deemed expedient, advertisement of examination shall be made in the official newspapers of the city of White Plains for such length of time as the Municipal Commission deems advisable; but the notice posted on the bulletin board of the Commission shall be the only public notice of such examination required. All announcements of competitive examinations shall state title of position and department, salary, age limits, subjects of examination and relative weight of each, and any special qualifications or experience desired.

Rule XI. Examinations

In all examinations for appointment and promotion in the Civil Service of the city of White Plains, merit and fitness shall be determined by and upon competitive examinations for all positions in the Competitive Class as herein provided. The merit and fitness of all applicants shall be determined by examination conducted by the Municipal Civil Service Commission. Upon all such examinations no rating higher than one hundred per centum shall be given to any person. Lists containing the names and ratings of all applicants found on such examination to be eligible for appointment and promotion for merit and fitness, shall be made up for certification to the person or persons holding the power of appointment or promotion, in the manner provided in these rules and regulations.

No person whose standing on any obligatory subject is less than sixty, or ascertained average standing on all the obligatory subjects is less than seventy-five per centum, will be entered upon the eligible list.

Rule XII. Conduct of Examinations

The actual conduct of every examination for merit and fitness shall be under the responsible direction of the Municipal Civil Service Commission or its designated members, free from the interferences or participation or influence of the appointing officer or officers, or of any person other than the assistant examiners or experts directly employed by the Municipal Civil Service Commission. No person employed in a department, for whose benefit an eligible list is to be prepared, shall be employed as an expert upon the examination for such eligible list. The Municipal Civil Service Commission may in the examination give such relative importance to the different subjects or matters of examination, whether mental or physical, or to experience, occupation or training as to it may seem fit. At or before the commencement of every examination, the weight to be given every subject included in the examination, and the general or average minimum and the minimum, if any allowable, upon each subject shall be announced to the applicant. The appointing officer shall state to the Municipal Civil Service Commission upon its request, and so far as is consistent with these rules, the general qualifications or attainments, physical or mental, or both, and the experience he deems necessary and proper to be possessed by persons filling the position for which an eligible list is to be prepared.

Rule XIII. Character of Examination

All examinations shall be public and practical in their character, and shall relate to those matters which shall fairly test the intelligence, competency, suitability and character of the applicants to discharge the duties of the

service to which they seek to be appointed. The Municipal Civil Service Commission, with the approval of the State Civil Service Commission, shall determine when examinations are not practicable in cases relating to the Civil Service in the city of White Plains.

Rule XIV. Physical Examination

Whenever physical qualifications are of prime importance to the proper discharge of the duties of any position, applicants must pass an additional examination as to their physical condition and capacity, and be duly certified as qualified in such respects before they shall be accorded a mental examination. Such physical examination shall be made by the examining physician appointed by the Municipal Civil Service Commission.

Rule XV. Political Opinions of Candidates

No recommendation or question under the authority of these rules shall relate to the political opinions or affiliations of any person whatever. Nor shall political opinions be discussed or considered by the Municipal Commissioners in their examinations. The Municipal Commission shall not receive or consider any communication as to the qualifications or merits of any candidate for a position except such as are permitted by these rules, and except such communications as they may seek by way of verification of statements made by applicant.

Rule XVI. Eligible List

Every competitor who attains an average percentage of seventy-five (75) or over on all the obligatory subjects in any examination, and whose standing on every such obligatory subject is sixty (60) or over, shall be eligible for appointment to the position for which he was examined; and the names of all eligibles shall be entered in the order of their average percentages on the proper register of eligibles, provided that the names of competitors who have passed as above and whose claims for preference under section 9, article V of the Constitution have been allowed by the Municipal Commission, shall be placed in the order of their respective percentages at the head of the proper list of eligibles.

When two or more eligibles on a register have the same average percentage preference in certification shall be determined by the order in which their applications were filed, but neither priority in the date of application nor of examination will give any other advantage in position on the register of eligibles.

The Municipal Civil Service Commission shall prescribe the character of the distinct eligible lists, designating the positions which may be filled by certification from each of said lists.

The term of an eligible list, except as provided in subdivision 5 of Rule XXXII, is fixed at not less than one year nor more than four years from the date of the establishment of said list. An eligible list which has been in force for a period of one year shall terminate, provided a new examination has been held and a new eligible list prepared for the same position. Persons whose names appear upon any such eligible list shall be notified by mail

when a new examination is to held for the same position and informed that their eligibility will cease upon the establishment of a new eligible list as a result of the new examination.

Rule XVII. Regrading

Where an examination for any grade is held before the eligible list for that grade is exhausted, provided such list has been established for less than one year and contains less than three names, a new list shall be prepared after such examination. The persons upon the former eligible list who have not been examined for the new eligible list shall be respectively placed upon the new eligible list in the position to which the percentage of their aggregate marking upon their former examinations would entitle them if such markings had instead been given them upon the new examination and shall be continued thereon until the end of their term of eligibility.

All eligible lists of persons examined for appointment or promotion in the Civil Service of the Village of White Plains prior to the adoption of these rules shall be continued in full force and effect, and may be certified to the person or persons holding the power of appointment or promotion, except as otherwise provided in Rule XVI, until an examination is held and a new eligible list promulgated.

Rule XIX. Written or Oral Examination

In the creation of new eligible lists the rating shall be based upon such written or oral examinations, or both, as the Municipal Civil Service Commission shall determine, and all oral examinations shall be stenographically recorded.

Rule XX. Correction of Errors.

