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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
rules, and it shall be the duty of each ap-
pointing officer of such city to report
such municipal commission in like manner
as is herein before provided for reports from
appointing officers to the State commission.
Sec. 19. Disbursing officers-It shall be un-
lawful for the Comptroller or other fiscal
officer of the State or any city or civil divi-
sion thereof for which civil service rules have
been prescribed pursuant to this act, to draw,
sign or issue, or authorize the drawing, sign-
ing or issuing of any warrant on the treas-
urer or other disbursing officer of the State

one year before the commencement of the ac-
tion, has paid a tax therein. All moneys re-
covered in any action brought under the pro-
visions of this section must, when collected,
be paid into the treasury of the State or such
civil division thereof, except that the plaintiff
in any such action shall be entitled to re-
ceive for his own use the taxable costs of such
action.

Sec. 20. Preferences allowed honorably dis-
charged soldiers, sailors and marines-In ev-
ery public department and upon all public
works of the State of New York and of the
cities, counties, towns and villages thereof,
honorably discharged soldiers, sailors and
marines from the Army and Navy of the
United States in the late Civil War, who are
citizens and residents of this State, shall be
entitled to preference in appointment and
promotion without regard to their standing
on any list from which such appointment
or promotion may be made, provided their
qualifications and fitness shall
have been
ascertained as provided in this act and the
rules and regulations in pursuance thereof;
and the persons preferred shall not be
disqualified from holding any positior in the
civil service on account of his age or by rea-
son of any physical disability, provided such
age or disability does not render him incom-
petent to perform the duties of the position
applied for. Whenever any list of eligible per-
sons, prepared under authority of this act,
shall contain the names of honorably discharg-
ed soldiers, sailors and marines, entitled to
preference as aforesaid, any reference in this
act or in rules and regulations in pursuance
thereof to the persons standing highest on
such list, shall be deemed to indicate those
standing highest of those entitled to prefer-
ence by the provisions of this section, and
such persons shall be given preference on any
list of registered applicants for employment
in the labor service, in accordance with the

dates of their several applications, as though
such applications had been filed prior to those
of any persons on such lists not entitled to
the preference provided by this section. A
refusal to allow the preference provided for in
this and the next succeeding section to any
honorably discharged soldier, sailor or marine,
or a reduction of his compensation intended
to bring about his resignation, shall be deem-
ed a misdemeanor, and such honorably dis-
charged soldier, sailor or marine shall have
a right of action therefor in any court of com-
petent jurisdiction for damages and also a
remedy by mandamus for righting the wrong.

or such city or civil division thereof, for the
payment of, or for the treasurer or other dis-
bursing officer of the State or of such city or
civil division thereof, to pay any salary or
compensation to any officer, clerk or other
person in the classified service of the State
or of such city or civil division thereof unless
an estimate, payroll or account for such sal-
ary or compensation, containing the names
of the persons to be paid, shall bear the cer-
tificate of the State civil service commission,
or in case of the service of a city, the cer-
tificate of the municipal civil service com-
mission of such city, that the persons named
in such estimate, payroll or account have
been appointed or employed or promoted in
pursuance of law and of the rules made in
pursuance of law. Any officer, clerk or other
person entitled to be certified by said com-
mission, or either of them, to the comptrol-
ler, treasurer or other fiscal or disbursing of-
ficer of the State or any city or civil division
thereof, as having been appointed or em-
ployed in pursuance of law and of the rules
made in pursuance of law, and refused such
certificate, may maintain a proceeding by
mandamus to compel such commission or charged soldier, sailor or marine, having serv-
commissions to issue such certificate. Any
sums paid contrary to the provisions of this
section may be recovered from any officer or
officers making such appointment in contra-
vention of the provisions of law and of the
rules made in pursuance of law, or any offi-
cer signing or countersigning, or authoriz-
ing the signing or countersigning of any
warrant for the payment of the same, and
from the sureties on his official bond, in an
action in the Supreme Court of the State,
maintained by a citizen resident therein, who
assessed for and is liable to pay, or within

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
to a review by a writ of certiorari. In cities
of the first class, if the position so held by
any such honorably discharged soldier, sailor
or marine, or volunteer fireman shall become
unnecessary or be abolished for reasons of econ-
omy or otherwise, the said honorably dis-
charged soldier, sailor or marine or volunteer
fireman holding the same shall not be dis-
charged from the public service, but shall be
transferred to any branch of the said service
for duty in such position as he may be fitted
to fill, receiving the same compensation
therefor. The burden of proving incompeten-
cy or misconduct shall be upon the party alleg-
ing the same. Nothing in this section shall be
construed to apply to the position of private
secretary or deputy of any official or depart-
ment, or to any other person holding a strict-
ly confidential relation to the appointing offl-
cer. A person serving under a probationary
provisional appointment shall not be
or
deemed to be holding a position within the
meaning of this section.

