New York Laws
Title C - Abolition of Positions; Suspension; Demotion
81-A - Reemployment Rosters in the State Service; Certification and Reinstatement Therefrom.

§ 81-a. Reemployment rosters in the state service; certification and
reinstatement therefrom. 1. Establishment of reemployment rosters in the
state service; general provisions. The head of any department, office or
institution from which an employee in the state service is to be
suspended or demoted in accordance with the provisions of section eighty
or eighty-a of this article, shall, at least twenty days prior to such
suspension or demotion, furnish the state civil service department with
a statement showing such employee's name, title or position, date of
appointment, and the date of and reason for suspension or demotion. Upon
such employee's suspension or demotion, it shall be the duty of the
department to place the name of such employee upon a reemployment roster
for filling vacancies in any comparable position as determined by the
department, except that employees suspended or demoted from positions in
the non-competitive and labor classes may not be certified to fill
vacancies in the competitive class. Such reemployment roster shall be
certified for filling a vacancy in any such position before
certification is made from any other list, including a promotion
eligible list, but not prior to a preferred list. Eligibility for
reinstatement of a person whose name appears on any such reemployment
roster shall not continue for a period longer than four years from the
date of suspension or demotion provided, however, in no event shall
eligibility for reinstatement from a reemployment roster continue once
the person is no longer eligible for reinstatement from a preferred
list.

2. Order of certification of names from a reemployment roster. The
names of persons on a reemployment roster shall be certified therefrom
with equal ranking for reinstatement.

3. Probationary term. All reinstatements from a reemployment roster
shall require completion of a probationary term in accordance with rules
promulgated by the commission pursuant to subdivision two of section
sixty-three of this chapter.

4. Effect of reinstatement or failure or refusal to accept
reinstatement. The commission shall adopt rules providing for the
relinquishment of eligibility for reinstatement upon reinstatement or
upon failure or refusal to accept reinstatement from a preferred list or
a reemployment roster.

5. Notwithstanding any other provision of this chapter, the department
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely
physically incapacitated and who is suspended or demoted pursuant to
section eighty or eighty-a of this article because his or her position
has been abolished or reduced, but who is certified for reinstatement to
any position having the same physical requirements as the position from
which such person was suspended or demoted, shall not be disqualified
because of his or her incapacity, unless upon medical examination his or
her incapacity has worsened to a degree that he or she would not be able
to satisfactorily perform in such position. No person shall be
disqualified pursuant to this subdivision unless he or she is first
given a written statement of the reasons therefor and an opportunity to
be heard at a hearing at which satisfactory proof of such reasons must
be established by appropriate evidence, and at which such person may
present independent evidence and be entitled to representation by
counsel. The department shall designate a person to hold such hearing
and report thereon.


6. Notwithstanding any other provision of this chapter, any person may
voluntarily remove his or her name from a reemployment roster by
application to the department.

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