Rule XI.

CERTIFICATION AND APPOINTMENT.

1. Selections for appointment to all positions in the Competitive Class not filled by promotion, reduction, transfer or reinstatement shall, except as provided in Rule XII., be made in the following

manner:

The appointing officer shall notify the Commission of the title of the position, the duties to be performed and the compensation to be paid. The Commission shall thereupon certify to such appointing officer from the eligible list most nearly appropriate to such position, and for the grade thereof, if in a graded service, the three names at the head thereof; provided that, except in the case of a veteran, no such name shall be certified more than three times to the same appointing officer for the same or a similar position, unless at such officer's request. The relative rating of each candidate shall be stated in the certification, and, if the appointing officer requests, the application and examination papers of each shall be submitted for his inspection, at the office of the Commission. Certification shall be made without regard to sex unless sex is specified in the requisition.

The appointing officer shall make selection, with reference solely to merit and fitness, from the three names certified, unless objection shall be made, and sustained by the Commission, to one or more of the persons named, for any of the reasons stated in paragraph 14 of Rule VII., in which case the certification of three names shall be completed by addition of the name or names next following upon the eligible list. If there be more than one vacancy to be filled, names shall be certified and selection shall be made for each of such vacancies in the same manner.

2. The person selected shall be duly notified by the appointing officer, and, upon accepting and reporting for duty, shall receive from such officer a certificate of appointment for a probationary period of three months; except in the Police or the Fire Service, where such period shall be one month. For temporary service, in accordance with Clauses 1 and 2 of Rule XII., such certificates of appointment shall be issued for a probationary period of fifteen days. If his conduct or capacity on probation be unsatisfactory to the appointing officer, the probationer shall be notified in writing.

that at the end of such period he shall, for that reason, not be retained; his retention in the service otherwise shall be equivalent to permanent appointment. Veterans of the Civil War, honorably discharged from the military or the naval service of the United States, shall not be subject to such probation.

3. A probationer separated from the service for any reason other than fault or delinquency shall be restored to the eligible list. from which he was selected, with the same relative standing, and the time during which he has actually served shall be deducted from the period of probation if he be again selected by the same appointing officer. When two or more persons selected from the same cligible list are serving as probationers under the same appointing officer, and a reduction of force is necessary, they shall be preferred for retention in the order of their original standing on such list.

4. The name of any person certified as eligible for a probationary appointment who shall decline such appointment shall be stricken from the list from which such certification is made unless such declination be for one of the following reasons:

(a) Residence in a borough other than that in which the duties are to be performed; (b) insufficiency of the compensation offered, if such compensation be lower than the amount or the maximum amount stated in the announcement of examination; or (c) temporary inability, physical or otherwise, the evidences of which must be acceptable to and approved by the Commission and set forth in its minutes.

The failure of an eligible person to respond within four days to an offer of appointment sent to his post-office address, shall be considered a declination.

An eligible who has declined appointment by reason of the insufficiency of the compensation offered shall not be again certified for a position at the same or any less compensation, and when such declination results in the appointment of an eligible not originally entitled to certification, the compensation of such appointee shall not be increased within one year thereafter beyond the amount offered to any person so declining.

On notification from an appointing officer that a person named in a certification has declined appointment, and on receipt from such officer of such declination in writing, or of evidence of the failure

of such person to respond to a notice properly sent, such certification shall be completed by addition of the name of the eligible next in order.

5. No certification shall remain in force for a longer period than fifteen days. Until such certification has been exhausted or terminated no new certification shall be made for the same position, but the names of the persons certified may be certified for any similar position.

6. Every person selected for appointment shall be required to fill out and sign, in the presence of the appointing officer or his representative, an identification sheet, repeating the essential facts stated by him at the time of examination, which shall be forwarded. to the Commission with the notice of appointment and filed with the appointee's application papers.

If a person who is not entitled to certification is certified and appointed, his appointment, upon due notification from the Commission to the appointing officer, shall be revoked.

Rule XII.

