Municipal Civil Service Rules The Ahearn and McCarren Laws Relating and the Ford Franchise Tax Law PASSED BY THE LEGISLATURE OF 1899 FIFTH EDITION PUBLISHED BY THE BROOKLYN DAILY EAGLE Entered at the Brooklyn-New York Post Office as Second Class Matter. Vol. XIV, No. 3 of the Eagle Library, THE CIVIL SERVICE LAW OF NEW YORK STATE. ADOPTED IN 1899. AN ACT in Relation to the Civil Service of the State of New York and the Cities and Civil Divisions thereof. The People of the State of New York, rep- | officers, cleràs and examiners as it may deemable rules and regulations for carrying into resented in Senate and Assembly, do enact as necessary or prope. to carry out the pur- effect the provisions of this act and of secfollows: poses of this act, and ch employes shall tion nine of article five of the constitution Section 1. Short title-This chapter shall be hold office during the pleasure of the commis- of the State of New York, as herein provided. known as the civil service law. sion. The chief examiner shall be entitled The rules prescribed by the State and muSec. 2. Definitions-When used in this to receive a salary at the rate of three thou- nicipal commissions pursuant to the provichapter. sions of this act shall have the force and effect of law. 1. The term "Commission" or "State commission" means the State Civil Service Commission. 2. The term "municipal commission" means the municipal civil service commission of a city. 3. 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 eleven of the Consti tution. 4. 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. 5. The "city service" shall include such positions in the service of any city. 6. 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. Sec. 3. State civil service commission-The governor is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same political party, as civil service commissioners, and said three commissioners shall constitute the State civil service commission. They shall hold no other official place under the State of New York. The governor may remove any commissioner and any vacancy in the position of commissioner shall be so filled by the governor, by and with the advice and consent of the Senate as to conform to said conditions for the first selection of commissioners. The three commissioners shall each receive a salary of two thousand dollars a year, and each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. Sec. 4. Officers and employes of the commission-The commission may elect one of its members to be president and may employ a chief examiner, a secretary and such other sand six hundred dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The secretary and other officers, clerks and examiners shall receive salaries to be fixed by the commission, and the secretary shall also be paid his necessary traveling expenses incurred in the discharge of his duty. The commission may select suitable persons in the official service of the State or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as examiners under its direction. Persons so selected shall be entitled to compensation from the commissioin for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in the case of special and expert examiners employed in the preparation of questions and rating of candidates; the commission shall not expend or authorize the expenditure of moneys for any purpose in excess of the sums appropriated therefor by law. Sec. 5. Rooms and accommodations-It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated and lighted, at the capitol in the City of Albany, for carrying on the work and examinations of said commission, and said commission may order the necessary stationery, postage stamps, en official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the duty of the officers of the State of New York or of any civil division thereof, at any place where examinations are directed by the commission or its rules to be held, to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same. Sec. 6. The powers and duties of the commission-The State civil service commission shall Second. Keep minutes of its own proceedings and records of its examinations and other official action. Third. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisjons of this aci and the rules and regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission and any person in the public service, in respect to the execution of this act, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths. Fourth. Have power to subpena and require the attendance in this State of witnesses and the production thereby of books and papers pertinent to the investigation and inquiries hereby authorized and to examine them and such public records as it shall require in relation to any matter which it is required to investigate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legislative law upon a committee of the Legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the State to compel the attendance and testifying of witnesses and the production thereby of books and papers as aforesaid. Fifth. Make an annual report to the governor for transmission to the Legislature, showing its own action, the rules and regulations and the exceptions thereto in force, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Sixth. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum. Sec. 7. Duties of public officers-It shall be the duty of all officers of the State of New York or of any city or civil division thereof to conform to and comply with and to aid in First. Prescribe, amend and enforce suit- all proper ways in carrying into effect the provisions of this act, and the rules and regulations prescribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, promotion or reinstatement except in accordance with the provisions of this act and the rules and regulations prescribed thereunder. Any person employed or appointed contrary to the provisions of this act or the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint, him, the compensation agreed upon for any services performed under such appointment or employment, on in case no compensation is agreed upon, the actual value of such services, and any expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the State or any of its civil divisions for any sums so paid or recovered in any such action. munici tinue in effect only upon the approval of the tion conferred shall not be so exercised as to Said town, Kingston, Lockport, Malone, Middletown, either these reports, or a sufficient abstract Newburgh, New York, Ogdensburg, Olean, or summary thereof, to give full and clear inA copy of Oneonta, Oswego, Plattsburg, Poughkeepsie, formation as to their contents. Utica and the roster of the classified civil service of Rochester, Saratoga, Syracuse, Watertown; and shall cover in each place all such city shall be transmitted to the Stat offices and positions for which competitive commission with the annual report aforesaid, examinations are required, except such ex- and shall be filed in the office of said comaminations as require special tools, machin- mission as a public record. The mayor may ery, appliances or laboratory facilities. at any time remove any municipal civil serSec. 