Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effect of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act; and, in the course of such investigations, each commissioner and their secretary shall have power to administer oaths.

Fifth. Said commission shall make an annual report to the Governor for transmission to the Legislature, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestion it may approve for the more effectual accomplishment of the purposes of this act.

* § 3. Said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards so far as practicable, whether at Albany or elsewhere, and to secure accuracy, uniformity and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of $3,600 a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The commission is authorized to employ a secretary, who may be one of its own number, who shall receive a compensation of $1,000 per annum, and who shall also be paid his necessary traveling expenses incurred in the discharge of his duty, and also a person to act as stenographer and copyist, who shall be entitled to receive a compensation of $1,000 a year, or in its discretion may from time to time employ stenographers and copyists at an expense not to exceed in the aggregate the sum of $1,000 a year. The commission may appoint a messenger, to act also as clerk, at a salary not exceeding $900 a year, and may dismiss him at pleasure. The commission may, at Albany, and in any other part of the State where examinations are to take place, designate and select a suitable number of persons in the official service of the State of New York, after consulting the head of the department or office in which such person serves, or, in its discretion persons not in the official service, to be members of boards of examiners, and may at any time substitute any other person in or out of such service in place of any one so selected. Any person not at the time in the official service of the State, or of any political division thereof, serving as a member of the board of examiners, shall be entitled to compensation for every day actually and necessarily spent in the discharge of his duty as exam

* As amended by section 1 of chapter 357, passed May 24, 1884.

iner at the rate of five dollars a day; but the aggregate compensation of any such examiner shall not exceed $100 in any year. It shall be the duty of the officers of the State of New York, or of any political division thereof, at any place outside of the city of Albany where examinations are directed by said rules or by said board to be held to allow the reasonable use of the public buildings, and to light and heat the same for holding such examinations, and in all proper ways to facilitate the same.

* § 4. It shall be the duty of the trustees of public buildings, designated by chapter 349 of the Laws of 1883, to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated and lighted at the city of Albany for carrying on the work of said commission and said examinations, and said commission may order the necessary stationery, postage stamps, an official seal and other articles to be supplied, and the necessary printing to be done for its official use. And the cost and expense thereof, and the several salaries, compensations and necessary expenses of the commmission, upon the same being stated in detail and verified by affidavit as the Comptroller may direct, shall be paid monthly from any money in the treasury not otherwise appropriated.

§ 5. Any commissioner, examiner, copyist, or messenger herein mentioned, or any other person who shall willfully and corruptly, by himself or in coöperation with one or more persons, defeat, deceive or obstruct any person in respect of his or her right of examination according to any rules or regulations prescribed pursuant to the provisions of this act, or who shall willfully, corruptly and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined pursuant to the provisions of this act, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same, or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, shall for each offense be deemed guilty of a misdemeanor.

§ 6. Within four months after the expiration of the present session of the Legislature, it shall be the duty of the Governor to cause to be arranged in classes the several clerks and persons employed, or being in the public service, for the purposes of the examination herein pro

*

As amended by section 2 of chapter 357, passed May 24, 1884.

† As amended by section 1 of chapter 410, passed May 29, 1884. [Assembly No. 63.]

10

vided for, and he shall include in one or more of such classes, so far as practicable, all subordinate places, clerks and officers in the public service of the State.

§ 7. After the termination of eight months from the expiration of the present session of the Legislature, no officer or clerk shall be appointed, and no person shall be admitted to or be promoted in either of the said classes now existing, or that may be arranged. hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. No elective officer, and no person merely employed as a laborer or workman, shall be required to be classified hereunder; nor unless by the direction of the Senate, shall any person who has been nominated for confirmation by the Senate, be required to be classified or to pass an examination.

* § 8. The mayor of each city in this State is authorized and is hereby directed to prescribe such regulations for the admission of persons into the civil service of such city as may best promote the efficiency thereof and ascertain the fitness of candidates in respect to character, knowledge and ability for the branch of the service into which they seek to enter, and for this purpose he shall from time to time employ suitable persons to conduct such inquiries and make examinations, and shall prescribe their duties and establish regulations for the conduct of persons who may receive appointment in the said service. And the regulations so to be prescribed shall, among other things, provide and declare as in the second subdivision of the second section of this act is provided and declared in reference to regulations for admission to the civil service of the State. Within two months after the passage of this act, it shall be the duty of each of said mayors in and by such regulations to cause to be arranged in classes the several clerks and persons employed or being in the public service of the city of which he is mayor, and he shall include in one or more of such classes, so far as practicable for the purposes of the examination herein provided for, all subordinate clerks and officers in the public service of the said city to whom his power under this act extends. After the termination of three months from the passage of this act no officer or clerk shall be appointed, and no person shall be admitted to or be promoted in either of the said classes now existing or that may be arranged hereunder pursuant to said rules, until he has passed the examination, or is shown to be exempted from such examination, in conformity with such regula

*

As amended by section 2 of chapter 410, passed May 29, 1884.

tions. Such regulations hereinafter prescribed and established, and any subsequent modification thereof, shall take effect upon the approval of the New York Civil Service Commission. Officers elected by the people, and the subordinates of any such officer for whose errors or violation of duty said officer is financially responsible, and the head or heads of any department of the city government, and persons employed in or who seek to enter the public service under the educational departments of any city, and any subordinate officer who, by virtue of his office, has personal custody of public moneys or public securities, for the safe-keeping of which the head of an office is under official bonds, shall not be subject to the regulations prescribed pursuant to this section, nor shall any regulations contravene an existing statute relating to entrance to said service. It shall be the duty of all those in the official service of any such city to conform to and comply with any regulations made pursuant to this act, and to aid and facilitate in all reasonable and proper ways the enforcement of all regulations and the holding of all examinations which may be required under the authority conferred by this section. But 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 he serves. And all examinations herein authorized shall be public, and all regulations 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 commission and its agents; and said commission shall set forth in its reports 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 regulations made under the authority hereby conferred.*

§ 9. No recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or Member of Assembly, or officer confirmed by the Senate, or judge of any court, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act.

(§ 10. Repealed by § 7 of chap. 357, passed May 29, 1884).

t§ 11. No officer, agent, clerk or employé under the government of the State of New York or any political division thereof shall, directly

*See section 3 of chapter 410, passed May 29, 1884.

+As amended by section 3 of chapter 357, passed May 24, 1884.

or indirectly, use his authority or official influence to compel or induce any other officer, clerk, agent or employé under said government, or any political division thereof, to pay or promise to pay any political assessment. Every said officer, agent or clerk, who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division thereof, is hereby authorized to prohibit the entry of any person, and he shall not consent that any person enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment; and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting, nor shall any person therein give notice of, demand, collect or receive any such assessment; and no person shall prepare or make out, or take any part in preparing or making out, any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected of any officer, agent or employé subject to the provisions of this act, under the government of the State of New York, or that of any political division thereof, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment of any said officer, agent or employé.

* § 12. Any person who shall be guilty of violating any provision of the last section shall be deemed guilty of misdemeanor, and shall, on conviction thereof, be punished by a fine not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

§ 13. No recommendation or question under the authority of this act shall relate to the political opinions or affiliations of any person whatever.

§ 14. Whoever while holding any public office, or in nomination for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated), in the way of conferring upon any person, or in order to secure or aid any person in securing any office of public employment, or any nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last-named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt

* As amended by section 4 of chapter 357, passed May 24, 1884.