In-sourcing Initiative Frequently Asked Questions
Last update
9/1/2010
What
is the definition of a “term appointment”? (source: DOB
FAQ’s)
A
“term appointment” is an appointment pursuant to section 66 of the Civil
Service Law to a temporary information technology position requiring special skills
or expertise.
Will
everyone hired under this initiative become a permanent State employee? (source: DOB FAQ’s)
No.
Some employees may serve a term of less than five years and then move on to
another job. The law allows for term employees who serve continuously for at
least 2 years as a term employee to compete in a civil service promotion
examination for the level at which they are employed as a term employee. If the
term employee passes that exam and becomes reachable on the eligible list, the
agency may then appoint him/her as a permanent State employee. Additionally,
separate from the provisions of this law, a term employee may take open
competitive examinations for which he/she is eligible (e.g., Information
Technology Specialist at SG-14 or SG-18), and could – at the discretion of the
agency – receive a hold item, and even take subsequent promotional examinations
from that hold item.
Can a term employee
be “promoted” or “transferred” to another temporary position established under
this law? (source: DOB FAQ’s)
Term
employees do not have permanent status and therefore are not eligible to
transfer or be promoted, unless they are eligible for transfer or promotion
based on a hold on a permanent position. Term employees could receive an
appointment to a different term position if they meet the minimum
qualifications and are selected for the position, although it is anticipated
that this would be a rare occurrence.
Can
a term appointment made pursuant to section 66 be extended beyond 5 years? (source: DOB FAQ’s)
No.
The maximum length of a term appointment pursuant to Section 66 is 60 months,
which begins at the time of initial appointment to the temporary position.
If a state employee
applies and is selected for a temporary position, will he/she be given a hold
item (leave of absence) from his/her former position?
(source: DOB FAQ’s)
If a
state employee receives a term appointment within the same agency, the leave of
absence will be mandatory. For state employees who receive a term appointment
to a temporary IT position in a different agency, the leave of absence will be
at the discretion of the employee's prior agency.
If a term employee
fails the promotion examination, can they continue to work for the balance of
the 5 years? (source:
DOB FAQ’s)
Yes.
If a term employee fails the promotion examination, the employee will be
allowed to continue in the temporary position for the duration of the term
established when the position was classified. The position, when established,
will have a fixed duration based upon the need documented.
If state employees
are competing for these term appointments, does their ranking on an eligible
list have any bearing on their receiving an appointment? (source:
DOB FAQ’s)
No.
Current State employees are eligible for term appointments under section 66 of
Civil Service Law, if they have the required skills and experience sought by
the appointing agency. A term appointment can be made irrespective of the
standing of an employee on an eligible list.
The posted positions are very specific. If we
have some but not all of the qualifications as specifically written is there
any discretion for what would be considered?
No. Individuals must meet the
minimum qualification for appointment. If PEF became aware that an
incumbent of one of these term positions, either did not meet the minimum
qualifications, or was not performing the work described in the position duties
description, we would inquire to the Department of Civil Service.
These positions state that they are temporary
but it sounds like they become permanent if the appointee passes the exam after
2 years.
The
term positions expire in 5 years, regardless of whether the consultant has
passed a test for the position. If the consultant passes an examination
they can be appointed into a new title in which they can attain permanent
status, provided they are reachable for appointment. Consultants can take
a promotional exam for the level at which they are employed as a term employee
after 2 years of continuous service.
How would these
positions be impacted by any layoffs?
Layoffs
are done by Civil Service title. The enabling legislation has the
following provision regarding layoffs:
A
temporary position established pursuant to subdivision one of this section may
be abolished for reasons of economy, consolidation or abolition
of functions, curtailment of activities or otherwise. Upon such
abolition or at the end of the term of the appointment, the provisions of
sections seventy-eight, seventy-nine, eighty and eighty-one of this chapter
shall not apply. In the event of a reduction of workforce pursuant to section
eighty of this chapter affecting information technology positions, the term
appointments pursuant to this section at an agency shall be abolished prior to
the abolition of permanent competitive class information technology positions
at such agency involving comparable skills and responsibilities.
In
other words these term positions can be eliminated and the incumbents have no
rights unless they have a permanent hold. In a layoff situation, where
information technology positions have comparable skills and responsibilities to
the term position, the term position shall be eliminated.
For
example, an OCFS SG-18 ITS programming accepts a term position in OCFS to an
ITS 3 (SE) which is NS allocated to a SG-23. This individual would be
given a hold pursuant to 4 NYCRR 4.10. If layoffs were to occur and the
IT positions were to be targeted a couple of scenarios could occur:
1.
The
term position could be targeted and the individual would simply return to their
OSCF SG-18 ITS programming position.
2.
The
SG-18 ITS programming hold could be targeted for layoff and although the
individual isn’t actually serving in the position, they would exercise their
layoff right in their hold item.
