100-5RR

Subject: Transfer and Change of Title

Supersedes: Personnel Services Bulletin No. 100-5R

Source: Personnel Rules and Regulations of the City of New York, Rule 6.1.9; Citywide Agreement

Date: April 17, 2000

I. Background

The Personnel Rules and Regulations of the City of New York allow an agency with the approval of the Commissioner of the Department of Citywide Administrative Services ("DCAS") to change an employee's title under certain conditions. City Personnel Rule 6.1.9 states that ...any permanent employee in the competitive class who meets all of the requirements for a competitive examination, and is otherwise qualified as determined by the Commissioner of DCAS, shall be eligible for participation in a non-competitive examination in a different position classification, provided that such employee is holding a position in a similar grade.

II. Policy

At the request of the employing agency head and with the approval of the Commissioner of DCAS, DCAS will conduct a non-competitive examination for an employee, pursuant to Rule 6.1.9, provided that the following conditions are met:

A. The employee has been permanently appointed to a competitive class position and has successfully completed the probationary period for that position;

B. The employee meets all of the open competitive requirements for appointment to the position sought;

C. No preferred list or departmental promotion list exists for the title to which the employee seeks appointment;

D. The employee agrees to the transfer;

E. The position sought is not in a direct line of promotion from the employee's current position;

F. The minimum salary of the assignment level or title (if the title has no assignment levels) to which the employee wishes to be transferred, is not greater than the maximum salary of the employee's current assignment level or title (if the title has no assignment levels);

G. If the Rule 6.1.9 criteria would permit the transfer to more than one assignment level or title within a title series, the transfer is permissible only to the title or assignment level comparable to the employee's current salary and assignment level;

H. The employee is not transferring to or from a management class of positions;

I. If the employee is being transferred to another agency, the head of that agency has agreed to the transfer; and

J. The change in title cannot be construed as a promotion.

III. Procedure

A. Change of Title

To change an employee's title under Rule 6.1.9, both agencies, or the one agency if the change is internal, must submit the appropriate forms (Form DP-72 completed by the agency and Experience Paper Form A completed by the employee) after reviewing the employee's qualifications for the new position and send them to DCAS Control and Service Division along with the appropriate processing fee and a rationale for the request.

B. Probationary Period

When an employee's title is changed in accordance with Rule 6.1.9, the employee is subject to a probationary period, unless the Commissioner of DCAS notifies the agency in writing that the probationary period is being waived. The agency should then notify the employee. Waivers will be granted only in exceptional circumstances. Both when a waiver is granted and when a waiver is not granted, the employee who is not covered under PSB No. 200-10 must resign from the previously held competitive title and the agency(s) must payroll both actions immediately. Employees whose titles change in accordance with Rule 6.1.9 will not be granted leaves of absence from their former titles. The only exception to this is for employees covered under PSB No. 200-10 who have not been granted a waiver. These employees are not required to resign and will be granted a leave of absence for the duration of their probationary period in accordance with the policy and procedures contained in PSB No. 200-10.

William J. Diamond
Commissioner

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