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erly classified as exempt, notwithstanding the fact that his pay-rolls are properly certified by the Commission.

It has been held that the classification of a position in the competitive class is also subject to collateral attack under section 19 of the law, by any civil employee who may, after receiv ing an appointment made in defiance of the classification and after the Commission had refused to certify his pay-roll on that account, maintain a proceeding by mandamus to compel the certification of his pay-roll, without regard to the classification, on the ground that the position held by him is improperly classified.

The Commission has thus been divested of its judicial functions in deciding matters of classification, and has been reduced to the mere ministerial function of attempting to record, as best it may, an ideal and pre-existing classification of the positions in the civil service, subject to the danger of making clerical mistakes in so doing. A position should be held to be in the class where the Commission, with the approval of the governor, places it, unless and until, in a direct proceeding against the Commission, the court orders the classification to be changed. The classification should not be subject to collateral attack in any case, but should be respected as long as it stands. This, however, requires legislation. As it is now, we are parties to judicial proceedings merely to defend not the good judgment of the Commission, but the absolute accuracy of its classification. The proceedings of the Commission in refusing or granting exemptions should be subject to review by certiorari and not by mandamus, and section 2140 of the code of civil procedure should control the court issuing the writ. Any resident taxpayer should be permitted to institute proceedings to compel the placing of a position in the competitive class. Only the appointing

power should have the right to institute a proceeding to compel the placing of a position in the exempt class.

We, therefore, respectfully recommend to the legislature that the civil service law should be amended so as to limit the right of attack by legal proceedings upon the classifications of the Commission to direct proceedings against the Commission, that the Commission be given power to hear, try and determine each claim for exemption, and that its decision be final as to all questions of fact, where there is evidence to support its findings, subject in all cases to the approval of the governor.

4. Elective officers; legislative officers and employees - The civil service law (section 8) puts in the unclassified service, among other positions, "all elective officers" and "all legislative officers and employees." Both these terms are too vague and indefinite, and should be more strictly defined in the act. There has been a tendency to hold that officers and employees of boards of aldermen in cities, and boards of supervisors of counties are both elective and legislative employees. (Matter of Shaughnessy v. Fornes, 172 N. Y. 323.)

The municipal service

But few changes in the municipal civil service rules and classifications have been made during the year, except in New York city.

Chapter 466, Laws of 1901, made many amendments to the charter of Greater New York, and it became necessary for the municipal and State Civil Service Commissions to revise the classification of the municipal departments and offices to conform with the changes required by the charter amendments. The municipal civil service commission submitted proposed

amendments to its rules, including numerous changes in classification, together with the reasons therefor, and the same were considered at meetings of the State Commission held January 1st, 2d and 4th. The revised classification was approved January 4, 1902.

Many additional amendments to the New York city rules have been considered during the year, and for the most part have been approved. The State Commission refused, however, to approve certain exemptions, together with a rule giving the municipal commission arbitrary power to set aside eligible lists without hearing the persons affected thereby.

Amendments to the rules governing the civil service of the following cities have been approved: Albany, Auburn, Buffalo, Jamestown, Mount Vernon, Olean, Rochester, Syracuse, Utica

and Watertown.

Proposed amendments to the civil service rules of the following cities have been returned by the Commission without approval: Albany, Buffalo, Rochester and Syracuse.

Two new cities were created during the year, viz.: Fulton and Plattsburgh. The mayors of the cities promptly appointed municipal civil service commissions and the commissions as promptly began the preparation of rules and regulations. By request the secretary of the State Commission visited these cities and advised and aided the local commissions in the preparation of the rules, with the result that most excellent rules were submitted to the State Commission. The rules for the city of Fulton were approved May 17th, and those for the city of Plattsburgh June 9th.

In the appendices will be found the rules for these cities, together with the amendments to city rules approved, and the

proposed amendments which did not receive favorable action; also a synopsis of the reports of the municipal civil service commissions, showing the work in the municipal service during the

year.

Appendices

The appendices of this report will contain, among other things, the report of the chief examiner and the statistical tables concerning examinations, appointments, removals, resignations, etc., to which attention is particularly invited; also table showing the number of positions classified in each department and institution with the exception of laborers, amendments to municipal civil service rules, amendments to the state civil service rules and regulations, special reports, court decisions, rulings of the Commission, and roster of state and county employees.

Conclusion

In conclusion the Commission acknowledges the assistance and support of all who have aided it in the enforcement of the civil service law and the rules, and it especially acknowledges. the assistance given by Attorney-General Davies and his deputies, Messrs. Warner and Mason, the Civil Service Reform Association and the Association of Civil Employees in the liti gations which have been such a prominent feature of its work during the year.

All of which is respectfully submitted.

WM. MILLER COLLIER

CUTHBERT W. POUND

JOHN E. KRAFT

State Civil Service Commission

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