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CIVIL SERVICE LAW
OF NEW YORK STATE
The Ahearn and McCarren Laws Relating
— and the-
PASSED BY THE
PUBLISHED BY THE
Entered at the Brooklyn New York Post Office as Second Class Matter. Vol. XIV, No. 3 of the Eagle Library,
August, 1899. Yearly Subscription, $1.00. Almanac Number, 25 cents.
THE CIVIL SERVICE LAW OF NEW YORK STATE,
ADOPTED IN 1899.
AN ACT in Relation to the Civil Service of the State of
The People of the State of New York, rep- officers, clerna 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 toch employes shall tion nine of article five of the constitution Section 1. Short title-This chapter shall be bold office during the pleasure or she commis of the State of New York, as herein provided. known as the civil service law.
sion. The chief examiner shall be euitled 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.
sand six hundred dollars a year, and he shall sions of this act shall have the force and ef1. The term “Commission" or "State com- be paid his necessary traveling expenses in- fect of law. mission” means the State Civil Service Com curred in the discharge of his duty. The Second. Keep minutes of its own proceedmission
secretary and other officers, clerks and exam- | ings and records of its examinations and other 2. The term "municipal commission" means iners shall receive salaries to be fixed by the official action. the municipal civil service commission of a commission, and thr, secretary sball also be Third. Make investigations conigrning and city.
paid his necessary traveling expenses in- report upon all matters touching the enforce3. The "civil service" of the State of New | curred in the discharge of his duty. The ment and effect of the provisjons of this aus York or any of its civil divisions or cities in commission may select suitable persons in and the rules and regulations prescribed there. cludes all offices and positions of trust or em- | the official service of the State or any of its | under, concerning the action of any examployment in the service of the State or of civil divisions, after consulting the head of iner or subordinate of the commission and such civil division or city, except such offices the department or office in which such per- / any person in the public service, in respect and positions in the militia and the military sons serve, to act as examiners under its di- to the execution of this act, and in the course denartments as are or may be created under | rection. Persons So selected shall be enti- of such investigations each commissioner and the provisions of article eleven of the Consti- | tled to compensation from the commissioin the secretary and the chief examiner shall tution.
for their necessary expenses occasioned by have power to administer oaths. 4. The “State service" shall include all such the service actually rendered, in addition to Fourth. Have power to subpena and require offices and positions in the service of the the regular service required in the depart-the attendance in this State of witnesges and the State or of any of its civil divisions except a ment or office where they are
ment or office where they are regularly em- production thereby of books and papers perticity.
ployed. The compensation of examiners shall nent to the investigation and inquiries hereby 6. The "city service" shall include such po not exceed five dollars per day, except in the authorized and to examine them and such sitions in the service of any city.
case of special and expert examiners em- public records as it shall require in relation 6. The term "appointing officer" signifies ployed in the preparation of questions and to any matter which it is required to investithe officer, commission, board or body having rating of candidates; the commission shall gate. And for the purposes of the examinathe power of appointment to subordinate posi- | not expend or authorize the expenditure of tion hereby directed, the commission postrong in any office, court, department, commis- moneys for any purpose in excess of the sesses all the powers conferred by the legislasion, board, or institution. .. sums appropriated therefor by law.
tive law upon a committee of the Legislaturg Sec. 3. State civil service commission-The Sec. 5. Rooms and accommodations-It or by the code of civil procedure upon a board governor is authorized to appoint, by and shall be the duty of the trustees of public or committee, and may invoke the power of with the advice and consent of the Senate, buildings to cause suitable and convenient any court of record in the State to compel the three persons, not more than two of whom rooms and accommodations to be assigned or attendance and testifying of witnesses and the shall be adherents of the same political party, provided, and to be furnished, heated and production thereby of books aud papers as as civil service commissioners, and said three lighted, at the capitol in the City of Al- aforesaid. commissioners shall constitute the State civil bany, for carrying on the work and examina | Fifth. Make an annual report to the goverservice commission. They shall hold no other tions of said commission, and said commis- nor for transmission to the Legislature, show. official place under the State of New York. sion may order the necessary stationery, ing its own action, the rules and regulations The governor may remove any commissioner | postage stamps, an official seal and other ar- and the exceptions thereto in force, and the and any vacancy in the position of com- | ticles to be supplied, and the necessary practical effects thereof and any suggestions missioner shall be so filled by the governor, printing to be done for its official use. It | it may approve for the more effectual accomby and with the advice and consent of the Sen- shall be the duty of the officers of the State plishment of the purposes of this act. ate as to conform to said conditions for the of New York or of any civil division thereof, Sixth. Meet in Albany at least once in each * first selection of commissioners. The three l at any place where examinations are directed calendar month, except the month of August, commissioners shall each receive a salary of by the commission or its rules to be Deld, to and hold such other meetings as the neede two thousand dollars a year, and each of said allow the reasonable use of public buildings, of the public service may require. A majority commiesioners shall be paid his necessary and to heat and light the same for holding of the members of the commission shall contraveling expenses incurred in the discharge such examinations, and in all proper ways to stitute a quorum, of his duty as a commissioner. facilitate the same.
