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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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In civil service law 65 you can not be in a provisional

Customer Question

In civil service law 65 you can not be in a provisional position for more than nine months what happens if the person is in it for longer than that does it mean that they becomes permanent in the position.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, they would be in violation of NY Civil Service Rule 65, which says:
"No provisional appointment shall continue for a period in excess of nine months.  The civil service department shall for competitive positions within its jurisdiction, and a municipal civil service commission shall for competitive positions within its jurisdiction, order a civil service examination for any position held by provisional appointment for a period of one month and such department or commission shall conduct a civil service examination, or see that such an examination is conducted, as soon as practicable thereafter, in order to prevent the provisional appointment from continuing for a period in excess of nine months."
The rule does not allow for the person in the position to become permanent. Other employees or even the employee in the provisional provision have a right to file a complaint to civil service and to sue to force them to have a test to fill the position as the law requires. The courts hold Rule 65 creates no right to tenure in a position, so you cannot acquire permanent status. See: NY City of Long Beach v. CSEA, 867 N.E.2d 389 (N.Y. 2007).