nyc civil service transfer rules

https://newyork.public.law/laws/n.y._civil_service_law_section_70. IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. Every transfer, other than a functional transfer, shall require the consent, in writing, of the proposed transferee and of the respective heads of the agencies concerned therewith and the approval of the commissioner of citywide administrative services. (3) the nature and amount of the plaintiff's claim, giving dates and other relevant information. (a) Such reinstatement must be accomplished within a period of time equivalent to the time the employee has actually served in the civil service of New York City, but in no event shall such period for reinstatement be less than one year nor more than four years from the date of resignation or retirement provided, however, that: (1) the commissioner of citywide administrative services may fix a period equal to or twice the period actually served, but in no event less than one year nor more than four years within which an employee may be reinstated for designated classes of positions, where the commissioner of citywide administrative services determines that there is a lack of a sufficient number of qualified persons available for recruitment; and. (f) Military Calendar. If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application. Whenever it is determined to the satisfaction of the commissioner of citywide administrative services that the abolition of a permanent position in the competitive class is imminent: (a) the head of the agency in which such position exists shall furnish forthwith to commissioner of citywide administrative services the name, title, date of original appointment and the salary of the employee expected to be suspended; and, (b) the commissioner of citywide administrative services shall thereupon establish a special transfer list for such title and shall place the name of such employee thereon in the order of original appointment as though suspended in accordance with section eighty of the civil service law; and, (c) for a period not exceeding six months prior to the prospective abolition of such position, an employee whose name appears on such special transfer list shall be eligible for the filling of vacancies in the same or similar position before certification is made from any open competitive or promotion list; and. chapter, provide for the transfer of now existing Suffolk county parks police officers levels I-IV to positions of Suffolk county police (c) Service by the agency head of written notice of determination to be reviewed pursuant to sections seventy-five and seventy-six of the civil service law shall be sufficient if such written notice is delivered personally or by registered mail to the last known address of such person and when notice is given by registered mail such person shall be allowed an additional three days in which to file such appeal. (1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014. (a) Such reinstatement shall be subject to the provisions of this section and shall be made without further examination except that the employee reinstated under this section may be subject to such probationary period, investigation, medical or other qualifying tests or requirements as the commissioner of citywide administrative services shall determine. (g) Calendar Progression. (a) In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, shall be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. 6. Puede obtener informacin adicional en el sitio web del sistema: www.nycourts.gov. any . Section 70.1 of the Civil Service Law allows transfer without further examination from one title to another when a sufficient degree of similarity exists between the minimum qualifications, tests and/or duties of the specific titles involved. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties. (4) Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method provided in NYCCCA 110(m), the defendant shall appear and answer within 20 days after the proof of service thereof is filed with the clerk of the housing part. Physical examinations completed. The Civil Service Employees Association, Inc. 143 Washington Avenue . (3) The arbitrator shall forthwith proceed to hear the controversy. Section 208.27 Submission of Papers for Trial. commission or other instrumentality of government on whose behalf such Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. (c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part: (1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order-- $20; (2) upon the issuance of a petition by a landlord for the removal of housing violations-- $20. Historical Note For details on the duration of the probationary term for a specific type of appointment, contact the Personnel Department. Sec. (a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. (b) In the case of an employee covered by the provisions of section seventy-five of the civil service law such absence shall constitute a cause for action against such employee under and subject to the provisions of that section. (v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in NYCCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim. Department of Civil Service New York State Committed to Innovation, Quality and Excellence Manual of Procedure in . Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference. (iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. No performance rating or evaluation shall be assignable to an employee on an educational leave of absence pursuant to the military law unless such employee shall have served at least three months on active duty in pay status in city service during a rating or evaluation period as prescribed by the rules or regulations governing performance ratings or evaluation. Launch Document. (iii) No later than the close of business on the business day following the date on which the initiating documents are electronically filed to commence an action pursuant to subparagraph (ii) of this paragraph, a confirmation notice shall be transmitted electronically by the NYSCEF site to the person filing such documents. (5) Multipurpose Part. The consent must be filed with the clerk of the small claims part. Bronx, NY 10456, Kings County Section 208.21 Objection to applications for special preference. 4A:3-3.2(e), "[i]t shall be the responsibility of an eligible to keep a current address on file with the Civil . How do I find out about job vacancies? (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). LOCAL CIVIL RULES 1.1. Civil Service will place the names of such employees on agency reduction transfer . (a) Motion Parts and Calendars. A calendar part is a part of court for the maintaining and calling of a calendar of cases, and for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part. (b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief. 208.6(h) Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the New York City Civil Court). 208.10 Calendaring of motions; uniform notice of motion form 112 State Street, Room 900. (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. Room 225 A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. 