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REGULATION XXXVI.

Every officer under whom any person shall serve during any part of the probation provided for by these regulations shall carefully observe the quality and value of the service rendered by such person and shall report to the appointing officer, in writing, the facts observed by him, showing the character and qualifications of such person and of the services performed by him, and such reports shall be preserved on file.

PROMOTION.

REGULATION XXXVII.

Promotions from the lower grades to the higher shall be on the basis of merit and competition.

REGULATION XXXVIII.

Except as herein otherwise provided the positions in the various schedules shall be filled, when vacant, by the promotion of those in the service in lower grades in the department, office or institution in which the vacancy or vacancies may occur. Promotions shall be made, subject to the provisions of these regulations, by the officer or officers having the power of appointment. If in the judgment of such officer or officers, there be none found in the lower grades fit to perform the duties in such vacant positions, in that case, and in no other, the positions may be filled in the manner prescribed by these regulations for filling the positions in the lowest grade of the same subdivision and class.

REGULATION XXXIX.

Promotions shall, in all cases, be based upon the positive merit of the person promoted and upon his superior qualification as shown by his previous service.

No person in the service who has not passed an examination under these regulations or under those heretofore prescribed, shall be promoted or transferred to any position for which examination is required without passing an examination under the regulations of the same character as would an applicant for appointment to that position in the service.

No person shall be examined for promotion or transfer from any position in Schedule G to any position classified, as subject to competitive examination, unless such person shall have served the city with credit to himself, for a period of three years in the department in which he is employed, and then only when the promotion or transfer is in the direct line of duty; and the person named shall have passed an examination as provided for in original appointment or promotion.

Fitness for promotion shall be determined by the actual work of the persons named therefor, by the certificates and records hereinafter mentioned and such other information as may be required by, or furnished to, the examining body and by examination.

Promotions shall be made by successive grades. In case of a vacancy in any position, it shall be filled by a selection from the next inferior grade subject to any rule of the department as to length of previous service therein. It shall be the duty of the department in which a vacancy occurs to notify all persons having had the requisite term of service in the next inferior grade, and so on until all the inferior grades are exhausted, if necessary, that there will be a competitive examination for promotion.

It shall be the duty of the officer or officers constituting the appointing power in the department in which a vacancy exists to make and forward to the Civil Service Commission their joint or several certificates as to the efficiency, character and conduct of every person in such inferior grade, who desires to become an applicant for such promotion, together with such other statements bearing upon the fitness of such person or persons for promotion as the officer so certifying shall deem proper.

Such certificate shall be accompanied by a like certificate of the immediate official superior of the person to be examined, and a copy of the record of said person in the department to which he belongs. The examining body shall have the right to call upon the appointing power for further information upon any of the matters before them, and shall duly consider all communications that may be received by them in relation to the fitness of any candidate.

The mayor, in any case in which he shall consider it proper so to do, may direct any examination for promotion to be held by the Commission instead of by the examining board. In such cases the Commission shall have power to employ experts and special examiners to aid them in conducting such examinations. The appointing power shall determine, by general regulation, who are the immediate official superiors of the officers in each grade in the department.

REGULATION XL.

No recommendation of any person for promotion shall be entertained except in pursuance of the foregoing regulation, and the presentation of any recommendation other than those hereinbefore provided for will be considered an unwarrantable interference with the public service, and the person so recommended may be required to show, before being certified for promotion, that such recommendation was not made by his request or with his connivance.

REGULATION XLI.

Examiners of persons named for promotion shall personally question them concerning their office work and its purposes, in order to ascertain if they have a general and intelligent knowledge of the business in the department in which they are employed, and may require the persons examined to give a written description of the work done by them and its relation to the duties of others.

TRANSFER.

REGULATION XLII.

No transfer from one position in the civil service of the city to a position in said service classified in Schedules B, C, D, E or F shall be allowed without an open competitive examination, unless the person to be transferred shall previously have passed an open competitive examination equivalent to that required for the position to which he is to be transferred, or unless he shall

have served the city with fidelity for at least five years in a similar position.

Upon the written request of an appointing officer stating the essential facts in regard to any proposed transfer, the Commission will, if such transfer be in accordance with law and the provisions of these rules, issue its certificate of that fact to such officer.

All transfers herein authorized shall be made only after the issuance of such certificate.

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No one dismissed from the service for misconduct shall be eligible to appointment in any capacity in any department of the municipal service within three years.

REGULATION XLIV.

Subject only to the qualifications required to be ascertained in accordance with these regulations, the power of appointment and the responsibility of selection are in all cases in the appointing officer. The power of any officer to remove is not impaired by anything contained in these regulations; provided, however, that no removal shall be made from any position subject to competitive examination, until the person holding such position has been informed of the cause of the proposed removal, and has been allowed an opportunity of making an explanation, and in every case of a removal, the true grounds thereof shall be forthwith entered upon the records of the Department, and a copy thereof shall be transmitted to the New York City Civil Service Commission.

REINSTATEMENT.

REGULATION XLV.

Any person employed in any position in the service of the city who shall be certified to the secretary by the proper authorities to have left such service without fault or delinquency on his

part, and to have performed the duties of such employment creditably, may be re-employed in the same position within one year next following his leaving the service. If such employment was, after due certification for the same, under these rules, such person may be re-employed without further examination. If it was not subject to these rules such person may be re-employed upon passing an examination pursuant to these rules. If several persons are so certified they shall be placed on a separate eligible list pursuant to these rules.

REGULATION XLVI.

No person in the public service is under any obligation to contribute to any political fund, or to render any political service, and no person shall be removed or otherwise prejudiced for refus ing to do so.

REGULATION XLVII.

No removals or reductions shall be made because of the political or religious opinions or affiliations of any person in the public service.

No person in said service shall use his official authority or influence to coerce the political action of any person or body; or shall dismiss or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any person in such service because of his political or religious opinions or affiliations.

1 SCHEDULE B.

Clerical Positions.

REGULATION XLVIII.

The general examination for admission to positions in Schedule

B shall be in writing and on the following subjects:

Obligatory:

1. Handwriting.

2. Writing from dictation.

3. English spelling.

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