aforementioned shall be permitted to enter such promotion examination unless the Commission shall first find, after due inquiry, that the nature of the duties of the positions held by the persons in the said classes, who seek to enter such promotion examination, are such as naturally and properly to fit them to perform the duties of the position to which they seek promotion as fully as the duties of the persons holding positions in the next two lower grades in the same group in the same office, department or insti tution; but all promotions of clerks, bookkeepers, stenographers, copyists, messengers, pages, and other employees whose duties are of a clerical character in all the state departments, bureaus, divisions, commissions and offices, shall be subject to the provision of section 6 of chapter 521 of the Laws of 1901, to-wit: "Promotions shall be made by successive grades so far as practicable, and no person shall be promoted to a position in the higher grade who has not served at least six months in the next lower grade." Whenever it is found by the State Commission not practicable to fill a vacancy in any position through promotion in the manner herein prescribed, such vacancy shall be filled by original appointment through competitive examination in accordance with the provisions of subdivision 1 of rule VIII. (Adopted April 8, 1902. Approved by the governor April 18, 1902.) Rule XIV, section 9 Strike out the whole of the section which reads as follows. "Whenever an appointing officer shall submit information in writing to the State Civil Service Commission showing that there is any person in his department whose services therein and whose experience and qualifications are of such a character that such person can better discharge the duties of the position in which there is a vacancy than any of the persons who are entitled to enter the promotion examination, the Commission shall direct an inquiry into the matter, and if satisfied that the statements of the appointing officer are correct, may authorize the promotion of such person." (Adopted April 8, 1902. Approved by the governor April 18, 1902.). Rule XIV, section 10 Renumber as section "9" and amend by inserting the following after the words "entitled to compete for promotion": "and also whenever the salary or compensation of a person holding a position is to be increased without any change whatever in the duties of the position," and by adding at the end of the section the following: "provided, that for original entrance to the position to which promotion is sought there is not required an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position then held by such person," so that the same shall read as follows: Whenever there is but one person entitled to promotion to fill a vacancy and willing to compete therefor, or whenever an appointing officer is desirous of promoting all the persons in a particular grade entitled to compete for promotion, and also whenever the salary or compensation of a person holding a position is to be increased without any change whatever in the duties of the position, such person or persons may be promoted to the next higher grade without examination upon a certificate of the facts and the approval of the Commission; provided that for original entrance to the position to which promotion is sought there is not required an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position then held by such person. (Adopted April 8, 1902. Approved by the governor April 18, 1902.) Rule XV Strike out the whole of the present rule and insert in place thereof the following: Transfers may be made, upon request of the heads of the departments affected, as follows: 1. A person who has received an appointment from an eligible list and has served the required probationary term may be transferred to a similar position in the same group, subdivision and grade. When a proposed transfer involves a change in grade only, the same may be allowed in the discretion of the Commission. 2. A transfer of a person holding a position in the competitive class, who has served the required probationary term, to a position in a different group or subdivision may be allowed in the discretion of the Commission, provided said person has attained a place upon the appropriate eligible list for the latter position in force at the time the request for the transfer is made. 3. A person holding a position in the competitive class who did not enter the service after qualifying in an open competitive examination, may be transferred to a similar position in the same group, subdivision and grade, provided he has served at least three years in the position from which he desires transfer, or has attained a place upon the appropriate eligible list in force. at the time the request for the transfer is made. 4. A transfer of a person holding a position in the exempt or non-competitive class to a position in the competitive class may be allowed in the discretion of the Commission only when the person to be transferred has qualified in an open competitive examination and his name is upon the appropriate eligible list in force at the time the request for the transfer is made. 5. A transfer from a position in the competitive class of the civil service of the state to a similar position in the same class in any of the cities or civil divisions thereof, and vice versa, may be allowed in the discretion of the Commission only when the person to be transferred obtained his appointment by virtue of an open competitive examination conducted by or under the direction of the State Civil Service Commission, and when the proposed transfer is in accord with sections 1, 2 and 3 of this rule. (Adopted April 8, 1902. Approved by the governor April 18, 1902.) Rule XVI, section 2 Amend so as to read as follows: 2. Whenever in any department or institution an office or position is abolished, or whenever the number of positions of a certain character is reduced, or whenever by reason of a lack of appropriation or otherwise it becomes necessary to discharge or suspend one or more of several persons holding the same position, veterans of the civil war, veterans of the volunteer army or navy of the United States in the Spanish war, and exempt volunteer firemen shall be entitled to preference in retention in such positions over other persons. (Adopted April 8, 1902. Approved by the governor April 18, 1902.) Rule XVI Add thereto the following, to be known as section "3": Persons legally holding such positions at the time of such reduction or discharge shall be entitled to reappointment or reinstatement in the same position or positions if they are thereafter within one year re-established under the same or any other designation. The names of such persons shall be entered upon lists of suspended employees and shall remain thereon for a period of one year, and upon notice of a vacancy in the same or a similar position in any department, names from such lists of suspended employees shall be certified to the appointing officer in preference to names from the eligible lists. Preference in certification from such lists of suspended employees shall be given in the following order: first, veterans of the civil war in the order of their separation from the service; second, veterans of the Spanish war and exempt volunteer firemen in the order of their separation from the service; third, other persons in the order of their separation from the service. Persons specified in the first and second classes above mentioned shall be entitled to certification for positions to which they are eligible in any department or institution, but persons specified in the third class shall be entitled to certification only to the department from which they were discharged. (Adopted April 8, 1902. Approved by the governor April 18, 1902.) AMENDMENTS TO STATE CIVIL SERVICE CLASSIFICATION Insurance department Whereas, It appears from the communication of Francis Hendricks, superintendent, insurance department, dated December 31, 1901, that a new position has been created in said department under the title of confidential stenographer to the second deputy superintendent; and Whereas, It appears that it is not practicable to fill said position by competition for the reason that the duties thereof are personal and confidential in their nature; therefore be it Resolved, That the classification of positions in the exempt class in the insurance department be, and hereby is, amended by adding thereto the following: "The confidential stenographer to the second deputy superintendent." (Adopted December 31, 1901. Approved by the Governor January 3, 1902.) County clerk, Kings county Resolved, That the classification of positions in the exempt class in the office of the county clerk of Kings county be amended by striking therefrom the words: "eighteen subordinate officers and employees who are paid wholly from the salary or official emoluments of the county clerk, no part of which is to be returned or accounted for as public funds," and by adding in place thereof the following: "One deputy county clerk, one assistant deputy county clerk, one secretary, the counsel." (Adopted January 1, 1902. Approved by the Governor January 3, 1902.) Register, Kings county Resolved, That the classification of positions in the exempt class in Kings county be amended by adding thereto the following: "In the office of the register: one deputy register, one assistant deputy register, one secretary, the counsel." (Adopted January 1, 1902. Approved by the Governor January 3, 1902.) Sheriff, Kings county Resolved, That the classification of positions in the exempt class in Kings county be amended by striking therefrom the following: |