office an official roster of the classified civil service of the State and of each of the civil divisions thereof for which rules have been prescribed pursuant to this act, except cities, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, promoted or reinstated in the service in conformity with the provisions of law and the rules prescribed pursuant to this act. The official roster shall show opposite or in connection with each name the date of appointment, employment, promotion or reinstatement, the compensation of the position, the date of commencement of service and date of transfer in or separation from service by dismissal, resignation, cancellation of appointment or death. In like manner the municipal commission of each city shall keep in its office an official roster of the classified civil service of such city, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, or employed, promoted or reinstated in the service in confor to mity with the provisions of law and of the one year before the commencement of the ac- Sec. 20. Preferences allowed honorably dis- dates of their several applications, as though or such city or civil division thereof, for the Sec. 21. Power of removal limited-Every person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employment in the State of New York or in the several cities, counties, towns or villages thereof, who is an honorably discharged soldier, sailor or marine, having served as such in the Union Army or Navy during the War of the Rebellion, and who is an honorably dis with the right to such employe or appointee Sec. 22. Misdemeanor to obstruct right of fied, pursuant to the provisions of this act, or aid in so doing, or who shall wilfully make any false representations concerning the same, or concerning the person examined, or who shall wilfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances tified, or to be examined, registered or certiof any person so examined, registered or cerfiled, or who shall personate any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration, or application or request to be examined or registered, shall for each offense be deemed guilty of a misde meanor. Sec. 23. Recommendations for appointment or promotion-No recommendation or question under the authority of this act shall relate to the political opinions or affiliations, of any person whatever; and no appointment or selection to or removal from an office or em ployment within the scope of the rules established as aforesaid, shall be in any manner affected or influenced by such opinions or affiliations. No person in the civil service of the State or of any city or civil division thereof, is for that reason under any obligation to contribute to any political fund or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. No person in said civil service shall discharge or promote or reduce or in any manner change the official rank or compensation of any other person in said service, or promise to threaten so to do for giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election. ed as such in the volunteer army or navy THE CIVIL SERVICE LAW OF NEW YORK STATE, 1899. ity or influence, directly or indirectly, in nor an attempt at bribery. Every person found fluence to compel or induce any other officer, promise, or threaten to use any such author- this section shall be deemed guilty of a misdemeanor. Sec. 25. Officers or candidates not to promise influence, et cetera; "public officer" and "public employee" defined.-Whoever, while holding any public office, or in nomination for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated) in the way of conferring upon any person; or in order to secure or aid any person in securing any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer, shall corruptly use, or Sec. 26. Attendance of witnesses; feesWitnesses and officers to subpena and secure the attendance of witnesses before said commission, shall be entitled to the same fees as are allowed witnesses in civil cases in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of the commission, and duly proved by affidavit or otherwise to the satisfaction of the said comptroller; and all State, county, town, municipal and other officers and their deputies, clerks, subordinates and employes shall afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission. 5 Sec. 28. Saving clause-All rules, regulations and classifications for appointment or promotion in the civil service of the State or any city or civil division thereof, not inconsistent with the provisions of this act, established with the approval of the governor or the State commission under authority of law prior to the passage of this act, shall continue in full force and effect until annulled or amended pursuant to the provisions of this act; and the State civil service commissioners and the municipal civil service commissioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such examination, shall be continued in full force and effect as if formed under the provisions of this act, subject, however, to such reasonable regulation and revision as the rules shall prescribe. Sec. 29. Repeal-Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promotion in the civil service of the State or any civil division thereof, inconsistent with the provisions of this act are hereby repealed; provided, however, that any act done or right accrued or acquired, or liability, accruing, penalty or punishment incurred prior to the passage of this act shall not be affected or impaired; but the same may be asserted, enforced, prosecuted or inflicted as fully, and to the same extent, as if the several acts herein re referred to had not been amended or Sec. 27. Taxpayer's action-The right of any Schedule of Laws Repealed. Laws of. 1884 1884 1886 1888 1890 SCOPE AND EFFECT OF THE CIVIL SERVICE ACT OF 1899. The following statement showing the scope of the White civil