§ A367-18. Transfers.

A. 

Transfer of eligibility for permanent appointment. Upon the written request of an individual and the prospective appointing authority, and subject to the approval of the Commission, any individual serving in a competitive class position as a permanent appointee may be permanently appointed to another competitive class position, subject to these rules, without further competitive examination, provided that:

(1) 

There is no preferred list appropriate for filling the position to which appointment is sought containing the name of an eligible willing to accept appointment.

(2) 

There is no departmental promotion list for the position to which appointment is sought containing the names of three or more eligibles willing to accept appointment.

(3) 

Scope and qualifications of examinations.

(a) 

The Commission determines that the examinations' scopes and qualifications for the positions held and to which appointment is sought are identical; or

(b) 

When the examinations' scopes and qualifications are not identical, the New York State Department of Civil Service has determined that the examination for the position held involved or would involve essential tests and qualifications the same as or greater than those of the position to which appointment is sought.

(4) 

The Commission has determined that such appointment is for the good of the service.

B. 

Transfers between state and local positions.

(1) 

A transfer may be made from a position in the state service to a position subject to these rules, provided that the prospective transferee meets the residence requirements, if any, applicable to the position to which transfer is sought.

(2) 

A transfer may be made from a position subject to these rules to a position in the service of the state, provided that the prospective transferee was, at or subsequent to the time of original appointment in an agency subject to these rules, eligible for certification and appointment to the position in the state service to which transfer is sought.

(3) 

A transfer pursuant to this section shall require the approval of the State Civil Service Department and the Municipal Civil Service Commission having jurisdiction over the local position to or from which transfer is made.

C. 

Transfers pursuant to reciprocal rules.

(1) 

This section shall apply to transfers between positions subject to these rules and positions in a civil division under the jurisdiction of the State Civil Service Department or under the jurisdiction of a municipal commission which had adopted a reciprocal rule permitting transfers of employees to and from other governmental jurisdictions.

(2) 

A transfer may be made pursuant to this section, provided that:

(a) 

The prospective transferee holds a position to which he was appointed from an eligible list resulting from an examination prepared and rated by the State Civil Service Department;

(b) 

Such examination is or would be appropriate for filling the position to which transfer is sought;

(c) 

Such person meets applicable residence requirements, if any, for the position to which transfer is sought; and

(d) 

Such person at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought.

(3) 

Any person holding a permanent appointment in a competitive class position in the service of a civil division may be transferred to a similar position in another civil division having qualifications and examination requirements similar to or lower than the position then held by such person, as determined by the State Civil Service Department, provided that a competitive examination for the latter position in which such person was eligible to compete has failed to produce sufficient eligibles to fill vacancies in the civil division to which transfer is sought.

(4) 

Any transfer pursuant to this reciprocal rule shall require the approval of the State Civil Service Department and the respective municipal commissions having jurisdiction over the positions from which and to which transfer is sought.

Amended effective 10-12-1988