When two or more eligibles on a register have the same average percentage, preference in certification shall be determined by the order in which their applications were filed, but neither priority in the date of application nor of examination will give any other advantage in position on the register of eligibles.

The Municipal Civil Service Commission shall prescribe the character of the distinct eligible lists, designating the positions which may be filled by certification from each of said lists.

The term of an eligible list, except as provided in Subdivision 6 of Rule XXXI, is fixed at not less than one year nor more than four years from the date of the establishment of said list. An eligible list which has been in force for a period of one year shall terminate provided that a new examination has been held and a new eligible list prepared for the same position. Persons whose names appear upon any such eligible list shall be notified by mail when a new examination is to be held for the same position and informed that their eligibility will cease upon the establishment of a new eligible list as a result of the new

examination.

Rule XVII. Regrading.

Where an examination for any grade is held before the eligible list for that grade is exhausted, provided such list has been established for less than one year and contains less than three names, a new list shall be prepared after such examination. The persons upon the former eligible list who have not been examined for the new eligible list shall be respectively placed upon the new eligible list in the position to which the percentage of their aggregate marking upon their former examinations would entitle them if such markings had instead been given them upon the new examination and shall be continued thereon until the end of their term of eligibility.

Rule XVIII. Written or Oral Examination.

In the creation of new eligible lists the rating shall be based upon such written or oral examinations, or both, as the Municipal Civil Service Commission shall determine, and all oral examina tions shall be stenographically recorded.

Rule XIX. Correction of Errors.

The Municipal Civil Service Commission shall have power, in its discretion, whenever in its judgment the interest of the public service require it, to order a re-examination of applicants for any position, and, shall have power to correct any error and amend or revoke any schedule, list or other paper or record where it appears that an error or injustice has been done, or where any person whose name appears on any eligible list has for any reason become incapacitated for appointment in the public service to strike such name from said list, provided, however, that after an eligible list is prepared and certified it shall not be altered or revoked except upon notice by mail or otherwise, as the Municipal Civil Service Commission may decide, to all those persons whose standings may be unfavorably affected by the alteration. But the reasons for any such action shall be recorded in full in the minutes of the Municipal Civil Service Commission.

A competitor receiving notice as to the result of his examination and his relative position on the eligible list, may in person, or by his duly authorized agent, in the presence of any member of the Municipal Civil Service Commission, inspect his examination papers, and if in his opinion injustice has been done, he may within ten days after receipt of the notice appeal to the Municipal Civil Service Commission specifying particularly and in detail the cause of his complaint. Such appeal shall be considered by the Municipal Civil Service Commission, and if they deem it necessary, they will direct the revision of the marking or grading of the applicant's papers or otherwise do justice in the premises.

Rule XX. Certification for Appointment.

1. Whenever a vacancy shall occur within any grade of the Competitive or Labor Class, which, in the opinion of the nominating or appointing officer, the business of the city requires to be filled, he shall forthwith notify the Secretary of the Municipal Civil Service Commission of the vacancy and state whether the same is to be filled by appointment or promotion or by reinstate

ment, and the title of the position, the duties to be performed, the number of vacancies to be filled and the compensation to be paid.

2. Appointments shall be made to or employment shall be given in all positions in the Competitive and Labor Classes, that are not filled by promotion, reinstatement, transfer or reduction, under the provisions of the Civil Service Law and these rules, by appointment from among those standing highest on the eligible list prepared by the Municipal Civil Service Commission, except as otherwise provided in the Civil Service Law.

3. The Secretary of the Municipal Civil Service Commission shall thereupon, as soon as practicable, certify to the nominating or appointing officer for appointment, or promotion or for reinstatement from the eligible list most nearly appropriate to such position, as it may then exist, the names of the three persons standing highest on such eligible lists, indicating such of them, if any, as are honorably discharged soldiers, sailors or marines of the army and navy of the United States in the late Civil War, citizens and residents of this State. The certificate of the Secretary shall in all cases state the relative standing of each of the persons certified.