Sec. 7. Duties of public officers-It shall be Sec. 4. Officers and employes of the com- Sec. 6. The powers and duties of the com the duty of all officers of the State of New mission-The commission may elect one of mission-The State civil service commission York or of any city or civil division thereof its members to be president and may employ shall
to conform to and comply with and to aid in A chief examiner, a secretary and such other First. Prescribe, annend and enforce suit. / all proper ways in carrying into effect the
provisions of this act, and the rules and regu. town, Kingston, Lockport, Malone, Middletown, either these reports, or a sufficient abstract lation's prescribed thereunder and any modifi- Newburgh, New York, Ogdensburg, Olean, or summary thereof, to give full and clear incation thereof. No officer or officers having Oneonta, Oswego, Plattsburg, Poughkeepsie, formation as to their contents. A copy of the power of appointment or employment | Rochester, Saratoga, Syracuse, Utica and the roster of the classified civil service of shall select or appoint any person for ap- / Watertown; and shall cover in each place all | such city shall be transmitted to the State pointment, employment, promotion or rein offices and positions for which competitive commission with the annual report aforesaid, statement except in accordance with the pro examinations are required, except such ex and shall be fled in the office of said comvisions of this act and the rules and regula- | aminations as require special tools, machin-| mission as a public record. The mayor may tions prescribed thereunder. Any person em ery, appliances or laboratory facilities. at any time remove any municipal civil serployed or appointed contrary to the provisions Sec. 10. The classified city service-The vice commissioner appointed by him. Said of this act or the rules and regulations estab-mayor of each city in this state shall ap
State commission may also, by unanimous lished thereunder, shall be paid by the officer | point and employ suitable persons to prescribe, l yote of the three commissioners, with the or officers so employing or appointing, or at- aménd and enforce rules for the classification
written approval of the governor, remove any tempting to employ or appoint, him, the of the offices, places and employments in the
municipal civil service commissioner appointcompensation agreed upon for any ser- classified service of such city, and for appoint
ed or employed under the authority of this vices performed under such appointment ments and promotions therein and examina
section, for incompetence, inefficiency, negor employment, on in case no compen- tions therefor; and for the registration and se
lect of duty or violation of the provisions of sation is agreed upon, the actual value of lection of laborers for employment therein,
this act, or of the rules and regulations in such services, and any expenses incurred in not inconsistent with the constitution and the
force thereunder, or of any of them, specifyconnection therewith, and shall have a cause provisions of this act and shall amend the
ing in writing the particulars of the incomof action against such officer or officers or same from time to time. Such persons shall
petency, inefficiency, neglect of duty, or vioany of them for such sum or sums and for the be municipal civil service commissioners and
lation charged, and filing the same as a public costs of the action. No public officer shall be shall constitute the municipal civil ser-la
document in the office of the city clerk, or 11 reimbursed by the State or any of its civil di- | vice commission of such city. All ap
there be no city clerk, in the office of the visions for any. sumo so paid or recovered in pointments or designations of munici
clerk of the board of aldermen, and a certiany such action. pal 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 two
State 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 Bhall comprise all elective offices; all offices
for appointment and promotion in the civil
any rule, regulation or classification Alled by election or appointment by the Leg
scribed under provisions of this section, proification thereof, whether prescribed under the islature on joint ballot; all persons appointed authority of a general law or of any specia!
