200-7

Subject: Notice to Candidates of Non-Selection

Supersedes: Personnel Policy and Procedure No. 680-85

Source: Civil Service Law Section 61.3

Date: June 30, 1997

A. CSL § 61.3 requires that the appointing authority notify candidates certified for appointment or promotion from civil service eligible lists in writing when they are considered and not selected (passed over). Written notice is also required when passing over the eligible makes him/her ineligible for further certification.

B. Therefore, written notice must be given or sent to each eligible who is certified from an eligible list and who:

1. Has not been elected for appointment or promotion when another candidate is appointed or promoted; or

2. Is made ineligible for further certification for one of the following reasons:

a. Failed to reply or to report to an interview (CPD Rule 4.8.2.); or

b. Failed to report for duty (CPD Rule 4.8.2); or

c. Was considered and not selected for three vacancies (CPD Rule 4.7.4); or

d. Declined appointment or promotion (except for reasons listed in C. below)(Rule 4.8.2.).

C. Exceptions to declination list removal (CPD Rule 4.8.3.):

Ineligibility for further certification does not result when:

1. Declination is due to temporary inability to accept the position.

2. In the case of promotion:

a. Declination is based on location of the vacancy on the basis of borough.
b. The certification is from a citywide promotion list and the position is not in the employee's agency.

3. Declination is of appointment to a position other than that for which the list was expressly established.

II. Procedure

A. Each appointing agency is required to notify eligibles of the above actions in writing prior to submitting the disposition of certification to DCAS.

B. In cases of non-selection of an eligible, only those eligibles who were actually entitled to consideration for selection shall be given the required written notification.

C. Please use the enclosed form letter on your agency's letterhead to provide the written notice.

D. Note that no reason need be given for non-selection and there is no opportunity for administrative appeal from non-selection.

E. The written notice can be sent by ordinary mail to the address listed on the certification of eligible list. Alternatively, such written notification can be personally given to the eligible.

III Disclaimer

This PSB merely summarizes and conveys information to management concerning this statutory procedure. It does not alter employee rights or create new ones. Therefore, an agency may, with sound reasons therefor and upon approval of the Deputy Commissioner for Citywide Personnel Services, modify certain procedures contained herein, provided that all statutory requirements are satisfied.

William J. Diamond
Commissioner

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