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and of all appointments, promotions, transfers, dismissals, resignations and changes of any sort therein. When not in attendance upon the board, the secretary will act under the direction of the mayor.

Rule III. Classifications of Positions Classified Service

1. The Civil Service of the city of Amsterdam is divided into the unclassified service and the classified service.

2. The unclassified service includes:

First-All officers elected by the people.

Second-All election officers.

Third- The head or heads of any department or office of the city government.

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Fourth Persons employed in or who seek to enter the public service as superintendents, principals or teachers in the educational department of the

city.

3. The classified service includes all positions not in the unclassified service. The positions in the classified service are hereby classified in four classes, to be known as the Exempt Class, the Competitive Class, the NonCompetitive Class and the Labor Class as enumerated in respective schedules hereunto attached and hereby made a part of these rules.

Rule IV. The Exempt Class

The Exempt Class shall include:

First- - The deputies of principal executive officers duly authorized by law to act generally for and in place of their principals.

Second One secretary of each officer, board or commission authorized by law to appoint a secretary.

Third One clerk and one deputy clerk, if authorized by law, of each court.

Fourth Other subordinate offices, for the filling of which competitive or non-competitive examination may be found to be not practicable. But no officer or position shall be deemed to be in the Exempt Class unless it is specifically named in such class in schedule of Exempt Class hereto annexed. Not more than one appointment shall be made to or under the title of any such office or position, unless a different number is specifically mentioned in such schedule.

Exempt Class may be such examination may Appointing officers must writing of all appoint

The appointments to positions comprised in the made without examination under these rules, but be held upon the request of the appointing officer. notify the Municipal Civil Service Commission in ments of such positions within five days after the same are made, setting forth the full name of such appointee, the date and place of birth, length of residence in the city of Amsterdam, nature of previous employment, whether he has ever been in official service before, and if so, when and where; date of beginning of service and term for which appointed, salary, and the name of the person in whose place appointed; all of which shall be duly certified by the appointing officer. In these rules the term "appointing officer" shall be construed to include any person, board or commission

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having the power to appoint to any position in the Civil Service of the city of Amsterdam.

Rule V. Application for Examination - Competitive Class

Application of competitors for positions in the Competitive Class must be addressed to the secretary of the Muncipal Civil Service Commission of the city of Amsterdam, at the office of the Commission in the City Building in said city. The application must be verified and in the handwriting of the applicant. It must state:

First — His full name and residence, giving street and number.
Second-His term of residence in the city of Amsterdam.

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Sixth-His previous employment in the public service, if any, and whether he has ever been discharged therefrom, and if so, the reason thereof.

Seventh

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- His business or employment and residence for the last preceding five years.

Eighth The extent, place and nature of his education.

Ninth - If in the military or naval service of the United States in the late Civil War, the name of organization, or vessel to which attached, date of enlistment or commission, position or rank, date and cause of discharge from the service, any physical disability incurred in such service.

Tenth Such other information must be furnished as the board may reasonably require touching upon the applicant's fitness and merit for the public service. The application must be accompanied by a certificate of a practicing physician of good repute, that he has examined the applicant and found him free from any physical defect or disease that would be likely to interfere with the proper discharge of his duties in the position in the Civil Service sought by such applicant, and by the certificate of not less than three nor more than five reputable citizens of the city that they have been personally acquainted with the applicant for at least one year, and believe him to be of good moral character, of temperate and industrious habits, and in all respects fit for the service which he wishes to enter, and that they are willing that such certificate shall be published for public information, and will, upon application, give such further testimonials in regard to such applicant as may be required. The applicant must also state in his application the position he seeks. Where the applicant is a nonresident, but eligible for appointment under the provisions of Rule XX, two of the citizens making the certificates herein above referred to, may be residents of the applicant's place of residence.

Rule VI. Defective Applications - Age Qualification Defective applications may be suspended by the Commission and applicants notified to amend the same, but the Commission shall not be compelled to give such notice or grant such opportunity a second time. All candidates shall be at least twenty-one years of age, and not more than sixty years of age at the date of their examination, except as hereinafter

provided in Rule XXXIII. Whenever the application does not show that the applicant is within the prescribed limits of age, and is otherwise qualified under the rules, the application will be rejected.

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Whenever the demands of the service may require, the Municipal Civil Service Commission will notify all applicants, whose applications have been filed and are on record, to appear for examination, giving at least five days' notice of the place, date and hour for such examination in the manner hereinafter specified.

The place and date of such examination and any other material information in regard thereto will be posted in the bulletin of the Municipal Civil Service Commission, erected in a conspicuous place in the lobby of the City Building in the city of Amsterdam. When deemed expedient by the Commission, advertisement of examinations will be made in the official newspapers of the city of Amsterdam, but the notice posted in its own bulletin, as above provided, shall be the only public notice of any examination required.

