PU6SJ 
 
 STP 
 
 RULES 
 
 Civil Service Commission^ 
 
 for the 
 
 City of .Buffalo/-* 
 
 702-n
 
 RULES 
 
 of the 
 
 Civil Service Commission 
 
 for the 
 
 City of Buffalo
 
 CHARLES L. FELDMAN, 
 CYRUS L. BARBER, 
 
 WILLIAM F. WIERLING, 
 
 Commissioners. 
 
 ALBERT O. ALLGEYER, 
 
 Secretary*
 
 MUNICIPAL CIVIL SERVICE COMMISSION 
 552-554-556 Ellicott Square. 
 
 Buffalo, N. Y., February 1, 1917. 
 
 To His Honor the Mayor of the City of Buffalo 
 
 and to the Honorable the State Civil Service Com- 
 mission : 
 
 Gentlemen : 
 
 Pursuant to a resolution duly adopted by this 
 Commission at a regular meeting held on Thursday, 
 February 1, 1917, the following rules and regulations 
 governing the civil service of the City of Buffalo are 
 recommended and herewith submitted for your 
 approval. 
 
 CHARLES L. FELDMAN, 
 CYRUS L. BARBER, 
 WILLIAM F. WIERLING, 
 
 Commissioners. 
 
 Attest: 
 
 ALBERT O. ALLGEYER, 
 
 Secretary. 
 
 Filed in the City Clerk's Office, February 16, 1917.
 
 MAYOR'S OFFICE 
 City of Buffalo. 
 
 I hereby approve of the following rules and regula- 
 tions governing the civil service of the City of Buffalo. 
 
 LOUIS P. FUHRMANN, 
 
 Mayor. 
 February 6, 1917. 
 
 STATE OF NEW YORK, 
 State Civil Service Commission. 
 
 Albany, N. Y., February 14, 1917. 
 
 The following rules and regulations governing the 
 civil service of the City of Buffalo, having been 
 duly examined, are hereby ratified and approved by the 
 State Civil Service Commission. 
 
 Attest: 
 
 [SEAL] JOHN C. BIRDSEYE, 
 
 Secretary. 
 
 6
 
 Office of 
 
 CIVIL SERVICE COMMISSION 
 City of Buffalo. 
 
 At a regular meeting of the Civil Service Commis- 
 sion of the City of Buffalo held in said city on 
 Thursday, February 1, 1917, 
 
 Present: Charles L. Feldman, Cyrus L. Barber and 
 William F. Wierling, Commissioners, 
 
 the following resolution was duly adopted: 
 
 RESOLVED: That the following rules and 
 regulations be and the same are hereby prescribed 
 and adopted for the government of the Civil 
 Service of the City of Buffalo, subject to 
 approval by the Mayor and the State Civil Service 
 Commission. 
 
 ALBERT O. ALLGEYER, 
 
 Secretary.
 
