient eligibles to fill all vacancies in the position to which transfer is sought.

(f) Transfers pursuant to reciprocal rules.

(1) This section shall apply to transfers between positions in a civil division under the jurisdiction of the State Civil Service Department and positions under the jurisdiction of a municipal commission which has adopted a reciprocal rule permitting transfers of employees to and from other governmental jurisdictions, and to transfers between positions under the jurisdiction of two respective municipal commissions which have adopted such reciprocal rules.

(2) A transfer may be made pursuant to this subdivision, provided that:

(i) the prospective transferee holds a position to which he was appointed from an eligible list resulting from an examination prepared and rated by the State Civil Service Department;

(ii) such examination is or would be appropriate for filling the position to which transfer is sought;

(iii) such person meets applicable residence requirements, if any, for the position to which transfer is sought; and

(iv) such person at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought.

(3) Any person holding a permanent appointment in a competitive class position in the service of a civil division may be transferred to a similar position in another civil division having qualifications and examination requirements similar to or lower than the position then held by such person, as determined by the State Civil Service Department, provided that a competitive examination for the latter position in which such person was eligible to compete has failed to produce sufficient eligibles to fill vacancies in the civil division to which transfer is sought.

(4) Any transfer pursuant to this reciprocal rule shall require the approval of the Civil Service Department and the respective municipal commissions having jurisdiction over the department and the respective municipal commissions having jurisdiction over the positions from which and to which transfer is sought.

(g) Transfers between State, county, and city positions within the city of New York. Not withstanding the provisions of subdivisions (d), (e) and (f) of this section, employees in the service of New York City or of any county wholly included within such city, or in the State service where the compensation of their positions is paid directly from the treasury of such city, may be transferred to similar and corresponding positions interchangeably. Any such transfer shall require the approval of the State Civil Service Department and the department of personnel of such city.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 5.1