The New York State Civil Service system is based on the concept of merit and fitness. Specifically, appointments and promotions are to be made according to merit and fitness, which shall be ascertained by competitive examination wherever practicable. Once an individual has met the requirements for appointment by demonstrating merit and fitness, there is no need for that individual to take an additional examination to move to the same, or essentially identical, title in another jurisdiction. Accordingly, an individual may be able to be transferred to another appointing authority or be able to resign and be reinstated to the same or different appointing authority at a later date without further examination. Reinstatements and transfers are wholly discretionary on the part of the appointing authority.
The term transfer is often loosely used to describe any movement from one position to another. For purposes of applying civil service requirements, however, the term has a narrower, more technical meaning. It is defined in the rules as a “change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority, or to a position in a different title in the same or a higher salary grade under the jurisdiction of the same appointing authority.”
There are a number of conditions and limitations on the ability of an individual to transfer within or between appointing authorities. The Dutchess County Department of Human Resources is responsible for approving all transfers involving appointing authorities under its jurisdiction and transfers are considered on a case-by-case basis. The important things to keep in mind are:
A permanent employee who resigned may be reinstated by an agency without examination within 1 year from the date of the resignation to the position from which he/she resigned, if vacant, or to any vacant position to which he/she was eligible for transfer or reassignment.
Employees separated for more than 1 year may be reinstated only upon approval of the Dutchess County Department of Human Resources. Reinstatement is not a right conferred upon the employee. Reinstatement is wholly discretionary with the appointing officer. As with transfers, reinstatements are considered on a case-by-case basis and there are a number of conditions and limitations. It is important to keep in mind the following:
Police Officers are only eligible for transfer or reinstatement if they were originally appointed under the jurisdiction and requirements of Section 58 of Civil Service Law. In addition, age requirements have to be met and new physicals are generally required if the candidate has been out of the title of Police Officer for 1 year or more. Therefore, it is important to contact our office early in any discussion concerning the transfer or reinstatement of a Police Officer.