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REPORT

To the Governor:

ALBANY, N. Y., January 30, 1912.

The State Civil Service Commission hereby submits its Twentyninth Annual Report.

Personnel

After a period of six years without any change in the personnel of the Commission, Charles F. Milliken, President of the Commission, and Commissioner R. C. E. Brown resigned; their resignations to take effect on January 16, 1911. Walter C. Burton of Brooklyn and Elek John Ludvigh of New York city were nominated by the Governor as their successors, and in due course the nominations were confirmed by the Senate. The Commission organized on February 21st by the election of John E. Kraft as President.

Meetings

The Commission has held two or more regular meetings each month throughout the year, alternating between Albany and New York city; eighteen meetings have been held at Albany, sixteen at New York and three at Buffalo. Meetings were also held, or inspections made, at Niagara Falls, Tonawanda, Saratoga, Glens Falls, Oneonta, Binghamton, Corning, Watkins, Syracuse, Oneida, Rome, Gloversville, Johnstown, Amsterdam, Cortland, Fulton, Oswego, Watertown, Auburn, Rochester, Utica, Plattsburg, Lockport, Port Jervis, Watervliet, Cohoes and Schenectady, making a total of sixty-four meetings during the year. This large number of meetings was made necessary by the demand of interested persons for hearings before the Commission; the consideration of changes in classification due to the organization of new departments of the State government; and the desire of the Commission to reach a better understanding with municipal commissions throughout the State.

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Classification

Some controversy resulted from the action of the Commission in the matter of exemptions, particularly over fifty-one positions under the jurisdiction of the State Comptroller returned from the competitive to the exempt class in April, 1911. It should be remembered that different State Comptrollers had for years repeatedly certified that examination for these positions was impracticable and that their transfer to the competitive class by the previous Commission was not, made until several positions had been filled, some of the appointments preceding the change in classification by only a short period. The exempt classification is recognized in the existing Civil Service Law and has always formed a most important part of the classification, not only in this State but in every jurisdiction where the Civil Service Law is in operation. It is just as much the duty of the Civil Service Commission to classify in the exempt class, when it is convinced of the propriety of such action, as to classify other positions in the competitive class, when satisfied that such is the proper course. The duties to be performed in the various positions in the State service determine their classification. Under a provision of the Constitution, appointments and promotions in the civil service are required to be made according to merit and fitness, to be ascertained so far as practicable by examination. It is the object of the constitutional mandate to require competitive examinations where they adequately test merit and fitness, and to dispense with competitive examinations where they will not adequately determine these qualifications. It is detrimental to the civil service to exempt a position which should be competitive, and to make competitive a position which should be exempt. It is well known that the forces that have for years contended for the purpose of regulating the classifications in the State service have been, on the one side, the civil service reformers, who seek to get into the competitive class as many places as possible, and on the other, appointing officers, who usually seek to keep out of the competitive class as many places as possible. Neither of these forces should be permitted to control the classification.

During the year 1911 this Commission voted to place in the exempt class 288 positions and denied applications to exempt 210. Twenty-nine exemptions were mandatory under the Civil Service Law; thirty-eight were already exempt under a different title or in another department, while thirty-two fell in a class which had uniformly been exempted by all Commissions since the organization of the department. Forty positions were under boards of elections in counties subject to civil service rules, except in the counties of New York, Kings, Queens and Richmond. Making these deductions, we have a balance of 149 positions, concerning the classification of some of which an honest difference of opinion may prevail.

The civil service rules have now been extended to seventeen counties and seven villages in the State service, the villages having been classified in 1910, and the classification was not so extended without some doubt as to the wisdom of the policy. The results have not been such as would warrant further extension. The Commission in office in 1910, after careful study and special investigation of the matter of the service in certain counties and villages, reached the unanimous conclusion that the rules had been extended to the utmost limit.

