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CHARTER PROVISIONS.

PROVISIONS OF THE CHARTER OF THE CITY OF NEW YORK.

Laws of 1901, Chapter 466.

AUTHORITY AND DUTY OF COMMISSIONERS OF MUNICIPAL CIVIL

SERVICE.

§ 125. The municipal civil service commission shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of the civil service law, in so far as it applies to The City of New York, and the rules and regulations prescribed thereunder, or concerning the action of any examiner or subordinate of the commission, or of any person in the classified municipal service, in respect to the execution of that act, and in the course of such investigations each commissioner and the secretary shall have the power to administer oaths. The municipal civil service commission shall have the further power to subpoena and require the attendance of witnesses, and the production thereby of books and papers pertinent to the investigations and inquiries hereby authorized, and to examine them, and such public records as it shall require in relation to any matter which it is required to investigate. For this purpose the commission shall possess all the powers conferred by the code of civil procedure upon a board or committee and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses or the production thereby of books and papers as aforesaid.

WARRANTS FOR PAYMENT OF SALARY OF PERSON WHOSE APPOINTMENT HAS NOT BEEN MADE UNDER CIVIL SERVICE LAW, PROHIBITED.

$126. Any officer of said city whose duty it is to sign or countersign warrants, shall not draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the chamberlain or other disbursing officer of the city for the payment of salary to any person in its service whose appointment or retention has not been in accordance with the civil service law and its amendments and of the valid rules in force thereunder.

VETERANS IN MUNICIPAL SERVICE.

§ 127. All veterans either of the army or navy or the volunteer fire departments, now in the service of either of the municipal and public corporations hereby consolidated who are now entitled by law to serve during good behavior, or who cannot under existing law be removed except for cause, shall be retained in like positions and under the same conditions by the corporation constituted by this act, to serve under such titles, and in such way as the head of the appropriate department or the mayor may direct.

HEADS OF DEPARTMENTS; CONTROL OVER SUBORDINATES; REMOVAL.

§ 1543. The heads of all departments and all borough presidents (except as otherwise specially provided) shall have power to appoint and remove all chiefs of bureaus (except the chamberlain), as also all clerks, officers, employees and subordinates in their respective departments, except as herein otherwise specially provided, without reference to the tenure of office of any existing appointee. But no regular clerk or head of a bureau, or person holding a position in the classified municipal civil service subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explanation; and in every case of a removal, the true grounds thereof shall be forthwith entered upon the records of the department or board or borough president, and a copy filed with the municipal civil service. In case of a removal, a statement showing the reason therefor shall be filed in the department. The number of all officers, clerks, employees, laborers and subordinates in every department shall be such as the heads of the respective departments and borough presidents shall designate and approve, not exceeding the number limited by any ordinance of the board of aldermen. The duties of all such officers, clerks, employees, laborers and subordinates shall be such as the heads of the respective departments and borough presidents shall designate and approve, subject to the provisions of law and to the ordinances of the board of aldermen. The salaries or wages of all such officers, clerks, employees, laborers and subordinates in every department shall be such as shall be fixed by the board of aldermen upon the recommendation

of the board of estimate and apportionment in the manner provided in this act. Any head of department or borough president, may, with the consent of the board of estimate and apportionment, consolidate any two or more bureaus established by law, and may change the duties of any bureau; and it shall be the duty of the head of the finance department to bring together all officers and bureaus authorized to receive money for taxes, assessments or arrears, in such manner that the payment of the same can be made, as nearly as practicable, at one time and place, and in one office. Every head of department or borough president, and every officer of any of the counties contained within the territorial limits of The City of New York, is empowered to make ratable deductions from the salaries and wages of the employees and subordinates of his department or office on account of absence from duty without leave; provided, however, that nothing contained in this section shall affect departments or offices as to which other provision is made by this act for deductions for absence or disciplinary fines and penalties. Wherever in any department or institution an office, position or employment is abolished, or made unnecessary through the operation of this act, or in any other manner, or whenever the number of offices, positions or employments of a certain character is reduced, the person or persons legally holding the office or filling the position or employment thus abolished or made unnecessary shall be deemed to be suspended without pay, and shall be entitled to reinstatement in the same office, position or employment, or in any corresponding or similar office, position or employment, if within one year thereafter there is need for his or their services. Whenever such offices, positions or employments are abolished or made unnecessary, it shall be the duty of the head of the department or institution to furnish the names of the person or persons affected to the municipal civil service commission, with a statement in the case of. each of the date of his original appointment in the service. It shall be the duty of the municipal civil service commission forthwith to place the names of such persons upon a list of suspended employees for the office, or position, or for the class of work in which they have been employed, or for any corresponding or similar office, position or class of work, and to certify the said persons for reinstatement, in the order of their original appoint

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