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HomeMy WebLinkAboutJ - 08 Personnel/Civil Service CorrespondenceCortland County Personnel/Civil Service 60 Central Avenue Cortland NY 13045-2746 607-753-5076 www.cortland-co.org/personnel LAURIE L. LEONARD PAM ABBOTT PERSONNEL OFFICER DEPUTY PERSONNEL OFFICER TO: Thomas Williams, Town Supervisor FROM: Laurie Leonard, Cortland County Personnel/Civil Service Officer RE: Civil Service Law Section 63 Amendment – Provisional Service and Probation DATE: October 19, 2023 Civil Service Law Section 63 regarding provisional appointments was recently amended with an effective date of September 7, 2023 (see attached). The Cortland County Personnel/Civil Service Department just received guidance from State Civil Service on October 13, 2023. This amendment requires that any time spent as a provisional employee be counted towards an employee’s probationary term upon receiving a permanent appointment to the same title. Therefore, any provisional employee that receives permanent appointment to the same title that they were serving in provisionally on or after September 7, 2023, shall have all time in provisional status counted towards completing the required probationary period. For the provisional service to count towards completion of the probation, the permanent appointment must be immediately following the provisional service in the same title in the same agency. This amendment changes the way you should evaluate a provisional employee. Up until now, you would essentially have two periods of time to evaluate an employee who is appointed provisionally: during their provisional time and during their probationary period. Now, if you have a provisional employee who has been provisional for more than the maximum probationary period (generally 52 weeks), they will be considered to have passed probation as soon as they are appointed permanently from an eligible list. It is therefore very important that you consider an employee’s performance during their time in provisional status to determine their work performance. A provisional employee can be terminated at any time. Be sure to thoughtfully consider appointments from eligible lists. As a reminder, provisional employees are those that are in competitive class titles (ie. need to complete a civil service test) and have been hired prior to completing the test. According to our records, you currently have 2 employees that are provisional and are affected by this amendment. Please review your list of current employees and their titles. Let our office know of any additional competitive class provisional employees that you have as soon as possible as they may also be affected by this amendment. If you have any questions or want to review your employees with our office, please send your list to Pamela Abbott, Deputy Personnel Officer, at pabbott@cortland-co.org or fax 607-758-5517. She will review and call you to discuss. KATHY HOCHUL Governor TIMOTHY R. HOGUES Commissioner PAR-13-23 POLICY ADVISORY REPORT TO: All Municipal Civil Service Agencies & DCAS FROM: Municipal Services Division SUBJECT: Amendment to Section 63 of the Civil Service Law - Provisional Service & Probation DATE: October 13, 2023 The purpose of this policy advisory report is to notify all local civil service agencies of an amendment to section 63 of the Civil Service Law which became effective on September 7, 2023, as Chapter 356 of the Laws of 2023. The intent of this statute is to streamline the appointment process by requiring any time spent as a provisional employee to be counted towards an employee’s probationary term upon receiving a permanent appointment to the same title. Through no fault of their own, provisional appointees serve without the benefits of permanent competitive class status. According to the sponsors of the legislation, individuals serving provisionally for long periods of time before becoming permanent employees became subject to “two probationary periods” during which they could be terminated: the first as “at-will” provisional employees; the second following permanent appointment during probation. To address this issue, section 63(1) of the Civil Service Law has been amended to include the following language: “Notwithstanding the foregoing or any law or rule to the contrary, any person appointed provisionally in accordance with section sixty-five of this title who receives a permanent appointment to the same title shall have all time spent as a provisional appointment credited to any probationary term that is required upon permanent appointment to a position.” Based on the above, any provisional employee that receives a permanent appointment to the same title that they were serving in provisionally on or after September 7, 2023, shall have all the time in provisional status counted towards completing the required probationary period provided in your agency’s civil service rules. This change Empire State Plaza, Agency Building 1, Albany, NY 12239│518-457-2487│www.cs.ny.gov does not impact individuals who served provisionally and were permanently appointed prior to September 7, 2023. This statute applies only to provisional employees appointed in accordance with section 65 of the Civil Service Law (CSL) and does not apply to employees appointed on a temporary basis in accordance with section 64 of CSL. Empire State Plaza, Agency Building 1, Albany, NY 12239│518-457-2487│www.cs.ny.gov