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3. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of the chapter and the rules and regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission and any person in the public service, in respect to the execution of this chapter, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths.

4. Have power to subpoena and require the attendance in this state of witnesses and the production thereby of books and papers pertinent to the investigation and inquiries hereby authorized and to examine them and such public records as it shall require in relation to any matter which it is required to investigate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production thereby of books and papers as aforesaid.

5. Make an annual report to the governor for transmission to the legis lature, showing its own action, the rules and regulations and the exceptions thereto in force, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this chapter. 6. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum.

87. Attendance of witnesses; fees.-Witnesses and officers to subpoena and secure the attendance of witnesses before said commission, shall be entitled to the same fees as are allowed witnesses in civil cases in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of the commission, and duly proved by affidavit or otherwise to the satisfaction of the said comptroller; and all state, county, town, municipal and other officers and their deputies, clerks, subordinates and employees shall afford the said board all reasonable facilities in conducting the inquiries specified in this chapter, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission.

§ 8. Duties of public officers.-It shall be the duty of all officers of the state of New York or of any civil division or city thereof to conform to and comply with and to aid in all proper ways in carrying into effect the provisions of this chapter, and the rules and regulations prescribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appoint. nient, employment, promotion or reinstatement except in accordance with the provisions of this chapter and the rules and regulations prescribed thereunder. Any person employed or appointed contrary to the provisions of this chapter or of the rules and regulations established thereunder, shall be paid by the

officer or officers so employing or appointing, or attempting to employ or appoint him the compensation agreed upon for any services performed under such appointment or employment, or in case no compensation is agreed upon, the actual value of such services, and any expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recovered in any such action.

9. Unclassified service; classified service.-The civil service of the state and of each of its civil divisions and cities shall be divided into the unclassified service and the classified service. The unclassified service shall com prise all elective offices, all offices filled by election or appointment by the legislature on joint ballot; all persons appointed by name in any statute; all legislative officers and employees, all offices filled by appointment by the governor, either upon or without confirmation by the senate, except officers and employees in the executive offices; all election officers, the head or heads of any department of the government, and persons employed in or who seek to enter the public service as superintendents, principals or teachers in a public school or academy or in a state normal school or college. The classified service shall comprise all positions not included in the unclassified service. All appointments or employments in the classified service, except those of veterans of the civil war, honorably discharged from the military or naval service of the United States, shall be for a probationary term not exceeding the time fixed in the rules.

§ 10. Rules for the classified state service.- The commission shall from time to time make rules for the classification of the offices, places and employments in the classified service of the state, and from time to time rules for the classification of the offices, places and employments in such civil divisions thereof, except cities, as after due inquiry by the commission shall be found practicable, and for appointments and promotions therein and examinations therefor, not inconsistent with the constitution and the provisions of this chapter, and shall amend the same from time to time. No examination or registration shall be required of persons to be employed as laborers in the state service. Such rules and any modifications thereof, shall take effect when approved by the governor. Due notice of the contents of such rules, and of any modifications thereof, shall be given by mail to appointing officers and heads of departments affected thereby, and such rules shall be printed for public distribution. Subject to the provisions of this chapter and of the rules established thereunder, the commission shall make regulations for and have control of examinations for the service of the state and the civil divisions thereof, except cities, and shall supervise and preserve the records of the same, but such examinations shall be held at least once a year in each of the following places: Albany, Amsterdam, Auburn, Binghamton, Buffalo, Dunkirk, Elmira, Geneva, Hornell, Ithaca, Jamestown, Johnstown, Kingston, Lockport, Malone, Middletown, Newburgh, New York, Ogdensburg, Olean, Oneonta, Oswego, Plattsburg, Poughkeepsie, Rochester, Saratoga, Syracuse, Utica and Watertown; and shall cover in each place all offices and positions for which competitive examinations are required, except such examinations as require special tools, machinery, appliances or laboratory facilities.

he serves.

§ 11. The classified city service.- The mayor of each city in this state shall appoint and employ suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, and for appointments and promotions therein and examinations therefor; and for the registration and selection of laborers for employment therein, not inconsistent with the constitution and the provisions of this chapter, and shall amend the same from time to time. Such persons shall be municipal civil service commissioners and shall constitute the municipal civil service commission of such city. All appointments or designations of municipal civil service commissioners shall be made in such manner that not more than two-thirds of such commissioners in any city shall at any time be adherents of the same political party. Such rules herein prescribed and established, and all regulations now existing for appointment and promotion in the civil service of said city, and any subsequent modification thereof, whether prescribed under the authority of a general law or of any special or local law, shall be valid and take or continue in effect only upon the approval of the mayor of the city and of the state civil service commission. The authority by this section conferred shall not be so exercised as to take from any policeman or fireman any right or benefit conferred by law, or existing under any lawful regulation of the department in which All examinations herein authorized shall be public, and all rules shall be published, and, with all the proceedings and papers connected with said examinations, shall be at all times subject to the inspection of said state commission and its agents; and said commission shall set forth in its report the character and practical effects of such examinations, together with its views as to the improvement and extension of the same, and also copies of all rules made under the authority hereby conferred. Subject to the provisions of this chapter and of said rules, the municipal commission of any city shall make regulations for and have control of examinations and registrations for the service of such city, and shall supervise and preserve the records In case for any reason, the mayor of any city within sixty days after he has the power to appoint, fails to appoint such municipal commissioners, the state commission shall appoint them to hold office until the expiration of the term of the mayor then in office and until their successors are appointed and qualify. It shall be the duty of such persons to prepare and to procure the approval of the rules herein provided for, and, if they fail to do so within sixty days after their appointment, the state commission shall forthwith make said rules. It shall be the duty of such persons to make reports from time to time to the state commission, whenever said commission may request, of the manner in which this law, and the rules and regulations thereunder, have been and are administered, and the results of their administration in such city, and of such other matters as said commission may require, and annually on or before the fifteenth day of January, to make such a report to said commission; and it shall be the duty of said state commission in its annual report to set out either these reports, or a sufficient abstract or summary thereof, to give full and clear information as to their contents. A copy of the roster of the classified civil service of such city shall be transmitted to the state commission with the annual report aforesaid, and shall be filed in the office of said commission as a public record. The municipal commission of each city, for the purpose of investigating the enforcement and

