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Grade 2 the title "resident engineer", so that the group and grades shall read as follows:

“Group D. Senior assistant engineer. In this group are included: Grade 1. Assistant engineer, bridge designer, resident engineer, assistant engineer of claims, civil engineer of grade crossings; salary range: ($2,592), $2,820, $3,060. Grade 2. Bridge designer, resident engineer; salary range: $3,300, $3,540."

(Adopted May 10, 1917. Approved by the Governor, May 18, 1917.)

Rule VIII, Subdivision 9

Resolved, That, subject to the approval of the Governor, Civil Service Rule VIII, subdivision 9, be and hereby is amended by striking out the sentence reading as follows:

"All exceptions granted under this section, with reasons therefor, shall be set forth by the Commission in its next annual report."

(Adopted March 14, 1917. Approved by the Governor, April 11, 1917.)

Rule XV, Subdivision 2

Resolved, That, subject to the approval of the Governor, Civil Service Rule XV, subdivision 2, be amended to read as follows:

"2. A person holding a position in the Competitive Class who did not enter the service by qualifying in an open competitive examination may be transferred in accordance with section 1 of this Rule, provided he has served continuously with fidelity for at least three years in a similar position, six months in the Competitive Class and six months in a grade not lower than that of the position to which transfer is proposed."

(Adopted February 7, 1917. Approved by the Governor, February 17, 1917.)

Rule XV

Resolved, That, subject to the approval of the Governor, Rule XV, relating to transfers, be amended by striking from subdivision 3 the last sentence thereof, reading as follows:

"No such transfer shall be allowed when there is an appropriate list of persons eligible for promotion to the position proposed to be filled by transfer,"

and by adding a new subdivision, reading as follows:

"6. No transfer shall be allowed when there is an appropriate eligible list for promotion to the position to which transfer is desired, or when there are persons eligible to compete for promotion."

(Adopted February 14, 1917. Approved by the Governor, April 11, 1917.)

Rule XVI, Subdivision I

Resolved, That, subject to the approval of the Governor, Civil Service Rule XVI, subdivision 1, be and hereby is amended so as to read as follows:

"1. Any person who has held a position by appointment under the Civil Service Rules, as the result of examination, and who has been separated from the service through no delinquency or misconduct on his part, by removal, resignation, suspension, or leave of absence without pay, may be reinstated without re-examination in a vacant position in the same office, department or institution, and in the same group, subdivision and grade, within one year from the date of such separation; or may be appointed within one year from the date of separation from the service, to a position to which he was eligible for transfer; provided that for original entrance to the position proposed to be filled by reinstatement, or appointment, there is not required by these rules, in the opinion of the Commission, an examination involving essential tests or qualifications different from or higher than those involved in the examination for original entrance to the position formerly held by the person proposed to be reinstated or appointed. Absence on leave for more than one year shall be deemed the equivalent of a resignation from the service upon the date of commencement of such absence. A person who is or has been on leave of absence will not be eligible to compete for or to receive promotion, unless otherwise ordered by the Commission, until he has resumed the performance of his duties for a period equivalent to the aggregate time of his absence on leave during the twelve months prior to such competition or promotion. In computing period of time under this subdivision, time of active service in the military or naval forces of the United States or of the State of New York, and time of employment in the construction or manufacture of equipment or supplies for such forces, shall not be considered."

Resolved, That, subject to the approval of the Governor, Civil Service Rule XVI, be and hereby is amended by striking out subdivision 4, reading as follows:

"4. Any person holding a position in the Competitive Class may be granted leave of absence without pay for not more than an aggregate of six months in any twelve months. Absence on leave for more than an aggregate of six months in any twelve months shall be deemed to be a separation from the service. A person who resigns or is separated from the service without delinquency or misconduct while on leave of absence or within a month after the termination of any leave of absence, or who for any reason does not resume the performance of his duties after an aggregate of six months leave of absence in any twelve months, shall not be eligible for reinstatement except within a period, after such resignation, removal or failure to resume duties, to be determined by subtracting from twelve months the aggregate time of his absence on leave within the previous twelve months. A person who is or has been on leave of absence will not be eligible to compete for or to receive promotion, unless otherwise ordered by the Commission, until he has resumed the performance of his duties for a period equivalent

to the aggregate time of his absence on leave during the twelve months prior to such competition or promotion."

(Adopted April 12, 1917. Approved by the Governor, April 19, 1917.)

Rule XXII, Subdivision 7

Resolved, That, subject to the approval of the Governor, Civil Service Rule XXII subdivision 7, be amended to read as follows:

"7. When legal proceedings have been instituted against the State Commission attacking the classification of any position in the Competitive Class, and after a decision has been rendered in the lower courts adverse to the State Commission on the merits, or when the Commission has determined by unanimous vote that a reasonable doubt exists as to the correctness of its classification of such position, it may, in its discretion, pending the settlement or final determination of such legal proceedings, direct the certification of the payrolls of any person who has been appointed to such position, without regard to the existing classification, but such certification shall be without prejudice to the classification and temporary only. In all such cases, the Secretary shall attach to such payrolls, in addition to the usual certificate, the following: This certificate is attached by special direction of the Commission, pursuant to the provisions of Rule XXII, subdivision 7, and without prejudice to the right of the Commission to withhold same in the event of the favorable settlement or final determination of litigation now pending, involving the correctness of its classification.”” (Adopted March 27, 1917. Approved by the Governor, April 11, 1917.)

