Rule XVI. Reinstatement in Service 1. Any person who has held a position by appointment under the civil service rules, as the result of examination, and who has been separated from the service through no delinquency or misconduct on his part, may be reinstated without re-examination in a vacant position in the same office, department or institution, and in the same group, subdivision and grade, within one year from the date of such separation; or may be appointed within one year from the date of separation from the service, to a position to which he was eligible for transfer; provided that for original entrance to the position proposed to be filled by reinstatement, or appointment, there is not required by these rules, in the opinion of the commission, an examination involving essential tests or qualifications different from or higher than those involved in the examination for original entrance to the position formerly held by the person proposed to be reinstated or appointed. 2. Whenever in any department, office or institution a position is abolished, or whenever the number of positions of a certain character is reduced, or whenever by reason of lack of appropriation or lack of work it becomes necessary to discharge or suspend one or more of several persons holding the same position, veterans of the civil war shall be entitled to preference in retention in such positions over other persons. Persons legally holding such positions as the result of examination, at the time of such reduction, suspension or discharge shall be entitled to reappointment or reinstatement in the same position or positions if they are thereafter within one year reestablished under the same or any other designation. The names of such persons shall be entered upon lists of suspended employees and shall remain thereon for a period of one year. Upon notice of a vacancy in the same or a similar position, names from such lists of suspended employees shall be certified to the appointing officer in preference to names from the eligible lists. Certification from such lists of suspended employees shall be made as follows: first, veterans of the civil war in the order of their original appointment to the position from which separated; second, other persons in similar order. Persons specified in the first class above mentioned shall be entitled to certification for positions to which they are eligible in any department, office or institution, but persons specified in the second class shall be entitled to certification only to the department, office or institution from which they were separated. 3. A person who has served continuously as the result of examination for at least one year in the competitive class in any department, office or institution and who has been separated from his position in that class by appointment to a position in the exempt class in the same or another department, office or institution, or in the unclassified service, and who has served continuously therein from the date of such separation, may be restored to a position in the competitive class in the same group and grade in the same department, office or institution, as the competitive position he formerly held, or may be appointed to a position in the same group and grade in another department, office or institution to which he was eligible for transfer. 4. Any person holding a position in the competitive class may be granted leave of absence without pay for not more than an aggregate of six months in any twelve months. Absence on leave for more than an aggregate of six months in any twelve months shall be deemed to be a separation from the service. A person who resigns or is separated from the service without delinquency or misconduct while on leave of absence or within a month after the termination of any leave of absence, or who for any reason does not resume the performance of his duties after an aggregate of six months leave of absence in any twelve months, shall not be eligible for reinstatement except within a period, after such resignation, removal or failure to resume duties, to be determined by subtracting from twelve months the aggregate time of his absence on leave within the previous twelve months. A person who is or has been on leave of absence will not be eligible to compete for or to receive promotion, unless otherwise ordered by the commission, until he has resumed the performance of his duties for a period equivalent to the aggregate time of his absence on leave during the twelve months prior to such competition or promotion. Rule XVII. Certificates for Promotion, Transfer and Reinstatement 1. Upon the written request of an appointing officer, stating the essential facts in regard to any proposed promotion, transfer or reinstatement, the commission will, if such promotion, transfer or reinstatement be in accordance with law and the provisions of these rules, issue its certificate of that fact to such officer. 2. All promotions, transfers and reinstatements herein authorized shall be made only after the issuance of such certificate, except those which may be specifically exempted from such condition by regulation of the commission. Rule XVIII. Definition of Noncompetitive Class The non-competitive class shall include such positions as are not in the exempt class and which it is impracticable to include in the competitive class. It shall comprise the following positions and such positions as may hereafter be added; provided, that from time to time, the commission shall transfer positions from this class to the competitive class whenever it may be found practicable to hold competitive examinations to fill them: POSITIONS IN THE NONCOMPETITIVE CLASS In the Agricultural Experiment Station at Geneva: In the Department of Agriculture: One chauffeur. In the Schoharie State School of Agriculture, Cobleskill: In the State School of Agriculture on Long Island, Farmingdale: Head janitor, compensation not to exceed $65 per month. In the State School of Agriculture at Morrisville: One farm superintendent; one assistant in farm mechanics; head janitor. In the Banking Department: Two confidential