Rule VIII. Examination

In all examinations for appointment and promotion in the Civil Service of the city of Amsterdam, merit and fitness shall be determined by and upon competitive examinations for all positions in the Competitive Class, as herein provided. The merit and fitness of all applicants shall be determined by examination conducted by the Municipal Civil Service Commission. Upon all such examinations no rating higher than one hundred per centum shall be given to any person. Lists containing the names and rating of all applicants found on such examination to be eligible for appointment and promotion for merit and fitness, shall be made up for certification to the person or persons holding the power of appointment or promotion in the manner provided in these regulations. The minimum percentage of rating necessary to entitle an applicant to a place upon such eligible list shall be seventy-five per centum.

Rule IX. Conduct of Examinations

The actual conduct of every examination for merit and fitness shall be under the responsible direction of the Commission, or of its designated members, free from the interference or participation or influence of the appointing officer or of any person other than the assistant examiners or experts directly employed by the Commission. No person employed in a department for whose benefit an eligible list is to be prepared shall be employed as an expert upon the examination for such eligible list. The Commission may in the examinations give such relative importance to the different subjects or matters of examination, whether mental or physical, or to experience, occupation or training as to them may seem fit. At or before the commencement of every examination, the weight to be given to every subject included in the examination, and the general or average minimum and the minimum, if any allowable, upon each subject shall be announced to the

applicants. The appointing officer shall state to the Commission, upon their request, and so far as is consistent with these rules, the general qualifications or attainments, physical or mental, or both, and the experience he deems necessary or proper to be possessed by persons filling the positions for which an eligible list is to be formed, and also of what age such person should be.

Rule X. Character of Examination

All examinations shall be public and practical in their character and shall relate to those matters which shall fairly test the intelligence, competency, suitability and character of the applicants to discharge the duties of the service for which they seek to be appointed. The Commission, with the approval of the Civil Service Commissioners of the State, shall determine when examinations are not practicable in cases relating to the Civil Service of the city of Amsterdam.

Rule XI. Physical Examination

Whenever physical qualifications are of prime importance to the proper discharge of the duties of any position, applicants must pass an additional examination as to their physical condition and capacity, and be certified as qualified in such respects before they shall be accorded a mental examination.

Rule XII. Political Opinions of Candidates

No recommendation or question under the authority of these rules shall relate to the political opinions or affiliations of any person whatever. Nor shall political opinions be discovered or considered by the Commission in their examinations. The Commission shall not receive or consider any communication as to the qualifications or merits of any candidates for a position except such as herein permitted, and except such communications as they may invite by way of verification of statements made by the candidate.

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1. Every competitor who attains an average percentage of seventy-five or over on all the obligatory subjects in any examination, and whose standing on every such obligatory subject is sixty or over, shall be eligible for appointment to the position for which he was examined; and the names of eligibles shall be entered, in the order of their average percentages, on the proper register of eligibles; provided that the names of competitors who have passed as above, and whose claims for preference under section 9 of article 5 of the Constitution, have been allowed by the Commission, shall be placed in the order of their respective average percentages at the head of the proper register of eligibles.

2. When two or more eligibles on a register have the same average percentage, preference, in certification, shall be determined by the order in which their applications were filed, but neither priority in the date of application nor of application will give any other advantage in position on the registers of eligibles.

3. The Commission shall prescribe the character of the distinct eligible lists, designating the positions that may be filled by certification from such lists. A transfer of names from one eligible list to another, prepared as above, may be made by direction of the Commission.

4. The term of an eligible list is fixed at not less than one year or more than four years from the date of the establishment of such list.

An eligible list which has been in force for a period of one year shall terminate provided that a new examination has been held and a new list prepared for the same position.

Persons whose names appear upon any such eligible list shall be notified by mail when a new examination is to be held for the same position and informed that their eligibility will cease upon the establishment of the new eligible list as the result of the new examination.

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Where an examination for any grade is had before the eligible list for that grade is exhausted, a new list shall be prepared after such examination. The persons upon the former eligible list who have not been examined for the new eligible list shall be respectively placed upon the new eligible list in the position to which the percentage of their aggregate markings upon their former examinations would entitle them if such markings had instead been given them upon the new examination and shall be continued thereon until the end of their term of eligibility.

Rule XV.

Written or Oral Examinations

In the creation of new eligible lists the rating shall be based upon such written or oral examinations, or both, as the Commission shall determine, which oral examinations shall be stenographically recorded.

Rule XVI. Correction of Errors

The Commission shall have the power in its discretion whenever in its judgment the interests of the public service require it, to order a re-examination of applicants for any position, and shall have power to correct any error and amend or revoke any schedule, list or other paper of record where it appears that any error or injustice has been done, or where any person whose name appears on any eligible list has for any reason become incapacitated for appointment in the public service, to strike such name from said list, provided, however, that after an eligible list is prepared and certified it shall not be altered or revoked except upon notice by mail or otherwise as the Commission may direct, to all persons whose standing may be unfavorably affected by the alteration. But the reasons for every such action shall be recorded in full in the minutes of the Municipal Civil Service Commission.

Rule XVII.

Certification for Appointment

Whenever a vacancy shall occur within any grade of the Competitive or Labor Class, which in the opinion of the appointing officer, the business of the city requires to be filled, he shall forthwith notify the secretary of the

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