Section 61. Appointment and promotion  


Latest version.
  • 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.