Thank you for your patience,
I have reviewed the NY Civil Service Law and found that it applies to all civil service employees, regardless of the agency which employs them. There is no separate section relating entirely to the FDNY; what is applicable to one position, is equally applicable to another position of the same grade level.
Click on www.nyc.gov/dcas for information on how an individual can be appointed as a permanent civil service EMT, or Paramedic. The above is the official website of the Department of Citywide Administrative Services.
Once an individual has been appointed to permanent civil service status, they can apply to take all emergency medical service promotional exams, and once the individual is a member of the EMS Command, they can be promoted to the rank of Lieutenant based on their performance on a civil service exam.
You can find the qualification requirements in the Notice of Examination and on the DCAS website which I noted above. Monthly examination schedules are listed on the website whose link I have provided below:
Since you are member of a Union, Local #2507 of District Council 37, if I am not mistaken, If I were in your position, I would first report the actions of the FDNY to my Union Representative.
The authority and responsibility for the administration of the Civil Service law is vested in the State Department of Civil Service. "Civil Service" relates to all offices and positions in the service of the
State or any of its civil divisions.
The State Department of Civil Service is responsible for carrying out all of the duties and functions of the Department, including, but not limited to,
"...the administration of the examinations program, which encompasses the scheduling, preparation, conduct and rating of examinations; setting minimum qualifications; establishing the type and conduct of tests; and deciding whether to hold an open-competitive or promotion examination in any given instance. Other examples of the administrative functions of the Department are the establishment and certification of eligible lists, maintenance of rosters.........",
"...the Commission may be described generally as quasi-legislative,
appellate and investigative...and may be characterized as the "watchdog" of the
merit system.... The appellate function involves hearing and determining appeals ... in
disciplinary cases for those employees not covered by contract... appeals from examination
ratings, and appeals of any action taken by the President, acting as the head of the
Department of Civil Service. Any appeal of the President's action must be filed in
writing with the Commission within 30 days of the determination. The
Commission may make such investigation relative to the determination appealed,
as it may deem advisable, and may affirm, reverse or modify such determination.
The Commission may hold a hearing on the appeal, but is not required to do so. No
appeal is allowed if the determination of the President relates solely to matters of
internal management of the Department of Civil Service or if the determination
was approved in advance by the Commission."
Positions in civil service are classified as "Non-competetive" and
The non-competitive class consists of those positions for which it is not practicable
to conduct examinations on a competitive basis. Appointments to non-competitive
positions are to be made after a non-competitive examination, such as a review of
training and experience, as prescribed by the Department.
competitive class consists of all offices and employments in the classified
service that are not in the exempt, non-competitive or labor class. Positions in the
competitive class are not listed in the rules or regulations. No action is required to
place a position in the competitive class. Every
Civil Service Law §50.1 requires that, "as far as practicable, as far as practicable, positions in the competitive class be filled through a competitive examination process that ascertains the relative
merit and fitness of each candidate.........."
Civil Service Law §50.2 requires that "The State Department of Civil Service must issue an announcement for each competitive examination, setting forth the minimum qualifications, the subjects of the examination and other information deemed necessary, and advertise such examination.........."
Civil Service Law §50.3 and §50.4 require that, "Candidates for competitive examinations must submit applications and demonstrate that they meet the announced requirements. The State Civil Service Department may refuse to examine or to certify an applicant who does not meet the minimum qualifications. There are several other grounds for disqualification, including falsification of an examination application. Disqualified applicants must
be provided a written explanation and afforded an opportunity to submit an opposing explanation. Additionally, they may appeal the disqualification to the Civil Service Commission"
Civil Service Law §52.1
"Positions in the competitive class above entry-level are generally filled by
promotion from among individuals holding competitive class lower grade positions
in direct line within the department in which the vacancy exists. The Department of
Civil Service may determine that it is impracticable or against the public interest to
limit eligibility to individuals holding lower grade direct line positions. Eligibility
for promotion may be extended to individuals in collateral lines or to comparable
positions in any other unit or units, and may include minimum training and
Civil Service Law § 51.1 "The State Civil Service Department may, on its own initiative or upon the request of
the appointing officer stating his/her reasons, determine to conduct an opencompetitive examination instead of a promotion examination."
Civil Service Law § 51.2 & § 51.3 prvide as follows, in pertinent part:
"If there is a promotion field, and an open-competitive and promotion
examination are not being held simultaneously, a notice of intention to conduct
an open-competitive examination must be posted for at least 15 days. During
this 15-day period, employees who believe that a promotion examination should
be held may submit specific reasons why they believe a promotion exam to be
practicable and in the public interest."
Non-Competitive Class Eligibility for Promotion
Civil Service Law § CSL § 52.11
"For certain designated titles, employees who hold or formerly held non-competitive
or labor class positions have the same opportunities to take promotion examinations
as employees in competitive class positions, as long as the promotion examination is
being held in conjunction with an open-competitive examination"
Civil Service Law § 55.b
"...individuals appointed to non-competitive class positions pursuant to
Section 55-b or 55-c have the same opportunities to take promotion exams as
employees in competitive class positions. No simultaneous open-competitive exam
need be held. The same opportunity may be extended by the Civil Service
Commission to Vietnam Era veteran."
Please click on the link below which will take you to the Civil Service Law:
Then go to pages 8 and 9 for "Eligibility Lists" and the duration of such Eligibility Lists.
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Kindest Regards, XXXXX XXXXX Wishes for happiness and good health throughout 2012,