N.Y. Civ. Serv. Law § 81-b

§ 81-b. Placement rosters in the state service; certification and\nappointment therefrom. * 1. Establishment of placement rosters in the\nstate service; general provisions. The head of any department, office or\ninstitution from which an employee in the state service is to be\nsuspended or demoted in accordance with the provisions of section eighty\nor eighty-a of this article, shall, no later than the date on which he\nor she furnishes the state civil service department with the employee\ninformation required pursuant to section eighty-one-a of this article\nfor purposes of establishing reemployment rosters, furnish the state\ncivil service department with a statement showing such employee's name,\ntitle or position, date of appointment, and the anticipated date of and\nreason for suspension or demotion. Upon receiving such information, it\nshall be the duty of the department forthwith to place the name of such\nemployee upon a placement roster for filling vacancies in the same title\nor in any comparable position as determined by the department, except\nthat employees suspended or demoted from positions in the\nnon-competitive and labor classes may not be certified to fill vacancies\nin the competitive class. Such placement roster shall be certified for\nfilling a vacancy in any such position before certification is made from\nany other list, including a promotion eligible list, but not prior to a\npreferred list or a reemployment roster. Eligibility for appointment of\nan employee whose name appears on any such placement roster shall\nterminate at such time as the employee is suspended or demoted in\naccordance with the provisions of section eighty or eighty-a of this\narticle. Upon such employee's suspension or demotion, the department\nshall place the name of such employee upon a preferred list, and a\nreemployment roster as appropriate, in accordance with the provisions of\nsections eighty-one and eighty-one-a of this article.\n * NB Effective until February 19, 2024\n * 1. Establishment of placement rosters in the state service; general\nprovisions. The head of any department, office or institution from which\nan employee in the state service is to be suspended or demoted in\naccordance with the provisions of section eighty of this article, shall,\nno later than the date on which they furnish the state civil service\ndepartment with the employee information required pursuant to section\neighty-one-a of this article for purposes of establishing reemployment\nrosters, furnish the state civil service department with a statement\nshowing such employee's name, title or position, date of appointment,\nand the anticipated date of and reason for suspension or demotion. Upon\nreceiving such information, it shall be the duty of the department\nforthwith to place the name of such employee upon a placement roster for\nfilling vacancies in the same title or in any comparable position as\ndetermined by the department, except that employees suspended or demoted\nfrom positions in the noncompetitive and labor classes may not be\ncertified to fill vacancies in the competitive class. Such placement\nroster shall be certified for filling a vacancy in any such position\nbefore certification is made from any other list, including a promotion\neligible list, but not prior to a preferred list or a reemployment\nroster. Eligibility for appointment of an employee whose name appears on\nany such placement roster shall terminate at such time as the employee\nis suspended or demoted in accordance with the provisions of section\neighty of this article. Upon such employee's suspension or demotion, the\ndepartment shall place the name of such employee upon a preferred list,\nand a reemployment roster as appropriate, in accordance with the\nprovisions of sections eighty-one and eighty-one-a of this article.\n * NB Effective February 19, 2024\n 2. Order of certification of names from a placement roster. The names\nof employees on a placement roster shall be certified therefrom with\nequal ranking for appointment.\n 3. Probationary term. All appointments from a placement roster shall\nrequire completion of a probationary term in accordance with rules\npromulgated by the commission pursuant to subdivision two of section\nsixty-three of this chapter.\n 4. Effect of appointment or failure or refusal to accept appointment.\nThe commission shall adopt rules providing for the relinquishment of\neligibility for appointment upon appointment or upon failure or refusal\nto accept appointment from a placement roster.\n 5. Notwithstanding any other provision of this chapter, any employee\nmay voluntarily remove his or her name from a placement roster by\napplication to the department.\n