Municipal Commissions

Having in mind the fact that the rules have been extended to the civil divisions of the State so far as possible, the Commission has turned its energies in other directions in which it believes it can be helpful in maintaining the merit system. It considers that one of the most promising fields of endeavor at the present time is the effort to encourage and assist officials of the smaller cities of the State in maintaining an administration of the Civil Service Law and rules which shall command the confidence and respect of the community. While the conditions are fairly satisfactory in nearly all the cities of the State, the Commission is convinced that there is still room for much improvement, and devoted an unusual amount of time during the summer and autumn of 1911 to a systematic inspection of many cities. These visits were made in some instances by the entire Commission; and in nearly every case by at least two members of the Commission, accompanied by the Secretary. In this manner twenty-eight cities were inspected, several

of them receiving two or more visits when conditions were found which rendered such a course desirable. In addition to making an examination of the office records, a conference was held with the members of the municipal commission, the mayor, and frequently with citizens interested in the merit system. The result of these conferences was a better understanding of the attitude of the State Commission toward the municipal commissions. A constant effort was made to have the local commissions understand that the desire of the State Commission was not to find fault nor make unnecessary criticism of their methods but in a broad and friendly spirit to co-operate in every way possible in raising the standard of the work of the local commissions to the highest attainable point. This policy has been productive of greatly increased efficiency in many of the cities where such conferences were held. New rules have supplanted the antiquated ones which were supposed to be in force in a number of cities but which were more honored in the breach than in the observance. While it is perhaps impossible to formulate a series of rules that could be regarded as a standard applicable to all the cities of the third class, yet an effort has been made, with much success in several cases, to have new rules adopted, conforming as nearly as possible to a standard. The Commission is impressed with the desirability of closer co-operation between the State and municipal commissions to secure greater uniformity in the matter of examinations, especially in cities of the third class, where the defects in examinations are due in large measure to the absence of paid examiners and to the limited experience of commissions and secretaries in formulating questions and rating answers. At the present time a copy of the questions used in municipal examinations is filed with the State Commission, but owing to the limited force of examiners in the office it is impossible to thoroughly analyze them all. We believe that the scope and rating of all municipal examinations should be carefully scrutinized in the office of the State Commission, and that facilities should be provided not only for doing the work but also for the fixing of questions and the rating of answers, upon request by municipal commissions to perform that service. To this end the State Commission has petitioned the Legislature for an appropriation for the salary of a special examiner, a part of whose duty it shall be

to analyze the examinations conducted by municipal commissions, and by co-operation and suggestion aid in bringing them up to a more uniform, practical and efficient standard. If the Legislature grants this appropriation, and if the same amount of time and energy are devoted by the State Commission to the policy of helping and encouraging the municipal commissions during the year 1912, by the end of that period there ought not to be a single city of any class in the State in which the administration of the Civil Service Law is not worthy of the confidence of the community and deserving of the commendation of the State Commission.

A list of the cities visited during 1911 will be found under the title of Meetings in this report.

In view of the extended investigation of the records of the municipal commission in the city of Buffalo late in 1910, the State Commission has continued to pay much attention to the work oi that commission during the year. On March 2, 1911, the State Commission approved a scheme of classification submitted by the local commission, which remedied the irregularities in the public works department discovered in the investigation above referred to. Inspection of the records in July, 1911, indicated that the local commission was earnestly striving to raise the standard of civil service administration in Buffalo to a point where it would be beyond criticism. At its request, the State Commission, with the Secretary and Chief Examiner, will meet in Buffalo early in 1912 to make a thorough inspection of its work and records and, in conference, to agree upon a new series of rules.

The State Commission renews the recommendation of last year, that the membership of the Buffalo commission be reduced from seven to three, and that the services of a salaried examiner be secured at the earliest possible date. If these recommendations are carried out, we believe that the administration of the Civil Service Law in Buffalo will leave little to be desired.

Investigation at the City of Oswego

The State Commission visited the city of Oswego on the 4th of December, 1911, for the purpose of making the regular inspection of the records of the local commission of that city. On December , 1911, Samuel Hunt and F. A. Scheutzow, members of the

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