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REPORT

To the Governor:

ALBANY, N. Y., January 15, 1914.

The State Civil Service Commission hereby submits its Thirtyfirst Annual Report, being for the year 1913.

Personnel

The present Commission, consisting of Jacob Neu, Brooklyn, N. Y.; Meyer Wolff, M. D., New York City; and James A. Lavery, Poughkeepsie, N. Y.; organized January 7, 1913, having been appointed by Governor Sulzer as successors to John E. Kraft, Kingston, N. Y.; Walter C. Burton, Brooklyn, N. Y.; and Elek John Ludvigh, New York City, who had resigned. Commissioner Neu was elected President, and the standing committees chosen.

Meetings

The Commission has held one hundred and twenty-eight meetings during the year, being more than double the number held by any previous Commission in a corresponding period of time. Of this number thirty-seven meetings were held at Albany, fifty in New York City, and forty-one in other places.

Work of the Commission

Since the date of assuming office the Commissioners have given practically their entire time to their duties, each meeting held representing in almost every instance a continuous day's service. This indicates that the work of the Commission is constantly increasing in every department of its activities, and as proof of this growth we compare the three-year period, 1908-1910, with the three-year period, 1911-1913. The total number of candidates examined during the first period was, in round numbers, 27,000, and in the second period 40,000. This is an increase of nearly 50 per cent. The total number examined during the year

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1913 will approximate 15,000. The routine work of the department has absorbed all the energies of the Commission and its employees, leaving no opportunity for extension of the work along new lines, and compelling the Commission to neglect certain phases which should be distinctly broadened.

The most important legislation affecting the department during the year was the act of the Legislature fixing the terms of the State Civil Service Commissioners, one for two years from February 1, 1913, one for four years from February 1, 1913, and one for six years from February 1, 1913. Upon the expiration of each of said terms the term of office of the Commissioner thereafter appointed shall be six years from the first day of February of the year in which he was selected. This plan gives stability to the Commission, providing as it does for the expiration of the term of one commissioner every two years, leaving two commissioners who are familiar with the work of the department, and prevents the confusion and bad effects caused by an entire change of administration.

We are of the opinion that the Commission has taken an advance step during the year by the inauguration of oral examinations and tests of candidates for the more important positions in the State and county service, and the Commission has reason to believe that this new plan has resulted in obtaining for the service a most superior class of candidates for selection from the eligible lists. The commissioners have personally conducted these examinations in eleven cities throughout the State and 981 candidates have been thus examined by them. This has entailed much additional work on the part of the Commission and its employees, but the result achieved justifies the labor and expense.

Suggested Amendments to the Civil Service Law

1. An amendment to the statute providing that municipal civil service commissions shall consist of three members only, with terms of three years each, one term to expire annually on December 31st.

2. An amendment giving municipal civil service commissions power to investigate concerning, and report to the State Commission, upon all matters touching the enforcement and effect of the municipal civil service rules.

3. An amendment requiring all first class cities, except the city of New York, to employ a salaried examiner (chief examiner) who shall also act as secretary.

4. Legislation granting the right of hearing before dismissal of employees in the State or municipal service. This was the purpose of the Griffin-Walker bill passed at the last session of the Legislature, which was vetoed by the Governor. We would suggest in lieu of that measure legislation granting the right of hearing before dismissal, before the head of each department. A full stenographic record of the charges, answers and testimony taken, together with the findings, to be transmitted to the Commission. The person affected thereby shall have the right to appeal on this record to this Commission, for a review of the evidence and determination on such hearing. The decision of this Commission shall be final and conclusive and not subject to review by the courts. This would overcome the objections offered to the GriffinWalker bill that the right to a writ of certiorari would clog the judicial machinery.

5. One of the gravest defects in our State Civil Service system is the absence of a scheme of retirement or for pensioning superannuated employees. It seems to us that a retirement system of some sort is the logical result of the civil service. The subject is attracting greater attention year by year, and the time is not far distant when New York State, as well as the United States Government, will join the other great nations of the earth in a system of retirement for aged and disabled civil service employees. It should be borne in mind that the Legislature has already authorized systems of retirement for the employees of the State hospital service and for school teachers. There is absolutely no logical reason why the system should not be extended to State employees. A movement is now being made for legislative enactment in this State for the retirement on a pension of civil service employees; retirement to be voluntary at the age of seventy, and compulsory at the age of seventy-five, pensions to be graded according to length of service. As a business proposition it is believed that a measure of this

kind will benefit the state financially and improve the efficiency of the civil service. It will put into the places now held by employees who have reached the age of seventy and upwards, younger men with greater energy, and at less salary. Many corporations and business firms, realizing the benefits of the pension system, have already adopted it. Among them are the Pennsylvania Railroad Company; the United States Steel Corporation, and its subsidiaries; the American Telephone and Telegraph Company; the Frisco Railway System, which includes the St. Louis and San Francisco, the Fort Worth and Rio Grande, the St. Louis, San Francisco and Texas; the Paris and Great Northern; and the New York Central lines. Nothing, naturally, will be done to relieve the worn-out, superannuated men and women in our government service until there is a public demand for it. Americans are a busy lot and have their own affairs to look after, but when they are educated to the true conditions concerning government employees they will urge Congress and our State Legislature to act; and when the people recognize the benefits to be derived from the pension system something will be done, and not until then.

There are other amendments to the Civil Service Law which are worthy of consideration, but the Commission refrains at this time from making specific recommendations. Among these we cite the following:

1. A section or sections defining the general powers of appointing officers in the matter of discipline-including removal, suspension, reduction, regulation of office hours of employees, etc.

2. A section or sections providing for grading of all or most of the classes of subordinate employees in the public service, except those covered by existing schedules of salaries and wages for State hospitals, charitable institutions and prisons, based on the following principles:

a. A maximum and minimum salary to be provided for each grade or class of employees; all original appointments to be made at the minimum, increase from minimum to

maximum to be allowed by several small steps, only after stated periods of service, and only upon the affirmative action of the appointing officer; the appointing officer to be distinctly authorized to withhold such increases after the required period of service until he believes the appointee to be entitled to an increase by reason of meritorious service.

b. Increase to the maximum of any grade to be granted only upon the affirmative certificate of the appointing officer that the service is "superior."

c. Present salaries of employees to be taken where they are found, but not to receive further increases until they satisfy the requirements of the new system.

d. All increases to be conditioned on the existence of an appropriation from which they can be paid.

e. Promotion to the next higher grade or class to be upon civil service examination so far as practicable.

f. Some provision for the recognition of long and faithful service after the maximum of the grade is reached, even in cases where there has been no promotion to a higher grade and perhaps no marked change in the character of work done.

g. All increases, except the first one or two in minor positions, to take effect, if granted, at the beginning of the fiscal

year.

h. Continuous service in different departments to be counted the same as continuous service in one department.

Many examples could be given to show the present unbalanced salaries of State employees. Employees in certain departments, who have served with the highest satisfaction for many years, are receiving less salary than employees in other departments performing the same kind of duties, who have entered the service in recent years. The matter of salary of a State employee, which is not regulated by statute, resolves itself largely to a question of pull with the legislative committees. This is most unbusinesslike and the result is that the appropriations allowed for salaries are not to any degree based upon seniority, merit, or efficiency.

Some scheme for the standardization of salaries is imperative, and while any plan which may be adopted may not at the outset

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