208.33 Submission of orders, judgments and decrees for signature Housing Court Clerk, Room 103 (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. Historical Note Oct. 1, 2014. https://www.nysenate.gov/legislation/laws/CVS/70 208.12 Videotape recording of depositions Auburn Sheriff's DepartmentAuburn Police Department. New York State Department of Civil Service: Sign in to your Civil Service account to manage your list preferences, remove declinations and update your contact information; Exam study guides; New York State Civil Service site; Eligible list inquiries: 518-457-4295; General inquiries: 518-457-2487 Differentiate between different types of transfers and when each may be applicable; Review eligibility requirements for transfer; Explore available resources to determine transfer opportunities Generally, after serving one year in that new title, the employee would then be eligible to transfer up another two salary grades. (h) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. 208.4 Papers filed in court; index number; form; label The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. Further authorizations to examine and make copies of additional hospital records, other records, X-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Yes, there is the 55-b and the 55-c program. OTDA Home About OTDA Job Opportunities Transfer Eligibility. filed Jan. 9, 1986; amd. Subject to the provisions of section 208.25 of this Part, no delay will be permitted in selection of a jury, and failure of counsel to proceed as directed or to appear promptly at the directed time on the specified court day will be treated as a calendar default. 7. The transfer of now existing positions may be effectuated (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. 208.32 Damages, inquest after default; proof Once a two salary grade (or one M grade) transfer occurs, the employee must then obtain an intervening eligible list appointment. Passing an open competitive examination may afford a State employee the opportunity to use this passing score for a Section 70.4 transfer provided you meet the requirements for transfer. This Part shall apply to employees of the Unified Court System other than judges and elective officers. between such city and an employee organization pursuant to article Sec. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. necessary completed. (c) Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within one year after the action is stricken. (c) Additional Rules. Where a person has been removed from a position for cause, a copy of the reasons therefor together with a copy of the proceedings thereon shall be transmitted to the department of citywide administrative services. (a) The commissioner of citywide administrative services may, by rule, designate as separate units for suspension or demotion under this section, any institution or any division of any agency. These addresses are: Bronx County (6) Where the summons for a hazardous or nonhazardous violation is served by any other method provided in NYCCCA 110(m), the affidavit of service thereof shall be filed with the clerk of the housing part no later than 10 days from the date the summons is posted and mailed (where such mailing is required). Section 208.12 Videotape recording of depositions. Unless so filed, the names of the parties shall not be called; nor shall any such names be called unless they appear on a written or typewritten calendar. Cincinnati, Ohio. (4) Effective July 1, 2015, the affidavits set forth in subsection (d) shall be required in all debt buyer actions notwithstanding that the debt was purchased from an original creditor before October 1, 2014. may, in its discretion, direct the reinstatement of the appellant, permit transfer to another position or place her/his name on a preferred list. their own websites and/or bulletin boards. (b) Where personal service cannot be made or where the employee is not a resident of the city, it shall be sufficient for the agency head to serve such charges by registered mail to the last known address of such person. (Sections 75, 75-b, 76 and 77 of the Civil Service Law are set forth in full . The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party. Transfer of personnel. Location: Name King County Sheriffs Office - Lake Dolloff Storefront Address 4950 South 298th Street Auburn, Washington, 98001 Phone 206-296-2721. The Civil Service Commission oversees the City's merit system. Procedures for the enforcement of money judgments under . A person who has been demoted may, upon written request by the agency head concerned, be restored to such person's former position or a similar position, with the approval of the commissioner of citywide administrative services. Uniform Rules for N.Y. State Trial Courts, 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction, 202 - Uniform Civil Rules For The Supreme Court And The County Court, 206 - Uniform Rules For The Court Of Claims, 207 - Uniform Rules For The Surrogate's Court, 208 - Uniform Civil Rules For The New York City Civil Court, 210 - Uniform Civil Rules For The City Courts Outside The City Of New York, 212 - Uniform Civil Rules For The District Courts, 214 - Uniform Civil Rules For The Justice Courts, 216 - Sealing Of Court Records In Civil Actions In The Trial Courts, 217 - Access To Court Interpreter Services for Persons With Limited English Proficiency, 218 - Uniform Rules For The Trial Courts In Capital Cases, 220 - Uniform Rules For Jury Selection And Deliberation Subpart, 221 - Uniform Rules For The Conduct Of Depositions. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! Study materials or test guides are not provided for every examination. (e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable. (b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section. An employee on probation shall be eligible for transfer; provided however, that: (a) if such transfer is voluntary such employee shall serve the entire period of probation on the job in a pay status in the new position in the same manner and subject to the same conditions as required upon such employee's employment in the position from which transfer is made, and in accordance with the provisions of paragraph 5.2.1; (b) if such employee is involuntarily transferred from one agency to another due to a transfer of personnel upon a transfer of function, or if such employee transfers voluntarily to avoid layoff resulting from a reduction in force, then, in either of such events, such employee shall receive credit for the period of time already served on probation. Attorney 2 for (other party) (c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference. We hear more than three million cases a year involving almost every type of endeavor. New York State Agency listing. (k) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above. No employee . (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. Sec. Both positions must be within the competitive class. (a) Alternative method of dispute resolution by arbitration. En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda. 6.1.9. NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. possess any special credentials that may be required for the title to which