§ 52. Promotion examinations. 1. Filling vacancies by promotion.
Except as provided in section fifty-one, vacancies in positions in the
competitive class shall be filled, as far as practicable, by promotion
from among persons holding competitive class positions in a lower grade
in the department in which the vacancy exists, provided that such lower
grade positions are in direct line of promotion, as determined by the
state civil service department or municipal commission; except that
where the state civil service department or a municipal commission
determines that it is impracticable or against the public interest to
limit eligibility for promotion to persons holding lower grade positions
in direct line of promotion, such department or commission may extend
eligibility for promotion to persons holding competitive class positions
in lower grades which the department or commission determines to be in
related or collateral lines of promotion, or in any comparable positions
in any other unit or units of governmental service and may prescribe
minimum training and experience qualifications for eligibility for such
promotion.

2. Factors in promotion. Promotion shall be based on merit and fitness
as determined by examination, due weight being given to seniority. The
previous training and experience of the candidates, and performance
ratings where available, may be considered and given due weight as
factors in determining the relative merit and fitness of candidates for
promotion.

3. Promotion eligibility of persons on preferred lists and employees
on leave of absence. Any employee who has been suspended from his
position through no fault of his own and whose name is on a preferred
list, and any employee on leave of absence from his position, shall be
allowed to compete in a promotion examination for which he would
otherwise be eligible on the basis of his actual service before
suspension or leave of absence.

4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish
interdepartmental promotion lists which shall not be certified to a
department until after the promotion eligible list for that department
has been exhausted.

5. Promotion units. In the state service, or in the service of a city
containing more than one county, promotion examinations may be held for
such subdivisions of a department as the state civil service department
or the municipal commission of such city, as the case may be, may
determine to be an appropriate promotion unit, but departmental and
interdepartmental promotion eligible lists shall not be certified to a
department until after the promotion unit eligible lists for that
department have been exhausted.

6. Promotion and transfer to administrative positions in the state
service. (a) For the purpose of this subdivision, the term
"administrative positions" shall include competitive class positions in
the state service in law, personnel, budgeting, methods and procedures,
management, records analysis, and administrative research, as determined
by the state civil service department.

(b) Except as provided in section fifty-one, vacancies in
administrative positions shall be filled, so far as practicable, by
promotion as prescribed in subdivision one of this section, which may be
made from among persons holding administrative positions in lower grades
without regard to the specialties of their lower grade positions. The
civil service department, upon the request of an appointing officer
stating the reasons why the filling of administrative positions in grade
fourteen or higher under his jurisdiction from an interdepartmental
promotion list or a promotion list including persons employed in other
units of government would be in the best interests of the state service,
or upon its own initiative whenever it finds that the filling of
administrative positions in grade fourteen or higher in any department
from such an interdepartmental or intergovernmental promotion list would
be in the best interests of the state service, may certify such an
interdepartmental or intergovernmental promotion list for filling such
positions, without preference to departmental lists or to eligibles
holding lower grade positions in the department or promotion unit in
which such positions exist.

(c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties which involve substantially
equivalent tests or qualifications, subject to such conditions and
limitations as the state civil service department may prescribe.

(d) The provisions of this subdivision shall be applicable and
controlling, notwithstanding any other provisions of this section or
chapter or any other law.

7. Promotion by non-competitive examination. Whenever there are no
more than three persons eligible for examination for promotion to a
vacant competitive class position, or whenever no more than three
persons file application for examination for promotion to such position,
the appointing officer may nominate one of such persons and such
nominee, upon passing an examination appropriate to the duties and
responsibilities of the position may be promoted, but no examination
shall be required for such promotion where such nominee has already
qualified in an examination appropriate to the duties and
responsibilities of the position.

8. Limitation upon promotion. No promotion shall be made from one
position or title to another position or title unless specifically
authorized by the state civil service department or municipal
commission, nor shall a person be promoted to a position or title for
which there is required, by this chapter or the rules, an examination
involving essential tests or qualifications different from or higher
than those required for the position or title held by such person unless
he has passed the examination and is eligible for appointment to such
higher position or title.

9. Increase in salary as a promotion. For the purposes of this section
an increase in the salary or other compensation of any person holding an
office or position within the scope of the rules in force hereunder,
beyond the limit fixed for the grade in which such office or position is
classified, shall be deemed a promotion.

10. Credit for provisional service. a. No credit in a promotion
examination shall be granted to any person for any time served as a
provisional appointee in the position to which promotion is sought or in
any similar position, provided, however, such provisional appointee by
reason of such provisional appointment shall receive credit in such
person's permanent position from which promotion is sought for such time
served in such provisional appointment.

b. A person appointed provisionally in accordance with section
sixty-five of this article who receives a permanent appointment to the
same title immediately following the provisional appointment shall have
all time spent as a provisional appointee in such title credited towards
the qualifications required to take a promotional examination as well as
eligibility for appointment from the resulting eligible list. Such time
credited pursuant to this subdivision shall be used only for the
purposes of any term that is required for a promotional examination and
eligibility for appointment from the resulting eligible list and shall
not be used for any other purpose.

11. Notwithstanding any other provision of law, the state department
of civil service may, for titles designated by it, extend to employees
in the state service who are holding or who have held a position in the
non-competitive or labor class of such service the same opportunity as
employees in the competitive class to take promotion examinations if
such examinations are to be held in conjunction with open competitive
examinations.

12. Notwithstanding any other provisions of law, a municipal
commission may, for entrance level titles as defined and designated by
it, extend to employees in the service of a civil division who are
holding or who have held a position in the non-competitive class of such
service for a period of two years the same opportunity as employees in
the competitive class to take promotion examinations for which such
non-competitive class service is determined by the municipal commission
to be appropriate preparation if such examinations are to be held in
conjunction with open competitive examinations.

13. a. Notwithstanding any other provision of law, the state civil
service commission may, for titles designated by it, extend to disabled
veterans of the Vietnam era, the same opportunities to take promotion
examinations as provided to employees in the competitive class.

b. For purposes of this subdivision, "disabled veterans of the Vietnam
era" shall mean veterans who served during the Vietnam conflict as
defined in subparagraph four of paragraph (c) of subdivision one of
section eighty-five of this chapter and who provide documented evidence
that they meet the definition of disabled veteran prescribed by
subdivision one of such section.

14. Notwithstanding any other provision of law, in a city containing
more than one county, the municipal civil service commission may, for
titles designated by it, extend to employees in the service of a civil
division or public authority under its jurisdiction who are holding a
position in the non-competitive class or the labor class of such service
the same opportunities as employees in the competitive class to take
promotional examinations for which such non-competitive class or labor
class service is determined by the municipal civil service commission to
be appropriate preparation.

15. Promotion eligibility of person transferred to the office of
information technology services. Notwithstanding any other provision of
this chapter, the names of permanent employees transferred from a state
agency or department to the office of information technology services
shall remain on any promotion eligible list for appointment in the
agency or department from which such employees were transferred, for a
period of one year or until the expiration of such list, whichever
occurs first. Further, where the promotion eligible list on which such
employees' names appear is established in the office of information
technology services, the names of employees so transferred shall be
added to such promotion eligible list.