vided that said State commission shall state by name in any statute; all legislative officers
the reasons for such action in writing, and and employes: all offices filled by appoint-or local law, shall be valid and take or conment by the governor, esther upon or with
Ale the same and a certified transcript therewith. Itinue in effect only upon the approval of the
of as a public document as herein before proout confirmation by the Senate, except officers mayor of the city and of the State civil ser
vided, and give an opportunity to the muaicand employes in the executive offices; all
vice commission. The authority by this secelection oficers; the head or heads of any tion conferred shall not be so exercised as to
ipal civil service commissioners concerned to
make a personal take from any policeman or fireman any righi
explanation and to department of the government, and persons
papers in opposition to such action. public or benefit conferred by law or existing under employed in or who seek to enter the public
State commission, however, shall not take service assuperintendents. principals or any lawui regulation of the department in
which he serves. teachers in a public school or academy or in
such attion upon any ground other than that
All examinations herein a state normal school or college. The classiauthorized shall be public, and all rules shall
the provisions or purpuses of this act are not fied 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 apand papers connected with said examinations,
rule, regulation or classifcation, nor without
specifying in writing and detail in what parpointments or employments in the classified shall be at all times subject to the inspection service shall be for a probationary term not of said State commissioa and its agents; and
ticular such provisions or purpuses are not exceeding the time fixed in the rules. said commission shall set forth in its reports
carried out, nor shall said State commission
any Sec. 9. Rules for the classified State service the character and practical effects of such ex. exempt from competitive examination -Within one month after the passage of aminations, together with its views as to the
position, or place of employment in any city this act the commission shall make rules improvement and extension of the same, and
without the consent of the municipal commisfor the classification of the offices, places and also copies of all rules made under the au
sion of such city. employments in the classified service of the thority hereby conferred. Subject to the Sec. 11. Classification. The offices and poBtate, and thereafter from time to time rules
provisions of this act and of said rules, the sitions in the classified service of the State for the classification of the offices, places and
municipal commission of any city shall make | or of any city or civil division thereol for employments in such other civil divisions regulations for and have control of exam | which civil service rules shall be established thereof, except cities, as after due inquiry
Inations and registration for the service of pursuant to this act, shall be arranged in four by the commission shall be found practicable. such clty and shall supervise and preserve classes to be designated as the exempt class, and for appointments and promotions therein the records of the same. In case for any | the competitive class, the non-competitive and examinations therefor. not inconsistent reason, the mayor of any city within sixty 1 class and, in cities, the labor class. with the constitution and the provisions of days after he has the power to appoint. fails Sec. 12. The exempt class. The blowing this act, and shall amend the same from to appoint such municipal commissioners, the positions shall be included in the exempt time to time. No examination or registra
State commission shall appoint them to hold | class: tion shall be required of persons to be em office until the expiration of the term of the L 1. The deputies of principal executive offployed as laborers in the state service. Such mayor then in office and their successors are cers authorized by law to act generally for rules and any modifications thereof shall appointed and qualify. It shall be the duty and in place of their principals; take effect when approved by the governor. of such persons to prepare and to procure the 2. One secretary of each officer, board and Due notice of the coutents of such rules, and approval of the rules herein provided for, commission authorized by law to appoint a of any modifications thereot, shall be given and, if they fail to do so within sixty days secretary. by mail to appointing officers and heads of after their appointment the State commission 3. One clerk, and one deputy clerk if au. departments affected thereby, and such rules shall forthwith make said rules. It shall be thorized by law, of each court, and one clerk shall be printed for public distribution. Sub- the duty of such persons to make reports of each elective judicial officer; ject to the provisions of this act and of the from time to time to the State commission, 4. In the State service, all unskilled larules established thereunder the commission whenever said commission may request, of the borers and such skilled laborers as are not shall make regulations for and have control manner in which this law, and the rules and included in the competitive class or the nonof examinations for the service of the State regulations thereunder, have been and are competitive class; and in addition thereto and the civil divisions thereof, except cities, administered, and the results of their admin. there may be included in the exempt class all and shall supervise and preserve the records Istration in such city, and of such other mat- other subordinate offices for the Alling of of the same, but such examinations shall be ters as said commission may require, and an-, which competitive or non-competitive exami. held at least once a year in each of the fol-nually on or before the fifteenth day of Jan-nation may be found to be not practicable. lowing places: Albany, Amsterdam. Auburn, uary, to make such a report to said commis- But no office or position shall be deemed to be Binghamton, Buffalo, Dunkirk, Elmira, Gen- sion; and it shall be the duty of said State in the exempt class unless it is specifically pva, Hornellsville, Ithaca, Jamestown, Johns. | commission in its annual report to set out' named in such class in the rules, and the ter
THE CIVIL SERVICE LAW OF NEW YORK STATE, 1899.
