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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 formerly held by such person, or may be appointed to a position in the same group and grade in another office, bureau, department or institution to which he was eligible for transfer, as provided in Rule 30.

3. No reinstatement to a position in the Competitive Class shall be allowed under the first and second paragraphs of this rule, unless the person so to be reinstated shall have acquired his former position under the Civil Service rules and as a result of an examination.

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A person holding a position in the Civil Service of the city may be granted a leave of absence for a period of one year; and no person shall be eligible for reinstatement after the expiration of such period.

Rule XXXIII. Appointments to Positions in the Non

Competitive Class

1. An appointing officer may nominate a candidate for appointment to a position in the Non-Competitive Class and such appointment shall be made only after such Non-Competitive examination as the Commission shall determine to be appropriate for each such position so to be filled and after the Commission shall have certified the person so nominated as qualified to discharge the duties of such position.

2. Such examinations shall be of a character to determine:

(a) That the person examined is within the limits of age prescribed for the position or employment to which he has been named;

(b) That he is properly certified as free from any physical defect or disease which would be likely to interfere with the proper discharge of his duties; (c) That his character is such as to qualify him for such position or employment; and

(d) That he possesses the requisite knowledge and ability and experience to discharge the duties of the position.

Rule XXXIV. Appointments to Positions in the Labor Class

1. The Labor Class shall be divided into two divisions known as Division 1 and Division 2. Division 1 shall include the skilled laborer positions included in said class and Division 2 shall include all unskilled laborers.

2. Vacancies in the Labor Class shall be filled by appointment from lists of applicants registered by the Commission. Preference in employment shall be given after the applicant has qualified according to date of application and registration. There shall be separate lists of applicants for different kinds of labor or employment, and the Commission may establish separate labor lists for various institutions and departments. Where the labor service of any department or institution extends to separate localities, the Commission may provide separate registration lists for each district or locality.

3. All persons seeking employment in the Labor Class must be citizens of the United States and residents for one year last past of the city of Buffalo,

and shall make application for employment upon such blank forms as the Commission may prescribe giving his name, age, residence, citizenship, physical condition, previous occupation, ability to labor, skill, capacity and experience in the trade or employment for which he applies, his service if any, as soldier, sailor or marine in the army or navy of the United States during the late Civil War, with the date of discharge therefrom, and also certificates by two reputable residents of Buffalo, one of whom, if possible, is or shall have been an employer of the applicant, vouching for his character, sobriety, trustworthiness, industry, skill and capacity to perform the duties of the employment which he seeks.

The restrictions as to residence and citizenship may be waived by the Commission as to all persons employed as unskilled laborers in the collection and disposal of ashes and garbage and street cleaning.

4. The Commission shall require an applicant for registration for the labor service to furnish such evidence or pass such examination as it deems proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies.

5. Applicants for positions in Division 1 may be subjected to such practical tests of their knowledge and experience and of their skill and capacity in the use of the tools of their trade, as the Commission may from time to time prescribe.

6. A registration shall continue in force for the period of one year and thereafter and until such time as the Commission may require re-registration as to an applicant's ability and willingness to accept employment. Such re-registration may be required at any time after the expiration of one year from the date of the filing of the application.

Notice of such required re-registration shall be mailed to all applicants whose names appear upon the list and who have been registered for a period of one year or more at the places of residence given by them in their respective applications; and such applicants may re-register during the period of time prescribed therefor by the Commission as stated in said notice.

If an applicant shall fail to so re-register within the time so prescribed his name shall be stricken from the list without further notice.

Rule XXXV.

Preferences Allowed Honorably Discharged
Soldiers, Sailors and Marines

In every public department and upon all public works of the city, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late Civil War, who are citizens and residents of the city, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made, to all competitive and non-competitive positions, provided their qualifications and fitness shall have been ascertained as provided by law and these rules; and a person thus preferred shall not be disqualified from holding any position in the civil service on account of his age or by reason of any physical disability provided such age or disability does not render him incompetent to perform the duties of the position applied for. Whenever any list of eligible persons shall contain the names of honorably discharged soldiers, sailors and marines entitled to preference as aforesaid

any reference in these rules to the persons standing highest on such list shall be deemed to indicate those standing highest of those entitled to preference by the provisions of law, and such persons shall be given prefer. ence on any list of registered applicants for employment in the labor service, in accordance with the dates of their several applications as though such applications had been filed prior to those of any persons on such lists not entitled to the preference provided by this section.

Rule XXXVI. Efficiency Records

To enable the Commission to grade applicants for promotion, and to rate them for their efficiency in any examination, there shall be kept in every office, bureau, department or institution, continuous and comparative records of the work, conduct, past record and efficiency in the service of all persons employed therein, and the Commission may prescribe the form of such efficiency records and the details thereof. Copies of such records shall be filed with the Commission upon its request; and if the same have been regularly and properly kept they shall constitute one of the elements in such promotional or other examination, with such relative weights as shall be assigned to them by the Commission. If such records have not been regularly and properly kept the Commission may adopt such methods as it may deem best calculated to determine the relative efficiency of the persons to be examined.

