 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9253
 
                   IN ASSEMBLY
 
                                    February 22, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the  civil  service  law,  in  relation  to  provisional
          appointments
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 65 of the civil  service  law,  as
     2  added by chapter 790 of the laws of 1958, is amended to read as follows:
     3    1. Provisional  appointments  authorized.  (a)  Whenever  there  is no
     4  appropriate eligible list available for filling a vacancy in the compet-
     5  itive class, the appointing officer may nominate a person to  the  state
     6  civil  service  department  or  municipal commission for non-competitive
     7  examination, and if such nominee shall be certified by  such  department
     8  or municipal commission as qualified after such non-competitive examina-
     9  tion,  he  may  be  appointed provisionally to fill such vacancy until a
    10  selection and appointment can be  made  after  competitive  examination.
    11  Such  non-competitive examination may consist of a review and evaluation
    12  of the training, experience and other  qualifications  of  the  nominee,
    13  without written, oral or other performance tests.
    14    (b)  In the event a provisional employee at a school district or board
    15  of cooperative educational services has exhausted the nine month  provi-
    16  sional  appointment limitation and no appropriate eligible list has been
    17  established:
    18    (i) such employee shall be granted permanent status if  such  employee
    19  has exceeded the probationary term; or
    20    (ii)  if  such  employee  has not exceeded the probationary term, such
    21  provisional service shall count  as  service  towards  the  probationary
    22  term.
    23    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11638-01-3
Relates to provisional appointments

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