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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

prescribed pursuant to the provisions of the Civil Service Law until he has passed an examination, or is shown to be especially exempted from such examination, in accordance with such rules and the provisions of the Civil Service Law.

3. No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to or assigned to perform the duties of any position subject to competitive examination, unless he shall have previously passed an open competitive examination equivalent to that required for such position, or unless he shall have served with fidelity in a similar position for at least three years next prior to the passage of the Civil Service Law.

4. Appointments to positions in the State service the duties of which are confined to a locality outside of Albany county shall so far as practicable be made from residents of the judicial district including such locality.

Rule V. The Exempt Class. The following positions shall be included in the exempt class:

1. The deputies of principal executive officers authorized by law to act generally for and in place of their principals.

2. One secretary of each officer, board and commission authorized by law to appoint a secretary.

3. One clerk, and one deputy clerk, if authorized by law, of each court, and one clerk of each elective judicial officer.

4. All unskilled laborers and such skilled laborers as are not included in the competitive class or the noncompetitive class.

5. All such other subordinate positions as the Commission may deem it impracticable to fill by competitive or noncompetitive examinations.

No office or position shall be deemed to be in the exempt class unless it is specifically named in this rule, nor shall more than one appointment be made to or under the title of any such office or position, unless a different number is specifically mentioned in this rule.

In the office of the Governor:

The secretary to the Governor.
The military secretary.
The pardon clerk.
The appointment clerk.
The stenographer to the Governor.
The stenographer to the secretary.
The Governor's special messenger.

In the office of the Secretary of State:

The deputy.
The chief clerk.
The stenographer to the Secretary.
The cashier and bookkeeper.

In the office of the Comptroller:

The deputy.
The confidential clerk.
The stenographer to the Comptroller.
Two corporation tax commissioners.
Four special corporation tax commissioners.

The chief of the Bureau of Charitable Institutions.
The State Prison Lands agent.
The custodian of the Saratoga Battle Monument.

In the office of the Treasurer:

The deputy.
The chief clerk.
The cashier.
The assistant cashier.

In the office of the Attorney-General:

Six deputies.
The confidential clerk.
The stenographer to the Attorney-General.
The special messenger.

In the office of the State Engineer and Surveyor:

The deputy.
Three division engineers.
One financial clerk for each of the division engineers.
The confidential clerk.
The stenographer to the State Engineer.

In the Insurance Department:

Three deputy superintendents.
The cashier.
The confidential clerk.
The stenographer to the Superintendent.
The stenographer to the first deputy superintendent.

In the Banking Department:

The deputy superintendent.
The confidential clerk.
The stenographer to the Superintendent.

In the Department of Public Instruction:

The deputy superintendent.
The supervisor of institutes.
Five conductors of institutes.
Four assistant conductors of institutes.
The confidential clerk.
The inspector of normal schools.

In each State Prison:

The agent and warden.
All chaplains.

In the Prison Department:

The electrician and his assistant for the purposes of electrocution.

In the Court of Appeals:

The clerk.
The deputy clerk.
The reporter.
Three law examiners.
Six clerks.
Four stenographers.
Five attendants.

In the office of the Railroad Commission:

The secretary.
The inspector.
The examiner.

In the office of the Prison Commission:
The secretary.

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