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This entry was published on 2014-09-22
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SECTION 64
Temporary appointments
Civil Service (CVS) CHAPTER 7, ARTICLE 4, TITLE B
§ 64. Temporary appointments. 1. Temporary appointments authorized;
duration. A temporary appointment may be made for a period not
exceeding three months when the need for such service is important and
urgent. A temporary appointment may be made for a period exceeding
three months under the following circumstances only:

(a) when an employee is on leave of absence from his position, a
temporary appointment to such position may be made for a period not
exceeding the authorized duration of such leave of absence as prescribed
by statute or rule;

(b) a temporary appointment may be made for a period not exceeding six
months when it is found by the state civil service department or
appropriate municipal civil service commission, upon due inquiry, that
the position to which such appointment is proposed will not continue in
existence for a longer period; provided, however, that where a temporary
appointment is made to a position originally expected to exist for no
longer than six months and it subsequently develops that such position
will remain in existence beyond such six-month period, such temporary
appointment may be extended, with the approval of the state civil
service department or municipal civil service commission having
jurisdiction, for a further period not to exceed an additional six
months;

(c) when the department of civil service or appropriate municipal
civil service commission of any city containing more than one county
finds that a reduction or abolition of positions in the state service or
such city service is planned or imminent and that such reduction or
abolition of positions will probably result in the suspension or
demotion of permanent employees, such department or commission may
authorize temporary instead of permanent appointments to be made for a
period not exceeding one year in positions in state service or such city
service to which permanent employees to be affected by such abolition or
reduction of positions will be eligible for transfer or reassignment.

Successive temporary appointments shall not be made to the same
position after the expiration of the authorized period of the original
temporary appointment to such position.

2. Temporary appointments from eligible lists. A temporary appointment
for a period not exceeding three months may be made without regard to
existing eligible lists. A temporary appointment for a period exceeding
three months but not exceeding six months may be by the selection of a
person from an appropriate eligible list, if available, without regard
to the relative standing of such person on such list. Any further
temporary appointment beyond such six month period or any temporary
appointment originally made for a period exceeding six months shall be
made by the selection of an appointee from among those graded highest on
an appropriate eligible list, if available.

3. Temporary appointments without examination in exceptional cases.
Notwithstanding the provisions of subdivisions one and two of this
section, the civil service department or municipal commission having
jurisdiction may authorize a temporary appointment, without examination,
when the person appointed will render professional, scientific,
technical or other expert services (1) on an occasional basis or (2) on
a full-time or regular part-time basis in a temporary position
established to conduct a special study or project for a period not
exceeding eighteen months. Such appointment may be authorized only in a
case where, because of the nature of the services to be rendered and the
temporary or occasional character of such services, it would not be
practicable to hold an examination of any kind.

4. The state and municipal civil service commissions may, by rule,
provide for the extension of some or all of the rights and benefits of
permanent status to an employee who is appointed or promoted, after
having qualified therefor in the same manner as required for permanent
appointment or promotion, to a position left temporarily vacant by the
leave of absence of the permanent incumbent thereof. Such rights and
benefits shall be subject to such conditions and limitations as may be
prescribed in the rules.