New York Laws
Title C - Abolition of Positions; Suspension; Demotion
81-B - Placement Rosters in the State Service; Certification and Appointment Therefrom.

§ 81-b. Placement rosters in the state service; certification and
appointment therefrom. 1. Establishment of placement 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, no later than the date on which he
or she furnishes the state civil service department with the employee
information required pursuant to section eighty-one-a of this article
for purposes of establishing reemployment rosters, furnish the state
civil service department with a statement showing such employee's name,
title or position, date of appointment, and the anticipated date of and
reason for suspension or demotion. Upon receiving such information, it
shall be the duty of the department forthwith to place the name of such
employee upon a placement roster for filling vacancies in the same title
or 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 placement 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 or a reemployment roster. Eligibility for appointment of
an employee whose name appears on any such placement roster shall
terminate at such time as the employee is suspended or demoted in
accordance with the provisions of section eighty or eighty-a of this
article. Upon such employee's suspension or demotion, the department
shall place the name of such employee upon a preferred list, and a
reemployment roster as appropriate, in accordance with the provisions of
sections eighty-one and eighty-one-a of this article.

2. Order of certification of names from a placement roster. The names
of employees on a placement roster shall be certified therefrom with
equal ranking for appointment.

3. Probationary term. All appointments from a placement 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 appointment or failure or refusal to accept appointment.
The commission shall adopt rules providing for the relinquishment of
eligibility for appointment upon appointment or upon failure or refusal
to accept appointment from a placement roster.

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

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