 CONTENTS 
 
 Rule Page 
 
 1. Definition of Terms 11 
 
 2. Officers and Employees of the Commission 12 
 
 3. The Unclassified Service .'. 12 
 
 4. The Classified Service 13 
 
 5. The Exempt Class (Schedule A) 13 
 
 6. The Competitive Class (Schedule B) 14 
 
 7. The Non-Competitive Class (Schedule C) 14 
 
 8. The Labor Class (Schedule D) 14 
 
 9. Applications for Examinations 15 
 
 10. Applications for Police Department 17 
 
 11. Applications for Fire Department 18 
 
 12. Applications for positions in the Fire and Police 
 
 Departments other than Patrolman or Fireman 19 
 
 13. Disqualification of Applicants 19 
 
 14. Waiver as to Residence and Citizenship 20 
 
 15. Examinations 20 
 
 16. Suspension of Rule requiring Competition 22 
 
 17. Eligible Lists 23 
 
 18. All Appointments Subject to the Civil Service Law 
 
 and these Rules 24 
 
 19. Appointments to, and Employments in, Positions in 
 
 the Competitive Class 24 
 
 20. Appointments to positions in the Competitive Class. 
 
 From the Eligible List . 25 
 
 21. Appointments to Positions in the Competitive Class. 
 
 Provisional Appointments 27 
 
 22. Temporary Employment in Competitive Positions 28 
 
 23. Appointments to Season Positions 29 
 
 24. Emergency Employment 30 
 
 25. Special Patrolmen 30 
 
 26. Appointments of Firemen and Drivers in the Fire 
 
 Department 31 
 
 27. Appointments as Desk Sergeants 32 
 
 28. Term of Probation of Appointments in the Classified 
 
 Service 33 
 
 29. Promotions 33 
 
 30. Transfers 35 
 
 31. Reinstatement in Service 35 
 
 32. Leave of Absence 37 
 
 9
 
 Rule Page 
 
 33. Appointments to Positions in the Non-Competitive 
 
 Class 37 
 
 34. Appointments to Positions in the Labor Class 38 
 
 35. Preferences Allowed Honorably Discharged Soldiers, 
 
 Sailors and Marines 40 
 
 36. Efficiency Records 41 
 
 37. Reports of Appointing Officers 41 
 
 38. The Official Roster 43 
 
 39. Certificate Before Payment for Services 43 
 
 40. Payrolls, Estimates and Accounts 44 
 
 Schedules 46 
 
 Constitutional Provision 52 
 
 Civil Service Law 53 
 
 Index to Rules.. 77 
 
 Index to Civil Service Law.... 86 
 
 10
 
 RULES OF THE CIVIL SERVICE COMMISSION 
 FOR THE CITY OF BUFFALO. 
 
 RULE 1. 
 Definition of Terms. 
 
 The several terms heieinafter mentioned, whenever 
 used in these rules or in any regulations thereunder, 
 shall be construed as follows : 
 
 1. The "Civil Service" of the City of Buffalo in- 
 cludes all offices and positions of trust or employment 
 in the service of the city. 
 
 2. The term "appointing officer" signifies the 
 Council, City Commissioner, Officer, Commission, 
 Board or Body having the power of appointment to 
 subordinate positions in any office, court, department, 
 commission, board or institution. 
 
 3. 'The term "head of the department" signifies 
 the Commissioner, Officer, Commission, Board or 
 Body being in direct charge of any office, court, com- 
 mission, board or institution. 
 
 4. The term "group" refers to the divisions in a 
 class based upon the character of the duties of the 
 positions, without regard to the salaries received. 
 
 5. The term "grade" refers to the divisions of 
 any group upon the basis of salary or compensation 
 received. 
 
 11
 
 6. The term "compensation" shall be construed 
 as the annual salary of the position or duties or its 
 equivalent when stated by the day, week or month, 
 and shall include proper commutation for lodgings and 
 board, or either, when the same are furnished free as 
 a part of such compensation. 
 
 7. The terms "laborer" and "unskilled laborer" 
 are used synonymously and shall be construed as 
 applying only to persons employed as ordinary laborers 
 and shall not include mechanics, artisans, tradesmen, 
 or skilled laborers. 
 
 8. The term "he" and its derivatives shall 
 include "she" and its derivatives. 
 
 RULE 2. 
 Officers and Employees of the Commission. 
 
 The Civil Service Commission of the City of 
 Buffalo shall consist of three Commissioners, who shall 
 be appointed and hold office as provided by law. 
 The Commission shall at the first regular meeting 
 held in January of each year elect one of its members 
 as President. The Commission shall have the power 
 to appoint a secretary and such examiners, stenogra- 
 phers and clerks as the needs of the service require, 
 and the Commissioners, Secretary and other em- 
 ployees shall receive such annual salary or compensa- 
 tion as may be duly authorized. 
 
 RULE 3. 
 
 The Unclassified Service. 
 
 The unclassified service of the City of Buffalo shall 
 comprise all elective offices ; the head or heads of any 
 
 12
 
 Department; all election officers, and persons em- 
 ployed in or who seek to enter the public service as 
 superintendents, principals or teachers in a public 
 school. 
 
 RULE 4. 
 The Classified Service. 
 
