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planation, and in every case of a removal the true grounds therefor shall be forth with entered upon the records of the department and a copy thereof shall be transmitted to the Commission.”

(Adopted March 22, 1899. Approved by the governor March 24, 1899.) Rule XI, section 6

Resolved, That the following, to be known as section 6 of rule XI, be made a part of the rules regulating the civil service to be prescribed by the Commission, and also that for the purposes of immediate administration it be at once submitted to the governor for his approval, and that it take effect as soon as approved by him:

Merit lists for appointment in the state service existing at the time of the passage of the civil service law shall be continued as the eligible lists from which appointments are to be made until an examination for similar positions shall be held and reported by the Commission under these rules, and all eligible lists prepared as the results of fitness examinations are hereby abolished.

(Adopted May 4, 1899. Approved by the governor May 4, 1899.)

Rule XXII

Resolved, That the following, to be known as rule XXII, be made a part of the rules regulating the civil service to be prescribed by the Commission, and also that for the purposes of im. mediate administration it be at once submitted to the Governor for his approval, and that it take effect as soon as approved by him:

For the purpose of certification of payrolls, estimates and ac. counts as required by section nineteen of the civil service law, appointing officers and heads of departments shall furnish the Commission with payrolls, estimates, accounts and certificates in form and manner as follows:

1 Heads of departments, offices and institutions in the state service, whose employees are paid individually direct from the treasury of the state or any civil division thereof shall furnish the Commission, at least five days before payment is to be made, a payroll in duplicate showing the names of the persons to be paid, the title of the position held or kind of service performed by each person, the rate and amount of compensation to which he is entitled, and the period for which he is to be paid, and shall certify that the persons named therein are employed solely in the proper duties of the positions and employments indicated and that persons described as or proposed to be paid as “laborers" are employed at ordinary unskilled labor only. After examination and certification by the Commission as hereinafter prescribed, such payrolls shall be transmitted by it to the comptroller or fiscal officer of such civil division for further examination and payment as required by law, and one of said duplicates shall accompany the warrant on the treasurer or other disbursing officer. 2 For payments for irregular or occasional services, and for advances of salary to regular employees, the head of such a department, office or institution shall transmit to the Commission the original account or a special payroll or a request for advance payment bearing his written approval which approval shall be deemed to be a certificate of the facts required by the preceding section to be certified on the regular payrolls. Upon examination and certification by the Commission such account, payroll or request shall be forwarded to the comptroller or other fiscal officer. 3 Heads of departments, offices or institutions whose employees are paid directly by the department without previous detailed estimate to the comptroller shall furnish the Commission, before payment is made, or in case of employees of the department of public works and of the state engineer and surveyor on the canals, outside of Albany, before credit is claimed from the comptroller on such payrolls, the payrolls and certificates as required in section one hereof, and except in the case noted, disbursing officers of such departments, offices and institutions shall not pay such persons until the Commission shall certify as hereinafter prescribed. Heads and disbursing officers of such departments, offices and institutions shall file the payrolls certified by the Commission as vouchers in claiming credit from the comptroller or other fiscal officer for such payments.

4 The estimates for payment of officers and employees and for services of state hospitals and charitable institutions required by law to render detailed estimates in advance, under what is known as the "estimate system,” containing the names, titles of positions held or kind of service performed and rate of compensation of all officers and employees in the classified service with the certificate specified in section one hereof, shall be submitted to the Commission for certification before approval by the comptroller or other department having power of revision of such estimates and no vouchers for payments for services shall be received unless in accord with such estimate and the certificate of the Commission.

5 The secretary or assistant secretary of the Commission shall compare such payroll, estimate or account for services with the official roster and shall attach thereto or place thereon a certificate in form substantially as follows:

I hereby certify that the person (or persons) named in this (or the attached)

(payroll, estimate or account for services rendered to the state of New York containing .

names have been appointed or promoted to or employed in the positions or places and at the rates of compensation indicated in pursuance of the civil service law and the rules made in pursuance thereof as shown by the official roster of the state service except (here insert names in regard to which the payroll, estimate, or account disagrees with the official roster.)

Secretary of the State Civil Service Commission

The Commission may designate an employee in its office as assistant secretary, for the purpose of making certificates in such cases in the absence of the secretary.

6 Upon satisfactory evidence that, with intent to evade the provisions of law and of these rules, any person appointed to or employed in any position in the classified service has been assigned to perform duties other than those for which he was examined and certified, or under any title not appropriate to the duties

to be performed the Commission will refuse certification of such person for payment of compensation and remove his name from the official roster.

(Adopted May 4, 1899. Approved by the governor May 9, 1899.)

Rule XIV, promotions

Resolved, That the first paragraph of state civil service rule XIV be amended so as to read as follows:

1 Whenever a vacancy occurs in any position in the competitive class above the lowest grade in any group, the chief examiner shall forthwith arrange to hold a promotion examination limited to those persons who have for more than six months served with fidelity in the next lower grade in such group in the same office, department or institution, provided, that if there are no persons who have served with fidelity for six months in the next lower grade, or provided all persons in the next lower grade fail in any promotion examination, then all persons in the second lower grade who have served with fidelity for six months in the same group in the same office, department or institution, shall have the right to compete in said promotion examination. On the request of the appointing officer the Commission may permit persons occupying two or more of the next lower grades to compete for the promotion, reasons for such course being set forth in detail. Whenever after due trial it is found not practicable to fill a vacancy in any position through promotion in the manner herein prescribed, such vacancy shall be filled by original appointment through competitive examination in accordance with the provisions of subdivision one of rule VIII.

(Adopted July 11, 1899. Approved by the governor July 29, 1899.) Rule XXIII, causes for removal

Resolved, That state civil service rule XXIII be amended so as to read as follows:

To secure compliance with the provisions of civil service law prohibiting removals because of political opinions or affiliations, and in accordance with the further provisions regarding the removal of honorably discharged soldiers, sailors, and marines and exempt volunteer firemen, no removal of any person in the classified service of the state shall be valid unless and until a statement of the causes of such removal shall be filed with the Commission and a copy of the same furnished to the person sought to be removed and until such person has been afforded an opportunity to present an explanation in writing.

(Adopted July 11, 1899. Approved by the governor July 29, 1899.)

Rule XIV

Resolved, That the Commission recommend to the governor, for his approval, the following amendments to rule XIV:

Amend section 1 of rule XIV by inserting at the beginning thereof the words, “Except as otherwise provided in this rule" and add at the end of said rule two sections to read as follows:

9 When an appointing officer shall submit information in writing to the State Civil Service Commission showing that there is any person in his department whose services therein and whose experience and qualifications are of such a character that such person can better discharge the duties of the position in which there is a vacancy than any of the persons who are entitled to enter the promotion examination, the Commission shall direct an inquiry into the matter and if satisfied that the statements of the appointing officer are correct, may authorize the promotion of such person.

10 Whenever there is but one person entitled to promotion to fill a vacancy and willing to compete therefor, or whenever an appointing officer is desirous of promoting all the persons in a particular grade entitled to compete for promotion, such person or persons may be promoted to the next higher grade without examination upon a certificate of the facts and the approval of the Commission.

(Adopted September 27, 1899. Approved by the governor October 2, 1899.)

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