service law was prepared by Mr. George McAneny, secretary of the Civil Service Reform Association: The State Service. The act of 1897 (the "Black act") is repealed and the operation of such of the rules depending on that act for their effect is suspended. sis. All existing merit lists may be recog- The State Civil Service Commission is con- The commission, with the approval of the Governor, is to promulgate new rules, covering the entire State service, within thirty days. The present rules, in so far as they are consistent with the new act, are continued In force until other rules are promulgated, The civil service is to be divided into two affording a sufficient temporary working ba-branches, the "unclassified" service and the "classified;" the former to include all election officers, heads of departments, legisla tive employes and principals and teachers in the public schools. The classified service is to embrace (a) the exempt, (b) the competitive, and (c) the non-competitive classes. In the exempt schedules are to be placed deputies and secretaries authorized by law, unskilled laborers and "other subordinate officers for the filling of which competitive or non-competitive examinations may found to be not practicable." The designation of such offices is left to the commission, be subject both to the Governor's approval, and, where the constitutional rule is not followed, to correction by the courts. The competitive class is to include the great bulk of the subordinate offices and positions excepting only those that are exempt and those of the class next above the grade of laborers who will be subject to non-competitive examination. The methods of examination and appointment are to be substantially the same as prior to the passage of the "Black act" with the following changes or original features: (1.) The appointing officer is required to select the person standing highest on the appropriate eligible list, instead of choosing from among three, as heretofore. The appointee, if unsatisfactory, may be dismissed at any time during a prescribed probationary term. (2.) Appointments to positions the duties of which are confined to a locality outside of Albany are to be made, so far as practicable, from among residents of the judicial district, including such locality. (3.) Appointments to positions in the exempt class are to be limited to one under each title, unless otherwise specifically provided. Subordinates who handle money are no longer to be exempted on that ground, the law permitting the appointing officer in such cases to exact an adequate bond, in addition to the passage of an examination. (4.) Persons appointed temporarily, in the absence of an eligible list, must pass a noncompetitive examination, and cannot hold their positions for a longer period than sixty days. perform this function also. They may by The Municipal Service. The system in the cities is required to be as far as practicable uniform with that of the State. In cities outside of New York, where the "Black act" ceased to have effect a year In New York City, however, the changes as follows: or promoted in full conformity with the law and rules. (11) Provision is made for minority repremission, by requiring that not more than twosentation in the Municipal Civil Service Comthirds of its members shall be members of the same political party. General Features. The new act, in so far as its general structure is concerned, is a complete codification of existing laws. It repeals and supersedes seventeen previous statutes relating to the civil service enacted within the period from 1883 to 1898. It takes effect immediately and revokes "all rules and regulations and classifications" in the cities as well as in the State, its provisions. that are inconsistent with Where the city rules are not consistent they can be made so sufficiently for temporary purposes by a few changes of detail, subject to the State Board's approval. In New York City, for instance, the present rules were disapproved by the State Board on March 21, and it is doubtful whether they have had any legal effect since that date. Certain amendments were proposed, however, at the time and the ac(1) The excepted class, in which 350 ap- ceptance, of these, which would be folpointments were made in 1898, will be ma-lowed by the necessary approval, would furterially reduced. Only one appointment will be nish a working basis at once. The new act not permitted under each title, so classified, and only abrogates inconsistent provisions, but the reasons for each exception must be stated in writing in the annual reports of the com- provides in terms that all existing regulations, "whether prescribed under the authority of a general law or of any special or local law" (such as the Greater New York charter) shall be valid and "take or continue in effect" only upon the approval of the State Commission. mission. (2) The labor registration system, set aside by the present administration, is re-established. All applicants for positions in this class (5.) Positions in the higher grades are to be must be examined as to their capacity for lafilled, wherever practicable, by promotions, bor and skill in the use of their tools, and apbased on merit and competition, and upon the pointments must be made from the registered superior qualifications of the person promot-lists in the order of original application. ed, as shown by his previous service. (6.) The provisions of the act of 1898, requiring the statement of reasons in cases of removal from competitive positions and the granting of an opportunity for an explanation, are omitted. It is provided, however, that no removal within the scope of the rules adopted "shall be in any manner affected or influenced by political opinions or affiliations." In order to enforce this important clause the commission will have power to require that the true reasons shall be stated as