examiners. In the Bronx Parkway Commission: One foreman tree trimmer; one repair man; one park keeper; two foremen of laborers; two chauffeurs. In the office of the State Civil Service Commission: Local examiner. In the office of the Comptroller: One chauffeur. In the Conservation Commission: One chauffeur, State reservation, Saratoga Springs; bottle filler, State reservation, Saratoga Springs. In the office of the State Engineer and Surveyor: Six chauffeurs. In the Department of Excise: One clerk and two typewriter copyists in the detective bureau; one chauffeur. In the State Fair Commission: Gardener; two chauffeurs; foreman of stables. In the office of the Health Officer, Port of New York: Trained nurse; carpenter; plumber; painter; one messenger at salary not to exceed $360 per annum; one chauffeur; boarding officer and inspector, City Island, compensation not to exceed $75 per month. In the Department of Health: Four technical assistants. In the Department of Highways: Twenty-five chauffeurs; compositor's assistant, compensation not to exceed $60 per month. In the office of the State Hospital Commission: One interpreter and transportation attendant, office State Board of Alienists. In the office of the Industrial Commission: Two chauffeurs. In the Department of Public Buildings: Upholsterer; tin and coppersmith; gardener; chief carpenter; carpenter; painter; plumber and gasfitter; plumber's helper; machinist; assistant machinist; steamfitter; locksmith; steamfitter's helper; boiler scaler; stonecutter and tilesetter. In the Department of the Trustees of Public Buildings: One watchman, provided however, that employment shall continue only until reconstruction of the Capitol is completed. In the office of the Public Service Commission for the First District: In the office of the Public Service Commission, Second District: Attendant in charge of office, nights, Sundays and holidays, compensation not to exceed $50 per month. In the Department of Public Works: The harbor masters; ten engineers of tugboat; photographer; four chauffeurs; one dredge runner; two hydraulic dredge operators. In the office of the Secretary of State: One chauffeur. Under the Board of Trustees of the Schuyler Mansion. Keeper. In the State Institute for the Study of Malignant Disease at Buffalo: Technical assistant; ward helper; seamstress; cook; launderer; laundress; farmer; gardener; medical interne, compensation not to exceed $50 per month and maintenance; mechanic; nurse. In the University of the State of New York: Shipper; carpenter; one attendant and shipper; one general mechanical assistant at compensation of $60 per month. CHARITABLE, PENAL AND REFORMATORY INSTITUTIONS In the State Charitable and Reformatory Institutions: Assistant matron. In the State Hospitals: Watchman; policeman; barber; supervisor; nurse; attendant; wardhelper; housekeeper; head cook; baker; butcher; launderer; head laundress; lineman; plumber; steamfitter; carpenter; painter; blacksmith; foreman; tailor; dressmaker; shoemaker; printer; bookbinder; head farmer; dairyman; gardener; florist; page; fireman; pilot; mason; tinsmith; coffee roaster; medical interne; laboratory helper in the Pathological Institute; ruler in printing office; buttermaker; one fireman, fire departments, Central Islip and Kings Park state hospitals; dockmaster, Manhattan state hospital; manager of the dairy herd; press feeder; harness maker; roofer and slater; plasterer; meat cutter and inspector; one special attendant-night male telephone operator, Kings Park state hospital; pupil dietitian and teacher of household economics, compensation not to exceed $35 per month and maintenance; orchestra leader and organist, Manhattan state hospital. In the State Prisons: The assistant matrons; one dog trainer. In the Prison for Women at Auburn: The attendants. In Clinton Prison: Head farmer; fireman. In Great Meadow Prison: Housekeeper, warden's house. In Sing Sing Prison: The head farmer; one chauffeur; plumber. In the House of Refuge for Women at Albion: Carpenter; fireman; gardener; farmer; guard, compensation not to exeed $50 per month and maintenance. In the State School for the Blind at Batavia: Baker; carpenter; farmer; fireman; florist; housekeeper; head laundress; usher-teacher. In the Soldiers and Sailors' Home at Bath: Baker; blacksmith; carpenter; farmer; fireman; gardener; head cook; head launderer; lineman; musician; steamfitter; engine oiler and tender; hospital attendant; special attendant; meat cutter; chief of police, who shall be a deputy sheriff of Steuben county, compensation not to exceed $75 per month without maintenance. In the Reformatory for Women at Bedford: Carpenter; fireman; plumber; guard, compensation not to exceed $50 per month and maintenance. In the Training School for Girls at Hudson: Carpenter; fireman; mason; painter; garden matron; guard, compensation not to exceed $50 per month and maintenance; butcher; farmer. In the Agricultural and Industrial School at Industry: Carpenter; farmer; fireman; head cook; head laundress; matron of farm cottage (wife of supervisor); telephone operator at $15 per month and maintenance. In the Thomas Indian School at Iroquois: Attendant; farmer; fireman; head laundress; housekeeper; mason and general repairer; watchman; gardener and poultryman; supervisor. In the Custodial Asylum at Newark: Attendant; baker; carpenter; fireman; foreman; head laundress; one supervising matron; garden matron; watchman, compensation not to exceed $50 per month and maintenance. In the Women's Relief Corps Home at Oxford: Farmer; hospital attendant; fireman; head laundress; repairer; one housekeeper. In the New York State Hospital for Incipient Tuberculosis at Ray Brook: Fireman; baker; medical interne; carpenter; steamfitter; nurse; painter; diener, laboratory. In the New York State Reformatory and the Eastern New York Reformatory: Carpenter; farmer; fireman; head cook; housekeeper; chauffeur; coffee roaster. In the Custodial Asylum at Rome: Attendant; baker; blacksmith; carpenter; farmer; fireman; gardener; head cook; head launderer; painter; shoemaker; supervisor; assistant |