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iner of the State Commission, on this point, contains the following statement:

“ The falling off in the number of appeals granted by the present Commission would clearly indicate that it is strictly complying with the letter and spirit of this provision of the rules, and so long as it maintains this attitude, complaints such as that above noted will no longer be presented.”

That part of the investigation in reference to the question of transfers, was entrusted to the secretary of the State Commission, who, after a careful examination of the records of the Municipal Commission sums up his report in the following language:

“An examination of the minutes shows that the Commission has denied very many applications for transfer and that a consistent attempt has been made to abide by the transfer rule, the rulings of the court, and the opinions of the corporation

counsel. It is true that the transfer rule allows transfers which

would not be permitted under the state rule, but so long as there is authority for the action taken by the Municipal Commission, we have no complaint to make."

The testimony taken in regard to efficiency records shows that the Municipal Commission had adopted every possible means within its power to compel the various departments to comply with the rule which requires that records of the efficiency of the various employees of city departments be furnished at stated times to the Municipal Commission. It was shown that repeated communications had been sent by the Municipal Commission to said departments demanding that they observe this rule, and that finally a resolution was passed, under date of May 12, 1905, in which it was determined that no further promotion examina

tions would be held by the Municipal Commission for any department that had failed to furnish its efficiency records in accordance with the rule. This is as far as the Municipal Commission is empowered to go.

The Municipal Commission extended every courtesy to the State Commission in the course of the investigation and its members repeatedly stated that they were ready and anxious to adopt any suggestions that the State Commission might make whereby the work of preserving the integrity of the merit system in New York could be improved. I can find in no single instance during the public hearings and in the examinations by our secretary and chief examiner that anything was brought out reflecting in any way upon the efficiency or honesty of the Municipal Com

mission.

Respectfully submitted,

JOHN E. KRAFT.

Albany, N. Y., September 27, 1905.

REMOVAL OF MUNICIPAL CIVIL SERVICE COMMISSIONERS OF THE CITY OF TROY AND APPOINTMENT

OF THEIR SUCCESSORS.

EXTRACTS FROM MINUTES. A report from the secretary and chief examiner, dated February 7, 1905, upon their inspection of the records of the Municipal Civil Service Commission of the city of Troy, was considered. On mution the report was accepted and the following resolution adopted :

Resolved, That copies of said report be transmitied to the Mayor and to the Municipal Civil Service Commission of the city of Troy, and that the members of said Commission be cited to appear before the State Civil Service Commission at its next meeting to show cause why they should not be removed under the provisions of section 10 of the Civil Service Law, for incompetency, inefficiency, neglect of duty and violation of the provisions of the Civil Service Law and of the rules and regulations in force thereunder in and concerning the matters set forth in said report.

(February 10, 1905.)

Robert T. Smith, Thomas F. Duffy and David L. Beattie, the, members of the Municipal Civil Service Commission of the city of Troy, who had been cited to appear before the State Commission at this time to show cause why they should not be removed from office in accordance with the provisions of section 10, of the Civil Service Law, for incompetency, inefficiency, neglect of duty and violation of the Civil Service Law, as charged in a report of the secretary and chief examiner, dated February 7, 1905, came before the Commission and were heard.

The members of the Municipal Commission stated that they waived any technicalities with reference to the citation to appear, and admitted that they were regularly before the Commission to make personal explanation in self defense in accordance with the provisions of the law referred to.

Joseph F. Hogan, Mayor of the city of Troy, also appeared before the Commission and was heard in defense of the Municipal Commissioners.

After hearing the Municipal Commissioners and the Mayor at some length, the Commission reserved decision.

(March 17, 1905.)

Commissioner Brown offered the following and moved its adoption in the matter of the charges against Robert T. Smith, Thomas F. Duffy and David L. Beattie, Municipal Civil Service Commissioners of the city of Troy:

Charges of incompetency, inefficiency, neglect of duty and violation of the provisions of the Civil Service act against Robert T. Smith, Thomas F. Duffy and David L. Beattie, members of the Municipal Civil Service Commission of the city of Troy, having been presented to the State Civil Service Commission in a report upon the enforcement of the Civil Ser- . vice Law in the city of Troy, made under the direction of the Commission by John C. Birdseye, secretary, and Charles S. Fowler, chief examiner, of the State Civil Service Commission, under date of February 7, 1905; and the said Robert T. Smith, Thomas F. Duffy and David L. Beattie having been cited to appear before the State Civil Service Commission and give personal explanation why they should not be removed from office, pursuant to the authority conferred upon the State Civil Service Commission by section 10 of chapter 370 of the Laws of 1899 as amended by chapter 675 of the Laws of 1900; and the said Robert T. Smith, Thomas F. Duffy, and David L. Beattie having appeared in person and been heard at a meeting of the State Civil Service Commission held in the Capitol at Albany on March 17, 1905, and having made personal explanation in self-defense;

Now, therefore, we, Charles F. Milliken, John E. Kraft and Roscoe C. E. Brown, Commissioners, constituting the State Civil Service Commission, on considering the said charges and explanations, do hereby unanimously find and determine that the said charges are substantially true; and

We, the said Charles F. Milliken, John E. Kraft and Roscoe C. E. Brown, Commissioners, constituting the State Civil Service Commission, pursuant to the authority vested in us by section 10 of chapter 370 of the Laws of 1899 as amended by chapter 675 of the Laws of 1900, do hereby order, subject to the approval of the Governor, that the said Robert T. Smith, Thomas F. Duffy and David L. Beattie be, and they hereby are, removed from the office of Municipal Civil Service Commissioner of the city of Troy, for incompetency, inefficiency, neglect of duty and violation of the provisions of the Civil Service act; the particulars of the said incompetency, inefficiency, neglect of duty and violation charged being set forth in said report of the said John C. Birdseye, secretary, and the said Charles S. Fowler, chief examiner, of the State Civil Service Commission, annexed hereto and made a part of this instrument.

The motion being put to vote was declared unanimously carried, Commissioner Milliken voting aye, Commissioner Kraft voting aye, Commissioner Brown voting aye.

The Commission took a recess, during which the foregoing action was approved by the Governor.

Upon reconvening, Commissioner Brown offered the following resolution, which was adopted:

Whereas, The State Civil Service Commission has, with the approval of the Governor, under the authority conferred upon it by section 10, of chapter 370 of the laws of 1899 as amended by chapter 675 of the laws of 1900, removed Robert T. Smith, Thomas F. Duffy and David L. Beattie from the office of Civil Service Commissioner of the city of Troy;

Therefore, in accordance with the further provision of said act, we, Charles F. Milliken, John E. Kraft and Roscoe C. E. Brown, Commissioners, constituting the State Civil Service Commission, do hereby appoint Thomas F. Murnane, Stephen C. Anderson and Charles Hagen Municipal Civil Service Commissioners of the city of Troy, to hold office until the expiration of the term of the present Mayor of said city and until their successors are duly appointed and qualified.

(April 7, 1905.)

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