Labor & Employment Law

Some decisions concerning using civil service eligible lists

Some decisions concerning using civil service eligible lists
Source: Various inquiries

Readers recently submitted questions concerning "processing civil service eligible lists." Among some issues presented concerned:

Expedited examination: An individual on an eligibile list was not entitled to an expedited medical and psychological examination before the existing eligibility list expires. Puntillo v. Abate, 613 N.Y.S.2d 9

Selection of the highest person on the eligible list: Rule of three upheld in New York's highest court; higher scoring applicants may be passed over, if law provides. Cassidy v. Munic. Civil Serv. Cmsn. of City of New Rochelle, 37 N.Y.2d 526. However, some appointing authorities have agreed to follow "the rule of the list" -- appointing individuals in rank order -- in the course of collective bargaining.

Breaking ties in an examination: It was lawful to use social security numbers to rank order applicants with the same numerical scores. It would be wrong to rank candidates by their raw scores earned on the pass/fail portions of the qualifying exam. Napoli v. Levitt, 575 N.Y.S.2d 665.

Full post as published by New York Public Personnel Law on June 12, 2008 (boomark / email).