TEMPORARY AND EXCEPTIONAL APPOINTMENTS.

1. When services are to be rendered of a temporary character, and for a limited period, the appointing officer shall inform the Commission, stating the duration of such period, the rate of compensation and other conditions of employment, and may select for such employment one of the first three persons on the appropriate eligible list who, after due notice of the conditions, are willing to accept certification therefor; but successive temporary appointments shall not be made under this clause, nor shall any person be eligible to temporary appointment if he has served under either a temporary or a provisional appointment in the same department within the previous three months. Neither acceptance nor declination of any such temporary employment shall affect the right of an eligible to continued certification for permanent appointment; nor shall acceptance confer upon such eligible any of the rights of promotion, transfer or reinstatement.

2. The Commission shall establish and maintain a separaté eligible list of persons willing to accept temporary employment as clerks, under the conditions of the preceding clause. If the appointing officer shall certify that the services of a person appointed from such list have been satisfactory the name of such person shall, at the termination of such temporary employment, be placed on a preferred list, from which he shall be eligible for re-employment for any similar service, under the conditions of Clause 1 of Rule XIII.

When a sufficient number of temporary clerks cannot be secured from such list, or from any other appropriate list, additional clerks may be employed without examination, in the following cases; but the appointing officer in each such case shall report to the Commission the names of the persons so employed, the character of their previous occupation, the terms of their employment by him and the rate of compensation to be paid them:

(a) In the office of the Receiver of Taxes, Department of Finance, for the period between September 1 and January 1 of each year;

(b) In the office of the Collector of Assessments and Arrears, Department of Finance, for the period between August 15 and December 15 of each year; (c) In the office of the Registrar of Water Rates, Department of Water Supply, Gas and Electricity, for the period between May 1 and August 1 of each year;

(d) In the office of the Bureau of Elections, at times of election or registration, for a period of not exceeding forty days.

3. Whenever there are urgent reasons for filling a vacancy in any permanent position in the Competitive Class, and there is no existing appropriate eligible list, the appointing officer may nominate a person to the Commission for non-competitive examination, and if such nominee shall be certified by the Chief Examiner as qualified, after such examination, he may be appointed, provisionally, to fill such vacancy until an appropriate eligible list is established. The competitive examination for such position shall, in such case, be ordered, in the manner provided by Rule VII., for a date not later than three weeks from the date of such provisional appointment. Such provisional appointment shall not continue for more than ten days after an appropriate list has been established, nor for a longer period, in any case, than two months; nor shall successive provisional appointments be made to the same position under this provision.

4. Where there is a vacancy of an emergency character in a position in the Competitive Class, and it is not practicable either to secure a person by certification from an eligible list or to conduct a non-competitive examination in the absence of such a list in time. to meet such emergency, an appointment may be made without certification or examination, subject to the subsequent approval of the Commission, for a period not exceeding fifteen days, but successive appointments shall not be made under this provision.

5. Where there is a vacancy in any position in the Competitive Class demanding peculiar and exceptional qualifications of a scientific, professional or educational character, and upon satisfactory evidence that for specified reasons competition in such special case is not practicable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the Commission may suspend the provisions of the rules requiring competition in such case; but no such suspension shall be general in its application to such position.

6. The Commission may, by resolution, except from competitive examination any person engaged in private business who shall render any professional, scientific, technical or expert service of an occasional and exceptional character to any city officer, and the amount of whose compensation in any one year shall not exceed $750; provided that such limitation of compensation shall not apply to any person so employed by the Mayor or Corporation Counsel; and provided further, that the Commission may, by resolution, approved by the Mayor and the State Civil Service Commission, suspend such limitation in other cases.

7. The Commission may, by resolution, except from competitive examination any person who is to be appointed for service in a locality outside the City of New York who is a resident of such locality, and when appointment for such service from an eligible list is found to be not practicable; but no such person shall be eligible for transfer or assignment to work within the city.

8. All exceptions from competitive examination under this rule, with the circumstances thereof, shall be stated by the Commission in its annual report.