heretofore. Under the terms of the act any rule that may be prescribed to give effect to any of its provisions is to have the force of law. The State Commission, after recasting its general system, is to prescribe and enforce rules for the larger counties, as rapidly as may prove practicable. The entire force of the county offices in New York and Kings, for instance-including those of the Register, County Clerk, Sheriff, District Attorney, Surrogate and Coroners-will be classified. Appointments in each of these will thereafter be under the supervision of the Commission, and after examinations, "wherever practi cable." The State Commission is to have supervision over all Municipal Commissions, and has power to compel compliance on the part of the cities with its own standards of classification and examination. Where a mayor fails to appoint commissioners the State Board may appoint them, and where the commissioners fail within sixty days following their appointment to establish proper rules, the State Board me The employment of any person under the title of (3) Appointments in the competitive class (4) Selections are to be made from the "most appropriate" list, instead of permitting a new examination under any title the appointing officer may designate, and new lists will be formed only when it appears that the existing lists contain the names of none who are properly qualified. (5) Temporary appointments in the absence of proper lists may be made only after non-competitive examination, and then for a period not to exceed thirty days. Successive temporary appointments to the same position are forbidden. (6) All examinations must be advertised publicly. (7) Promotions are to be on the same basis as in the State service; and, "for the purposes of the act," all increases of salary are to be considered as promotions. (8) No person may be transferred to a classified position unless he shall have previously passed an 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. (9) The Municipal Commission is required the classified service, giving the title and to keep a permanent roster of all persons in character of the office held, the date of commencement of service, the amount of salary, and other pertinent data. (10) Every city pay roll, before acceptance by the corptiolor, must bear the certificate of A new commission must be appointed in New York City within sixty days, for the reason that the present commission does not contain a minority member. Complete new rules must be promulgated at least within sixty days more, though this is merely the limit fixed, and the rules may be recast as soon as the Mayor desires. Two other general features may be noted as of especial importance: The right of a taxpayer to bring an action to restrain the payment of salary to persons holding positions in contravention of the law, is extended so as to bring in the question of the exception of the position held from competitive examina tion by any Commission. The validity of clas sifications in the exempt schedule may thus be made at any time a matter of judicial review, overcoming the difficulty encountered in the case of Chittenden. It is further provided that any person appointed contrary to the provisions of the act or rules shall be paid, by the officer appointing him, the compensation agreed upon, or, in case there is no agreement, the actual value of his services, and that he shall have a cause of action against the officer personally for the recovery of the amount involved, with costs. The new law is the best conceived and most generally satisfactory pięce of civil service legislation as yet secured in this of strict enforcement, and should have a most impartant effect. country. It is capable, moreover, MUNICIPAL CIVIL SERVICE RULES OF CITY OF NEW YORK, As Approved by THE STATE CIVIL SERVICE COMMISSION, JULY 11, 1899. RULE 1. Appointments and promotions in the Civil Service of the City of New York shall be made according to merit and fitness, to be ascertained, so far as practicable, by examinations which, so far as practicable, shall be competitive. RULE 2. to act generally for and in place of their, board of examiners for all positions in Non-Competitive Class. Schedule A, Part II, shall comprise the noncompetitive class and include such positions as are not in the exempt class (A, Part I), or in is impracticable to include in the competithe labor class (Schedule G), and which it tive class (B, C, D, E and F). No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, promotion, transfer, or reinstatement, except in accordance with the provisions of the Civil Service Law and the rules and regu-sitions. lations prescribed thereunder. 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, except in accordance with Rule 40. 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 city, shall be considered a good cause for the dismissal of such person from the service. RULE 3. The Municipal Civil Service Commission shall have authority to prescribe such regulations in pursuance of and for the execution of the provisions of these rules and of the Civil Service Law, as may not be inconsistent therewith, and may prescribe blank forms for all applications, certificates, reports, records and returns required under these rules and the regulations made in pursuance thereof. The Commissioners shall from their number choose a president to act during their pleasure, and they may from time to time appoint committees from their own number. CLASSIFICATION. RULE 4. The offices and positions in the classified service of the city shall be arranged in four classes, to be designated as the exempt class, the non-competitive class, the competitive class and the labor class, as indicated by the following schedules: Exempt Class. Schedule A, Part I, shall comprise the exempt class and shall include the deputies of principal executive officers authorized by law Competitive