4. The appointing officer shall thereupon fill said vacancy or vacancies by the appointment of one or more of the persons so certified. Until an appointment has been made from said certification or until said certification has been cancelled, no new certification shall be made to fill said vacant position or positions.

5. When a requisition is made to fill a position for which no eligible list exists the Municipal Civil Service Commission shall make certification from the eligible list most nearly appropriate for the group in which the position to be filled is classified and wherein the qualifications demanded have been determined by examination.

6. No person on an eligible list shall be certified more than three times to the same appointing officer for the same bureau or institution, except at the request of the said appointing officer, unless the person so certified is a veteran, in which case his name shall continue to be certified so long as it remains on the eligible list under the rules.

If the appointing officer shall certify that a person named in a certification has declined to accept a position offerea, the secretary may certify the name of the person standing next highest upon the eligible list to those already certified.

If a person who is not entitled to certification is certified and appointed, his appointment shall be immediately revoked by the appointing officer upon notification by the Municipal Civil Service Commission.

7. No person whose name is upon an eligible list may waive his right to certification or appointment except for one of the following reasons stated in writing to the appointing officer and to the Municipal Civil Service Commission.

(a) Insufficiency of salary attached to the position offered, or (b) Temporary disability, physical or otherwise, to accept the position offered, the proof of which shall be accepted by the Municipal Civil Service Commission. The Commission shall enter upon its minutes the reasons for its action in each such case, and the waiver shall not continue in effect for a longer period than thirty days from the date of certification. The name of any eligible who shall decline certification or appointment for any reason other than those above specified shall be stricken from the list. Whenever an eligible certified for appointment shall fail to accept an offer of appointment sent to him by mail at his post office address within the four business days next succeeding the mailing of such offer of appointment, he shall be deemed to have declined such appointment. An eligible who has declined an appointment. on the ground of the insufficiency of the salary offered shall not thereafter be certified for a position at the same or a less salary. Whenever one or more eligibles shall have declined any appointment offered, and an eligible whose relative standing is lower shall have been appointed to the position, the salary or compensation of such appointee shall not be increased within a period of one year after his appointment, beyond that offered to the person so de clining.

8. If the appointment shall be made of any person other than one of the three standing highest on the eligible list, the appointing officer shall forward to the Municipal Civil Service Commission, with the notice of appointment, copies of all correspondence to and from the persons declining such appointment.

Rule XXI. Suspension of Rules.

In case of a vacancy in any position in the Competitive Class where peculiar and exceptional qualifications of a scientific, professional or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special cases is impracticable, the Municipal Civil Service Commission may, upon obtaining the approval of the State Civil Service Commission, suspend the provisions of the rule requiring competition in such case, but no such suspension shall be general in its application to such place, and all such cases of suspension shall be reported to the State Civil Service Commission in the annual report of the Municipal Civil Service Commission with the reasons for the same.

Rule XXII. Qualifications as to Residence and Citizenship. Every applicant for examination for appointment to any of the positions enumerated in the Competitive or Non-Competitive Class, or for registration or employment in any of the positions enumerated in the Labor Class, must be a citizen of the United States and an actual resident of the city of Beacon, N. Y., at the time of his application; provided that such requirements as to citizenship and residence may be specially suspended by the Municipal Civil Service Commission as to any position requiring high professional, scientific, technical or educational qualifications, but all such cases with the reasons therefor shall be entered on the records of the Municipal Civil Service Commission opposite the name of the candidate.

Rule XXIII. Requirements in Exceptional Cases.

In applications for examinations for positions requiring scientific, professional, technical or educational qualifications, the Municipal Civil Service Commission may require evidence of special education for or of practical experience for a satisfactory term in such profession, art or trade; and shall require the production of such certificates of competency and license as are provided by the statutes of this State as necessary to enable the practice of any profession, art or trade.