Another
possibility is if a current State employee is given one of the term positions
they are granted a hold pursuant to 4 NYCRR 4.10. It is unlikely but
possible, in a layoff situation, while serving in the term position that their
hold item could be affected by layoff.
Additional
hypothetical layoff situations are too numerous to individually address in this
format.
If you are currently
permanent can you retain a hold on your old item for as long as you’re in the
new temp position? If layoffs occur (within the temporary time frame) would
you just revert back to your old position?
4
NYCRR 4.10 is the Civil Service rule that gives a person a hold if they accept
a non-permanent position in their current agency. If layoffs were to
occur the individuals appointed to the IT term position would revert to their
hold item.
There are basic qualifications and preferred
qualifications, how do these weigh in the selection process?
Management
has the discretion to choose whichever applicant they want provided the
individual meets the minimum qualifications.
Am I still able to apply for any position
that I think I meet the qualifications for, even though I am not currently on a
promotional list?
Yes,
anyone who believes they meet the minimum qualifications for one of these
temporary positions may apply.
Do I have to take the exam again if
I am already on a list?
Yes. As with any other
Civil Service eligible list, if a State employee is interested in promotion and
a new examination is being given even though they are on the current eligible
list, if they do not receive an appointment from such list, they would have to
be on the new eligible list in order to be appointed.
As a matter of policy and practice, the Department of Civil
Service schedules the expiration of an existing eligible list for thirty days
after the date of establishment of the new list. For that thirty day period,
the new list may not be used where the old list remains viable. In locations
where the old list has been exhausted, use of the new list is appropriate.
If 50 people apply, how will the
interview order be established? Does the
rule of top 3 candidates apply to this scenario?
Management
can interview based on any order they chose given that these are only temporary
positions. The rule of three does not
apply for these term positions; management can select anyone who applies for
the term position who meets the minimum qualifications.
Are these positions targeted for
specific contractor?
Because the
intent of the legislation was to reduce the number of contractors, the duties
for which term positions are being classified should mirror the duties of the
consultant as well as the requirements in the scope of the contract.
If so, what happens to that contractor if someone else fills
the position?
The contractor’s
services would be terminated if the position is filled by a State employee.
If I don’t pass the exam, do I
immediately revert back to my permanent position?
If you are
serving in a term position and fail the promotion examination, you do not
immediately revert back to your permanent hold as the term position has a life
of only 5 years. Management has the discretion to eliminate the position
at anytime.
Can these positions be filled by
staff in other agencies or people off the street?
Yes,
although it is unlikely that someone would be hired off the street.
In a layoff scenario do temporary
positions always get cut first?
The enabling legislation states that Term SE
positions must be abolished before permanent IT positions if state employees in
those permanent positions have comparable skills and responsibilities. At this
time PEF does not know how the law will be implemented.
I assume that even though I am currently on a list, if I am
appointed to this temporary position, in order to be hired permanently I would
have to be in the top 3 on that list?
Yes.
It is possible for a permanent SG-18 to be appointed into a ITS 4 (SE)
allocated to a SG-25, pass the SG-23 list, receive a list appointment to the
SG-23 and be immediately placed on leave to remain in the ITS 4 (SE)
position. It is also possible that this same person could be §52(6)
transferred to the SG-25.
I received a letter from
Civil Service saying we needed to fill out a "skills assessment" for
lists we are already on that will facilitate them in filling positions.
Does this sound right or does it have something to do with the IT in-sourcing
that is going on in the state?
The
Department of Civil Service is authorized to conduct a skill assessment for
existing Civil Service eligible lists pursuant to §2 of Chapter 500 of the Laws
of 2009. The relevant part of the statute can be found below:
§ 2. Notwithstanding any provision of law to the contrary, the department of
civil service may limit certification from the following eligible lists to
those eligibles identified as having knowledge, skills or certifications, or any
combination thereof, identified by the appointing authority as necessary to
perform the duties of certain positions:
35-382 Information Technology Specialist
4
G-25
35-383 Information Technology Specialist 4 (Data Communications) G-25
35-384 Information Technology Specialist 4 (Database)
G-25
35-386 Information Technology Specialist 4 (Systems Programming) G-25
35-387 Manager Information Technology Services
1
G-27
35-388 Manager Information Technology Services 1 (Data Communications) G-27
35-389 Manager Information Technology Services 1
(Database) G-27
35-391 Manager Information Technology Services 1 (Systems Programming) G-27
35-392 Manager Information Technology Services 1
(Technical) G-27
No such limitation on certification shall
occur until a skill-set inventory is conducted for all persons on any list so
limited.
While
this is a direct result of the IT in-sourcing legislation, the survey is not
being used to fill the IT (SE) positions, but rather allows Civil Service to
establish new eligible lists for the above titles consisting of rank by score
based on skills. Only individuals whose names already appear on one of
these nine eligible lists were surveyed.
The IT (SE) positions were created because the above 9 lists did not
test for the skills necessary to perform identified IT duties.