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New legislation is apparently required to provide for the civil service administration in the counties of the state or such of them as have sufficient employees to make it desirable to prescribe rules and examinations.

The present legislation would seem to be sufficient to give the Commission and the governor jurisdiction over the subordinate positions in the legislative service. In that particular the law is broader than the similar United States statute.

The Classification

We come now to consideration of the classification and would preface our discussion of it by the statement that our experience has convinced us that there is no subordinate position in the state service which cannot be filled satisfactorily through open competition in accordance with the requirements of the constitution. There are, of course, exceptions to this broad statement, but they are mainly the cases of particular individuals and each should be decided on its own merits without being included in the classification. Aside from the legally authorized deputies of certain officers most of the positions now included in class I as exempt from examination should be placed in the competitive class; in particular the exemption of the "confidential examiners" in the departments of insurance and banking is too broad. It may be necessary to have certain examiners exempt, but it is. certainly not necessary to have all the employees in these departments exempted under the designation of "confidential examiners," as practically results now. Every case of an exemption of a confidential clerk or stenographer should be investigated as to its necessity and propriety. The clerical positions in the military departments ought to be included in any complete classification. These persons do not perform military service and they are a part of the civil service. It would also be perfectly practicable to hold proper examinations and provide lists of candidates for employment in the subordinate positions in the legislative service. The examinations now conducted are in most cases extremely practical in character and it is possible to satisfactorily

fill many positions through examination which could not formerly be so filled.

We believe that this statement, though somewhat hurriedly prepared, covers in the main the information you requested. If further information or explanations are desired we remain at your command.

Respectfully submitted

CLARENCE B. ANGLE

Secretary

CHARLES S. FOWLER

Chief Examiner

Chief Examiner's Annual Report

ALBANY, N. Y., December 31, 1898

The New York Civil Service Commission, Albany, N. Y.

Gentlemen.-I have the honor to submit the following report of civil service examinations held during the past year:

Competitive Examinations.

The number of candidates examined in competitive merit examinations during the past year is 3,072 against 3,587 in 1897 and 3,829 in 1896. The number of applications received is 3,124 against 3,908 in 1897 and 5,108 in 1896. These figures show that a substantial decrease has taken place in the number of applicants and in the number examined. This is perhaps attributable in some degree to the gradual improvement in business conditions, but I believe is mostly due to the workings of the new civil service law of 1897, providing for double examination for merit and fitness. This law has operated to decrease the number of applicants in two ways. First, candidates have been discouraged by a knowledge of the great expense and trouble involved in taking the two examinations. After taking the trouble and bearing the expense of attending the examinations prescribed by the Civil Service Commission, candidates have repeatedly been summoned to far distant points in the state to undergo fitness examinations, and the trouble and expense involved have made it impossible for many to conform to this requirement, and not only have many desirable applicants been deterred from attempting civil service examinations at all, but appointing officers have in several instances been entirely unable to fill vacancies through a fitness examination merely because not enough candidates presented themselves to supply the existing vacancies. Second,

the conduct of appointing officers in their fitness examinations. has produced a belief among applicants that it is useless to appear for fitness examination, as the appointee has usually been chosen before the examination is held. Many complaints and criticisms to this effect are received by the Commission.

This law has operated almost universally to destroy the preference granted by other laws to veterans of the civil war, and I recall no case in which a veteran has been appointed after a fitness examination, although there have been many cases in which the merit lists certified to appointing officers have contained the names of veterans.

The ostensible object of the law of 1897, and the only good reason for its enactment, was to secure to the departments interested some participation in examinations. Such co-operation ought to be secured under proper regulation in all special examinations held for the benefit of particular departments only. It has been prevented in the past by two causes: First, because the Commission and its officials have feared that charges of unfairness and favoritism would result if the interested departments were given a part in the framing or conduct of examinations; and, second, by the provision of the law which prevents persons in the employ of the state in any capacity from receiving compensation for extra work performed in civil sérvice examinations. The employees of other departments have been, or have been assumed to be, unwilling to perform extra work for which they could not obtain extra compensation and the chief examiners have been unwilling to ask for such assistance when it could be avoided. I think a proper provision, either in the law or in the rules, might be framed, giving to appointing officers the right of representation upon examining boards by the designation either of employees in their respective departments or of persons not in the official service, such persons when employed on civil service examinations to become subject to and to draw pay from the Civil Service Commission. I have as far as possible availed myself of the services of examiners suggested by the various departments in framing and conducting such special ex

aminations. In many cases, however, the best and the only really competent assistance would be that of persons employed in the departments, and such persons cannot be paid for their services.

The number of separate competitive examinations held and reports made during the year is 164, as appears by the table hereto annexed.

In determining the character of merit examinations I have followed the precedents established by former usage, and have continued my efforts in all cases to adapt the subject-matter of the examination to the duties of the position and to test so far as possible the capacity of candidates for the work they were to undertake. In examinations where experience and capacity in some particular employment or trade is of great importance, I have adopted a plan of sending letters of inquiry to the persons named by the candidates as prior employers and other persons well acquainted with their experience and character. Although at first somewhat doubtful of the efficacy of the plan, I am convinced that it is in many cases a valuable aid in estimating the true value and character of the candidate's experience. Fully ninety per cent of the letters are returned and in almost all cases the answers are cheerfully given with an evident desire to aid the Commission in improving the service.

Many new kinds of examination have been given, among which I call attention to the following:

Assistant actuary, Department of Insurance.
Storekeeper, State hospitals and institutions.

Traveling agent, to collect samples of fertilizers, Agricultural Experiment Station.

Assistant commissioner of agriculture.

Inspector under the compulsory education law, Department of Public Instruction.

Physician, Auburn Prison.

Instructor in freehand drawing and clay modeling, Elmira Reformatory.

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