passed written but cannot pass proficiency exam but working in job title

Is there anything in civil service law that a waiver can be granted for a proficiency exam.

1 answer  |  asked Jan 6, 2005 8:01 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Civil Service Exams

In New York State, there is a definite preference in the law for a civil service employment force selected on the basis of a competitve exam. Certain job titles, for example attorneys, are deemed not suitable for selection by competitive examination, and these titles as "exempted" from the competitive examination requirement, but there is an assumption with exempt titles that there are other ways to determine a candidate's qualifications for a job.

As far as I know, the Civil Service Law does not provide for a waiver of all or part of examination requirements for competitive titles. However, other laws, like the New York State Human Rights Law, or the American with Disabilities Act, for example, might require some degree of flexibility at least for candidates with disabilities.

Civil service employers try to get around competitive examination requirements, usually for political reasons, by using "provisional" positions. However, provisional positions are suppose to be temporary positions. (But I have heard of a few people holding provisional positions so long, but illegally, that they retired with full civil service pensions.) Technically, one angry citizen would be able to force someone who has held a provisional position out if that person has held the position longer than permitted by law.

posted by David M. Lira  |  Jan 7, 2005 07:31 AM [EST]

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