Rule XIII.

SUSPENSION AND REINSTATEMENT.

1. Whenever any permanent position in the Competitive Class is abolished or made unnecessary, or whenever the number of positions of a certain character is reduced, the person or persons legally holding such positions shall be deemed to be suspended without pay, and the names of such persons shall, on due notification from the appointing officer, be placed by the Commission on a special list, under such classified title and corresponding to such competitive. eligible list as, in the judgment of the Commission, most nearly cover the class of duties performed by such persons in the position from which suspension is made; but no person who has received a permanent appointment shall be suspended from any position for lack of work or appropriation while probationers serving under the same title are employed in the same department, office or institution. For a period of one year from the date of suspension such persons shall be entitled to reinstatement in any position, or any grade of such position, for which certification from such corresponding eligible list might be made, and the Secretary shall certify their names to the proper appointing officer as entitled to such reinstatement, in the order of the dates of their original appointment to the Classified Service, before certification is made from such corresponding eligible list for any such vacancy; provided that such persons shall be selected for certification, first, for a position the same as that from which suspension was made, if the vacancy exists in such a position, and second, for corresponding or similar positions.

A person so certified who declines to accept a reinstatement, except for one of the reasons and under the conditions stated in subdivision 4 of Rule XI., shall be considered to be permanently separated from the service.

2. The provisions of the foregoing clause shall not apply to any person who resigns his position or who is suspended or removed therefrom for any reason other than those therein specified. Leaves of absence without pay may be granted by an appointing officer, without conflict with such provisions, where such absence does not exceed thirty days, or in case of sickness six months; but the Commission, in exceptional cases, the circumstances of which shall be stated in its minutes and in its annual report, may extend such

periods. Absence without leave for a period of five days, unless it be subsequently shown that such absence was unavoidable, shall be construed as a resignation.

3. A person who has resigned from a permanent competitive position, or who has been removed or otherwise separated therefrom for any cause other than fault or delinquency on his part, may be reinstated without examination, at any time within one year from the date of such separation, in a vacant position in the same class and grade, provided that for original entrance to such position there is not required by these rules, in the judgment of the Commission, an examination involving tests or qualifications different from or higher than those involved in the examination for appointment to the position formerly held by such person. But no person shall be so reinstated who at any time within a year prior to the date of his separation from the service had been eligible for reinstatement as a suspended employee.

The Commission may in its discretion extend the period during which reinstatement may be made under this clause where the person seeking reinstatement resigned his position in order to serve in the Army or Navy of the United States in time of war, and has received an honorable discharge therefrom.

4. Upon the written request of an appointing officer, stating the essential facts regarding a reinstatement proposed under the foregoing clause, the Commission will, if such reinstatement be in accordance with law and these rules, issue its certificate to that effect to such officer, but no such reinstatement shall be made or recognized until after the issuance of such certificate.

Rule XIV.

TRANSFER.

1. A person who has been permanently appointed to a position in the Competitive Class may be transferred without examination to a similar position in such class, or to a position of the same grade thereof, if it be in a graded service, in any other department, office or institution; provided, that for original entrance to the position proposed to be filled by transfer there is not required by these rules, in the judgment of the Commission, an examination involving tests

or qualifications essentially different from or higher than those required in an examination for original entrance to the position from which transfer is sought; and provided further, that if such person entered the service without competitive examination he shall have served with fidelity for at least three years in the position held by him, or in a similar position.

2. A person may be transferred from an exempt or non-competitive position to a competitive position, or from a position in the Competitive Class to a position in a different group of such class, only when the person transferred has qualified in an open competitive examination and is eligible for certification and appointment from the appropriate eligible list for the position to which transfer is proposed. Such transfer shall remove from the eligible list the name of the person transferred; but no such transfer shall be allowed when there is in existence an appropriate list of persons eligible for promotion to the position proposed to be filled by transfer.

A person holding a position in the Non-Competitive Class may be transferred to a similar position in the same class.