 The classified service shall comprise all positions 
 not included in the unclassified service. The classified 
 service is hereby divided into four classes, viz.: the 
 exempt class, the competitive class, the non-competi- 
 tive class and the labor class, designated respectively 
 herein as Schedules "A," "B," "C" and "D." 
 
 RULE 5. 
 
 The Exempt Class (Schedule "A.") 
 The exempt class shall include : 
 
 1. The deputies of principal executive officers, 
 authorized by law to act generally for and in the place 
 of their principals; 
 
 2. One secretary of each officer, board or commis- 
 sion, authorized by law to appoint a secretary; 
 
 3. One clerk, and one deputy clerk if authorized by 
 law. of each court, and one clerk of each elective 
 judicial officer; 
 
 4. Such other positions, specifically named in the 
 schedules hereto annexed, as the Commission may 
 deem impracticable to fill by competitive or non- 
 competitive examination, but no office or position 
 shall be deemed to be in the exempt class unless it is 
 
 13
 
 specifically named in such class in these rules. ' Not 
 more than one appointment shall be made to or under 
 the title of any such office or position, unless a 
 different number is specifically mentioned in these 
 rules. Appointments to positions in the exempt class 
 may be made without examination. 
 
 RULE 6. 
 The Competitive Class (Schedule "B.") 
 
 The competitive class shall include all positions for 
 which it is practicable to determine the merit and the 
 fitness of applicants by open competitive examination, 
 and shall include all positions now existing, or hereafter 
 created, of whatever functions, designations, or com- 
 pensation in each and every branch of the classified 
 service, except such positions as are specifically 
 enumerated in the Exempt, the Non-Competitive or 
 the Labor Classes. 
 
 RULE 7. 
 The Non-Competitive Class (Schedule "C.") 
 
 The non-competitive class shall include such posi- 
 tions as are not in the exempt class or the labor class 
 and which it is impracticable to include in the 
 competitive class. 
 
 RULE 8. 
 The Labor Class (Schedule "D.") 
 
 The labor class shall include unskilled laborers and 
 such skilled laborers as are not included in the com- 
 petitive class or the non-competitive class. 
 
 14
 
 Rule 9. 
 Applications for Examination. 
 
 No person shall be admitted to any examination 
 for a position in the competitive clasToFtheliori^com- 
 petitive class, until_he shall have filed an application 
 under oath upon a form provided by the Commission 
 which shall show : < 
 
 
 1. His full name; that he is a citizen of the United 
 
 States, and has resided continuously in the City of 
 Buffalo for the two preceding years; "the street and 
 number of his residence; his post-office address; his age, 
 place and date of birth; the nature of his education; 
 his business training and experience; his business and 
 employment and residence for the previous five years ; 
 whether he has ever been in official service before, and 
 if so, when and where; whether he has ever been 
 discharged therefrom, and if so, the reason therefor; 
 whether he has been honorably discharged from 
 military or naval service of the United States, as 
 soldier, sailor or marine, during the late Civil War, in 
 which case the discharge, or duly authenticated copy 
 thereof, shall be submitted with the application; and 
 such other information as may be required touching 
 upon the applicant's merit and fitness for the public 
 service. 
 
 2. That he is free from any disease or physical 
 defect which might impair his ability to render good 
 and faithful service to the City of Buffalo. 
 
 3. The certificate of three reputable citizens of 
 the City of Buffalo, each certifying that he individually 
 has been personally acquainted with the applicant for 
 at least one year, and believes him to be of good moral 
 character, of temperate and industrious habits, and in 
 
 15
 
 all respects fit for the service he wishes to enter ; that he 
 is willing to answer such detailed questions as may be 
 addressed to him by the Commission in relation 
 thereto; and that all such information may be pub- 
 lished at the discretion of the Commission. 
 
 4. The Commission may further require in con- 
 nection with such application such certificates of 
 citizens, physicians or others having knowledge of the 
 applicant as to the applicant's character, trustworthi- 
 ness, business experience and fitness for the position 
 as the Commission may deem for the good of the 
 service. 
 