The Municipal Civil Service Commission shall have power, in its discretion, whenever in its judgment the interest of the public service require it, to order a re-examination of applicants for any position, and shall have power to correct any error and amend or revoke any schedule, list or other paper or record where it appears that an error or injustice has been done, or, where any person whose name appears on any eligible list has for any reason become incapacitated for appointment in the public service, to strike such name from said list, provided, however, that after an eligible list is prepared and certified it shall not be altered or revoked except upon notice by mail or otherwise, as the Municipal Commission may direct, to all those persons whose standing may be unfavorably affected by the alteration. But the reasons for, any such action shall be recorded in full in the minutes of the Municipal Civil Service Commission.

A competitor receiving notice as to the result of his examination and his relative position on the eligible list, may in person, or by his duly authorized agent, in the presence of any member of the Municipal Civil Service Commission, inspect his examination papers, and if in his opinion injustice has been done, he may within ten days after the receipt of the notice appeal

to the Municipal Civil Service Commission, specifying particularly and in detail the cause of his complaint. Such appeal shall be considered by the Municipal Civil Service Commission, and if they deem it necessary, they will direct the revision of the marking or grading of the appellant's papers or otherwise do justice in the premises.

Rule XXI. Certification for Appointment

1. Whenever a vacancy shall occur within any grade of the Competitive or Labor Class, which, in the opinion of the appointing officer, the business of the city requires to be filled, he shall forthwith notify the Secretary of the Municipal Civil Service Commission of the vacancy and state whether the same is to be filled by appointment or promotion or by reinstatement, and the title of the position, the duties to be performed, the number of vacancies to be filled and the compensation to be paid.

2. Appointments shall be made to or employment shall be given in all positions in the Competitive and Labor Classes that are not filled by promotion, reinstatement, transfer or reduction, under the provisions of the Civil Service Law and these rules, by appointment from among those standing highest on the eligible list prepared by the Municipal Commission, except as otherwise provided in the Civil Service Law.

3. The Secretary of the Municipal Civil Service Commission shall thereupon, as soon as practicable, certify to the appointing officer for appointment, or promotion or for reinstatement from the eligible list most nearly appropriate to such position, as it may then exist, the names of the three persons standing highest on such eligible list, indicating such of them, if any, as are honorably discharged soldiers, sailors or marines of the army and navy of the United States in the late Civil War, citizens and residents of this State. The certificate of the Secretary shall in all cases state the relative standing of each of the persons certified.

4. The appointing officer shall thereupon fill said vacancy or vacancies by the appointment of one or more of the persons so certified. Until an appointment has been made from said certification, or until said certification has been cancelled, no new certification shall be made to fill said vacant position or positions.

5. When a requisition is made to fill a position for which no eligible list exists the Municipal Civil Service Commission shall make certification from the eligible list most nearly appropriate for the group in which the position to be filled is classified and wherein the qualifications demanded have been detemined by examination.

6. No person on an eligible list shall be certified more than three times to the same appointing officer for the same bureau or institution, except at the request of the said appointing officer, unless the person so certified is a veteran, in which case his name shall continue to be certified so long as it remains on the eligible list under these rules. Unless an appointment is made an eligible will not be charged with a certification.

If the appointing officer shall certify that a person named in a certificate has declined to accept a position offered, the Secretary may certify the name of the person standing next highest upon the eligible list to those already certified.

If a person who is not entitled to certification is certified and appointed, his appointment shall be immediately revoked by the appointing officer upon notification by the Municipal Civil Service Commission.

7. No person whose name is upon an eligible list may waive his right to certification or appointment except for one of the following reasons stated in writing to the appointing officer and to the Municipal Civil Service Commission:

(a) Insufficiency of salary attached to the position offered, or

(b) Temporary inability, physical or otherwise, to accept the position offered, the proof of which shall be accepted by the Municipal Civil Service Commission. The Commission shall enter upon its minutes the reasons for its actions in each such case, and the waiver shall not continue in effect for a longer period than thirty days from the date of certification. The name of any eligible who shall decline certification or appointment for any reason other than those above specified shall be stricken from the list. Whenever an eligible certified for appointment shall fail to accept an offer of appointment sent to him by mail at his post office address, within the four business days next succeeding the mailing of such offer of appointment, he shall be deemed to have declined such appointment. An eligible who has declined an appointment on the ground of the insufficiency of the salary offered shall not thereafter be certified for a position at the same or a less salary. Whenever one or more eligibles shall have declined any appointment offered, and an eligible whose relative standing is lower shall have been appointed to the position, the salary or compensation of such appointee shall not be increased within a period of one year after his appointment, beyond that offered to the persons so declining.

8. If the appointment shall be made of any person other than one of the three standing highest on the eligible list, the appointing officer shall forward to the Municipal Civil Service Commission, with the notice of appointment, copies of all correspondence to and from the persons declining such appointment.

Rule XXII. Suspension of Rules

In case of a vacancy in any position in the Competitive Class, where peculiar and exceptional qualifications of a scientific, professional or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impracticable, the Municipal Civil Service Commission may, upon obtaining the approval of the State Civil Service Commission, suspend the provisions of the rule requiring competition in such case, 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 of the Municipal Civil Service Commission, with the reasons for the same.

Rule XXIII. Qualifications as to Residence and Citizenship Every applicant for examination for appointment to any of the positions enumerated in the Competitive or Non-Competitive Class, or for registration for employment in any of the positions enumerated in the Labor Class, must be a citizen of the United States and an actual resident of the city of White