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CIVIL SERVICE RULES, APPROVED JUNE 3,

1899

Rule I. Definition of Terms.

The several terms hereinafter mentioned, whenever used in these rules or in any regulations thereunder, shall be construed as follows:

1. Chapter 370 of the Laws of 1899 shall be known as "The Civil Service Law."

2. The term "Commission " or "State Commission " means the State Civil Service Commission.

3. The term "municipal commission " municipal civil service commission of a city.

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4. The "civil service" of the State of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the State or of such civil division or city, except such offices and positions in the militia and the military departments as are or may be created under the provisions of article XI of the Constitution.

5. The "State service" shall include all such offices and positions in the service of the State, or of any of its civil divisions, except a city.

6. The "city service " shall include such positions in the service of any city.

7. The term "appointing officer" signifies the officer, commission, board or body having the power of appointment to subordinate positions in any office, court, department, commission, board or institution.

8. The term "Class" refers to the divisions of the classified civil service based upon the distinctive methods of appointment to the positions comprehended therein.

9. The term "Group" refers to the divisions in a class based upon the character of the duties of the positions, without regard to the salaries received.

10. The term "Subdivision" refers to the divisions of positions in a group more specially arranged according to details for the purpose of examinations, identical in whole or in part.

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II. The term Grade" refers to the divisions of any group or subdivision upon the basis of salary or compensation received.

12. The word "Compensation" shall be construed as the annual salary of the position or its equivalent when stated by the day, week or month, and shall include proper commutation for lodgings and board, or either, when the same are furnished free as a part of such compensation, and such rate of commutation shall be fixed by regulation of the Commission.

13. The term "Veterans" refers to honorably discharged soldiers and sailors from the army and navy of the United States, in the late civil war, who are citizens and residents of this State.

14. The terms "laborer" and "unskilled laborer" are used synonymously and shall be construed as applying only to persons employed as ordinary laborers, and shail not include mechanics, artisans, tradesmen and other skilled laborers, and no person shall be deemed a "laborer" who receives a compensation greater than two dollars for each day of actual service or sixty dollars per month.

15. The masculine pronoun "he" and its derivatives. shall include the feminine pronoun "she" and its derivatives.

16. Whenever in these rules there is a direction that the Commission shall report any matter to the Legislature it shall be construed as referring to the next ensuing annual report of the Commission to the Legislature, as required by law.

Rule II. General Provisions.

I. The. violation of any of the provisions of the Civil Service Law or of these rules by any person in the civil service of the State or of any civil division or city thereof shall be considered a good cause for the dismissal of such person from the service.

2. No person in the civil service of the State or of any civil division or city thereof shall use his official authority or influence to coerce the political action of any person or body; or shall dismiss or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner. change the official rank or compensation of, any person in such service, because of his political opinions or affiliations.

3. No question in any examination, or form of application or other proceeding by or under the State Commission or any municipal commission or their examiners. shall be so framed as to elicit information concerning, nor any other attempt be made to ascertain the political opinions or affiliations of any applicant, competitor or eligible, and all disclosures thereof shall be discountenanced by the Commission and its examiners. And no discrimination shall be exercised, threatened or promised against or in favor of any applicant, competitor or eligible, because of his political opinions or affiliations.

4. No recommendation of an applicant, competitor or eligible involving any disclosure of his political opinions.

or affiliations shall be received, filed or considered by the Commission, by an examining board, or by any nominating or appointing officer.

5. No appointment or selection to or removal from an office or employment within the scope of any rules established under the Civil Service Law shall be in any manner affected or influenced by any political opinions or affiliations.

6. No person in the civil service of the State or of any civil division or city thereof shall be obliged to contribute to any political fund or to render any political service; nor shall any such person, directly or indirectly, use his authority or official influence to compel or induce any other person in such service to pay or promise to pay any political assessment, subscription or contribution.

7. In making removals or reductions, or in imposing penalties for delinquency or misconduct, in the State service or city service penalties like in character shall be imposed for like offenses and action thereon shall be taken irrespective of the political opinions or affiliations of the offenders.

Rule III. Classification of the State Service.

I. The civil service of the State and of each of its civil divisions shall be divided into the unclassified service and the classified service.

2. The unclassified service shall comprise all elective offices; all offices filled by election or appointment by the Legislature on joint ballot; all persons appointed by name in any statute; all legislative officers and employees; all offices filled by appointment by the Governor, either upon or without confirmation by the Senate, except officers and employees in the executive offices; all election officers; the head or heads of any department of the gov

ernment; and persons employed in or who seek to enter the public service, as superintendents, principals or teachers in a public school or academy or in a State normal school or college.

3. The classified service shall comprise all positions not included in the unclassified service and shall be arranged in three classes: the exempt class, the competitive class, and the noncompetitive class.

4. The classification by or under these rules in the competitive class of any position previously exempt from examination or subject to noncompetitive examination, shall not be deemed to confer upon the person holding such position at the time of such change in classification any right or privilege of transfer or promotion to a position in the competitive class under these rules.

5. If at the time of promulgation of these rules there are in any office, department or institution more persons holding any position classified hereby in the exempt class than the number specified in such class by these rules, no further appointments shall be made under such exemption until the number of such persons in the service in said position shall have fallen below the number so specified.

Rule IV. Appointments to and Employment in the Classified Service.

1. In pursuance of the provisions of section 9 of article V of the Constitution and of the Civil Service Law there shall be provided, to ascertain merit and fitness for admission to the classified service, examinations to be made under the general direction of the Commission.

2. No person shall be appointed to or employed in any position in the classified service of the State or of any city or political division thereof for which rules have been

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