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MUNICIPAL CIVIL SERVICE RULES

OF

THE CITY OF NEW YORK.

Rule 1.

DEFINITION OF TERMS.

The several terms, hereinafter mentioned, whenever used in these rules or in any regulations in force thereunder, shall be construed as follows:

1. The "Civil Service of The City of New York," which may be designated for convenient reference the "City Service," includes all offices and positions of trust or employment in the service of the city, of whatever function, designation or compensation.

2. The term "Classified Service" refers to that portion of the City Service that is arranged in classes under these rules, for the purposes of the Civil Service Law, and includes all of such offices and positions except elective officers; the officers and employees of the Board of Aldermen; election boards or officers appointed under section 6 of article II of the Constitution; the head or heads of any department of the city government; and persons. employed as superintendents, principals or teachers in the public schools.

3. The term "Class" refers to the Exempt Class, the Competitive Class, the Non-Competitive Class, or the Labor Class, as defined in The Civil Service Law.

4. The term "Grade" refers to subdivisions of the Competitive Class arranged for purposes of promotion, and based upon the relative character of the duties, or upon the amount of compensation, regularly attaching to the positions contained therein.

5. The term Classification" refers to the arrangement, in schedule form, of the titles, offices and positions in the several classes and grades, which is appended hereto, and which forms an integral part of these rules.

6. The term "Commission," when used by itself, refers to the Municipal Civil Service Commission.

7. The term "Appointing Officer" refers to the officer, commission, board or body having the power of appointment to subordinate offices or positions in any municipal department, office, board, court or institution.

8. The term "Veteran," when used by itself, refers to honorably discharged soldiers, sailors or marines of the Army or Navy of the United States in the late Civil War, who are citizens and residents of this State.

9. The term "Laborer" refers to any mechanic, skilled or unskilled laborer employed, or seeking employment, in a position in the Labor Class.

10. The term "Position," when used by itself, refers to any classified office, position or employment.

11. The term "Compensation" refers to the annual salary attaching to an office or position, or to its equivalent if stated by the day, week or month, and shall include proper commutation for lodging or board when either is furnished at the expense of the City, such rate of commutation to be fixed by regulation of the Commission.

12. The masculine pronoun "he" and its derivatives, wherever employed, includes the feminine pronoun "she" and its derivatives.

13. The term "day" or "days," wherever employed, refers to days on which the city departments are open for the transaction of public business.

Rule II.

GENERAL PROVISIONS.

1. All appointments, promotions or selections for employment in the Classified Service shall be made according to the merit and

fitness of candidates therefor, and in the manner prescribed by these rules.

2. No appointing officer shall appoint, promote or employ any subordinate officer or employee in the Classified Service, or in any way change the official status of any such officer or employee, except in accordance with these rules, and no such appointment, promotion, employment or change of status made in contravention of any provision of these rules shall be valid.

3. No appointment to or selection for, or removal from any office, position or employment in the Classified Service, and no change in the official status of any person in such service shall be in any manner affected or influenced by the political opinions or affiliations of any applicant, or of any officer or employee. No inquiry made by or on behalf of any nominating or appointing officer, nor any question in any form of application or in any examination, shall be framed so as to elicit, and no answer shall be given so as to disclose, any information whatsoever concerning such opinions or affiliations; and no application or recommendation involving any such disclosure shall be received, filed or considered.

4. No person in the City Service shall use his official authority or influence to coerce the political action of any person or body; and no discrimination shall be exercised, promised or threatened by any such person in favor of or against any applicant, officer or employee in the Classified Service because of his political opinions or affiliations, or because he has declined to contribute to any political fund or to render any political service.

5. No person shall be appointed to or employed in any position in the Classified Service under any title or designation not appropriate to the duties he is regularly to perform, and no person in the said service shall be transferred to or, unless under express authority of law, assigned to perform the duties of, any position subject to competitive examination, except in accordance with Rule XIV. or with Clause 13 of Rule XIX.

6. The violation by any person in the City Service of any provision of the Civil Service Law or of these rules, shall be considered sufficient cause for the removal of such person.

Rule III.

ORGANIZATION AND POWERS OF THE COMMISSION.

1. The Municipal Civil Service Commission shall have authority to prescribe such regulations for the instruction of its officers and for the execution of these rules as may not be inconsistent therewith, and wherever practicable, shall prescribe blank forms for all applications, certificates, reports, records and returns required thereunder. The Commission shall have authority to examine at any time, either directly or through its Secretary or Examiners, such books, records or papers, filed in any city department or office as have any bearing on the operation of the Civil Service Law or of these rules, and may, in the course of any investigation it may make under the authority conferred by the City Charter, require the production of such books, records or papers, or the attendance of officers or employees as witnesses, at its own office, or other place of meeting. The failure of any person in the City Service to produce with reasonable promptness such books, papers or records, or to give testimony in any such investigation, when called upon to do so, shall be considered sufficient cause for the removal of such person.

2. The Commission shall choose from its own membership a President, who shall serve during its pleasure, and who, subject to the directions of the Commission, shall have such general authority and responsibility in the administration of these rules as shall not be inconsistent with the powers reserved to the Commission by the Civil Service Law or by these rules, or vested directly in some other officer. The Commission may appoint a Secretary, an Assistant Secretary, a Chief Examiner and such examiners, clerks and others. as the efficiency of its work may require.

3. Those examiners who are permanently and continuously employed as such shall constitute a Board, of which the Chief Examiner shall be Chairman, for the discussion of methods of examination and rating, and of such other matters as the Commission may refer to them. The Commission may, whenever necessary, secure the assistance of experts in an examination of a special or technical character. An examination of candidates for the position of Civil Service Examiner shall be conducted by the Commission or by experts employed therefor; but no person shall at any time be

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employed as an examiner for positions in the Competitive Class who is a public officer, other than a Notary Public or a Commissioner of Deeds, or who is employed in any other department of the city government.

4. Public notice shall be given by the Commission, through advertisement in the "City Record," for not less than three days, and a public hearing shall be allowed, on the request of any interested party, in advance of any amendment of these rules, or in advance of any amendment of the Classification by force of which any position shall be subjected to, or exempted from competitive examination.

Rule IV.

CLASSIFICATION.

1. The Classified Service shall be arranged in four general classes which shall be known, respectively, as the EXEMPT, the COMPETITIVE, the NON-COMPETITIVE and the LABOR Class.

2. The positions in each of the aforesaid classes shall be those specifically designated, under the head of each, in the appended Classification; except that all positions, whether now existing or hereafter created, of whatever functions, designations or compensation, the titles of which are not so designated, shall be deemed to be in the Competitive Class.

3. The Competitive Class and the Labor Class shall be subdivided, for the purposes of these rules, as hereinafter provided.

Rule V.

THE EXEMPT CLASS.

1. Appointments to positions in the Exempt Class may be made without examination; but the appointing officer shall in each case submit to the Commission, in such form as the Commission shall prescribe, a certificate showing (a) the title of the position; (b) the full name and residence of the appointee; (c) the

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