permanent appointment, but if his conduct, capacity or fitness be not satisfactory he may be discharged at the end of such term, without regard to the provisions of rule XXX, limiting the power of removal. 2. Whenever two or more persons appointed from the same eligible list are serving as probationers in the same department, and there is necessity for a reduction of the force of such department affecting such persons, they shall be preferred for retention in the order of their original standing upon such list. RULE XXV Promotions 1. Whenever a vacancy occurs in any position in the competitive class above the lowest grade in any group, the Commission shall forthwith arrange to hold a promotion examination limited to those persons who have for more than one year served with fidelity in the next lower grade in such group in the same office, department or institution, provided, that if there are no persons who have served with fidelity for one year in the next lower grade, or provided all persons in the next lower grade fail in any promotion examination, then all persons in the second lower grade who have served with fidelity for one year in the same office, department or institution shall have the right to compete in said promotion examination. On the request of the appointing officer the Commission will permit persons occupying two or more of the next lower grades to compete for the promotion, reasons for such course being set forth in detail. But in case the duties of the position in which there is a vacancy do not require,. in the opinion of the Commission, qualifications essentially different from those required for the subordinate positions held by those who have the right to compete in the promotion examination, and in case, in the opinion of the Commission, it is unnecessary to determine the qualifications of persons to fill the vacancy by an examination involving essentially different tests, then in such case the Commission may determine that no promotion examination is necessary and that the person, if any, who by the records kept by the appointing officer appears to have the highest rating for efficiency, punctuality, attention and general good conduct in the discharge of his duties in the subordinate position, shall be promoted to fill such vacancy, provided he is the only candidate for the position. 2. As provided by the Civil Service Law an increase in the salary or other compensation of any person holding an office or position within the scope of these rules beyond the limit fixed for the grade in which such office or position is classified, shall be deemed a promotion. 3. For the purpose of orderly arrangement and of regulated promotion, the positions in each group shall be divided into grades based upon the rate of annual compensation, which are fixed as follows: Grade One. All positions the compensation of which is at the rate of not more than $600 per annum. Grade Two: All positions the compensation of which is at the rate of more than $600, but not more than $900 per annum. Grade Three: All positions the compensation of which is at the rate of more than $900, but not more than $1,200 per annum. Grade Four: All positions the compensation of which is at the rate of more than $1,200, but not more than $1,500 per annum. Grade Five: All positions the compensation of which is at the rate of more than $1,500 per annum. 4. No promotion can be made from a position in one class to a position in another class, unless the same be specially authorized by the Commission, but a person employed in any position shall not, because of such appointment be barred from the open competitive examination provided for original entrance to any other position. 5. The test of actual service being the main factor in fitness for promotion, there shall be kept in every office continuous and comparative records of the efficiency, punctuality, attention and general good conduct of all persons employed therein. Such records shall at all times be open to inspection by the Municipal Commission, and if the same have been regularly and properly kept they shall constitute one of the elements in such promotion, examination, with such relative weight as shall be assigned to them by the Commission. If such records have not been reg ularly and properly kept, the Commission shall prescribe such tests as may seem best calculated to determine the relative merit and fitness of the persons entitled to enter the promotion examination. 6. The appointing officer shall notify the Commission of any vacancy in a position in his office to be filled by promotion, and thereupon, after consultation with the appointing officer the Commission shall direct a competitive examination of those entitled to enter the same under the provisions of this rule, and shall publish the same by notice, giving date and place, posted conspicuously in the office where such vacancy exists, and sent by mail to those eligible to such examination. 7. After consultation with the appointing officer under whom the vacancy exists, the Commission may appoint an examiner. The written part of the examination shall be confined to the duties of the office in which the vacancy occurs, and particularly to the duties of the positions to be filled. Due weights will be given to the candidates' seniority and past record in the office, and to any special fitness for the duties of the higher position. 8. The conduct of such examination and the preparation of the eligible list shall be subject to the general provisions of rules X, XI, and XIII. 9. No recommendation of any person for promotion, whether verbal or written, shall be entertained or received, unless made in the ordinary course of duty by his immediate official superiors, and the presentation of any recommendation other than that of such superiors shall 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 connivance. RULE XXVI Transfers-Reinstatements 1. Transfers of clerks and others included in the competitive class may be made from one office or department to a similar position in another, by the mutual consent of the heads of such offices or departments; every such transfer must be reported to the Commission for record, within five days from the date thereof. 2. Any person who has held a position by appointment under the Civil Service Rules, and who has been separated from the service through no delinquency or misconduct on his part, may be reinstated without reexamination in the same or a similar position in the same office and grade, within one year from the date of such separation, provided that for original entrance to the position proposed to be filled by reinstatement there is not required by these rules, in the opinion of the Municipal 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. 3. Whenever in any department or institution an office or position is abolished, or whenever the number of positions of a certain character is reduced, or whenever by reason of a lack of appropriation or otherwise it becomes necessary to discharge or suspend one or more of several persons holding the same position, veterans of the Civil War, veterans of the volunteer army or navy of the United States in the Spanish War, and exempt volunteer firemen shall be entitled to preference in retention in such posi tions over other persons. 4. Persons legally holding such positions at the time of such reduction or discharge shall be entitled to reappointment or reinstatement in the same position or positions if they are thereafter, within one year, reestablished under the same or any other designation. The names of such persons shall be entered upon lists of suspended employees and shall remain thereon for a period of one year, and upon notice of a vacancy in the same or a similar position in any department, names from such list of suspended employees shall be certified to the appointing officer in preference to names from the eligible lists. Preference in certification from such lists of suspended employees shall be given in the following order: First. Veterans of the Civil War in the order of their separation from the service. Second. Veterans of the Spanish War and exempt volunteer firemen in the order of their separation from the service. Third. Other persons in the order of their separation from the service. Persons specified in the first and second classes above mentioned shall be entitled to certification for positions to which they are eligible in any department or institution, but persons specified in the third class shall be entitled to certification only to the department from which they were discharged. 5. Upon the written request of an appointing officer stating the essential facts in regard to any proposed transfer or reinstatement, the Commission will, if such transfer or reinstatement be in accordance with law and the provisions of these rules, issue its certificate of that fact to such officer. 6. All transfers herein authorized shall be made only after the issuance of such certificate. RULE XXVII Political Services or Contributions not Required No person in the public service is, for that reason, under any obligation to contribute to any political fund or purpose, or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. Honorably discharged soldiers, sailors and marines from the army or navy of the United States in the late Civil War, who are citizens and residents of the city of Middletown, shall be entitled to preference in appointment and promotion without |