APPENDIX G 1 OPINIONS OF THE ATTORNEY GENERAL--1898 2 DECISIONS of the Supreme Court and Court of APPEALS--1898 Opinions of the Attorney General-1898 CIVIL SERVICE-CITIES OF THE STATE-FITNESS EXAMINATIONS-It is the evident intention of the legislature and the Governor, as expressed in chapter 186, laws of 1898, to return to the original plan of examinations in cities. Chapter 428, laws of 1897, so far as it provides for separate fitness examinations in the civil service of cities is repealed. STATE OF NEW YORK ATTORNEY GENERAL'S OFFICE ALBANY, June 22, 1898 CLARENCE B. ANGLE, Secretary New York Civil Service Commission, Albany, N. Y. Dear Sir:-Replying to your request that I furnish the Civil Service Commission of the state with my opinion concerning chapter 186, laws of 1898, more especially with reference to what effect it may have upon the provisions of chapter 428, laws of 1897, requiring examinations for both merit and fitness in the cities of the state, I have the honor to make the following suggestions: The policy of the legislature in enacting the civil service law (chapter 354, laws of 1883) was to provide, as far as conditions of good administration would warrant, for open competitive examinations for determining the qualifications of persons desiring to enter the public service; and for non-competitive examinations when competitive were not praticable. This statute provides for arranging various offices and employments in classes, and declares that these places shall be filled, in case of competitive examinations, from among those graded highest. The Governor is at the head of the Civil Service Commission of the state, and the mayors of the several cities, by virtue of the original act, held substantially the same relations to the civil service commissions of their respective municipalities. The general plan of the law was to have, as far as practicable, an open competitive examination under the supervision of the Civil Service Commissioners of the state or cities in accordance with the positions to be filled. The statute exempts certain offices and places from its requirements, and the rules and regulations which have been promulgated by the various civil service commissions authorize certain appointments to be made without a preliminary examination upon the theory that as to those places examinations are not practicable. This general plan to which I have referred requiring one open competitive examination to be held under the supervision of a Civil Service Commission remained in full force until the passage of chapter 428, laws of 1897, which went into effect. May 15, 1897, and requires two examinations for appointments and promotions in the civil service of the state and the cities. thereof; one to be held by the civil service commissioners or an examining board, the other by the person holding the power to make the appointment or promotion, or by some person or board designated by him. This act, although an independent statute, may fairly be considered as supplementary to, or in a certain sense, amendatory of the general civil service law, and requires two, instead of one civil service examination. Chapter 186, laws of 1898, went into effect March 31, and amends sections 8 and 13 of the original civil service act. Section 8 now reads in part as follows: "The mayor of each city in this state shall appoint and employ suitable persons to prescribe, amend and enforce regulations for appointments to and promotions in the civil service of such city, and for classifications and examinations therein; and for the registration and selection of laborers for employment therein, not inconsistent with the constitution and the provisions of this act. The regulations so to be prescribed shall, among other things, provide and declare as in the second subdivision of the second section of this act is provided and declared in reference to regulations for admission to the civil service of the state. Within two months after the passage of this act, it shall be the duty of each of said mayors in and by such regulations to cause to be arranged in classes |