Class. Schedules A, Part II, B, C, D, E and F. This board shall be composed of a Chief Examiner, to be appointed by the Municipal Commissioners, and as many citizens designated by the said Commissioners as they iners, however shall be a public officer or may deem necessary. None of such exammunicipal government. employed in any other department of the There shall be a Chief Examiner, who shall devote his whole time to the business of Schedule B shall comprise all clerical po- the Board of Examiners, hear appeals from his office, who shall preside at meetings of tually employed as such in the offices of the such for one year, may, at the request of the Junior clerks shall consist of employes who Schedule C shall comprise the uniformed quiring special expert knowledge, and which are not included in Schedule E. calling for medical services. Schedule F shall comprise all positions not Labor Class. the decision of any of the examiners and It shall be the duty of such Board of Examiners, by such of its members as the Chief Examiner shall designate, to conduct all examinations called for under these rules, except as herein otherwise provided, and to ascertain the fitness of candidates for the service of the city with regard to character, knowledge and ability for the branch of the service into which they seek to enter, and to determine the relative excellence or standing of the persons examined and to certify the same as herein prescribed. The examination of all candidates for the position of examiner under this commission shall be conducted by the Municipal Commissioners or by experts appointed by them. The Municipal Commissioners shall employ a secretary, who shall keep minutes of all proceedings and all necessary records of the Schedule G shall comprise the Labor Ser- examination, standing and certification of apvice. Each schedule shall also include the positions specified under that head in the classification hereto annexed, marked Appendix I. plicants, and a complete record of all persons employed in the several departments to which these rules apply, and of all appointments, promotions, dismissals, resignations and other changes of any kind therein. The secretary shall have the general executive charge of the Civil Service office, shall assign the clerks and employes to their respective positions and superintend them in the discharge of their respective duties, and shall be secretary of the Examining Board. The secretary shall, after conference with the Chief Examiner, order and fix the dates of examinations, shall see that they are properly and efficiently advertised and shall indicate to the Chief Examiner which examination shall be first rated and otherwise expedited, to the end that eligible lists which are most needed shall be first prepared. ex tions in the order of the date of filing ap- Druggist, that the applicant is duly registered plication. RULE 7. Vacancies in positions classified in Schedules B, C, D, E and F, not filled by promotion, shall be filled by appointment of those graded highest in open competitive examinations, and for no such position shall any non-competitive examination be allowed, except in accordance with the provisions of Rules 6 and 34. APPLICATIONS. RULE 8. Applicants must file applications for positions included in Schedules A, Part II, B, C, D, E and F, which must be in the handwriting of the applicant and addressed to the "Secretary of the Municipal Civil Service Commission, New York City," showing: SCHEDULE A, PART I. RULE 6. Appointments to positions in Schedule A, Part I, may be made without amination, but the appointing officer shall file with the secretary, within five days after making any such appointment, a formal notification thereof, setting forth the full name and address of the appointee, the date of his birth, the position to which he is appointed, the date of appointment, salary, length of his residence in the City of New York, nature of previous emservice, right of preference by reason of miliployment, whether he has ever been in off-tary or naval service, residence and business cial service before, and if so, when and where, or employment for at least the previous five name of person in whose place appointed and such other statistical information as the Muni-sonably be required by regulation. years, and such other information as may reacipal Commission may deem proper for registration. No office or position shall be deemed to be in the exempt class unless it is specifically named in Schedule A, Part I, of the classification of positions. First-His full name, residence and post of fice address, age, the place and date of birth, Second-A statement whether such applica- Third-The certificate of four reputable persons of the City of New York, that they have been personally acquainted with the applicant Not more than one appointment shall be for at least one year, and believe him to be of made to or under the title of any such office good moral character, of temperate and in or position unless a different number is speci-dustrious habits and in all respects fit for the according to law, and that any other statutory requirements have been complied with. Third-If the position to be filled is that of assistant to the Corporation Counsel, that the applicant or proposed appointee is a regularly admitted member of the bar of the State of New York. In positions where the duties are professional, technical or expert, the candidates will be required to show what preliminary training or technical education they have undergone to qualify them for such situation, before they can be admitted to examination. RULE 10. Defective applications shall be suspended and applicants notified to amend the same. Whenever it appears by the application or other satisfactory evidence that the applicant otherwise not qualified under the rules, the is not within the prescribed limits of age or application shall be