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I hope this helps. Here is a line by line analysis of the statute in Standard English :
The Civil Service Law provides that the duration of an eligible list shall be not less
than one year or more than four years.
An eligible list will last at least 1 year and not longer than 4 years.
If a list has been in existence for one year or
more, it shall terminate upon the establishment of an appropriate new list unless the
old list is extended by action of the Department of Civil Service.
As long as a list has been established for 1 year, a new list can take its place. Also, the original list may continue to be utilized even though a new list comes out, if the Department of Civil Service extends this original (old) list.
*BUT, due to the first line of the statute, this does not mean that the DCS is legally able to extend a list past the 4 year mark.
Additionally,
should a financial emergency restrict the filling of vacancies, the Department of
Civil Service may, in its discretion, extend the duration of the list for a period
equivalent to the length of the restriction.
If there is a "financial emergency" ie. promotional freeze, then DCS may extend a list equal to the length of said promotional freeze.
*AGAIN- the first line of the statute dictates the parameters of the law, and the possible extension of an eligible list shall not be extended past 4 years.
Once a list expires, it cannot be revived,
nor can an individual whose name was on the expired list receive an appointment on
that basis.
Self explanatory; once the list is dead, it is dead. If you died on the list, you must take another test, regardless of why you were passed over or your list # had not been reached.
I didn't interpret it this way. My earlier post was directly cut and paste from the Civil Service Law web site. I read words like Discretion on the part of Dept of Civil Service. I bet there are plenty of lawyers who's job it is to make civil service cases who can make an argument for the extension of the list. Who knows, They are probably a lot smarter than me lol.
-- Edited by Twice-Lucky-Saturday on Wednesday 23rd of November 2011 12:08:29 AM
Can the argument be made in regards to the term/statement promotional freeze. In essence, that's what happened to the 2006 Test takers. The list wasn't established until a year or two later after the 2003 list had already been exhausted.
I didn't interpret it this way. My earlier post was directly cut and paste from the Civil Service Law web site. I read words like Discretion on the part of Dept of Civil Service. I bet there are plenty of lawyers who's job it is to make civil service cases who can make an argument for the extension of the list. Who knows, They are probably a lot smarter than me lol.
-- Edited by Twice-Lucky-Saturday on Wednesday 23rd of November 2011 12:08:29 AM
At "the discretion of the Dept of Civil Service" is in regards to extending a list due to financial emergency.
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