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APPENDIX J

THE CIVIL SERVICE LAW, RULES, CLASSIFICATION AND REGULATIONS, AMENDED TO JANUARY 1, 1910

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THE CIVIL SERVICE LAW

CHAPTER 15, LAWS OF 1909.

AN ACT in relation to the civil service of the state of New York and the civil divisions and cities thereof, constituting chapter seven of the consolidated laws.

CHAPTER SEVEN OF THE CONSOLIDATED LAWS.

CIVIL SERVICE LAW.

ARTICLE 1. Short title; definitions (§§ 1, 2).

2. General provisions (§§ 3-28).

3. Classification of state employees (§§ 40-45).

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§ 1. Short title. This chapter shall be known as the "Civil Service Law."

§ 2. Definitions.- When used in this chapter,

1. The term "commission " or "state commission " service commission.

means the state civil

2. The term "municipal commission " means the municipal civil service commission of a city.

3. The "civil service" of the state of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division or city, except such offices and positions in the militia and the military departments as are or may be created under the provisions of article eleven of the constitution.

4. The "state service" shall include all such offices and positions in the service of the state or of any of its civil divisions except a city.

5. The "city service" shall include such positions in the service of any city. 6. The term " appointing officer" signifies the officer, commission, board or body having the power of appointment to subordinate positions in any office, court, department, commission, board or institution.

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11.

12.

The classified city service.

Classification.

13. The exempt class.

14. The competitive class.

15. Exceptions from competitive examination.

16. Promotion; transfer; reinstatement; reduction.

17. The non-competitive class.

The labor class in cities.

18.

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23. Compensation of veterans reinstated by order of the courts.

24. Misdemeanor to obstruct right of examination; false representation; impersonation in examination.

25. Recommendations for appointment or promotion.

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27. Officers or candidates not to promise influence; "public officer" and "public employee" defined.

28. Taxpayer's action.

§ 3. State civil service commission.- The governor is authorized to appoint, by and with the advice and consent of the senate, three persons, not more than two of whom shall be adherents of the same political party, as civil service commissioners, and said three commissioners shall constitute the state civil service commission. They shall hold no other official place under the state of New York. The governor may remove any commissioner, and any vacancy in the position of commissioner shall be so filled by the governor, by and with the advice and consent of the senate, as to conform to said conditions for the first selection of commissioners. The three commissioners shall each receive a salary of three thousand dollars a year, and each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner.

§ 4. Officers and employees of the commission. The commission may elect one of its members to be president, and may employ a chief examiner, a secretary and such other officers, clerks and examiners as it may deem

necessary or proper to carry out the purposes of this chapter, and such employees shall hold office during the pleasure of the commission. The chief examiner shall be entitled to receive a salary at the rate of three thousand six hundred dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The secretary, and other officers, clerks and examiners shall receive salaries to be fixed by the commission, and the secretary shall also be paid his necessary traveling expenses incurred in the discharge of his duty. The commission may select suitable persons in the official service of the state or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as examiners under its direction. Persons so selected shall be entitled to compensation from the commission for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in the case of special and expert examiners employed in the preparation of questions and rating of candidates; the commission shall not expend or authorize the expenditure of moneys for any purpose in excess of the sums appropriated therefor by law.

§ 5. Rooms and accommodations. It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated and lighted, at the capitol in the city of Albany, for carrying on the work and examinations of said commission, and said commission may order the necessary stationery, postage stamps, and official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the duty of the officers of the state of New York or of any civil division thereof, at any place where examinations are directed by the commission or its rules to be held, to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same.

§ 6. The powers and duties of the commssion. The state civil service commission shall

1. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this chapter and of section nine of article five of the constitution of the state of New York, as herein provided. The rules prescribed by the state and municipal commissions pursuant to the provisions of this chapter shall have the force and effect of law.

2. Keep minutes of its own proceedings and records of its examinations and other official action.

3. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this 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.

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