3. A person who, by transfer or promotion from a competitive position, is holding a position in another class or in another grade, and who has served continuously therein from the date of such transfer or promotion, may be retransferred, without the application of the foregoing restrictions, either to the position originally held by him, or to any position to which transfer could be made therefrom.

4. Upon the written request of an appointing officer, stating the facts with reference to a proposed transfer, accompanied by the consent, also in writing, of the appointing officer from whose jurisdiction the transfer is to be made, the Commission will, if such transfer be in accordance with law and the provisions of these rules, issue its certificate to that effect; but no such transfer shall be made or recognized until after the issuance of such certificate.

Rule XV.
PROMOTION.

1. Vacancies in positions above the lowest grade in any Part of the Competitive Class, except Part I., that are not filled by original

appointment, transfer, reinstatement or reduction, shall be filled by promotion, based, so far as practicable, on competitive tests.

2. Examinations for promotion shall be ordered as often as may be necessary to meet or to anticipate the needs of the higher grades, and, so far as practicable, shall be held periodically. Except where otherwise provided by law, such examinations shall be open, in each case, to all persons who shall have served with fidelity for not less than six months in positions in Parts III., IV., V., VI. and VII. of the same group or general character in the grade next lower, in the same department, office or institution; except that, for reasons to be set forth in its minutes, and where permitted by law, the Commission may open such examinations to persons in two or more lower grades who shall have served with fidelity for not less than six months in the positions held by them respectively. For positions in Part II., such examination shall be open to all persons who have served with fidelity for not less than two years in Grade 1, and not less than three years in Grades 2, 3 and 4. And, secondly, the Commission may, in any case, extend eligibility for promotion to persons who, for more than six months, have served in another group in the same office, department or institution, where the Commission shal find that the nature of the duties of the positions held by such persons is such as naturally and properly 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; but no such person shall be eligible to promotion who lacks any of the preliminary requirements for original entrance to the position to be filled by promotion.

Notice of such examination shall be given by the Secretary to all eligible persons in the grade or grades from which promotion is to be made at least one week in advance of the date thereof.

3. A position in any of the aforesaid Parts the compensation of which is not identical with that specified in the Classification for any grade of such Parts shall, for purposes of promotion, be deemed as of the grade the compensation of which is specified as next lower than the compensation paid.

4. No such examination shall be held under any title not designated in the Classification; except that, for reasons to be stated in its minutes, the Commission may hold an examination under the office title of a position above Grade 4 of the Clerical Service, where

the duties to be performed are of a fixed and distinctive character, and where such office title has been in common use for not less than a year.

5. No person shall be admitted to an examination for promotion who lacks any preliminary qualification for the position to be filled fixed by law, or by these rules or by lawful regulation of his department, or who may have become ineligible for any of the causes set forth in Clause 14 of Rule VII.

6. The subjects of rating and the relative weights thereof in any competitive promotion examination shall be as follows: For comparative conduct, seniority and efficiency in previous service, as may be determined from the transcript of the efficiency record (or as may be otherwise determined under paragraph 8 of this rule), between the date of the original appointment of the candidate and the final date for the receiving of applications for any stated examination, 50; and for written papers on pertinent subjects, 50. (In cases where the candidate has obtained a promotion as the result of a competitive examination, the record shall be a continuation of the last record furnished; but if the promotion be obtained without competitive examination, the record shall commence from the date of his promotion to the position or grade.)

In rating the records where more than one grade is opened, such rating shall be based upon the service of a candidate in all of such positions or grades.

7. To provide a basis of rating for previous service, there shall be kept in each department or office continuous and permanent records of the efficiency, character and conduct of all persons employed in graded positions therein. Such records shall be known as

efficiency records," and the entries made therein shall have reference to (a) quality of work performed by each such officer or employee; (b) the quantity of work performed by him; (c) his general conduct; (d) his punctuality and attendance; (e) his executive ability and capacity for initiative, where his work is of a character that will permit definite estimation.

8. The entries upon an efficiency record shall be made under the direction of a Board of Promotions, to be established in each Department, which shall consist of not less than three superior officers or employees of such Department who shall be