Report of the State Civil Service Commission, Volume 29, Part 1

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The Commission, 1912

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Page 27 - If the position is clearly one properly subject to competitive examination, the commissioners may be compelled to so classify it. On the other hand, if the position be by statute or from its nature exempt from examination, and the action of the commission be palpably illegal, the commission may be compelled to strike the position from the competitive or examination class, though in such case redress by mandamus would often be unnecessary, as a valid appointment could be made notwithstanding the classification....
Page 42 - He shall likewise notify any candidate who, though admitted to the examination, has been rejected for reasons other than failure to receive the required minimum, stating such reasons specifically.
Page 27 - The result of this conclusion in the Schau case is that the action of the civil service commissioners, in making classifications, is subject to a judicial control that is limited to such questions as may properly be reviewed in proceedings instituted by writ of mandamus.
Page 27 - Sims case and after mature deliberation we decided to retract our earlier views and held that the determination of a Civil Service Commission in classifying positions in the public service, although involving the exercise of judgment and discretion, is more of a legislative or executive character than judicial or quasi-judicial.
Page 23 - ... Service Law requiring appointments to positions in the State Service, the duties of which are confined to a locality outside of Albany county, to be made, so far as practicable, from residents of the judicial district...
Page 23 - ... certifications shall be made of names of residents of the first and second judicial districts for vacancies in state departments or institutions with offices in the borough of Manhattan, New York City.
Page 23 - ... shall be made from the residents of the judicial district in which the vacancy exists except that from the eligible lists of clerks, junior clerks, bookkeepers, stenographers, pages, messengers, inspectors of masonry, watchmen, telephone operators...
Page 25 - Com mission to rescind its resolution changing the classification of the position of transfer tax appraiser from the competitive to the exempt class.
Page 27 - ... other cases involving judicial functions. This was in 1903. Three years of experience under that decision demonstrated that this court had in effect assumed the functions of the Civil Service Commissioners, for every challenged decision of these officers was brought to this court as a question of law. The case of People ex rel. Schau v. McWilliams (185 NY 92), which came to us in 1906, very pointedly presented the unfortunate tendencies of our decision in the Sims case and after mature deliberation...
Page 37 - A uniform system of estimating and recording the relative efficiency of employees could then be adopted and more effectively applied for all bureaus and offices in all departments. This can best be accomplished by the aid of an independent commission or body, such as the Civil Service Commission. To secure uniform methods of procedure and results in all bureaus and departments, it would be well for the commission to prescribe the necessary forms for recording efficiency ratings and to have some part...

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