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23. Recommendations for appointment or promotion.
cetera; “public officer” and “public employee"
30. When to take effect.
Section 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 ” means the state civil service commission.
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 subor dinate positions in any office, court, department, commission, board, or institution.
§ 3. State civil service commission. The governor is author ized to appoint, by and with the advice and consent of the senate, three persons, not more thay 'wo of whom shall be adherents of the same political party, as civil service commissioners, and sald 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 commissioner. [As amended by chap. 66, Laws of 1900.]
§ 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 act, 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, an 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 commission. The state civil service commission shall
First. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this act 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 act shall have the force and effect of law.
Second. Keep minutes of its own proceedings and records of its examinations and other official action.
Third. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this act 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 act, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths.
Fourth. Have power to subpæna and require the attendance in this state of witnesses and the production thereby of books and papers pertinent to the investigation and inquiries hereby author. ized and to examine them and such public records as it shall require in relation to any matter which it is required to investigate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production thereby of books and papers as aforesaid.
Fifth. 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, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.
Sixth. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum.
$ 7. Duties of public officers.-It shall be the duty of all offieers of the state of New York or of any city or civil division thereof to conform to and comply with and to aid in all proper ways in carrying into effect the provisions of this act, and the rules and regulations prescribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, promotion or reinstatement except in accordance with the provisions of this act and the rules and regulations prescribed thereunder. Any person employed or appointed contrary to the provisions of this act or of the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint, him, the compensation agreed upon for any services performed under such appointment or employment, or in case no compensation is agreed upon, the actual value of such services, and any expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recovered in any such action.
$ 8. Unclassified service; classified service. The civil service of the state and of each of its civil divisions and cities shall be divided into the unclassified service and the classified service. The unclassified service shall comprise all elective offices, all offices filled by election or appointment by the legislature on joint ballot; all persons appointed by name in any statute; all legislative officers and employees, all offices filled by appointment by the governor, either upon or without confirmation by the
ate, except officers and employees in the executive offices; all election officers, the head or heads of any department of the gov. ernment, and persons employed in or who seek to enter the public service as superintendents, principals or teachers in a public school or academy or in a state normal school or college. The classified service shall comprise all positions not included in the unclassified service. All appointments or employments in the classified service, except those of veterans of the civil war, honorably discharged from the military or naval service of the United States, shall be for a probationary term not exceeding the time fixed in the rules. [As amended by chap. 270, Laws of 1902.]
§ 9. Rules for the classified state service. Within one month after the passage of this act, the commission shall make rules for the classification of the offices, places and employments in the classified service of the state, and thereafter from time to time rules for the classification of the offices, places and employ. ments in such other civil divisions thereof, except cities, as after due inquiry by the commission shall be found practicable, and for appointments and promotions therein and examinations therefor, not inconsistent with the constitution and the provisions of this act, and shall amend the same from time to time. No examination or registration shall be required of persons to be employed as laborers in the state service. Such rules and any modifications thereof, shall take effect when approved by the governor. Due notice of the contents of such rules, and of any modifications thereof, shall be given by mail to appointing officers and heads of departments affected thereby, and such rules shall be printed for public distribution. Subject to the provisions of this act and of the rules established thereunder, the commission shall make regulations for and have control of examinations for the service of the state and the civil divisions thereof, except cities, and shall supervise and preserve the records of the same, but such examinations shall be held at least once a year in each of the following places :* Albany, Amsterdam, Auburn, Binghamton, Buffalo, Dunkirk, Elmira, Geneva, Hornellsville, Ithaca, Jamestown, Johnstown, Kingston, Lockport, Malone, Middle
*NOTE:—The appropriations for expenses of examinations (chap. 699, Laws 1905) provide for examinations in the following places: Albany, Amsterdam, Auburn, Binghamton, Buffalo, Elmira, Hornellsville, Ithaca, Jamestown, Kingston, Lockport, Malone, Newburg, New York, Ogdensburg, Olean, Plattsburg, Poughkeepsie, Rochester, Syracuse, Utica and Watertown.