Sec. 22. Misdemeanor to obstruct right of
examination; false representation; impersona-
tion in examination-Any commissioner, or
examiner, or any other person who shall wil-
fully by himself or in co-operation with one
or more persons, defeat, deceive or obstruct
any person in respect of his or her right of
examination, or registration, according to any
rules or regulations prescribed pursuant to
the provisions of this act, or who shall wilfully
and falsely mark, grade, estimate or report
standing
upon the examination or proper
of any person examined, registered or certi-

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
of the United States during the Spanish war,
or is an honorably discharged soldier, sailor or
marine of the regular army or navy of the
United States, or who shall have served the
term required by law in the volunteer fire
department of any city, town or village in the
State, or who shall have been a member there-
of at the time of disbandment of said volun- Sec. 24. Political assessments prohibited-
teer fire department, shall be removed from No officer, agent, clerk or employe under the
such position or employment, except for in- government of the State of New York or any
competency or misconduct shown after a hear-civil division or city thereof shall, directly
ing, upon due notice, upon stated charges and or indirectly, use his authority or official in-

THE CIVIL SERVICE LAW OF NEW YORK STATE, 1899.

ity or influence, directly or indirectly, in
order to coerce or persuade the vote or politi-
cal action of any citizen or the removal, dis-
charge or promotion of any officer or public
employee, or upon any other corrupt consid-

nor

an attempt at bribery. Every person found
guilty of such bribery, or an attempt to com-
mit the same, as aforesaid, shall, upon convic-
tion thereof, be liable to be punished by a
fine of not less than one hundred dollars nor
more than three thousand dollars, or to be
imprisoned not less than ten days
more than two years, or to both said
fine and said imprisonment in the
discretion of the court. The phrase "public
officer" shall be held to include all public
officials in this State, whether paid directly or
indirectly from the public treasury of the
State, or from that of any civil division there-
of, or by fees or otherwise; and the phrase
"public employee" shall be held to include
every person not being an officer who is paid
from any said treasury.

fluence to compel or induce any other officer, promise, or threaten to use any such author-
clerk, agent or employe under said govern-
ment, or any civil division or city thereof,
to pay or promise to pay any political as-
sessment, subscription or contribution. Every
said officer, agent, clerk or employee who may
have charge or control in any building, oferation, shall also be guilty of bribery or of
fice or room occupied for any purpose of said
government, or any said division or city
thereof, is hereby authorized to prohibit the
entry of any person, and he shall not know-
ingly permit any person to enter the same for
the purpose of therein making, collecting, re-
ceiving or giving notice of any political as-
sessment, subscription or contribution; and no
person shall enter or remain in any said of-
fice, building or room, or send or direct any
letter or other writing thereto, for the pur-
pose of giving notice of, demanding or col-
lecting a political assessment, nor shall any
person therein give notice of, demand, collect
or receive any such assessment, subscription
or contribution; and no person shall prepare
cr make out, or take any part in preparing or
making out, any political assessment, sub-
scription or contribution with the intent that
the same shall be sent or presented to or col-
lected of any officer, agent or employee, sub-
Ject to the provisions of this act, under the
government of the State of New York, or
that of any civil division or city thereof, and
no person shall knowingly send or present any
political assessment, subscription or contri-
bution to or request its payment of any said
officer, agent or employee. Any person who
shall be guilty of violating any provision of

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
pealed.
Sec. 30. When to take effect-This act shall
take effect immediately.

Sec. 27. Taxpayer's action-The right of any
taxpayer to bring an action to restrain the
payment of compensation to any person ap-
pointed to or holding any office, or place or
employment in violation of any of the provis-
ions of this act, shall not be limited or denied
by reason of the fact that said office, or place
or employment shall have been classified as,
or determined to be, not subject to competi-
tive examination; provided, however, that any
judgment or injunction granted or made in 1894
any such action shall be prospective only, 1894
and shall not affect payments already made 1894
or due to such persons by the proper dis- 1895
bursing officers, in accordance with the civil
service rules in force at the time of such 1898
payments.
1898

Schedule of Laws Repealed.

Laws of.
1883

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1884

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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-
nized as eligible lists, and appointments,
where necessary, made from them.

The State Civil Service Commission is con-
tinued as at present constituted, with the
same tenure, powers and duties as though
appointed under the new act.

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
unanimous vote and with the written ap-
proval of the Governor remove any municipal
commissioners, for cause, and after a hearing,
and they may, by like unanimous vote, alter
or amend any rule that does not conform to
the requirements of the general law. The
State Board is directed to investigate from
time to time the operations of local boards,
and the acts of public officers generally with
respect to the execution of the act. For the
purposes of such investigation it is given all
of the powers of a legislative committee.

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
ago, the only important changes will be those
occurring in the case of the State service, as
above specified.

In New York City, however, the changes
from the existing systems will be of the most
radical character. They may be summarized

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
"laborer," to perform clerical or other work,
is made a misdemeanor.

(3) Appointments in the competitive class
are to be made in the order of standing, with
proper provision for a probationary term as in
the State service.

(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
the commission to the cfect that the persons
pamel therein la.. boạn 21. ointed, employed

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
principals, and all places not subject to ex-
amination or registration.

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
Office boys (or girls) shall be employes ac-
departments of public service, who are paid
at a rate not exceeding $25 per month and
who shall not be over 18 years of age at
the time of examination.

such for one year, may, at the request of the
Office boys (or girls) who have served as
head of the department in which they have
served, be examined
junior clerk, provided they are over 18 years
for the position of
of age.

Junior clerks shall consist of employes who
receive a compensation not exceeding $600
per annum. Junior clerks shall not be eligi-
ble to the position of clerk except after the
competitive examination prescribed for orig-
inal appointment to said position.

Schedule C shall comprise the uniformed
forces of the Police and Fire Departments.

quiring special expert knowledge, and which
Schedule D shall comprise all positions re-

are not included in Schedule E.

calling for medical services.
Schedule E shall comprise all positions

Schedule F shall comprise all positions not
included in the other schedules.

Labor Class.

the decision of any of the examiners and
the officers mentioned in this rule shall be
have the general supervision of the work of
the examiners.
fixed by the Municipal Commissioners, who
The rate of compensation of
will employ assistants, procure suitable of-
fices and incur such other expenses as may
be required for the efficient performance of
the duties imposed upon them by the laws of
the State of New York.

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.

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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,
health and physical capacity for the public

Second-A statement whether such applica-
fices in the service.
tion is limited to any particular office or of-

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

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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

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