Civil Service Fact Sheet #4
Non-Competitive Class


Definition

The non-competitive class shall include all positions that are not in the exempt class or the labor class and for which it is found by the commissioner of citywide administrative services or other governing jurisdiction to be not practicable to ascertain the merit and fitness of applicants by competitive examination. There are no written or oral tests where you compete with other candidates and are ranked on a civil service eligibles list. The non-competitive candidate must meet whatever criteria the governing jurisdiction deems are the qualifications for the non-competitive title.

FAQs

Q:             Is there a probationary period for a non-competitive title?
A:
             Yes

Q:             What is it?

A:
             There is a 6-month probationary period for mayoral agencies and there is a 1 year probationary period for Health & Hospital Corporation (HHC)

Q:             What happens to my underlying permanent competitive title if I accept a non-competitive title?

A:            
Once you completed a year in the non-competitive title, your underlying permanent competitive title no longer exists; additionally a permanent employee who accepts a non-competitive position can request a leave from their permanent competitive title and if approved by their agency can retain the right to return to that title within some fiscal constraints.

Q:             What happens to my permanent non-competitive title if I accept another non-competitive title?

A:            
You will continue as a non-competitive employee; the employee will retain their permanent non-competitive title until they complete the new non-competitive title probationary period.

Q:             What are the lay-off rules for non-competitive employees?

A:            
Layoffs are made in inverse order of seniority based on the employee’s original date of appointment. See Citywide contract page 48- Article XVII – Section 3.

Q:             What are my due process rights as a non-competitive in the disciplinary process?

A:            
Following the service of written charges upon an employee a conference shall be held with respect to the charges at Step I of the Grievance Procedure. The employee is entitled to be represented by the Union. See 1180 contract page 24 – Article VI – Section 6. Note: If a non-competitive employee has less than five years of service the employer can implement a penalty at Step I whereas for a competitive employee the penalty is implemented after Step 2. 

Q:             Can a non-competitive class employee supervise a competitive class employee?

A:
             Yes

Q:             Can a competitive class employee supervise a non-competitive class employee?

A:
             Yes

Q:             Are there any promotional step-up titles for non-competitive class titles?

A:            
No; however, a non-competitive can be appointed to another higher non-competitive title.

Text Size: A A A