Can I use my start date for department change seniority?
Full Question:
Answer:
I suggest calling the school district or civil service commission as seniority rules and regulations vary by local area. The following are NY civil service statutes:
§ 70. Transfers. 1. General provisions. Except as provided in
subdivisions four and six of this section no employee shall be
transferred to a position for which there is required by this chapter or
the rules established hereunder an examination involving essential tests
or qualifications different from or higher than those required for the
position held by such employee. The state and municipal commissions may
adopt rules governing transfers between positions in their respective
jurisdictions and may also adopt reciprocal rules providing for the
transfer of employees from one governmental jurisdiction to another. No
employee shall be transferred without his or her consent except as
provided in subdivision six of this section or upon the transfer of
functions as provided in subdivision two of this section.
2. Transfer of personnel upon transfer of functions. Upon the transfer
of a function (a) from one department or agency of the state to another
department or agency of the state, or (b) from one department or agency
of a civil division of the state to another department or agency of such
civil division, or (c) from one civil division of the state to another
civil division of the state, or (d) from a civil division of the state
to the state, or vice versa, provision shall be made for the transfer of
necessary officers and employees who are substantially engaged in the
performance of the function to be transferred. As soon as practicable
after the adoption of a law, rule, order or other action directing such
a transfer of function, but not less than twenty days prior to the
effective date of such transfer, the head of the department or agency
from which such function is to be transferred shall certify to the head
of the department or agency to which such function is to be transferred
a list of the names and titles of those employees substantially engaged
in the performance of the function to be transferred, and shall cause
copies of such certified list to be publicly and conspicuously posted in
the offices of the department or agency from which such function is to
be transferred, along with copies of this subdivision. Any employee of
the department or agency from which such function is to be transferred
may, prior to the effective date of such transfer, protest his or her
inclusion in or exclusion from such list by giving notice of such
protest in writing addressed to the heads of the respective departments
or agencies from which and to which transfer is to be made, which notice
shall state the reasons for the protest. The head of the department or
agency to which such function is to be transferred shall review the
protest and after consultation with the head of the department or agency
from which such function is to be transferred notify the protestor
within ten days from the receipt of such protest of the determination
with respect to such protest. Such determination shall be a final
administrative determination. Failure to make such protest shall be
deemed to constitute consent to inclusion in or exclusion from, as the
case may be, the certified list of employees engaged in the function to
be transferred. Officers and employees so transferred shall be
transferred without further examination or qualification, and shall
retain their respective civil service classifications and status. For
the purpose of determining the officers and employees holding permanent
appointments in competitive class positions to be transferred, such
officers and employees shall be selected within each grade of each class
of positions in the order of their original appointment, with due regard
to the right of preference in retention of disabled and non-disabled
veterans. Any employee who fails to respond to or accept a written offer
of transfer from the department or agency to which such function is to
be transferred within ten days after receipt of such offer shall be
deemed to have waived entitlement to such transfer. All officers and
employees so transferred shall, thereafter, be subject to the rules of
the civil service commission having jurisdiction over the agency to
which transfer is made. Officers and employees holding permanent
appointments in competitive class positions who are not so transferred
shall have their names entered upon an appropriate preferred list for
reinstatement to the same or similar positions in the service of the
governmental jurisdiction from which transfer is made and in the office
or agency to which such function is transferred. Officers and employees
transferred to another governmental jurisdiction pursuant to the
provisions of this subdivision shall be entitled to full seniority
credit for all purposes for service rendered prior to such transfer in
the governmental jurisdiction from which transfer is made. Except where
such transferred officers and employees are entitled, pursuant to a
special law or a rule adopted pursuant to law, to credit upon transfer
for their unused vacation or annual leave and sick leave, the officer or
body having authority to adopt provisions governing vacation or annual
leave and sick leave applicable to the department or agency to which
transfer is made may, after giving due consideration to the similarities
and differences between the provisions governing vacation or annual
leave and sick leave in the respective jurisdictions from which and to
which transfer is made, allow employees transferred hereunder credit for
all or part of the unused vacation or annual leave and sick leave
standing to their credit at the time of transfer, as may be determined
equitable, but not in excess of the maximum accumulation permitted in
the jurisdiction to which transfer is made. Unused vacation or annual
leave not credited by the jurisdiction to which transfer is made may be
compensated for to the extent, if any, such compensation is authorized
by other law.