 5. The Commission shall not consider any 
 communication as to the qualifications or merits 
 of any candidate for a position except such com- 
 munications as it may invite by way of verification of 
 statements made by candidates. 
 
 6. In applications for examination for positions 
 requiring scientific, professional or technical qualifica- 
 tions, the Commission may require evidence of 
 special education in, and of practical experience for a 
 satisfactory term in, the science, profession, art or 
 trade involved ; and may require the production of such 
 certificates of competency and licenses as are required 
 by the statutes of this State, or by the ordinances of 
 the City of Buffalo, preliminary to the practice of 
 such science, profession, art or trade. 
 
 7. The Commission may prescribe such limits of 
 age for any position where, in its judgment, the nature 
 of the work to be performed so demands, subject to 
 the provisions of law respecting veterans. 
 
 16
 
 RULE 10. 
 Applications for Police Department. 
 
 Applicants for examination for patrolman in the 
 Police Department shall, in addition to the general 
 requirements of Rule 9: 
 
 1 . Be not less than 24 nor more than 30 years of 
 age at the date of their examination and not more 
 than 33 at the time of their appointment. 
 
 2. Be not less than 5 feet 10 inches, nor more than 
 6 feet 4 inches in height. 
 
 3. Shall have a chest expansion of not less than 3 
 inches and shall possess the minimum normal chest 
 measurement fixed in the following schedule for their 
 respective height: 
 
 4. Shall weigh not more than 10 per cent, above 
 nor more than 5 per cent, below the standard weight 
 according to their respective height and age as fixed in 
 the following schedule : 
 
 Height 
 
 AGE nearest birthday 
 
 24 25 26 27 
 Yrs. Yrs. Yrs. Yrs. 
 
 28 
 Yrs. 
 
 29 
 
 Yrs. 
 
 30 
 
 Yrs. 
 
 Min. 
 Nor'l 
 Chest 
 Inches 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 5' 10' 
 5' 11' 
 6' 
 6' 1" 
 6' 2' 
 6' 3' 
 6' 4' 
 
 156 
 . 160 
 . 165 
 . 171 
 . 177 
 . 182 
 . 187 
 
 157 
 
 162 
 167 
 173 
 179 
 184 
 189 
 
 158 
 163 
 168 
 174 
 180 
 186 
 191 
 
 158 
 163 
 169 
 175 
 181 
 187 
 192 
 
 159 
 164 
 170 
 176 
 182 
 188 
 193 
 
 160 
 165 
 171 
 177 
 183 
 189 
 194 
 
 161 
 166 
 172 
 178 
 184 
 190 
 196 
 
 35y 2 
 36 
 
 36^ 
 37 
 37^ 
 38 
 38^ 
 
 17
 
 RULE 11. 
 Applications for Fire Department. 
 
 Applicants for examination for fireman in the Fire 
 Department shall, in addition to the general require- 
 ments of Rule 9: 
 
 1. Be not less than 21 nor more than 30 years of 
 age at the date of their examination and not more than 
 33 at the time of their appointment. 
 
 2. Be not less than 5 feet 7 inches, nor more than 
 6 feet 4 inches in height. 
 
 3. Shall have a chest expansion of not less than 
 3 inches and shall possess the minimum normal chest 
 measurement fixed in the following schedule for their 
 respective height. 
 
 4. Shall weigh not more than 5 per cent, above, 
 nor more then 10 per cent, below the standard weight 
 according to their respective height and age as fixed in 
 the following schedule: 
 
 AGE nearest birthday. 
 
 21 22 23 24 25 26 27 28 29 30 Min. 
 Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Nor'l 
 
 Height Chest 
 
 Ibs. Ibs. Ibs. Ibs. Ibs. Ibs. Ibs. Ibs. Ibs. Ibs. Inches 
 
 5' 7" 141 142 143 144 145 146 146 147 148 148 34 
 
 5' 8* 145 146 147 148 149 150 150 151 152 152 
 
 5' 9* 149 150 151 152 153 154 154 155 156 156 35 
 
 5' 10* 153 154 155 156 157 158 158 159 160 161 
 
 5' ir 157 158 159 160 162 163 163 164 165 166 36 
 
 6' 162 163 164 165 167 168 169 170 171 172 36^ 
 
 6' 1" 167 168 169 171 173 174 175 176 177 178 37 
 
 6' 2" 172 173 175 177 179 180 181 182 183 184 Ziy 2 
 
 6' 3' 177 178 180 182 184 186 187 188 189 190 38 
 
 6' 4' 182 183 185 187 189 191 192 193 194 196 38^ 
 
 18
 
 RULE 12. 
 
