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Nine persons only competed in the three examinations held during the year. Commission can state no reason for the small number of competitors. Notices of examinations are posted on bulletin board at corporation hall and in other public places at least five days before the examinations are to be held. Exam. inations are prepared and rated by the commissioners. Applications, examination answer papers of candidates, ratings and eligible lists are preserved and open for public inspection.

All laborers registered were employed at various times, none of them being appointed to permanent positions. Report states that provisions of the law regarding registration of laborers and employments from the registration list are strictly complied with; also the provisions giving preference to veterans.,

One death in the exempt class and two resignations in the competitive class are reported. No transfers, no promotions, no appeals from ratings, no exceptions from examination. Pay rolls and accounts for services are reviewed and certified by the secretary, and the provisions of the law regarding certification of pay rolls is strictly complied with by the commission and the disbursing officer of the city. No employees are paid without the commission's certificate.

The roster kept by the commission shows names, dates of appointment, titles of positions and salaries of city employees, and it considers the same, with its other records, sufficiently complete to make it possible to establish the legality of the appointment of all persons in the classified service.

Yonkers The commission consists of four members, appointed December 15, 1903, viz.: Louis F. A. Page (president), engineer; Theodore E. Terrell, lawyer; Robert H. Neville, liveryman; Francis G. Gertenbach, inspector. Each commissioner receives an annual salary of $150. Commissioner Gertenbach is secretary and receives an additional salary of $350.

“Notice is given five days before examinations by mail, and ten days in daily press, two insertions in each, and notice on bulletin boards of the commission. Papers are prepared by committee of commissioners appointed by the president; rated by full board on same night examination is held. All papers are held and open for public inspection.”

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A provisional examination for position of clerk was held. Subsequently an open competitive examination was held and an eligible list establish. Registrations in the labor class are made under titles of driver, teamster, caulker, boatman, rockman, watchman, gardener and laborer. Provisions of law regarding registration and employment of laborers strictly complied with. There have been no appeals from ratings; no exceptions from examination under section 14, paragraph 2, of the civil service

- law.

The promotion of a roundsman to the position of sergeant and that of a patrolman to position of roundsman, police department, are reported.'

Appointing officers have complied with the provisions of the law giving preference to veterans. The provisions of the law concerning certification of pay rolls and accounts for services have been strictly complied with by fiscal or disbursing officers of the city and the commission. Pay rolls are reviewed and certified by the secretary of the commission. There are no employees in departments or divisions of the public service who are paid without the commission's certificate on their pay rolls.

Roster and other records of the commission are stated to be sufficiently complete to make it possible to establish the legality of the appointment of all persons in the classified service.

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1 DIGEST OF COURT DECISIONS RELATING TO CIVIL SERVICE LAW

2 OPINIONS OF ATTORNEY-GENERAL

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Digest of Court Decisions relating to Civil Service Law

OFFICER-RECOVERY OF SALARY Where a de facto officer of a city has performed the duties of the office and has received the salary attached thereto, the city cannot be required to again pay such salary to a person who is subsequently adjudged to be the de jure officer and a statute attempting to impose such liability upon the city is unconstitutional. (STEMMLER V. MAYOR, ETC., OF NEW YORK, 179 N. Y. 473.)

OFFICER-APPOINTING POWER Members of the board of health of the city of Oswego are city officers within the meaning of section 2 of article 10 of the State Constitution, and must be appointed as designated in the city charter.

The provision of section 20 of the public health law directing the county judge to fill a vacancy in a city board of health which has continued for thirty days is unconstitutional so far as the board of health of the city of Oswego is concerned. (PEOPLE ex rel. Bush v. HOUGHTON, 182 N. Y. 301, affg. 102 App. Div. 209.)

CLASSIFICATION—PLACING POSITION IN COMPETITIVE CLASS Where at a time when no civil service rule or regulation was in effect requiring the appointment to be made as the result of a competitive examination, a person was appointed superintendent of public works of the city of Newburgh, for the statutory term of “two years or until his successor shall be appointed," the fact that the Municipal Civil Service Commission subsequently placed the position in the competitive class does not operate to require the board of public works to make a new appointment to the position every two years as a result of an open competitive examination. (PEOPLE es rel. McCulLOUGH V, SNYDER. 106 App. Div. 28.)

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