of the same.

effect of the civil service law and the rules and regulations prescribed thereunder in the service of such city, shall have the same powers that are granted to the state commission by the third and fourth subdivisions of section six of this act. The mayor may at any time remove any municipal civil service commissioner appointed by him. Said state commission may also, by unanimous vote of the three commissioners, with the written approval of the governor, remove any municipal civil service commissioner appointed or employed under the authority of this section, for incompetency, inefficiency, neglect of duty or violation of the provisions of this chapter, or of the rules and regulations in force thereunder, or of any of them, specifying in writing the particulars of the incompetency, inefficiency, neglect of duty or violation charged, and filing the same as a public document in the office of the city clerk, or if there be no city clerk, in the office of the clerk of the board of aldermen, and a certified transcript thereof in the office of the state civil service commission, first giving such commissioner an opportunity to make a personal explanation in self-defense. Whenever a municipal civil service commissioner has been removed by the unanimous vote of the three state commissioners, with the written approva! of the governor, or whenever any municipal commissioner shall resign or be removed by the mayor pending an investigation by the state commission of the administration of the civil service of the city in which such person is a municipal commissioner, or whenever any municipal commissioner shall resign or be removed by the mayor pending a hearing by the state commission of charges preferred against such municipal commissioner, the state commission and not the mayor of such city shall have power to appoint persons to fill such vacancies, and such persons so appointed by the state commission shall hold office as municipal civil service commissioners of such city until the expiration of the term of the mayor then in office and until their successors are appointed and qualify. Said state commission may at any time, by unanimous vote of the three commissioners, amend or rescind any rule, regulation or classification prescribed under the provisions of this section, provided that said state commission shall state the reasons for such action in writing, and file the same and a certified transcript thereof as a public document as hereinbefore provided, and give an opportunity to the municipal civil service commissioners concerned to make a personal explana tion and to file papers in opposition to such action. The said state commission, however, shall not take such action upon any ground other than that the provisions or purposes of this chapter are not properly or sufficiently carried out by such rule, regulation or classification, nor without specifying in writing and detail in what particular such provisions or purposes are not carried out, nor shall said state commission exempt from competitive examination any position or place or employment in any city without the consent of the municipal commission of such city. (As amended by chap. 357, Laws of 1916.)

§ 12. Classification. The offices and positions in the classified service of the state or of any civil division or city thereof for which civil service rules shall be established pursuant to this chapter, shall be arranged in four classes to be designated as the exempt class, the competitive class, the non-competitive class and, in cities, the labor class.

§ 13. The exempt class. The following positions shall be included in the exempt class:

1. The deputies of principal executive officers authorized by law to act generally for and in place of their principals;

2. One secretary of each officer, board and commission, authorized by law to appoint a secretary;

3. One clerk, and one deputy clerk if authorized by law, of each court, and one clerk of each elective judicial officer;

4. In the state service, all unskilled laborers and such skilled laborers as are not included in the competitive class or the non-competitive class; and in addition thereto there may be included in the exempt class all other sub ordinate offices for the filling of which competitive or non-competitive examina tion may be found to be not practicable. But no office or position shall be deemed to be in the exempt class unless it is specifically named in such class in the rules, and the reasons for each such exemption shall be stated separately in the annual reports of the commission. 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 rules. Appointments to positions in the exempt class may be made without examination. amended by chap. 170, Laws of 1912; chap. 352, Laws of 1913.)

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§ 14. The competitive class. The competitive class shall include all posi. tions for which it is practicable to determine the merit and fitness of applicants by competitive examination, and shall include all positions now existing, or hereafter created, of whatever functions, designations or compensation, in each and every branch of the classified service, except such positions as are in the exempt class, the non-competitive class or the labor class. Appointments shall be made to or employment shall be given in all positions in the competitive class that are not filled by promotion, reinstatement, transfer or reduction under the provisions of this chapter and the rules in pursuance thereof, by appointment from among those graded highest in open competitive examinations conducted by the state or municipal commission, except as herein otherwise provided. The term of eligibility shall be fixed for each eligible list at not less than one nor more than four years. Appointment shall be made from the eligible list most nearly appropriate for the group in which the position to be filled is classified, and a new list shall be created for a stated position or group of positions only when there is no appropriate list existing from which appointment may be made. No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he shall have previously passed an open competitive examination equivalent to that required for such position, or unless he shall have served with fidelity for at least three years in a similar position. Appointments to positions in the state service, the duties of which are confined to a locality outside of Albany county, shall, so far as practicable, be made from residents of the judicial district or districts including such locality. The examinations shall be public and shall be practical in their character and shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed. Such commissions shall prepare lists of preliminary requirements and subjects

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