10. The classified city service-The vice commissioner appointed by him. mayor of each city in this State shall ap- State commission may also, by unanimous point and employ suitable persons to prescribe, vote of the three commissioners, with the amènd and enforce rules for the classification written approval of the governor, remove any of the offices, places and employments in the municipal civil service commissioner appointclassified service of such city, and for appoint- ed or employed under the authority of this ments and promotions therein and examinasection, for incompetence, inefficiency, negtions therefor; and for the registration and select of duty or violation of the provisions of lection of laborers for employment therein, this act, or of the rules and regulations in not inconsistent with the constitution and the force thereunder, or of any of them, specifyprovisions of this act and shall amend the ing in writing the particulars of the incomsame from time to time. Such persons shall petency, inefficiency, neglect of duty, or viobe municipal civil service commissioners and lation charged, and filing the same as a public constitute the shall municipal civil serdocument in the office of the city clerk, or if vice commission of such city. All ap- there be no city clerk, in the office of the or designations of pointments clerk of the board of aldermen, and a certipal civil service commissioners shall be fied transcript thereof in the office of the Sec. 8. Unclassified service; classified serv-made in such manner that not more than twoState civil service commission, first giving Ice-The civil service of the State and of thirds of such commissioners in any city shall him an opportunity to make a personal exeach of its civil divisions and cities shall be at any time be adherents of the same politi-planation in self defense. Said State commisdivided into the unclassified service and the cal party. Such rules herein prescribed and sion may at any time, by unanimous vote of classified service. The unclassified service established and all regulations now existing the three commissioners, amend or rescind shall comprise all elective offices; all offices for appointment and promotion in the civil any rule, regulation or classification prefilled by election or appointment by the Leg-service of said city and any subsequent modscribed under provisions of this section, proislature on joint ballot; all persons appointedification thereof, whether prescribed under the vided that said State commission shall state by name in any statute; all legislative officers authority of a general law or of any specia! the reasons for such action in writing, and and employes; all offices filled by appoint- or local law, shall be valid and take or confile the same and a certified transcript therement by the governor, either upon or withof as a public document as herein before proout confirmation by the Senate, except officers vided, and give an opportunity to the municand employes in the executive offices; all ipal civil service commissioners concerned to election officers; the head or heads of any make a personal explanation and to file department of the government, and persons take from any policeman or fireman any right papers in opposition to such action. The said employed in or who seek to enter the public or benefit conferred by law or existing under State commission, however, shall not take service as superintendents, principals or any lawful regulation of the department in teachers in a public school or academy or in which he serves. All examinations herein such action upon any ground other than that the provisions or purposes of this act are not a state normal school or college. The classi-authorized shall be public, and all rules shall fled service shall comprise all positions not be published, and, with all the proceedings properly or sufficiently carried out by such included in the unclassified service. All ap- and papers connected with said examinations, rule, regulation or classification, nor without pointments or employments in the classified shall be at all times subject to the inspection specifying in writing and detail in what parservice shall be for a probationary term not of said State commission and its agents; and ticular such provisions or purposes are not exceeding the time fixed in the rules. sald commission shall set forth in its reports carried out, nor shall said State commission exempt from competitive examination any Sec. 9. Rules for the classified State service the character and practical effects of such ex-Within one month after the passage of aminations, together with its views as to the position, or place of employment in any city without the consent of the municipal commisthis act the commission shall make rules improvement and extension of the same, and sion of such city. for the classification of the offices, places and also copies of all rules made under the auemployments in the classified service of the thority hereby conferred. Subject to the State, and thereafter from time to time rules provisions of this act and of said rules, the for the classification of the offices, places and municipal commission of any city shall make employments in such other civil divisions regulations for and have control of examthereof, except cities, as after due inquiry Inations and registration for the service of by the commission shall be found practicable, such city and shall supervise and preserve and for appointments and promotions therein the records of the same. In case, for any and examinations therefor, not inconsistent reason, the mayor of any city within sixty with the constitution and the provisions of days after he has the power to appoint, fails this act, and shall amend the same from to appoint such municipal commissioners, the time to time. No examination or registra- State commission shall appoint them to hold tion shall be required of persons to be em- office until the expiration of the term of the ployed as laborers in the state service. Such mayor then in office and their successors are rules and any modifications thereof shall appointed and qualify. It shall be the duty take effect when approved by the governor. of such persons to prepare and to procure the Due notice of the contents of such rules, and approval of the rules herein provided for, of any modifications thereof, shall be given and, if they fail to do so within sixty days by mail to appointing officers and heads of after their appointment the State commission departments affected thereby, and such rules shall forthwith make said rules. It shall be shall be printed for public distribution. Sub- the duty of such persons to make reports ject to the provisions of this act and of the from time to time to the State commission, rules established thereunder the commission whenever said commission may request, of the shall make regulations for and have control manner in which this law, and the rules and of examinations for the service of the State regulations thereunder, have been and are and the civil divisions thereof, except cities, administered, and the results of their adminand shall supervise and preserve the records istration in such city, and of such other matof the same, but such examinations shall be ters as said commission may require, and anheld at least once a year in each of the fol-nually on or before the fifteenth day of Janlowing places: Albany, Amsterdam, Auburn, uary, to make such a report to said commisBinghamton, Buffalo, Dunkirk, Elmira, Gen- sion; and it shall be the duty of said State va, Hornellsville, Ithaca, Jamestown, Johns-commission in its annual report to set out Sec. 11. Classification.