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This entry was published on 2014-09-22
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SECTION 61
Appointment and promotion
Civil Service (CVS) CHAPTER 7, ARTICLE 4, TITLE B
§ 61. Appointment and promotion. 1. Appointment or promotion from
eligible lists. Appointment or promotion from an eligible list to a
position in the competitive class shall be made by the selection of one
of the three persons certified by the appropriate civil service
commission as standing highest on such eligible list who are willing to
accept such appointment or promotion; provided, however, that the state
or a municipal commission may provide, by rule, that where it is
necessary to break ties among eligibles having the same final
examination ratings in order to determine their respective standings on
the eligible list, appointment or promotion may be made by the selection
of any eligible whose final examination rating is equal to or higher
than the final examination rating of the third highest standing eligible
willing to accept such appointment or promotion. Appointments and
promotions shall be made from the eligible list most nearly appropriate
for the position to be filled.

2. Prohibition against out-of-title work. No person shall be
appointed, promoted or employed under any title not appropriate to the
duties to be performed and, except upon assignment by proper authority
during the continuance of a temporary emergency situation, no person
shall be assigned to perform the duties of any position unless he has
been duly appointed, promoted, transferred or reinstated to such
position in accordance with the provisions of this chapter and the rules
prescribed thereunder. No credit shall be granted in a promotion
examination for out-of-title work.

3. Notification to eligible candidates. Persons on an eligible list
who are certified pursuant to section sixty of this chapter and are
considered and not selected for appointment or promotion pursuant to
this section shall, whenever another candidate is appointed or promoted,
be given or sent written notice by the appointing authority of such
non-selection. In a city containing more than one county, persons on an
eligible list who are made ineligible for further certification pursuant
to a rule of the appropriate municipal commission shall be given or sent
written notice of such ineligibility. Sending written notice by ordinary
mail to the last address of record shall be adequate to comply with the
requirements of this subdivision.