Report of the Civil Service Commission of the State of New York, Volume 1

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Page 27 - If the position is clearly one properly subject to competitive examination, the commissioners may be compelled to so classify it. On the other hand, if the position be by statute or from its nature exempt from examination, and the action of the commission be palpably illegal, the commission may be compelled to strike the position from the competitive or examination class, though in such case redress by mandamus would often be unnecessary, as a valid appointment could be made notwithstanding the classification....
Page 27 - The result of this conclusion in the Schau case is that the action of the civil service commissioners, in making classifications, is subject to a judicial control that is limited to such questions as may properly be reviewed in proceedings instituted by writ of mandamus.
Page 27 - Sims case and after mature deliberation we decided to retract our earlier views and held that the determination of a Civil Service Commission in classifying positions in the public service, although involving the exercise of judgment and discretion, is more of a legislative or executive character than judicial or quasi-judicial.
Page 26 - York, which said mandamus commands the said John E. Kraft and others to re-classify the position of chief clerk in the office of the Commissioner of Records, county of Kings, by taking the same out of the exempt class and placing the same in the competitive class; and further directs the said John E.
Page 57 - Civil list of the state, county and village service classified under the state civil service rule, Jan.
Page 8 - Besides the counties in which the entire service has been classified, the New York commission has, by its rules, provided that county superintendents of highways and county sealers of weights and measures in all other counties as well shall be in the competitive class.
Page 25 - Com mission to rescind its resolution changing the classification of the position of transfer tax appraiser from the competitive to the exempt class.
Page 36 - ... among candidates whose other qualifications are equal. A third method is that of competitive examination. It has been advanced that under this method the employees are placed on an equal footing, as the personal equation is eliminated and impartial tests are applied. This method has been tried in the past to some extent and afterwards abandoned for promotions from class to class within a grade, apparently because of the belief that for such promotions the value of employees could be more accurately...
Page 20 - ... point of view between the representatives of labor and ourselves upon this question is due to the fact that the latter gentlemen fail to appreciate that we cannot have an inspector of masonry, of carpentry, of painting, of plumbing, etc., upon each public work, and that superintendents of construction must have a thorough knowledge, not only of mason work but of carpenter work and timber construction, steel and iron construction, roofing, painting, and the various allied branches of construction...
Page 20 - ... meeting to advance the rating for practical experience in the examination for the position of superintendent of construction from forty to fifty points out of a possible one hundred and for inspector of masonry from fifty to sixty points, we have decided, as a result of our recent conference in Xew York City with representatives of the State Federation of Labor, to abolish the requirement that candidates for the position of inspector of masonry must have been foremen for at least one year. After...

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