-The offices and positions in the classified service of the State or of any city or civil division thereof for which civil service rules shall be established pursuant to this act, shall be arranged in four classes to be designated as the exempt class, the competitive class, the non-competitive class and, in cities, the labor class. Sec. 12. The exempt class.-The following in the exempt positions shall be included class: 1. The deputies of principal executive offcers 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. In the State service, all unskilled laborers and such skilled laborers as are not included in the competitive class cr the noncompetitive class; and in addition thereto there may be included in the exempt class all other subordinate offices for the filling of which competitive or non-competitive examination may be found to be not practicable. But no office or position shall be deemed to be in the exempt class unless it is specifically named in such class in the rules, and the reg THE CIVIL SERVICE LAW OF NEW YORK STATE, 1899. commissions may require in connection with qualifications of the .person promoted, as sons for each such exemption shall be stated refuse to examine an applicant, or after ex- existing from which appointment may be made. 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 for at least three years in a similar position. 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. The examinations shall be public and shall be practical in their character and shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed. Such commissions shall prepare lists of preliminary requirements and subjects of examination for the several positions or groups of positions in the competitive class and shall publish its rules and such information, and advertise such examinations in such manner as the nature of the examinations may require. Each of such commissions shall require intending competitors to file in its office a reasonable length of time before the date of any examination, a formal application in which the applicant shall state Ader oath: 1. His full name, residence and post office address. ception or fraud in his application, in his shown by his previous service. due weight being given to senority. For the purposes of this section an increase in the salary or other compensation of any person holding an office or position within the scope of the rules in force hereunder beyond the limit fixed for the grade in which such office or position is classified, shall be deemed a promotion. No promotion, transfer or reinstatement shall be made from a position in one class to a position in another class unless the same be specially authorized by the State or municipal commission, nor shall a person be promited or transferred to a position for original entrance to which there is required by this act of the rules an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person, unless he shall have passed the examination or attained & place upon the eligible list for such higher position. Sec. 16. The non-competitive class-The non-competitive class shall include such positions as are not in the exempt class or the labor class and which it is impracticable to include in the competitive class. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is prescribed by the rules. Sec. 14. Exceptions from Competitive Examination.-Positions in the competitive class, may be filled without competition as follows: Sec. 17. The labor class in cities-The labor 1. Whenever there are urgent reasons for class in cities shall include unskilled laborers filling a vacancy in any position in the com- and such skilled laborers as are not included petitive class and there is no list of persons in the competitive class or the non-competieligible for appointment after competitive ex- tive class. Vacancies in the labor class in amination, the appointing officer may nomi- cities shall be filled by appointment from lists nate a person to the State or municipal comof applicants registered by the municipal mission for non-competitive examination, and commissions. Preference in employment from if such nominee shall be certified by such such lists shall be given according commission as qualified after such non-com- to date of application. There shall petitive examination, he may be appointed be provisionally to fill such vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue for a longer period than two months in the State service, or one month in any city, nor shall successive temporary appointments be made to the same position under this subdivision. 2. In case of vacancy in a position in quired; and upon satisfactory evidence that or separate lists of applicants for different kinds of labor or employment, and the commissions may establish separate labor lists for various institutions and departments. Where the labor service of any department or institution extends to separate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for registration for the labor service to furnish such evidence or pass such exmination as they may deem proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies. Sec. 18. Official roster; reports of appoint'ng officers-No person shall be appointed to or employed in any position in the classified service of the State or of any city or civil division thereof for which rules have been prescribed pursuant to the provisions of this act, until he has passed an examination or is shown to be especially exempted from such examination in conformity with such rules and the provisions of this act. It shaii be the duty of each appointing officer of the State or any such civil division thereof, except cities, to report to the State civil service commission forthwith upon such appointment or employment the name of such appointee or employe, the title and character of his office or employment, the date of the commencement of service by virtue thereof and the salary or compensation thereof, and to report from time to time and upon the date of offcial action in or knowledge of each case, any separation of a person from the service, ing positions in a lower grade in the depart- or other change therein, and such other inment, office or institution in which the vaformation as the commission may require, in cancy exists. Promotions shall be based upon order to keep the roster hereinafter menmerit and competition and upon the superiortioned. The commission shall keep in ita 3. When the services to be rendered by an appointee in the State service are for a temporary period not to exceed one month and the need of such service is important and urgent, the appointing officer may select for such temporary service any person on the proper list of those eligible for permanent ap4 His right of preference by reason of mili-pointment without regard to his standing on tary or naval service. such list. 2 His age, the place and date of his birth. 3 His health and physical capacity for the public service. 5. His business or employment, and resi- Sec. 15. Promotion, transfer, reinstatement, dence for at least the previous five years. reduction-Vacancies in positions in the com6. Such other information as may reasona-petitive class shall be filled, so far as practibly be required touching the applicant's cable, by promotion from among persons holdmerit and fitness for the public service. Blank forms for such applications shall be furnished by said commissions without charge to all persons requesting the same. Such |