4. Transfer and change of title. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any
permanent employee in the competitive class who meets all of the
requirements for a competitive examination, and is otherwise qualified
as determined by the state civil service commission or the municipal
civil service commission, as the case may be, shall be eligible for
participation in a non-competitive examination in a different position
classification, provided, however, that such employee is holding a
position in a similar grade.
5. (a) Where, because of economy, consolidation or abolition of
functions, curtailment of activities or otherwise, a police department
of any county, city, town, village, district, commission, authority or
public benefit corporation is dissolved or abolished and the functions
of such department are assumed by another police agency by contractual
agreement or payment or taxation therefor, the provisions of this
section shall apply.
(b) For the purposes of this subdivision:
(1) The term "police agency" shall mean any agency or department of a
county, city, town, village, district, commission, authority or public
benefit corporation having responsibility for enforcing the criminal
laws of the state.
(2) The term "police agency" or "police department" shall not be
construed to include the police department of a city of one million or
more persons, the police department of a housing authority of a city of
one million or more persons, or the police department established
pursuant to the provisions of section one thousand two hundred four of
the public authorities law.
6. Transfer of personnel. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any city
having a population of one million or more may by agreement negotiated
between such city and an employee organization pursuant to article
fourteen of this chapter provide for the involuntary transfer of
employees between city agencies. For purposes of this subdivision, the
term "city agency" shall include any school district, public authority,
commission or other instrumentality of government on whose behalf such
city is authorized to negotiate collective bargaining agreements.
§ 52. Promotion examinations. 1. Filling vacancies by promotion.
Except as provided in section fifty-one, vacancies in positions in the
competitive class shall be filled, as far as practicable, by promotion
from among persons holding competitive class positions in a lower grade
in the department in which the vacancy exists, provided that such lower
grade positions are in direct line of promotion, as determined by the
state civil service department or municipal commission; except that
where the state civil service department or a municipal commission
determines that it is impracticable or against the public interest to
limit eligibility for promotion to persons holding lower grade positions
in direct line of promotion, such department or commission may extend
eligibility for promotion to persons holding competitive class positions
in lower grades which the department or commission determines to be in
related or collateral lines of promotion, or in any comparable positions
in any other unit or units of governmental service and may prescribe
minimum training and experience qualifications for eligibility for such
promotion.
2. Factors in promotion. Promotion shall be based on merit and fitness
as determined by examination, due weight being given to seniority. The
previous training and experience of the candidates, and performance
ratings where available, may be considered and given due weight as
factors in determining the relative merit and fitness of candidates for
promotion.
3. Promotion eligibility of persons on preferred lists and employees
on leave of absence. Any employee who has been suspended from his
position through no fault of his own and whose name is on a preferred
list, and any employee on leave of absence from his position, shall be
allowed to compete in a promotion examination for which he would
otherwise be eligible on the basis of his actual service before
suspension or leave of absence.
4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish
interdepartmental promotion lists which shall not be certified to a
department until after the promotion eligible list for that department
has been exhausted.
5. Promotion units. In the state service, or in the service of a city
containing more than one county, promotion examinations may be held for
such subdivisions of a department as the state civil service department
or the municipal commission of such city, as the case may be, may
determine to be an appropriate promotion unit, but departmental and
interdepartmental promotion eligible lists shall not be certified to a
department until after the promotion unit eligible lists for that
department have been exhausted.
6. Promotion and transfer to administrative positions in the state
service. (a) For the purpose of this subdivision, the term
"administrative positions" shall include competitive class positions in
the state service in law, personnel, budgeting, methods and procedures,
management, records analysis, and administrative research, as determined
by the state civil service department.
