§ A367-15. Probationary term., Chapter A367. Municipal Civil Service Commission Rules and Regulations, Appendix, Code of Ordinances, New Rochelle

General.

(1)

Except as herein otherwise provided, every permanent appointment from an open-competitive list and every original appointment to a position in the noncompetitive, exempt or labor class shall be for a probationary term of not less than eight nor more than 26 weeks.

(2)

The probationary term for training positions in which an appointee is required to serve a specified training term shall be not less than 12 nor more than 52 weeks.

(3)

An appointment shall become permanent upon the retention of the probationer after his completion of the maximum period of service or upon earlier written notice following completion of the minimum period of service that his probationary term is successfully completed. A copy of such notice shall be sent to the Commission. If the conduct or performance of a probationer is not satisfactory, his employment may be terminated at any time after the completion of the minimum period of service in the manner as prescribed in these rules. If the conduct or performance of a probationer is not satisfactory, his employment may be terminated at any time after the completion of the minimum period of service in the manner as prescribed in these rules.

[Amended 10-17-1995 by Ord. No. 228-1995]

(a)

(b)

The probationary term for training positions in which an appointee is required to serve a specific training term shall be not less than 12 nor more than 52 weeks.

(c)

(d)

The probationary term for every permanent appointment from an open-competitive eligible list to the position of police officer shall be for a probationary term of not less than 26 weeks nor more than 64 weeks.

(4)

Notwithstanding the provisions of § A367-14A, when a permanent employee is appointed or promoted from a certified eligible list to Police Sergeant, Police Lieutenant, Fire Lieutenant or Fire Captain, he/she shall be required to serve a probationary term of not less than 26 weeks nor more than 52 weeks.

[Added effective 10-12-1988]

Editor's Note: Former Subsection A(4), which immediately preceded this subsection and dealt with the probationary term of police officers and fire fighters, was repealed 10-17-1995 by Ord. No. 228-1995. This ordinance also renumbered former Subsection A(5) as Subsection A(4).

Interdepartmental promotions and transfers. An interdepartmental promotion or transfer means a promotion or transfer from a position in one department to a position in another department. Every interdepartmental promotion or transfer shall be for a probationary term of 12 weeks. If the conduct or performance of the probationer is not satisfactory, his employment in such position shall be discontinued at the end of such term. For the purposes of this subsection, the term "promotion" shall include the appointment of an employee to a higher grade position in the noncompetitive or exempt class.

Promotions.

[Added 10-20-1988; amended 10-17-1995 by Ord. No. 228-1995]

(1)

Notwithstanding the provisions of § A367-14A, when a permanent employee is appointed or promoted from a certified eligible list to any position within the City School District of New Rochelle, he/she shall be required to serve a probationary term of 12 weeks.

(2)

Interdepartmental promotions and transfers. An "interdepartmental promotion or transfer" means a promotion or transfer from a position in one department to a position in another department. Every interdepartmental promotion or transfer shall be for a probationary term of 12 weeks. If the conduct or performance of the probationer is not satisfactory, his employment in such position shall be discontinued at the end of such term. For the purposes of this subsection, the term "promotion" shall include the appointment of an employee to a higher grade position in the noncompetitive or exempt class.

Notwithstanding the provisions of Rule XIII(1), every promotion or transfer within the City of New Rochelle, the Public Library and the Municipal Housing Authority shall be for a probationary term of 12 weeks. If the conduct or performance of the probationer is not satisfactory, his/her employment in such position shall be discontinued at the end of such term. For purposes of this subsection, the term "promotion" shall include all employees in the competitive, noncompetitive, exempt and labor class.

[Added 10-17-1995 as Ord. No. 228-1995]

Editor's Note: Pursuant to the addition of this subsection, formerly relettered Subsections D through K were relettered as Subsections E through L, respectively.

Restoration to permanent position. When a permanent employee is promoted or transferred to a position in which he is required to serve a probationary term, the position thus vacated by him shall not be filled, except on a temporary basis, during such probationary term. At any time during such probationary term the employee shall have the right to return to his previous position at his own election. If the conduct or performance of the probationer is not satisfactory, he shall be restored to his former permanent position at the end of his probationary term.

Absence during probationary term. Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term may, in the discretion of the appointing authority, be counted as time served in the probationary term. Any such periods of absence in excess of an aggregate of 10 workdays shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of his absence which, pursuant to this section, are not considered as time served in the probationary term. Nothing in this section shall be construed to except a probationer from the application of § A367-21D.

Report on probationer's service. The probationer's supervisor shall carefully observe his conduct and performance and, at least two weeks prior to the end of the probationary term, shall report thereon in writing to the proper appointing authority. The supervisor shall also, from time to time during the probationary term, advise the probationer of his status and progress. A probationer whose services are to be terminated for unsatisfactory service shall receive written notice at least one week prior to such termination and, upon request, shall be granted an interview with the appointing authority or his representatives.

Restoration to eligible list. A probationer whose employment is terminated or who resigns before the end of his probationary term may request that his name be restored to the eligible list from which he was appointed, provided that such list is still in existence. His name may be restored to such list if the Commission, in its discretion, determines that the probationer should be given a second opportunity for appointment.

Temporary or provisional service in higher level position. When an employee who has not completed his probationary term is appointed on a temporary or provisional basis to a higher position, the period of temporary or provisional service rendered by such employee in such higher level position may, in the discretion of the appointing authority, be considered as satisfactory probationary service in his lower position and may be counted as such in determining the satisfactory completion of such probationary term. At any time after the expiration of the minimum period of the probationary term, or the entire probationary term if it is one of fixed duration, the appointing authority shall, on request of such probationer, furnish his decision in writing as to whether or not service in such higher level position shall be considered as satisfactory probationary service. In the event of an adverse decision by the appointing authority, such probationer, at his request, shall be returned to his lower position for sufficient time to permit him to complete his probationary term. The employment of such a probationer in his lower position shall not be terminated at the end of his probationary term on account of unsatisfactory service unless he shall have actually served in such position, in the aggregate, at least the minimum period specified for such probationary term or the entire probationary term if it is one of fixed duration.

Removal during probationary term. Nothing contained in this section shall be construed to limit or otherwise affect the authority of an appointing authority pursuant to § 75 of the Civil Service Law, at any time during the probationary term, to remove a probationer for incompetency or misconduct.

Notwithstanding any other provisions of these rules, the appointment or promotion of a police officer shall not become permanent unless and until he has satisfied such requirements as may be applicable to him under § 209-q of the General Municipal Law. If a police officer is promoted to a higher rank for which he has met all requirements of eligibility for permanent promotion, except training requirements applicable under § 209-q of the General Municipal Law, he shall be deemed to be on leave of absence from the lower rank position from which he was promoted pending completion of such training. During such period such lower rank position may not be filled except on a temporary basis. In the event of his failure to complete such training successfully within the time allowed therefor, he shall be restored to such lower rank position.

Any employee who is reinstated to a position after a separation of more than one year, either in his former jurisdiction or in another jurisdiction, shall serve a new probationary period in the same manner and subject to the same requirements as apply upon the original appointment to such position.