Rule XXXVII. Reports of Appointing Officers

For the purpose of enabling the Commission to keep the official roster of the classified service as required by law, and to certify to the comptroller, or other fiscal officer, for the payment of salaries, each appointing or employing officer, and the head of every office, bureau, department or institution shall, forthwith upon the date of the official action in each case, report to the Commission as follows:

(a) Every appointment or employment in any capacity whatever, whether probationary, permanent, temporary, special or otherwise, in the classified service, and the name of such appointee or employee, the title and character of his office or employment, with the date of the commencement of the service and the salary or compensation thereof.

(b) Every failure to accept an appointment under him by a person entitled thereto, with copies of the offer or notice of appointment and the reply thereto, if any.

(c) Every discharge during or at the end of a probationary term, with the date thereof.

(d) Every vacancy in a position, whether caused by dismissal, resignation or death, with the date thereof.

(e) Every position abolished, with the date of such abolition.

(f) Every change of compensation in a position, with the date thereof. (g) Every promotion, giving positions from which and to which made, with the salaries and date thereof.

(h) Every transfer, giving the positions from which and to which made, with the date and salaries thereof.

(i) Every reinstatement in a position, with the date and salary thereof. (j) Every leave of absence and the date when same was granted and the length thereof.

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The Commission shall keep in its office an official roster of the Classified Service, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service upon such evidence as it may require or deem satisfactory that such person was appointed to, or employed, promoted or reinstated in the service in conformity with the provisions of law and of these rules. The official roster shall show opposite, or in connection with each name, the date of appointment, employment, promotion or reinstatement, and the compensation of the position, date of commencement of service, and the date of transfer in or separation from the service by dismissal, resignation, cancellation of appointment, or death.

Rule XXXIX.

Certificate Before Payment for Services

1. It shall be unlawful for the comptroller or other fiscal officer to draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the treasurer or other disbursing officer of the city for the payment of, or for the treasurer or other disbursing officer of the city, to pay any salary or compensation to any officer, clerk or other person in the Classified Service, unless an estimate, payroll or account for such salary or compensation, containing the names of the persons to be paid, shall bear the certificate of the Commission, that the persons named in such estimate, payroll or account have been appointed or employed or promoted in pursuance of law and of the rules made in pursuance of law.

2. If the Commission shall find that any person has been transferred, assigned to perform duties or reinstated in violation of any provision of the Civil Service Law or of these rules adopted thereunder, it shall so notify the comptroller or other fiscal officer, and thereafter such officer shall not draw, sign or issue or authorize the drawing, signing or issuing of any warrant on the treasurer or other disbursing officer for the payment of salary or compensation to any such person.

Rule XL.

Payrolls, Estimates and Accounts

Appointing officers and heads of offices, bureaus, departments or institutions shall furnish the Commission with payrolls, estimates, accounts and certificates in form and manner as follows:

1. Heads of offices, bureaus, departments and institutions, whose employees are paid individually direct from the treasury of the city, shall furnish the Commission, at least five days before payment is to be made, a payroll showing the names of the persons to be paid, the title of the position held or kind of service performed by each person, the rate and amount of compensation to which he is entitled, and the period for which he is to be paid, and shall certify that the persons named therein are employed solely in the

proper duties of the positions and employments indicated, and that the persons described as or proposed to be paid as "laborers" are employed at ordinary unskilled labor only.

2. After examination and certification by the Commission as herein prescribed, such payrolls shall be transmitted by it to the comptroller or fiscal officer for further examination and payment as required by law.

3. Heads of offices, bureaus, departments or institutions whose employees are paid directly by the department without previous detailed estimate to the comptroller, shall furnish the Commission, before payment is made, the payrolls and certificates as required in section 1 hereof, and disbursing officers of such offices, bureaus, departments and institutions shall not pay such persons until the Commission shall certify to the same as herein prescribed. 4. Such estimates, payrolls or accounts for services shall be compared with the official roster and the Commission shall attach thereto or place thereon a certificate "that the persons named in such estimate, payroll or account for services rendered to the City of Buffalo, containing

........

names, have

been appointed or employed or promoted in pursuance of law and the rules made in pursuance of law, except the persons through whose names à red line is drawn."

SCHEDULES

The following is a list of the offices and positions in the Civil Service of the city included in the Exempt Class, the Non-Competitive Class and the Labor Class:

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Department of Finance and Accounts:

Commissioner's Office Deputy Commissioner of Finance and Accounts.

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Department of Poor - Deputy Overseer of Poor.

Bureau of Playgrounds - Secretary.

Department of Public Works:

Commissioner's Office-Secretary.

Bureau of Engineering Secretary.

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