Rule XXIV

Resolved, That, subject to the approval of the Governor, Civil Service Rule XXIV, be and hereby is amended by adding thereto the words:

"In pursuance of the foregoing provision, these rules have been extended to the position of county or visiting nurse appointed in accordance with chapter 469 of the Laws of 1917.”

(Adopted September 28, 1917. Approved by the Governor, October 25, 1917.)

Resolved, That, subject to the approval of the Governor, Civil Service Rule XXIV, fourth paragraph, be and hereby is amended by adding thereto the words, “to the offices, places and employments in the Civil Service of the Village of Ilion, to take effect when approved by the Governor," so that the paragraph shall read as follows:

"In pursuance of the foregoing provision these rules have been further extended to the offices, places and employments in the Civil Service of the Villages of Ossining, Peekskill and Port Chester to take effect from and after March 31, 1910; to the offices, places and employments in the Civil Service of the Village of Ilion, to take effect when approved by the Governor."

(Adopted December 21, 1916. Approved by the Governor, February 27, 1917.)

AMENDMENTS TO STATE CIVIL SERVICE CLASSI

FICATION

Institution for Feeble Minded Children, Syracuse

Resolved, That, subject to the approval of the Governor, the classification of positions in the Non-Competitive Class in the Institution for Feeble Minded Children at Syracuse, be and hereby is amended by adding thereto the words, "attendant teacher, compensation not to exceed $30 per month and maintenance," competitive examination for said position having been found to be not practicable.

(Adopted December 21, 1916. Approved by the Governor, January 3, 1917.)

Attorney-General

Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class in the office of the Attorney-General be and hereby is amended by striking out the words, twenty-six deputies, and substituting in lieu thereof the words, "twenty-seven deputies," competitive or non-competitive examination for said position having been found to be not practicable.

(Adopted January 11, 1917. Approved by the Governor, January 15, 1917.)

Health Officer, Port of New York

Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class in the office of the Health Officer, Port of New York, be and hereby is amended by striking out the words "three firemen, Hoffman's Island" and substituting in lieu thereof the words "four firemen, Hoffman's Island," competitive or non-competitive examination for said position having been found to be not practicable.

(Adopted January 11, 1917. Approved by the Governor, January 15, 1917.)

Military Training Commission

Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class, departmental service, be and hereby is amended by adding thereto the following: "In the office of the Military Training Commission: The secretary," competitive or non-competitive examination for said position having been found to be not practicable.

(Adopted January 26, 1917. Approved by the Governor, January 30, 1917.)

Court House and Annex, Rensselaer County

Resolved, That, subject to the approval of the Governor, the classification of positions in the Non-Competitive Class be and hereby is amended by adding thereto the following: "In the Court House and Annex, Rensselaer County:

One attendant at the Supreme Court chambers, compensation not to exceed $25 per month, competitive examination for said position having been found to be not practicable."

(Adopted February 2, 1917. Approved by the Governor, February 8, 1917.)

Village of Ilion

Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class as enumerated in Civil Service Rule V, be and hereby is amended by adding thereto the following, under the subdivision of village service: "Ilion: Engineer (per diem compensation); attorney; treasurer; registrar of vital statistics, (fees); auto driver, fire department, $10 a month," competitive or noncompetitive examination for these positions having been found to be not practicable.

Resolved, That, subject to the approval of the Governor, the classification of positions in the Non-Competitive Class, as enumerated in Civil Service Rule XVIII, be and hereby is amended by adding thereto the following under the heading of Village Service: "In the Village of Ilion: Chauffeur, Board of Light Commissioners," competitive examination for said position having been found to be not practicable.

(Adopted December 21, 1916. Approved by the Governor, February 27, 1917.)

Supreme Court, Kings County

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Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class in the Supreme Court, Kings county, be and hereby is amended by adding thereto the words, one consultation and opinion clerk," competitive or non-competitive examination for said position having been found to be not practicable.

(Adopted February 28, 1917. Approved by the Governor, March 15, 1917.)

Surrogates, New York County

Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class in the office of the Surrogates, New York county, be and hereby is amended by adding thereto the words, "two confidential attendants to the surrogates," competitive or non-competitive examination for said positions having been found to be not practicable.

(Adopted March 27, 1917. Approved by the Governor, April 2, 1917.)

Attorney-General

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Resolved, That, subject to the approval of the Governor, the classification of positions in the Exempt Class in the office of the Attorney-General, be and hereby is amended by striking out the words, twenty-seven deputies," and substituting in lieu thereof the words, "twenty-eight deputies," competitive or non-competitive examination for said additional position being deemed to be not practicable.

(Adopted March 14, 1917. Approved by the Governor, April 11, 1917.)

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