New York Laws
Title C - Abolition of Positions; Suspension; Demotion
81 - Preferred Lists; Certification and Reinstatement Therefrom.

(a) Upon the occurrence of a vacancy in an appropriate position in the
service of a civil division, except in a city having a population of one
million or more, the names of persons on the preferred list shall be
certified to fill such vacancy in the following order: (1) persons
suspended from or demoted in the department or agency within which such
vacancy occurs; and (2) persons suspended from or demoted in other
departments and agencies in such civil division.
(b) Upon the occurrence of a vacancy in an appropriate position in the
state service, or in the service of a city having a population of one
million or more, the names of persons on the preferred list shall be
certified to fill such vacancy in the following order: (1) persons
suspended from or demoted in the department in which such vacancy
exists, except that where such vacancy exists in a separate suspension
and demotion unit, the names of persons suspended from or demoted in
such unit, and not those suspended from or demoted in the entire
department, shall be certified first; and (2) all other persons on such
preferred list.
3. Eligibility and order of certification for reinstatement of persons
suspended from or demoted in the service of a county in a city wholly
including within its limits two or more counties. Any person suspended
or demoted from a position in the service of a county in a city wholly
including within its limits two or more counties, where the compensation
of such position is paid directly from the treasury of such city, shall

be eligible for certification and reinstatement from the preferred list
to the same or similar position, or a similar position in a lower grade
in the same occupational field, in the service of any county within such
city. Upon the occurrence of a vacancy in an appropriate position in
the service of any such county, the names of persons on the preferred
list shall be certified to fill such vacancy in the following order:
(a) persons suspended from or demoted in the particular county office in
which such vacancy occurs; (b) persons suspended from or demoted in
other county offices in the same county in which such vacancy occurs;
(c) persons suspended from or demoted in county offices in other
counties within such city.
4. Certification of probationers from preferred list. Notwithstanding
the provisions of subdivisions two and three of this section, no person
suspended or demoted prior to the completion of his probationary term
shall be certified for reinstatement until the exhaustion of the
preferred list of all other eligibles thereon. Upon reinstatement, such
probationer shall be required to complete his probationary term.
5. Effect of failure or refusal to accept reinstatement. The state and
municipal civil service commissions shall adopt rules providing for the
relinquishment of eligibility for reinstatement upon failure or refusal
to accept reinstatement from a preferred list.
6. Salary upon reinstatement. A person reinstated from a preferred
list to his former position or a similar position in the same grade
shall receive at least the same salary such person was receiving at the
time of suspension or demotion.
7. Notwithstanding any other provisions of this chapter, the civil
service department or appropriate municipal commission may disqualify
for reinstatement and remove from a preferred list the name of any
eligible who is physically or mentally disabled for the performance of
the duties of the position for which such list is established, or who
has been guilty of such misconduct as would warrant his dismissal from
the public service, except that a partially physically handicapped
person, who is suspended pursuant to section eighty of this chapter
because of lack of work, but who, within six months of the date of his
suspension, is certified for reinstatement to any job item having the
same physical requirements as the job item from which the person was
suspended shall not be disqualified because of his physical handicap
unless a medical examination discloses that because his handicap has
become greater he would not be able to satisfactorily perform in such
job item. No person shall be disqualified pursuant to this subdivision
unless he is first given a written statement of the reasons therefor and
an opportunity for a hearing at which such reasons shall be established
by appropriate evidence, and at which such person may be represented by
counsel and present evidence. The civil service department or municipal
commission may designate a person to hold such hearing and report
thereon.
8. Notwithstanding any other provisions of this chapter, any person
may voluntarily remove his or her name from a preferred list by
application to the civil service department or appropriate municipal
commission.
9. An employee who is eligible to be placed on a preferred list
pursuant to this section and who elects, as a member of a public
employee retirement system, to retire upon a suspension or demotion,
shall be placed on a preferred list and shall be eligible for
reinstatement from such list.

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