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or noncompetitive examination is found to be impracticable for filling such positions.

(Adopted September 30, 1909. Approved by the Governor October 8, 1909.)

Fiscal Supervisor of State Charities

Resolved, That, subject to the approval of the Governor, the classification of positions in the exempt class in the office of the Fiscal Supervisor of State Charities, be and hereby is amended by striking out the words "one confidental inspector," thus transferring said position to the competitive class, for the reason that competitive examination for filling said position is now deemed practicable.

(Adopted October 15, 1909. October 21, 1909.)

Approved by the Governor

Public Service Commission, Second District

Whereas, The Commission is advised by the Public Service Commission for the Second District that two positions of assistant counsel, that of secretary to the counsel, and that of confidential stenographer to the counsel are vacant and it is unlikely that any appointments to said positions will be made; therefore be it

Resolved, That, subject to the approval of the Governor, the classification of positions in the exempt class in the office of the Public Service Commission for the Second District be amended by striking out the words: "three assistant counsel; secretary to the counsel; confidential stenographer to the counsel;" and inserting in lieu thereof the words "one assistant counsel."

(Adopted December 2, 1909. Approved by the Governor December 3, 1909.)

Comptroller

Resolved, That, subject to the approval of the Governor, the classification of positions in the exempt class in the office of the Comptroller be amended by striking out the words "twenty-two transfer tax appraisers," competitive examination now being deemed practicable for filling these positions.

(Adopted December 2, 1909. Approved by the Governor December 3, 1909.)

Local Health Officers

Whereas, Pursuant to the decision of the court in the case of Towne v. Porter, 128 App. Div. 717, and section 20 of the Public Health Law, as amended by chapter 165, Laws of 1909, village and town health officers are no longer subject to the provisions of the Civil Service Rules; therefore be it

Resolved, That, subject to the approval of the Governor, the classification of positions in the exempt class in the State service be amended by striking out the following:

"Local health officers whose compensation does not exceed three hundred dollars per annum, exclusive of extra compensation under the provisions of the public health law for extraordinary service in cases of epidemic or emergency to be approved by the state civil service commission, provided that persons appointed shall be practicing physicians of not less than two years' reputable standing and whose nomination or selection is approved by the state commissioner of health and so certified to the commission."

(Adopted December 2, 1909. Approved by the Governor December 3, 1909.)

State School for Blind, Batavia

Resolved, That, subject to the approval of the Governor, the classification of positions in the noncompetitive class in the State School for the Blind at Batavia, be amended by adding thereto the word usher," for the reason that competitive examination is deemed impracticable for said position.

(Adopted December 2, 1902. Approved by the Governor December 7, 1909.)

Soldiers' and Sailors' Home, Bath

Resolved, That, subject to the approval of the Governor, the classification of positions in the noncompetitive class in the Soldiers' and Sailors' Home at Bath, be amended by striking therefrom the position of "superintendent of mess hall and kitchen," thus transferring said position to the competitive class. (Adopted December 10, 1909. Approved by the Governor December 15, 1909.)

REQUESTS FOR CHANGES IN THE STATE CIVIL SERVICE RULES AND CLASSIFICATION DENIED

Superintendent Monroe County Penitentiary

Resolved, That the application of the Superintendent of the Monroe County Penitentiary, under date of January 16, 1909, for the classification in the exempt class of the position of private secretary, be and hereby is denied.

(Adopted January 21, 1909.)

State Engineer and Surveyor

Resolved, That the application of the State Engineer, dated January 12, 1909, that Civil Service Rule XVI, subdivision 3, be so amended that its provisions will not apply to the State Engineer's department, be and hereby is denied.

(Adopted January 21, 1909.)

Sheriff, New York County

The communication of Sheriff Foley, New York county, dated December 8, 1908, requesting that the position of telephone operator in his office be classified in the noncompetitive class, was again considered. On motion the application was denied. (February 11, 1909.)

District Attorney, New York County

The communication of District Attorney Jerome, dated December 23, 1908, requesting classification in either the exempt or the noncompetitive class of two positions of telephone operator, was again submitted. The district attorney appeared in support of his application. On motion the application was denied. (February 11, 1909.)

Fire Island State Park Commission

A communication from the Fire Island State Park Commission, dated January 28, 1909, was read, requesting classification in the

exempt class of the position of superintendent. Secretary Smith of said commission was present and spoke in favor of the application. On motion the following resolution was adopted:

Resolved, That the application of the Fire Island State Park Commission for the classification in the exempt class of the position of Superintendent of Fire Island State Park, be and hereby is denied, and the Secretary be directed to advise said commission, that upon request, an open competitive examination for the position in question will be called, and pending the result of said examination, a person may be nominated for provisional examination, under Rule VIII, subdivision 4.

(February 11, 1909.)

District Attorney, Queens County

Resolved, That the application of the District Attorney of Queens county, under date of February 4, 1909, for classification. in the exempt class of the position of stenographer and indictment clerk be and hereby is denied.

(Adopted March 19, 1909.)

State Commission of Highways

Resolved, That the application of the State Commission of Highways under date of March 6, 1909, for the classification in the exempt class of the position of "chief clerk for the bureau of supplies" be and hereby is denied.

(Adopted March 19,1909.)

Superintendent of Monroe County Penitentiary

President Milliken, to whom had been referred the application of Superintendent Craig, Monroe County Penitentiary, dated March 15, 1909, for a reconsideration of the Commission's recent action denying the superintendent's application for classification in the exempt class of the position of secretary, reported and recommended that the application be denied. On motion the report was received and the recommendation adopted.

(April 1, 1909.)

State Custodial Asylum, Newark

The communication of March 9, 1909, from Superintendent Winspear, State Custodial Asylum, Newark, requesting that the position of night watchman in said institution be classified in the noncompetitive class, was again presented, together with a communication from the superintendent under date of March 30th, reporting upon certification from the eligible list of watchmen. It appearing that persons upon said list, one of them a veteran, are willing to accept the position of night watchman at the Newark Custodial Asylum, the application of the superintendent for noncompetitive classification of said position was, on motion, denied. (April 1, 1909.)

State Custodial Asylum, Rome

A communication from Superintendent Bernstein, Rome State Custodial Asylum, dated April 16, 1909, applying for classification in the noncompetitive class of the position of sewing instructor, was considered. On motion the application was denied, and the Secretary directed to inform the superintendent that the Commission will hold a special competitive examination for the position in case he is unable to make an appointment from the present eligible list.

(April 29, 1909.)

State Custodial Asylum, Rome

Resolved, That the application of the Superintendent of the Rome State Custodial Asylum under date of March 23, 1909, for classification in the noncompetitive class of the position of assistant physician be and hereby is denied.

(Adopted May 13, 1909.)

Education Department

Communication from Commissioner of Education Draper requesting an amendment to the regulation classifying in the labor class the position of attendant and shipper in the Department of Education, so as to permit an increase in the salary of the employee from $60 to $80 per month, was read. On motion the application was denied.

(May 27, 1909.)

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