SECTION I--THE EXEMPT CLASS

3.1.1. Definition.

The exempt class shall include all offices and positions in the classified service enumerated in section forty-one of the civil service law and all other subordinate offices or positions for the filling of which competitive or non-competitive examination shall be found by the commissioner of citywide administrative services to be not practicable.

3.1.2. Application to Classify.

An application by an agency to classify in the exempt class a position not specifically thus classified by law shall not be considered unless it is accompanied by a statement setting forth the reasons why examination, competitive or non-competitive, is impracticable.

3.1.3. Number of Positions; Classification by Rule.

Not more than one appointment shall be made to or under the title of any office or position placed in the exempt class unless a different number is specifically prescribed in the classification rules. No office or position shall be deemed to be in the exempt class unless it is specifically named in such class in the rules.

3.1.4. Agency Certificate.

Appointments to positions in the exempt class may be made without examination; but the agency head shall in each case submit to the department of citywide administrative services, in such form as it shall prescribe, a certificate which shall include:

(a) the title of the position;

(b) the full name and residence of the appointee;

(c) the place of the appointee's residence for five years immediately preceding appointment;

(d) the appointee's previous appointments to and periods of service, if any, in the public service;

(e) the appointee's qualifications for the office or position to be filled.

3.1.5. Evaluation Upon Vacancy.

(a) Upon the occurrence of a vacancy in any position in the exempt class, the commissioner of citywide administrative services shall study and evaluate such positions and, within four months after the occurrence of such vacancy shall determine whether such position, as then constituted, is properly classified in the exempt class. Pending such determination, such position shall not be filled, except on a temporary basis.

(b) If the commissioner of citywide administrative services shall determine that such position is properly classified in the exempt class, such appointment shall be deemed effective as exempt as of the original date of appointment. The determination of the commissioner of citywide administrative services thereon shall be recorded.

SECTION II--THE NON-COMPETITIVE CLASS

3.2.1. Definition.

The non-competitive class shall include all positions that are not in the exempt or labor class and for which it is found by the commissioner of citywide administrative services not to be practicable to ascertain the merit and fitness of applicants by competitive examination.

3.2.2. Application to Classify.

An application by an agency to classify in the non-competitive class a position not specifically thus classified by law shall not be considered unless it is accompanied by a statement setting forth the reasons why competitive examination is impracticable.

3.2.3. Classification by Rule.

(a) Not more than one appointment shall be made to or under the title of any office or position placed in the non-competitive class, unless a different or unlimited number is specifically prescribed in the classification rules. No office or position shall be deemed to be in the non-competitive class unless it is specifically named in such class in the rules.

(b) The commissioner of citywide administrative services shall designate among positions in the non-competitive class those positions which are confidential or require the performance of functions influencing policy.

3.2.4. Examination.

Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is hereinafter prescribed and all such examinations shall be subject to the control of the commissioner of citywide administrative services.

3.2.5. Agency Examiners.

(a) In each agency there shall be a board of examiners for non-competitive positions, consisting of three members who are officers or employees of the agency designated by the agency head subject to the approval of the commissioner of citywide administrative services.

(b) In each institution of an agency there may be an institutional examiner who shall be designated by the agency head subject to the approval of the commissioner of citywide administrative services.

(c) Members of the agency board of examiners and the institutional examiners shall, insofar as practicable, be persons in the competitive class.

3.2.6. Scope of Examination.

Such examinations shall be conducted so as to show that the candidate (a) is free from any physical or medical disability which will interfere with the proper discharge of the candidate's duties;

(b) is a person of satisfactory character and reputation;

(c) possesses the requisite knowledge and ability;

(d) is qualified by experience or training to discharge the duties of the position efficiently.

3.2.7. Examination Reports; Action of Commissioner of Citywide Administrative Services.

The reports of the character, scope and results of the examination of each candidate for a non-competitive position conducted by an agency board of examiners or by an institutional examiner, as the case may be, shall be transmitted to the commissioner of citywide administrative services or appropriate forms, when approved by such board at the end of each month or as otherwise prescribed in the regulations by the commissioner of citywide administrative services. If such reports are disapproved in whole or in part by the commissioner of citywide administrative services, the employees therein disapproved shall have their appointments terminated.

3.2.8. Compensation.

Except as otherwise provided, the maximum compensation for positions in the non-competitive class shall be stated on a without maintenance basis. However, appointments may be made with or without maintenance. Where appointments are made with maintenance, the cash compensation for persons receiving maintenance shall be determined by subtracting the value of maintenance from the stated salary. A schedule showing allowable maintenance shall be prepared.

3.2.9. (Deleted 6/30/86)

3.2.10. Positions for the Physically or Mentally Disabled.

(a) The commissioner of citywide administrative services may determine a prescribed number of positions, not to exceed the maximum set by state law, with limited duties which can be performed by physically or mentally disabled persons who are found qualified, in the manner prescribed by law, to perform such duties.

(b) Upon such a determination, such positions shall be classified in the non-competitive class, and shall be filled by persons who shall have been certified by either the commission for the blind and visually handicapped in the state office of children and family services as physically disabled by blindness or by the state education department as otherwise physically or mentally disabled and, in any event, qualified to perform satisfactorily the duties of any such position. At least three hundred of such positions shall be filled by persons who have been certified as physically disabled. If no qualified physically disabled persons have applied for such positions, the commissioner of citywide administrative services may determine to fill those unfilled positions with qualified mentally disabled persons.

(c) The commissioner of citywide administrative services shall issue procedures for approval of appointments of physically or mentally disabled persons to such non-competitive positions as are established pursuant to this rule.

3.2.11. Service Outside the City of New York.

The commissioner of citywide administrative services may except from competitive examination any qualified person who is to render services in a locality outside the city and who is a resident of such locality, where competitive examination is not practicable. No such person shall be eligible for transfer or assignment to work within the city.

SECTION III--THE LABOR CLASS

3.3.1. Definition; Classification; Requirements.

(a) The labor class shall comprise all unskilled laborers in the classified service as are not classified in the competitive or non-competitive class.

(b) The commissioner of citywide administrative services shall prescribe the requirements and tests to be held for positions in the labor class.

3.3.2. Termination.

Upon the termination of an employment in the labor class, the agency head shall certify to the department of citywide administrative services the reasons therefor.

SECTION IV--THE COMPETITIVE CLASS

3.4.1. Definition.

The competitive class shall include all positions for which it is practicable to determine the merit and fitness of applicants by competitive examination and shall include all positions now existing or hereafter created, of whatever functions, designations, or compensation, except such positions as are in the exempt class, the non-competitive class or the labor class.

3.4.2. Application to Otherwise Classify.

An application by an agency to classify in the exempt, non-competitive or labor class, a position not specifically thus classified by law shall not be considered unless it is accompanied by a statement setting forth the reasons why competitive examination is impracticable.

3.4.3. Examination.

The merit and fitness of applicants for positions which are classified in the competitive class shall be ascertained by such examinations as may be prescribed by the commissioner of citywide administrative services and as provided for in these rules.

3.4.4. Jurisdictional Reclassification.

Whenever a position in the exempt, non-competitive or labor class is reclassified into the competitive class, the permanent incumbent of such position, if there be any at the time of such reclassification, shall continue to hold the position with all the rights and status of a competitive employee.