sons for each such exemption shall be stated commissions may require in connection with qualifications of the person promoted, as separately in the annual reports of the com- such application such certificates of citizens, shown by his previous service. due weight mission. Not more than one appointment | physicians, public officers or others having being given to senority. For the purposes of shall be made to or under the title of any knowledge of the applicant, as the good of the this section an increase in the salary or other such office or position, unless a different aum- service may require. Such commissions may compensation of any person holding an office ber is specifically mentioned in such rules. refuse to examine an applicant, or after ex- or position within the scope of the rules in Appointments to positions in the exempt class amination to certify an eligible, who is found force hereunder beyond the limit fixed for the may be made without examination.
to lack any of the established preliminary grade in which such office or position is classi· Sec. 13. The competitive class-The competi requirements for the examination or position fied, shall be deemed a promotion. No promotive class shall include all positions for which for which he applies; or who is physically so tion, transfer or reinstatement shall be made It is practicable to determine the merit and fit disabled as to be rendered ungt for bis per- from a position in one class to a position in ness of applicants by competitive examination, formance of the duties of the position to another class unless the same be specially au. and shall include all positions now existing, which he seeks appointment; or who is ad- thorized by the State or municipal commisor hereafter created, of whatever functions, dicted to the habitual use of intoxicating sion, nor shall a person be promited or transdesignations or compensation, in each and beverages to excess; or who has been guilty ferred to a position for original entrance to every branch of the classified service, except of a crime or of infamous or notoriously dis- which there is required by this act of the such positions as are in the exempt class, the graceful conduct; or who has been dismissed rules an examination involving essential tests non-competitive class or the labor class. Ap from the public service for delinquency or or qualifications different from or higher than pointments shall be made to or employment misconduct; or who has intentionally made those required for original entrance to the poshall be given in all positions in the com a false statement of any material fact, or sition held by such person, unless he shall petitive class that are not filled by promo practiced, or attempted to practice, any de- have passed the examination or attained a tion, reinstatement, transfer or reduction ua ception or fraud in his application, in his place upon the eligible list for such higher der the provisions of this act and the rules examination, or in securing his eligibility or position. in pursuance thereof, by appointment of those appointment. When the position to be filled Sec. 16. The non-competitive class-The graded highest in open competitive exami involves fiduciary responsibility, the appoint- non-competitive class shall include such posinations conducted by the State or municipal ing officer, where otherwise permitted by law, tions as are not in the exempt class or the commission, except as herein otherwise pro may require the appointee to furnish a bond labor class and which it is impracticable to vided. The term of eligibility shall be fixed or other security and shall notify the State or include in the competitive class. Appoint, for each eligible list at not less than one nor municipal commission of the amount and ments to positions in the non-competitive more than four years. Appointment shall be necessary details thereof.
class shall be made after such non-competimade from the eligible list most nearly appro- | Sec. 14. Exceptions from Competitive Ex- / tive examination as is prescribed by the priate for the group in which the position to amination.-Positions in the competitive class rules. be filled is classified, and a new list shall be
may be filled without competition as follows: Sec. 17. The labor class in cities-The labor created for a stated position or group of po- 1. Whenever there are urgent reasons for class in cities shall include unskilled laborers sitions only when there is no appropriate list filling a vacancy in any position in the com-land such skilled laborers as are not included existing from which appointment may be petitive class and there is no list of persons in the competitive class or the non-competimade. No person shall be appointed or em- I eligible for appointment after competitive ex-l tive class. Vacancies in the labor class in ployed under any titlo not appropriate to the
amination, the appointing officer may nomi- cities shall be filled by appointment from lists duties to be performed, and no person shall
pate a person to the State or municipal com- of applicants registered by the municipal be transferred to, or assigned to perform the
mission for non-competitive examination, and commissions. Preference in employment from duties of, any position subject to competitive
if such nominee shall be certified by such such lists shall be given according examination, unless he shall have previously
commission ag qualified after such non-com- to date of application. There shall passed an open competitive examination
petitive examination, he may be appointed be separate lists of applicants equivalent to that required for such position,
provisionally to fill such vacancy until a se- for different kinds of labor or employment, or unless he shall have served with fidelity
lection and appointment can be made after and the commissions may establish separate for at least three years ia a similar position.