rejected. RULE 11. Every false statement knowingly made by any person in his application for examination, and every connivance by him at any false statement made in any certificate which may accompany his application, shall be regarded as good cause for the removal or discharge of such person. RULE 12. Applicants shall be admitted to examina tion upon the production of the official notification to appear for that purpose. Each ap fically mentioned in the classification of po- service he wishes to enter, and that each of Plicant shall receive a number, which shall sitions. SCHEDULE A, PART II. Appointments to positions in Schedule A, Part II, may be made after non-competitive examination. them is willing that such certificate should be published for public information, and will, upon request, give such further information concerning the applicant as he may possess. Fourth-The foregoing application shall be Exceptions From Competitive Examina- verified by the oath of the applicant. tion. Appointments to positions in Schedules B, C, D, E and F may be made without competi tive examination, as follows: First-To positions in the competitive class where peculiar and exceptional qualifications of a scientific, professional or educational character are required upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can be best filled by the selection of some designated person of high and recognized attainments in such qualities, and where the Municipal Commission, with the approval or the State Civil Service Commission, has suspended the rules requiring competition, but no such suspension shall be general in its application to such place and all such cases of suspension shall be reported to the State Civil Service Commission in the annual report made to them with the reasons for the The requirements as to citizenship and certificates of character, in case of persons applying for positions under Schedules E and F, and the requirements as to citizenship in case of persons applying for positions under Schedule D, may be modified or dispensed with in the discretion of the commission. All applications for examination shall be filed in the office of the secretary a reasonable length of time before the date of examination, and all applications and other blanks shall be kept at his office, and shall be procurable there only. Registers of all applicants shall be kept by the Secretary of the Municipal Commission. When the applicants on a register are in excess of such number as can be conveniently examined on the same day, the applicants shall be notified to appear in their order on the register. Whenever the demands of the service may require, the Secretary shall notify the applicants of record, or such number as can conveniently be examined, to appear for examination, giving place, date and hour for such examination. RULE 9. Applicants for the following positions must, before being admitted to examination, or before being appointed, present satisfactory evidence as to the following facts: First-If the position to be filled be that of Physician, Surgeon, Medical Officer, Inspector of Vaccination or Medical Sanitary Inspector-that the applicant is duly authorized by the laws of the State of New York to practice medicine and surgery. Third-To the position of trained nurse, when the applicants are graduates of any of the following named nurses' training schools: Training School of Bellevue Hospital, Metropolitan Training School, Training School of the City Hospital, Training School of the Kings County Hospital-the names of such applicants may, upon their own application Second-If the position to be filled be that and upon presenting proper diploma, be placed of Chemist or Analyzer, that the applicant has upon the appropriate eligible list with a grad- received the degree of Bachelor of Sciences, or ing of 100, without further examination, un- its equivalent, from some institution duly auless required by the Municipal Commission, thorized by law to confer such degree. If the and shall be certified in response to requisi-position to be filled be that of Apothecary or be indorsed upon his notification when produced, and the notification so indorsed shall be sealed in an envelope. Each applicant shall sign his examination papers with his number, omitting his name and the envelope shall not be opened until all the examination papers have been received and the markings and gradings made. All paper upon which examinations are to be written shall be furnished to the applicants by the Examining Board and shall bear some suitable official indorsement, stamp or mark for the purpose of identifying the same. RULE 13. The Municipal Commission may refuse to examine an applicant, or, after examination, to certify an eligible who is found to lack any of the established preliminary requirements for the examination or position for which he applies, or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment, or who is addicted to the habitual use of intoxicating beverages to excess, or who has been guilty of a crime or of infamous or notoriously disgraceful conduct, or who has been dismissed from the public service for delinquency or misconduct, or who has intentionally made a false statement of any material fact, or practiced or attempted to practice any deception or fraud in his application, in his examination, or in securing his eligibility or appointment, or whose character upon investigation and report shall be found not to be satisfactory to the Examining Board. No person who has entered any examination for a position in the classified service and who has failed therein shall be admitted within nine months from the date thereof to a new examination for the same or a similar position. RULE 14. The actual conduct of every examination shall be under the responsible direction of the Board of Examiners, or of its designated members, free from the interference or par |