such certification is made, unless such declination be based on insufficiency of the salary attached to the position offered, or temporary inability, physical or otherwise to accept, and proof of such inability is furnished to the Commission.

8. Whenever an eligible shall decline any appointment offered and another eligible whose relative standing is lower on the list shall be appointed to the position, the salary or compensation of such appointee shall not be increased within a period of one year after his appointment, beyond that offered to the person so declining.

9. From among the persons whose names are certified, as above provided for, the appointing officer shall make an appointment to fill the vacancy, subject, however, to preference allowed by law.

10. Whenever an eligible list contains less than three names, the appointing officer may make an appointment from such list or proceed as herein otherwise provided.

11. The name of an eligible who shall be certified for appointment from an eligible list and who shall receive an appointment permanent in its character shall be stricken from the list from which such certification was made.

Rule XXI. Appointments to Positions in Competitive Class. Provisional Appointments

1. Whenever there are urgent reasons for filling a vacancy in any position in the Competitive Class, and there is no list of persons eligible for appointment after competitive examination, or the existing list contains less than three names, the appointing officer may nominate a person to the Commission for non-competitive examination, and if such nominee shall be certified by the Commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue more than ten days after notice to the appointing officer that an eligible list has been prepared for such position, nor in any case for a longer period than four months, nor shall successive provisional appointments be made to the same position under this rule.

2. Whenever a vacancy exists in a position in the Competitive Class, and an open competitive examination has been duly advertised, and there are less than three applications filed for the examination, the appointing officer may nominate a person to the Commission for non-competitive examination, and if such nominee shall, after examination, be certified by the Commission as qualified, he may be appointed to fill such vacancy. In case there is a person serving in such a position under provisional examination, and no one applies to compete with him in an open competitive examination duly advertised, the provisional appointment of such person may be made permanent.

Rule XXII. Temporary Employment in Competitive Positions

1. When the services to be rendered by an appointee are for a temporary period, not to exceed one month, and the need of such service is important and urgent, the appointing officer may select for such service any person on

the proper list of those eligible for permanent appointment, without regard to his standing on such list upon due notice to the Commission of the reason therefor.

2. No person shall be eligible for such temporary appointment to any position in the Competitive Class if he shall have received a temporary appointment from the same eligible list within the previous four months, unless such person shall be one of the three highest on said list willing to accept such employment.

3. The acceptance by an eligible of a temporary appointment shall not affect his standing on the eligible list or register for a permanent appointment, nor shall such temporary service be counted as part of the probationary term, in case of subsequent appointment to a permanent position.

Rule XXIII. Appointments to Season Positions

1. All positions in the Competitive Class, the nature of the service of which is temporary and not continuous throughout the year, but recurs each successive calendar year, are hereby designated as "Season Positions" and shall be subject to the provisions of these rules applicable generally to positions in the Competitive Class, except as herein otherwise provided.

2. Any person appointed to, or employed in, a season position and who has been temporarily separated from the service by reason of the completion of the work of such position, shall be entitled to reappointment to, or re-employment in, the same position in the next ensuing year.

3. Additional appointments to, or employment in, a season position shall be made from among those eligibles whose names appear upon the most appropriate eligible list for the position involved, who are willing to accept temporary, or season employment, preference being given in the order of their standing on such list.

4. When a sufficient number of eligibles cannot be so secured from such eligible list, additional appointments may be made without examination, unless the Commission shall require a qualifying examination; and the appointing officer shall, in each such case, report to the Commission the names of the persons so employed, the character of their previous employment, the term of their employment by him and the rate of compensation to be paid them.

Rule XXIV. Emergency Employment

In cases of emergency, where the public interest demands the immediate employment of one or more persons to perform the work, or render the services of a position in the Competitive Class, and it is impracticable to make such appointment in accordance with the law and these rules, the appointing officer may, subject to the subsequent approval of the Commission, procure such services to be performed and such work to be done to meet the demands of the public interests, but in no case shall such employment be for a longer period than five days.

In all such cases the appointing officer shall make a full report to the Commission of all of the facts and circumstances and successive emergency appointments shall not be made.

Rule XXV. Special Patrolmen

Special patrolmen may be temporarily appointed pursuant to law, without examination and without reference to the qualifications provided in these rules, in cases of epidemic, riot, or when necessary in other and kindred emergencies, provided, however, that no person so employed shall continue in the service for a longer period than ten days unless upon the written request of the appointing power setting forth the reasons why an extension of time is necessary, the Commission shall extend such temporary period of employment. No such extension, however, shall be for a longer period than ten days, and in no case shall such employment be authorized or continued beyond the necessities of the emergency.

Rule XXVI. Appointments of Firemen and Drivers in the Fire

Department

1. The appointing officer may designate from the eligible list of firemen, and from the eligible list of drivers, in the manner prescribed by these rules, one hundred and twenty-five men to be known as the "Substitute Corps," which corps shall include the requisite number of substitute firemen and drivers. Designation to said substitute corps shall, for the purposes of these rules, be deemed equivalent to an appointment, and the names of the persons so appointed to said corps shall be stricken from the eligible list, and such persons shall not be required to pass any further examination by the Commission to entitle them to appointment to regular and permanent positions in the Department.