 Applications for Positions in the Fire and Police 
 Departments other than Patrolman or Fireman. 
 
 Applicants for examination to positions in the 
 Police and Fire Departments other than patrolman or 
 fireman shall possess the physical qualifications pre- 
 scribed for patrolman or fireman, except as to minimum 
 height and weight, which latter shall be fixed by the 
 Commission. 
 
 RULE 13. 
 
 Disqualification of Applicants. 
 
 The Commission may refuse to examine an appli- 
 cant, or after examination to certify an eligible, who is 
 found to lack any of the established preliminary re- 
 quirements for the examination or position for which 
 he applies; or who is physically so disabled as to be 
 rendered unfit for his performance of the duties of the 
 position to which he seeks appointment; or who is 
 addicted to the habitual use of intoxicating beverages 
 to excess; or who has been guilty of a crime or of in- 
 famous or notoriously disgraceful conduct ; or who has 
 been dismissed from the public service for delinquency 
 or misconduct; or who has intentionally made a false 
 statement of any material fact or practiced or at- 
 tempted to practice, any deception or fraud in his 
 application, in his examination, or in securing his 
 eligibility or appointment. Any of the foregoing 
 disqualifications shall be cause for the removal of the 
 name of such applicant from an eligible list or from 
 the service after his appointment. 
 
 19
 
 RULE 14. 
 
 Waiver as to Residence and Citizenship. 
 
 t 
 
 The restrictions as to residence and citizenship 
 
 may be waived by the Commission, as to all positions 
 which require special, scientific or technical training 
 and education, or in cases where, because of low 
 compensation or other reason such requirements are 
 disadvantageous to the public service, and also as to 
 all positions in the hospital service. r\ 
 
 RULE 15. 
 Examinations. 
 
 1. All examinations shall be public and shall be 
 practical in their character and relate to such matters 
 as will fairly test the relative capacity and fitness of 
 the persons examined to discharge the duties of that 
 service into which they seek to be appointed. 
 
 2. The Commission shall prepare lists of pre- 
 liminary requirements and subjects of examination 
 for the several positions or groups of positions in the 
 competitive class, and shall, from time to time, prepare 
 such examinations for the positions and groups of 
 positions aforesaid as shall be pertinent to them. 
 
 3. The Commission may further direct oral 
 examinations or practical tests of fitness for any partic- 
 ular positions requiring any scientific, professional or 
 technical knowledge or manual skill. 
 
 4. When the position to be filled involves 
 fiduciary responsibility, the appointing officer, where 
 otherwise permitted by law, may require the appointee 
 
 20
 
 to furnish a bond or other security and shall notify the 
 Commission of the amount and necessary details 
 thereof. 
 
 5. Whenever physical qualifications are of essen- 
 tial importance to the proper discharge of the duties of 
 any position, applicants must pass such physical 
 examination as the Commission may require and must 
 be certified as qualified in such respects, either before 
 admission to the examination, or before record on the 
 proper eligible list, or before certification for appoint- 
 ment, as the Commission may determine. 
 
 6. At least twenty days' public notice of exami- 
 nation shall be given by publication thereof, at least 
 twice, in a city newspaper. 
 
 7. Examination papers shall be rated on a scale of 
 100, and the subjects therein shall be given such rela- 
 tive weights as the Commission may prescribe for each 
 examination. The Commission may in any case 
 require applicants to attain a specified percentage in 
 any one or more subjects embraced within the exami- 
 nation. The subjects and weights for each examina- 
 tion and any specified percentage, not below 60 
 required in any one subject shall be fixed and deter- 
 mined in advance and announced in the notice of the 
 examination. 
 
