Civil Service Law provides portal for handicapped

By SHERRY HALBROOK
Little by little, people with handicapping conditions are knocking down the barriers that can keep them from participating fully in American society.

But knocking these barriers down has little value if only a few people know about it.

Sections 55-b and 55-c of state Civil Service Law are a good example of a little-known entry point into state service for people with handicapping conditions.

These sections of the law create approximately 1,500 non-competitive positions in state service with duties that can be performed by veterans or other persons with a physical or mental disability.

“The intent of this law is to give people with a qualifying handicap a chance to get into state service without having to pass an examination and to qualify them for taking the same promotion exams that state employees in the comparable competitive class can take,” says PEF Director of Civil Service Enforcement Tom Cetrino. “Generally, the Department of Civil Service will not allow 55-b or 55-c appointments to people who already have a permanent appointment in state service.”

According to the NYS Personnel Management Manual, these positions are intended for any person with “a severe physical or mental disability who can produce medical documentation demonstrating that the disability is the cause of a functional limitation which is handicapping in the performance of major life activities.”

In order to receive an appointment under these sections of law, an appointing authority must nominate candidates for a particular position and they must meet the minimum qualifications for the comparable competitive-class position.

In addition, their medical documentation must be reviewed by the Employee Health Service of the state Department of Civil Service and certified as documenting a qualifying handicap.

Most positions that qualify for appointment under these sections of the law are entry-level posts that are usually otherwise filled through an open-competitive exam.

Approximately 250 state employees hold 55-b or 55-c titles, ranging from salary grade 11 to 38. However, the vast majority of these titles are SG-18 and below. Many have non-statutory salaries.

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