2. Appointments to regular and permanent positions as firemen and drivers in the Fire Department shall be made from such substitute corps, first, in order of seniority of appointment to such substitute corps, and secondly, in accordance with the rating obtained in the original examination and standing upon the eligible list. All substitute work shall be first distributed to and among the members of such substitute corps as evenly and ratably as possible. Whenever such substitute corps shall be unable to do all of the substitute work, additional substitutes may be employed, to be appointed from the eligible list, but the employment of all such additional substitutes shall not be tantamount to a permanent appointment, nor exempt them from subsequent Civil Service examination after the expiration of the existing eligible list.

Rule XXVII. Appointments as Desk Sergeants

1. The appointing officer may designate from the eligible list of desk sergeants, in the manner prescribed by these rules, six men to be known as "Permanent Substitute Desk Sergeants." Designation as such permanent substitute desk sergeant shall, for the purpose of these rules, be deemed equivalent to an appointment, and the names of the persons so designated shall be stricken from the eligible list, and such persons shall not be required to pass any further examination by the Commission to entitle them to appointment to regular and permanent positions as desk sergeants in the Police Department.

2. Appointments to regular and permanent positions as desk sergeants in the Police Department shall be made from among such permanent substitute desk sergeants, first, in the order of seniority of appointment as such permanent substitute desk sergeant, and secondly, in accordance with the rating obtained in the original examination and standing upon the eligible list. Whenever the six permanent substitute desk sergeants shall be unable to do all the substitute work, additional substitutes may be employed, to be appointed from the eligible list, but the employment of all such additional substitutes shall not be tantamount to permanent appointment, nor exempt them from subsequent Civil Service examination after the expiration of the existing eligible list.

Rule XXVIII. Term of Probation of Appointments in the Classified Service

In addition to the tests required in physical, mental and written examinations for positions in the Classified Service, and as a further test of the fitness and ability of a person appointed to such service, all appointments or employments in the Classified Service, except those who are entitled to preference in accordance with Article V, Section 9, of the Constitution, shall be for a probationary term of six months; and if the conduct, capacity and fitness of the probationer are satisfactory to the appointing officer, his retention in the service after the end of such term shall constitute his permanent appointment; but if his conduct, capacity or fitness shall not be satisfactory he may be discharged during such term.

1. Vacancies in positions in the Competitive Class shall be filled, so far as practicable, by promotion from among persons holding positions in a lower grade in the office, bureau, department or institution in which the vacancy exists; and original appointment to such position shall be allowed only when the Commission shall find it impracticable to fill the same by promotion.

2. For the purposes of this rule, an increase in the salary or other compen❤ sation of any person holding an office or position within the scope of these rules beyond the limit fixed for the grade in which such office or position is classified, shall be deemed a promotion.

3. Promotions shall be based upon merit and competition and upon the superior qualifications of the person promoted as shown by his previous service, due weight being given to seniority.

4. To be eligible to enter an examination for or receive such promotion, a person must have been continuously employed for a period of at least six months immediately preceding such examination, and in the Police and Fire Departments for at least twelve such months, in a next lower position, the duties of which are such as would naturally and properly tend to fit him to perform the duties of the position to which he seeks promotion, and he must possess all of the preliminary requirements prescribed by statute, rule or regulation for original entrance to the position to be filled. The Commission may admit to such examination for promotion persons in other offices,

bureaus, departments or institutions holding positions qualifying them for promotion as above provided for.

5. When more than three persons are eligible for such promotion, a competitive examination shall be held, notice of which shall be posted conspicuously in the office, bureau, department or institution wherein the promotion is to be made, or sent to those eligible to compete. If not more than three persons are eligible or file applications, the appointing officer may nominate one of such persons for such promotion and the Commission will conduct an examination of such character and scope as it shall determine to be for the interests and efficiency of the service.

6. The conduct of such examinations and the preparation of such eligible lists shall be subject to the general provisions of Rules 15 and 17. The Commission shall certify from eligible lists for promotion in the same manner provided for in rule 20 for certification for original appointment.

Rule XXX. Transfers

Transfers from one office, bureau, department or institution to another may be made with the approval of the Commission and upon mutual consent of the appointing officers whose offices, bureaus, departments or institutions are affected, as follows:

1. A person originally appointed from an eligible list, who has served for six months in any position, may be transferred to a similar position in the same group and grade, or to a similar position in the same grade in another group, or to a position in a lower grade, for original entrance to which there is not required an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person.

2. A person holding a position in the Non-Competitive Class or the Labor Class may be transferred to a similar position in the same class.

Rule XXXI. Reinstatement in Service

1. Any person who has held a position by appointment in the Civil Service and who has been separated from the service through no delinquency or misconduct on his part, may, with the approval of the Commission and within one year from the date of such separation, be reinstated without re-examination in a vacant position in the same group and grade, and in the same office, bureau, department or institution, and for original entrance to which there is not required by these rules an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person, or may be appointed to a position to which he was eligible for transfer, as provided for in Rule 30.

2. A person who has served continuously for at least one year in a position in the Competitive Class and who has been separated from his position by appointment to a position in the Exempt Class, or in the unclassified service, and who has served continuously therein from the date of such separation, may be reinstated without re-examination in a vacant position in the Competitive Class, in the same group and grade and in the same office, bureau, department or institution, for original entrance to which position there is