ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Labor & Employment Law

: New York Public Personnel Law

The difference between a mandatory list and a non-mandatory list

ADVERTISEMENTS
The difference between a mandatory list and a non-mandatory list
Wall v Town of Niskayuna, USDC, N.D.N.Y. 1-29-2009, 07-CV-350, decided May 22, 2009

One of the central issues in the Wall case* concerning the 2005 promotion of a police officer from Sergeant to Lieutenant was the allegation that the promotion was made from a civil service list that was invalid because it contained the names of only two candidates while three were needed to constitute a valid list.

Making a permanent appointment from an eligible list consisting of less than three names is lawful as such an appointment has been made from a valid eligible list. It is simply that a list containing the names of less than three persons interested in appointment to the position is not a mandatory eligible list.

Where there is a non-mandatory list in existence, the appointing authority may [1] select an individual whose name is on the list for permanent appointment to the position or [2] make a provisional appointment to the position or [3] elect to keep the position vacant.

In contrast, where there is a mandatory list available for appointment to the position, the appointing authority may either [1] appoint one of the three candidates receiving the highest scores permanently to the position or [2] elect to keep the position vacant.

In the event the appointing authority elects to make a provisional appointment when a non-mandatory eligible list is available, the appointing authority may either [1] provisionally appoint an individual whose name is on the eligible list or [2] provisionally appoint some other individual who meets the minimum qualifications for appointment to the position.

However, Civil Service Law Section 65.4 and case law provide that in the event the appointing authority appoints an individual whose name is on a non-mandatory list to the position as a provisional appointee, the provisional appointee will attain permanent status in the position if he or she is so retained for a period in excess of the probationary period for the position.

The various terms, conditions and circumstances under which such permanent status obtains to the benefit of a provisional appointee are considered in such decisions as Matter of Roulette, 40 AD2d 611, Haynes v Chautauqua County, 55 NY2d 814, Becker v New York State Civil Service Commission, 61 NY2d 252 and La Sota v Green, 53 NY2d 491.

* Police Sergeant Frances Wall alleged that she was not selected for promotion from Sergeant to Lieutenant because of her gender. The jury?s verdict: gender played no role in her not being selected for the promotion.

Full post as published by New York Public Personnel Law on May 27, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 10:54:34)