 8. The Commission may retain, without examina- 
 tion, such assistants or experts, as it may require in 
 conducting examinations for positions of a professional, 
 scientific, technical or other expert character. 
 
 9. After an eligible list has been established, each 
 competitor shall be notified of the result of his examina- 
 tion and of his relative standing on the list. Any 
 competitor may, in person, or by his agent, authorized 
 
 21
 
 in writing, at such times as the Commission may 
 prescribe, inspect his examination papers, and he may 
 within fifteen days after the adoption of such eligible 
 list, appeal to the Commission from the rating allowed 
 him, which appeal shall be in writing and shall specify 
 in detail his cause for complaint. No one shall be 
 permitted to see any papers but his own or those of the 
 candidate for whom he is acting as authorized agent. 
 
 10. The Commission shall have the power when- 
 ever in its judgment the interests of the public service 
 require, to order a re-examination of applicants for any 
 position; and it shall also have power to correct any 
 error and to amend or revoke any eligible list or other 
 paper or record, where it appears that an error has 
 been made or an injustice has been done. Whenever 
 any person whose name appears upon any eligible 
 list has for any reason become incapacitated for ap- 
 pointment to the public service, the Commission may 
 strike such name from said list. The reasons for every 
 such action above specified shall be recorded in full in 
 the minutes of the Commission; and notice of such 
 action shall be given by mail, or as the Commission 
 may otherwise direct, to all persons whose standing 
 upon such list may be unfavorably affected thereby. 
 
 RULE 16. 
 Suspension of Rule Requiring Competition. 
 
 In case of a vacancy in any position in the compet- 
 itive class, where peculiar and exceptional qualifica- 
 tions of a scientific, professional or educational character 
 are required, and upon satisfactory evidence that for 
 specified reasons competition in such special case is 
 impracticable, and that the position can be best filled 
 by the selection of some designated person of high and 
 
 22
 
 recognized attainments in such qualities, the Com- 
 mission may suspend the provisions of the rule 
 requiring competition in such case, but no such 
 suspension shall be general in its application to such 
 place. 
 
 RULE 17. 
 Eligible Lists. 
 
 1. The names of all competitors who attain an 
 average percentage of 75 or over in any examination 
 shall be entered on the eligible list or proper register, 
 in the order of their average percentages; provided, 
 however, that the names of competitors who have 
 attained such average percentage and who claim and 
 are entitled to preference in appointment in accordance 
 with Article V, Section 9 of the Constitution, shall, 
 after such preference has been allowed by the Com- 
 mission, be placed in the order of their respective 
 average percentages at the head of such register or 
 list. 
 
 2. The term of eligibility for each eligible list 
 shall be not less than one nor more than four years. 
 
 3. An eligible list which has been in force for over 
 one year shall terminate upon the establishment and 
 adoption of a new list for the same position; and all 
 persons whose names appear upon any such eligible 
 list shall be notified by mail of such termination and of 
 the time and place when a new examination for such 
 position is to be held. 
 
 23
 
 RULE 18. 
 
 All Appointments Subject to the Civil Service 
 Law and these Rules. 
 
 No appointing officer shall select or appoint any 
 person for appointment, employment, promotion or 
 reinstatement, except in accordance with the provisions 
 of the Civil Service Law and these Rules. 
 
 RULE 19. 
 
 Appointments to, and Employments in, Positions 
 in the Competitive Class. 
 
 1. No person shall be appointed to or employed 
 in any position in the classified service of the city, 
 until he has passed an examination or is shown to be 
 especially exempted from such examination in con- 
 formity with these rules and the provisions of law. 
 
 2. No person shall be appointed or employed 
 under any title not appropriate to the duties to be per- 
 formed, and no person shall be transferred to, or as- 
 signed to perform the duties of, any position subject 
 to competitive examination, unless he shall have 
 previously passed an open competitive examination 
 equivalent to that required for such position, or unless 
 he shall have served with fidelity for at least three 
 years in a similar position. 
 
