1

prison to another or as substitutes for regular officers who are necessarily absent engaged in this duty.

No person appointed under this rule, except those appointed as herein provided for the transfer of prisoners, shall be appointed temporarily a second time unless sixty days shall have elapsed since the termination of his previous term of temporary service, and every temporary appointment without examination must be reported to the commission within five days with the reason for the same.

Rule 35.

No person shall be appointed to any position in the civil service unless he is a citizen of the State and has been a resident thereof for at least one year previous to the date of his application or nomination. But this restriction shall not apply to the following positions in Schedule D, to wit: The first grade of subdivision four of class four; subdivision three of class five; the first grade of subdivision six of class six, and the first grade of subdivison eight, and the first grade of subdivision nine of class seven. Any other exceptions from such restriction made by special regulation of the commission shall be reported by it to the Legislature with the reasons therefor.

The maximum age for clerical position in Schedules B and C and prison guards and keepers in the State civil service classification, except honorable discharged soldiers and sailors, shall be fifty years at the time of application, and the minimum age for messengers, stenographers and type writers shall be eighteen years.

Rule 36.

In the selection, nomination or appointment of person to fill positions in Schedule B, C and D, or promotion of persons to positions in Schedule E, no regard shall be paid to the partisan political opinions, affiliations of action of any person selected, nominated appointed or promoted.

Rule 37.

No transfer or promotion shall be made from a position in a subdivision in any schedule to a position in another subdivision in that schedule, or to one in any other schedule except by virtue of the examination and certification prescribed under these rules for admission to such last-named subdivision. Transfer without examination may be made from a position in one department, office or institution to a similar position in another department, office or institution upon the mutual consent of the heads of the respective departments, offices or institutions.

Rule 38.

Any application for a position in the civil service, made in contravention of the provisions of the ninth or thirteenth section of the civil service act must be rejected.

Rule 39.

No question in any examination or proceeding, by or under the commission or examiners, shall call for the expression or disclosure of any partisan political opinion or affiliation of any person whatever, nor shall any discrimination be made by reason thereof; and the commission and its examiners shall discountenance all disclosure before either of them, of such partisan opinion of affiliation or by concerning any applicants for examination, or by or concerning any person on any register awaiting appointment or employment.

Rule 40.

Every original appointment or employment in the civil service shall be for a probationary term of three months, at the end of which time, if the conduct and capacity of the person appointed or employed shall have been found satisfactory, the probationer shall be absolutely appointed or employed, but otherwise his employment shall cease.

Every officer under whom any probationer shall serve during any part of such probation shall carefully observe the quality and value of the services rendered by such probationer, and shall report in writing, to the proper appointing officer, the facts observed by him, showing the character and qualifications of such probationer and of the service performed by him; and such reports shall be preserved on file.

Rule 41.

Every false statement knowingly made by any person on his application for examination, and every connivance by him at any false statement made in any certificate which may accompany his application, or any willful complicity by him in any fraud to improve his standing upon examination, shall be regarded as good cause for removal or discharge of such person during his probation.

Rule 42.

If for any sufficient reason it shall be impracticable to supply the names of persons who have passed a competitive examination in due season for any appointment or employment in any position in Schedule B, a provisional appointment may be made of a person who has passed a non-competitive examination under the direction and regulation of the commission; but the next report shall give the reason for such resort to non-competitive examination.

Rule 43.

\ 1. All persons having the power of appointment to or employment in any position in the civil service must give notice in writing to the commission of the name and place of residence of any person selected for appointment or employment in any position, of the rejection of any such person after probation, and of the transfers, promotions, resignations and removals, discharge or death of all persons serving under them, with the dates thereof.

2. Any officer who appoints, employs or promotes a person to or in a position in the civil service, the compensation for which is paid from the State treasury, or the account for which is subject to audit by the Comptroller, shall officially notify the Comptroller of such appointment, employment or promotion before certifying or rendering any account for the services of such person. Where the payment for the services in any position in the civil service is not payable from the State treasury, nor subject to audit by the Comptroller, the notification as above of any appointment, employment or promotion to or in such position, shall be duly made to the fiscal officer empowered by law to pay the account for such services.

Rule 44.

Persons who have been honorably discharged from the army or navy of the United States in the late war, and whose qualifications and fitness have been ascertained under these rules, by competitive examination, shall be preferred for appointments to positions in the civil service of the State over all other persons, though graded lower than the others so examined, and the persons thus preferred shall not be disqualified from holding any position in the civil service on account of their age, nor by reason of any physical disability, provided such age or disability does not render them incompetent to perform the duties of the position applied for.

When not more than three honorably discharged soldiers or sailors, whose qualifications and fitness have been ascertained by competitive examination under the rules, shall be on the eligible list at the time a requisition shall be made for an appointment, the names of all such soldiers or sailors with a specification of their respective grades in such examination, shall be certified to the appointing officer, but when more than three names of such honorably discharged soldiers or sailors shall be on the eligible list, there shall be certified for such appointment not more than two names in excess of the number of places to be filled, and in all such cases the appointment shall be made from among those, not exceeding three in number, thus certified, who

are graded highest as the result of competitive examination. (Chapter 410, Laws of 1884, amended by chapter 29, Laws of 1886.)

Rule 45.

Subject only to the qualifications required to be ascertained in accordance with these rules, the power of appointment and the responsibility of selection are in all cases in the appointing officer. The power to remove (existing by law) on the part of any officer is not impaired by anything contained in these rules.

Rule 46.

The commission will cause to be published at such regular periods as it may deem proper, a gazette of all appointments, promotions, resignations, removals and other changes in the civil service, and in ' case of appointment, may publish the names of the persons certifying the good character of the appointee.

Rule 47.

The commission will make appropriate regulations for carrying these rules into effect, and may prescribe blank forms for all applicacations, certificates, records and returns required under the rules or regulations made in pursuance thereof.

I have compared the preceding with the original rules for the civil service on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original rules. Given under my hand and seal of office of the Secretary of State, at the city of Albany, this eighth day of July, in the year one thousand eight hundred and eighty-four.

JOSEPH B. CARR,

Secretary of State.

GENERAL REGULATIONS

OF THE

NEW YORK CIVIL SERVICE COMMISSION.

THE CHIEF EXAMINER.

1. The chief examiner shall, so far as practicable, attend the examinations held by the several boards of examiners for positions in Schedule B and C.

He shall take care to secure accuracy, uniformity and justice in the proceedings of all examiners and boards of examiners under the rules. and regulations, and such proceedings and all papers appertaining thereto shall at all times be open to him. He shall also from time to time inspect the proceedings and papers connected with examinations for the civil service of cities held pursuant to the eighth section of the Civil Service Act, and shall make report of such inspections to the commission.

2. He shall prepare and submit to the commission proper schemes for examinations, and forms for blanks and records.

He shall take care that the rules and regulations are complied with, and shall bring any case of their infraction, or of injustice or irregularity observed by him to the attention of the commission. It shall be his duty, from time to time, to confer with the heads of departments, offices and institutions in the State service, concerning the regularity, efficiency and convenience of the examinations for the service under them. He shall perform such other appropriate duties as may be specified in these regulations, or otherwise assigned to him by the commission.

THE SECRETARY.

3. The secretary shall keep the minutes of the proceedings of the commission, and have charge of and be responsible for the safe-keeping of the books, records, papers and other property in its office. He shall make the proper certification of those eligible for appointment or employment in positions in Schedule B and C. He shall generally conduct the correspondence of the commission and perform such other appropriate duties as it may assign to him.