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Every examination under these rules shall be free from interference, participation, or influence of the appointing officers, or of any person other than the assistant examiners, or experts directly employed by the municipal commission.

No person employed in a department for whose benefit an eligible list is to be prepared, shall be employed as an expert upon the examination for such eligible list. Upon the request of the municipal commission, the appointing officer shall communicate to said commission, so far as is consistent with these rules, the general qualifications or attainments, physical or mental, or both, and the experience he deems necessary or proper to be possessed by the persons filling the positions for which an eligible list is to be formed.

The municipal commission is authorized to employ such assistants and experts for the conduct of examinations as it shall deem proper and necessary, the reasonable cost and expense of which shall be audited and paid by the city of Fulton.

RULE XII

Character of examination

All examinations shall be practical in their character and shall relate to those matters which shall fairly test the relative capacity and fitness of the persons examined, to discharge the duties of the positions to which they seek to be appointed. The munici pal commission, with the approval of the State Commission, shall determine when examinations are not practicable in cases relating to the civil service of the city of Fulton.

RULE XIII

Physical examinations

Whenever physical qualifications are of prime importance to the proper discharge of the duties of any position, applicants must pass an additional examination as to their physical condition and capacity, and be certified as qualified in such respects, before their application shall be filed on record for mental examination.

RULE XIV

Political opinion of candidates

No recommendation or question under the authority of these rules shall relate to the political affiliations of any person whatever; nor shall political opinions be discovered or considered by the commissioners in their examinations. The municipal commissioners shall not receive, nor consider any communication as to the qualifications or merits of any candidate for a position except as herein permitted, and except such communications as they may invite by way of verification of statements of candidates.

RULE XV
Eligible lists

1. An eligible list shall be prepared by the municipal commission from time to time, as the needs of the service require, upon competitive examination for each of the different grades in the competitive class, from the candidates who have been found to be duly qualified for the position for which such eligible list is prepared, and in order of merit and fitness, as shown by the respective percentages of their aggregate markings. Such eligible list shall be open for inspection to all citizens at the office of the secretary of the municipal commission. Every competitor who attains an average percentage of 75 or over on all the obligatory subjects in any examination, and whose standing on every such obligatory subject is 50 per cent. or over, shall be eligible for appointment to the position for which he was examined; and the names of eligibles shall be entered, in the order of their average percentages, on the proper register of eligibles; provided that the names of competitors who have passed as above and whose claims for preference under section 9 of article V of the Constitution have been allowed by the commis sion, shall be placed in the order of their respective average percentages at the head of the proper register of eligibles.

2. 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.

3. The commission shall prescribe the character of the distinct eligible lists, designating the positions that may be filled by certification from each of such lists. A transfer of names from one eligible list to another, prepared as above, may be made by direction of the commission.

4. The term of an eligible list is fixed at not less than one year nor more than four years from the date of the establishment of such 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 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 estab lishment of the new eligible list as the result of the new examination.

5. When an examination for any grade or position is had before the eligible list for the grade or position is exhausted, a new list shall be prepared after such examination. The persons upon the former eligible list who have not been re-examined shall be respectively placed upon the new eligible list in the position to which the percentage of their aggregate marking upon the former examination would entitle them if such marking had been given upon the new examination.

RULE XVI

Written or oral examinations

In the creation of new eligible lists the ratings shall be based upon such written or oral examinations, or both, as the municipal commission shall determine. All oral examinations shall be stenographically recorded.

RULE XVII

Correction of errors

The municipal commission shall have power in its discretion, whenever in its judgment the interests of the public service re

quire, 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 any error or injustice has been done; or where any person whose name appears upon an 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 commission may direct, to all persons whose standing may be unfavor ably affected by the alteration. But the reasons for every such action shall be recorded in full in the minutes of the municipal civil service commission.

RULE XVIII

Certification for appointment

1 Whenever a vacancy shall occur within any grade of the competitive or labor class, which in the opinion of the appointing officer, the business of the city requires to be filled, he shall forthwith notify the secretary of the vacancy and state whether the same is to be filled by appointment or by promotion or by reinstatement, and the title of the position, the duties to be performed, the number of vacancies to be filled and compensation to be paid.

2 Appointment 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 commission, except as otherwise provided in the civil service law.

3 The secretary shall thereupon, as soon as practicable, certify to the appointing officer for appointment or for 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 list, indi

cating such of them, if any, as are honorably discharged soldiers, or sailors, or marines of the army or 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. In all cases the vacancies shall be so filled within fifteen days after the receipt by the appointing officer of the names certified by the secretary, and the secretary shall be noti fied within twenty-four hours by the appointing power of the appointments or promotions so made. No certification shall be in force for a longer period than fifteen days.

5 When a requisition is made to fill a position for which no eligible list exists, the municipal 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 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 these rules. If the appointing officer shall certify that a person named in a certification has declined to accept a position offered, 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 immediately be revoked by the appointing officer upon notification by the municipal commission.

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