(b) Except as provided in section fifty-one, vacancies in
administrative positions shall be filled, so far as practicable, by
promotion as prescribed in subdivision one of this section, which may be
made from among persons holding administrative positions in lower grades
without regard to the specialties of their lower grade positions. The
civil service department, upon the request of an appointing officer
stating the reasons why the filling of administrative positions in grade
fourteen or higher under his jurisdiction from an interdepartmental
promotion list or a promotion list including persons employed in other
units of government would be in the best interests of the state service,
or upon its own initiative whenever it finds that the filling of
administrative positions in grade fourteen or higher in any department
from such an interdepartmental or intergovernmental promotion list would
be in the best interests of the state service, may certify such an
interdepartmental or intergovernmental promotion list for filling such
positions, without preference to departmental lists or to eligibles
holding lower grade positions in the department or promotion unit in
which such positions exist.
(c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties which involve substantially
equivalent tests or qualifications, subject to such conditions and
limitations as the state civil service department may prescribe.
(d) The provisions of this subdivision shall be applicable and
controlling, notwithstanding any other provisions of this section or
chapter or any other law.
7. Promotion by non-competitive examination. Whenever there are no
more than three persons eligible for examination for promotion to a
vacant competitive class position, or whenever no more than three
persons file application for examination for promotion to such position,
the appointing officer may nominate one of such persons and such
nominee, upon passing an examination appropriate to the duties and
responsibilities of the position may be promoted, but no examination
shall be required for such promotion where such nominee has already
qualified in an examination appropriate to the duties and
responsibilities of the position.
8. Limitation upon promotion. No promotion shall be made from one
position or title to another position or title unless specifically
authorized by the state civil service department or municipal
commission, nor shall a person be promoted to a position or title for
which there is required, by this chapter or the rules, an examination
involving essential tests or qualifications different from or higher
than those required for the position or title held by such person unless
he has passed the examination and is eligible for appointment to such
higher position or title.
9. Increase in salary as a promotion. For the purposes of this section
an increase in the salary or other compensation of any person holding an
office or position within the scope of the rules in force hereunder,
beyond the limit fixed for the grade in which such office or position is
classified, shall be deemed a promotion.
10. Credit for provisional service. No credit in a promotion
examination shall be granted to any person for any time served as a
provisional appointee in the position to which promotion is sought or in
any similar position, provided, however, such provisional appointee by
reason of such provisional appointment shall receive credit in his
permanent position from which promotion is sought for such time served
in such provisional appointment.
11. Notwithstanding any other provision of law, the state department
of civil service may, for titles designated by it, extend to employees
in the state service who are holding or who have held a position in the
non-competitive or labor class of such service the same opportunity as
employees in the competitive class to take promotion examinations if
such examinations are to be held in conjunction with open competitive
examinations.
12. Notwithstanding any other provisions of law, a municipal
commission may, for entrance level titles as defined and designated by
it, extend to employees in the service of a civil division who are
holding or who have held a position in the non-competitive class of such
service for a period of two years the same opportunity as employees in
the competitive class to take promotion examinations for which such
non-competitive class service is determined by the municipal commission
to be appropriate preparation if such examinations are to be held in
conjunction with open competitive examinations.
13. a. Notwithstanding any other provision of law, the state civil
service commission may, for titles designated by it, extend to disabled
veterans of the Vietnam era, the same opportunities to take promotion
examinations as provided to employees in the competitive class.
b. For purposes of this subdivision, "disabled veterans of the Vietnam
era" shall mean veterans who served during the Vietnam conflict as
defined in subparagraph four of paragraph (c) of subdivision one of
section eighty-five of this chapter and who provide documented evidence
that they meet the definition of disabled veteran prescribed by
subdivision one of such section.
14. Notwithstanding any other provision of law, in a city containing
more than one county, the municipal civil service commission may, for
titles designated by it, extend to employees in the service of a civil
division or public authority under its jurisdiction who are holding a
position in the non-competitive class or the labor class of such service
the same opportunities as employees in the competitive class to take
promotional examinations for which such non-competitive class or labor
class service is determined by the municipal civil service commission to
be appropriate preparation.
15. Promotion eligibility of person transferred to the office for
technology. Notwithstanding any other provision of this chapter, the
names of permanent employees transferred from a state agency or
department to the office for technology shall remain on any promotion
eligible list for appointment in the agency or department from which
such employees were transferred, for a period of one year or until the
expiration of such list, whichever occurs first. Further, where the
promotion eligible list on which such employees' names appear is
established in the office for technology, the names of employees so
transferred shall be added to such promotion eligible list.