competitive examination, but such provision-labor lists for various institutions and deAppointments to positions in the State serval appointment shall not continue for a longer
partments. Where the labor service of any ice, the duties of which are confined to a lo
period than two months in the State service, department or institution extends to separate cality outside of Albany county, shall, so far or one month in any city, nor shall succes-localities, the commissions may provide sepas practicable, be made from residents of the
sive temporary appointments be made to the judicial district including such locality. The
arate registration lists for each district or same position under this subdivision. examinations shall be public and shall be prac-1
locality. The commissions shall require an
2. In case of vacancy in a position in applicant for registration for the labor service tical in their character and shall relate to the competitive class where pecullar and
to furnish such evidence or pass such exthose matters which will fairly test the rela
exceptional qualifications of a scientific, protive capacity and fitness of the persons ex
ons of a scientific, pro- amination as they may deem proper with
fessional or educational character are re- respect to his age, residence, physical condismined to discharge the duties of that sery
quired; and upon satisfactory evidence that lce into bich they seek to be appointed.
tion, ability to labor, skill, capacity and exfor specified reasons competition in such speSuch commissions shall prepare lists of pre
perience in the trade or employment for which cial case is impracticable and that the posiliminary requirements and subjects of exami- |
he applies. tion can be best filled by the selection of nation for the several positions or groups of
Sec. 18. Official roster; reports of appointsome designated person of high and recogpositions ia the competitive class and shall nized attainments in such qualities, the State
'ng officer3-No person shall be appointed to publish its rules and such information, and or municipal commission may suspend the
or employed in any position in the classified advertise such examinations in such provisions of the rule requiring competition
service of the State or of any city or civil manner as the nature of the examinain such case, but no such suspension shall be
division thereof for which rules have been tions may require. Each of such commisgeneral in its application to such place, and
prescribed pursuant to the provisions of this sions shall require intending competitors to
all such cases of suspension shall be reported act, until he has passed an examination or file in its office a reasonable length of time
in the annual reports of such commissions. | is shown to be especially exempted from before the date of any examination, a formal with the reasons for the same.
such examination in conformity with such aoplication in which the applicant shall state 3. When the services to be rendered by an
rules and the provisions of this act. It shali Wader oath: appointee in the State service are for a tem- be the duty o
| be the duty of each appointing officer of the 1. His full name, residence and post office
porary period not to exceed one month and / State or any such civil division thereof, except address. the need of such service is important and
cities, to report to the State civil service com2 His age, the place and date of his birth. urgent, the appointing officer may select for
mission forthwith upon such appointment or 3 His health and physical capacity for the such temporary service any person on the
employment the name of such appointee or public service. proper list of those eligible for permanent ap
employe, the title and character of his office 4 His right of preference by reason of mili- pointment without regard to his standing on
or employment, the date of the commencetary or naval service. such list.
ment of service by virtue thereof and the 5. His business or employment, and resi. Sec. 15. Promotion, transfer, reinstatement,
salary or compensation thereof, and to report dence for at least the previous five years. reduction--Vacancies in positions in the com
from time to time and upon the date of offl6. Such other information as may reasona petitive class shall be filled, so far as practicial action in or knowledge of each case, bly be required touching the applicant's cable, by promotion from among persons hold- any separation of & person from the service, merit and fitness for the public service. ing positions in a lower grade in the depart- or other change therein, and such other in
Blank forms for such applications shall be ment, office or institution in which the va- formation as the commission may require, in furnished by said commissions without charge cancy exists. Promotions shall be based upon order to keep the roster hereinafter mento all persons requesting the same. Sucb merit and competition and upon the superior i tioned. The commission shall keep. 10 ita