Section 81-A. Reemployment rosters in the state service; certification and reinstatement therefrom

1. Establishment of reemployment rosters in the  state service; general provisions. The head of any department, office or
  institution from which an  employee  in  the  state  service  is  to  be
  suspended or demoted in accordance with the provisions of section eighty
  or  eighty-a  of this article, shall, at least twenty days prior to such
  suspension or demotion, furnish the state civil service department  with
  a  statement  showing  such  employee's name, title or position, date of
  appointment, and the date of and reason for suspension or demotion. Upon
  such employee's suspension or demotion, it shall  be  the  duty  of  the
  department to place the name of such employee upon a reemployment roster
  for  filling  vacancies  in any comparable position as determined by the
  department, except that employees suspended or demoted from positions in
  the non-competitive and labor classes  may  not  be  certified  to  fill
  vacancies  in  the  competitive class. Such reemployment roster shall be
  certified  for  filling  a  vacancy  in   any   such   position   before
  certification  is  made  from  any  other  list,  including  a promotion
  eligible list, but not  prior  to  a  preferred  list.  Eligibility  for
  reinstatement  of  a  person whose name appears on any such reemployment
  roster shall not continue for a  period longer than four years from  the
  date  of  suspension  or  demotion  provided, however, in no event shall
  eligibility for reinstatement from a reemployment roster  continue  once
  the  person  is  no  longer  eligible for reinstatement from a preferred
  list.
    2. Order of certification of names from  a  reemployment  roster.  The
  names  of  persons on a reemployment roster shall be certified therefrom
  with equal ranking for reinstatement.
    3. Probationary term. All reinstatements from  a  reemployment  roster
  shall require completion of a probationary term in accordance with rules
  promulgated  by  the  commission  pursuant to subdivision two of section
  sixty-three of this chapter.
    4.  Effect  of  reinstatement  or  failure  or   refusal   to   accept
  reinstatement.  The  commission  shall  adopt  rules  providing  for the
  relinquishment of eligibility for reinstatement  upon  reinstatement  or
  upon failure or refusal to accept reinstatement from a preferred list or
  a reemployment roster.
    5. Notwithstanding any other provision of this chapter, the department
  may  disqualify for reinstatement and remove from a  reemployment roster
  the name of any otherwise eligible person who, by reason of physical  or
  mental  incapacity,  is found to be unable to satisfactorily perform the
  duties of the position for which such roster has  been  established,  or
  who has engaged in such misconduct as would warrant his or her dismissal
  from  public  employment,  except  that  a  person who is not completely
  physically incapacitated and who is suspended  or  demoted  pursuant  to
  section  eighty  or eighty-a of this article because his or her position
  has been abolished or reduced, but who is certified for reinstatement to
  any position having the same physical requirements as the position  from
  which  such  person  was suspended or demoted, shall not be disqualified
  because of his or her incapacity, unless upon medical examination his or
  her incapacity has worsened to a degree that he or she would not be able
  to  satisfactorily  perform  in  such  position.  No  person  shall   be
  disqualified  pursuant  to  this  subdivision  unless he or she is first
  given a written statement of the reasons therefor and an opportunity  to
  be  heard  at a hearing at which satisfactory proof of such reasons must
  be established by appropriate evidence, and at  which  such  person  may
  present  independent  evidence  and  be  entitled  to  representation by
  counsel. The department shall designate a person to  hold  such  hearing
  and report thereon.

    6. Notwithstanding any other provision of this chapter, any person may
  voluntarily  remove  his  or  her  name  from  a  reemployment roster by
  application to the department.