you are transferring (such as admission to the New York State Bar, typing skills, etc.). (b) The head of the agency wherein such reinstatement occurs may elect to waive the requirement of satisfactory completion of the probationary term at any time during such term. (e) In all applications for a default judgment arising from a consumer credit transaction, the plaintiff must submit the AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS executed by counsel. Rensselaer County 1600 7th Avenue Troy, NY 12180 County Clerk: 518-270-4080 Sheriff: 518-266-1900 County Office Building: 518-270-2900 Photo Credit: Fred McCag. (b) Counterclaims and Cross-Claims. (i) Except as otherwise provided in subdivision (a) of this section, a party may commence any action in the Civil Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to subdivision (a) of this section) by electronically filing the initiating documents with the clerk of the court through the NYSCEF site. (5) The arbitrator shall make his or her award in writing and file the same forthwith, together with an opinion, if any, with the clerk of the commercial claims part. 100-5RR Source: Civil Service Law Section 70(4); Personnel Rules and Regulations of the City of New York, Rule 6.1.9 Date: May 24, 2011 I. Title 3 Banking. 208.31 Restoration after jury disagreement, mistrial or order for . . Uniform Civil Rules For The New York City Civil Court. Attorney 2 (or Attorney in charge of case if law firm) for moving party. (4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial. You're all set! These addresses are: [INSERT APPROPRIATE COURT ADDRESS OR ADDRESSES]. filed Jan. 9, 1986 eff. StateJobsNY. However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury. A promotional list with the names of three or more eligibles will also preclude a transfer. (d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. endstream endobj 65 0 obj <>stream Quizs usted quiera comunicarse con un abogado. (b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. filed Jan. 9, 1986; amd. Section 208.2 Divisions of court; terms and structure. (1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language: CIVIL COURT. Transfer and Change of Title 100-5R3 Subject: Transfer and Change of Title Supersedes: Personnel Services Bulletin No. You should go to the court clerk's office at the address listed on the face of the envelope as soon as possible to respond to the lawsuit by filing an answer. You may wish to contact an attorney. Section 208.16 Discontinuance of actions. Join thousands of people who receive monthly site updates. county, city, town, village, district, commission, authority or public (3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service. For additional training resources, please check OER. filed Jan. 9, 1986; amds. Where the defendant appears in person, the clerk of the housing part shall fix a date for trial not less than five nor more than 15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. Sec. c. Reinstatement by Civil Service Commission Action: Pay salary attained prior to separation, plus any performance advancement that may have been earned but not paid at the time of separation, plus any general salary increases to which the employee would be eligible under the rules for such increase. (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. You can choose to receive credit, but there may be a cost. Albany, New York 12210 . (b) Applicability. The court shall order a preliminary conference in the action upon compliance with the requirements of this subdivision. Civil Service Law, Rules and Regulations . (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). (6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided. Whom do I talk to if I have a question about my salary? Housing Court Clerk You may link to a specific agency's website from the For employees in the Civil Service Retirement System, the annuity is reduced 2 percent for each year workers are un- der age 55. Notwithstanding the provisions of any other section of law, general, special or local, any political subdivision maintaining a police department serving a population of one hundred fifty thousand or less and with positions for more than four full-time police officers, shall maintain the office of chief of police. . For Tier 6 members, the cost is 6% of gross earnings plus interest to the date of payment. A transfer eligible may apply under vacancy announcements open to status . Sec. (a) Where an employee has been separated from the service by reason of a disability resulting from occupational injury or disease as defined in the workers' compensation law, such employee shall be entitled to a leave of absence for at least one year unless the disability is of such a nature as to permanently incapacitate the employee from the performance of the duties of the position. Ground Floor (b) Number and Types. The order of proof shall be determined by the court. Tioga County Civil Service Rules 16 1. (1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment. Agency Human Resource Offices should call or e-mail CMO H!CKE/TWvA?q}2- Cc Section 208.11 Motion parts; motion calendars; motion procedure. (k) All applications for impleading shall be made to the judge of the calendar part or, if the case has been assigned for trial, to the trial judge. Section 25.1 Application. The Public Employee's Fair Employment Act commonly referred to as the Taylor Law, part of the New York State Civil Service Law (Article XIV), (c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed. Salary determination is further complicated by the different pay scales for the various negotiating units. . (a) The failure or refusal of a person on a preferred list to accept reinstatement therefrom to the person's former position, or any comparable position in a comparable salary or salary range for which such list is certified, shall be deemed to be relinquishment of eligibility for reinstatement, and such person's name shall thereupon be stricken from such preferred list. IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! Historical Note There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. Transfer between Federal Agencies. italiano. filed May 4, 1998 eff. more persons, the police department of a housing authority of a city of county and an employee organization pursuant to article fourteen of this The appropriateness of transfer is decided on a title-by-title basis at the request of personnel offices of state agencies. (c) General calendar. USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de.. a la oficina del Jefe Principal de dicha Corte en .. en el Condado de .. Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $.. con intereses en dicha cantidad desde el dia ..de 19.. , incluyendo las costas de esta causa. Probationary Terms - An Employee appointed permanently in the competitive, non-competitive, exempt or labor class must serve a probationary period. 208.14 Calendar default; restoration; dismissal - Civil Court of the City of New York CSEA represented employees can find information through the NYSCSEA Partnership. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion. Go to "Glossary of Titles Inquiry Tool (GOT-IT).