 24
 
 RULE 20. 
 
 Appointments to Positions in the Competitive 
 Class. From the Eligible List. 
 
 1. Appointments shall be made to, or employ- 
 ment shall be given in, all positions in the competitive 
 class that are not filled by promotion, reinstatement, 
 transfer, or reduction, under the law and rules, by 
 appointment from among those graded highest in 
 open competitive examination, on the eligible list most 
 nearly appropriate for the group, in which the position 
 to be filled, is classified; and a new list shall be created 
 for a stated position, or group of positions, only when 
 there is no appropriate list existing from which 
 appointment may be made. 
 
 2. Whenever an appointing officer shall request a 
 certification from which to make an appointment to, or 
 give employment in, any position in the competitive 
 class, he shall specify the title, duties and compensa- 
 tion of such position so that certification may be made 
 from the proper eligible list. The Commission shall 
 thereupon certify to the appointing officer the names 
 of the three persons, if there be so many, standing 
 highest on the proper eligible list. Such certification 
 shall indicate those who are entitled to preference in 
 appointment in accordance with Article V, Section 9 
 of the Constitution, together with the average 
 percentages and postoffice addresses of such persons. 
 
 3. If the appointing officer shall notify the 
 Commission of more than one vacancy, the Com- 
 mission shall certify the names of as many persons as 
 there are vacancies to be filled, and two names in 
 addition thereto. 
 
 4. No person shall be certified to the same 
 appointing officer for the same, or a similar position at 
 
 25
 
 the same rate of compensation, more than three times, 
 except at the request of said officer; and also except 
 such person be a veteran entitled to preference, in 
 which case his name shall continue to be certified so 
 long as it remains on the eligible list. 
 
 5. Whenever the sex of those whose names are to 
 be certified is specified by law, or in the request for 
 certification, the names of those only of the sex so 
 specified shall be certified; but in all other cases 
 certification shall be made without regard to sex. 
 
 6. When an eligible certified for appointment shall 
 fail or refuse to accept, within the four business days 
 next succeeding the mailing of an offer of appointment, 
 he shall be deemed to have declined the appointment, 
 and upon notice of such fact the Commission shall 
 certify an additional name to replace the name of the 
 person so declining. 
 
 7. The name of any person certified as eligible for 
 appointment who shall decline an offer of appointment 
 shall be stricken from the list from which such certifica- 
 tion is made, unless such declination be based on 
 insufficiency of the salary attached to the position 
 offered, or temporary inability, physical or otherwise 
 to accept, and proof of such inability is furnished to the 
 Commission. 
 
 8. Whenever an eligible shall decline any appoint- 
 ment offered and another eligible whose relative 
 standing is lower on the list shall be 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 person so 
 declining. 
 
 26
 
 9. From among the persons whose names are 
 certified, as above provided for, the appointing officer 
 shall make an appointment to fill the vacancy, subject, 
 however, to preference allowed by law. 
 
 10. Whenever an eligible list contains less than 
 three names, the appointing officer may make an 
 appointment from such list or proceed as herein other- 
 wise provided. 
 
 11. The name of an eligible who shall be certified 
 for appointment from an eligible list and who shall 
 receive an appointment permanent in its character 
 shall be stricken from the list from which such certi- 
 fication was made. 
 
 RULE 21. 
 
 Appointments to Positions in Competitive Class. 
 
 Provisional Appointments. 
 
 
 
 1. Whenever there are urgent reasons for filling a 
 vacancy in any position in the competitive class, and 
 there is no list of persons eligible for appointment after 
 competitive examination, or the existing list contains 
 less than three names, the appointing officer may 
 nominate a person to the Commission for non-com- 
 petitive examination, and if such nominee shall be 
 certified by the Commission as qualified after such 
 non-competitive examination, he may be appointed 
 provisionally to fill such vacancy until a selection and 
 appointment can be made after competitive examina- 
 tion, but such provisional appointment shall not con- 
 tinue more than ten days after notice to the appointing 
 officer that an eligible list has been prepared for such 
 position, nor in any case for a longer period than four 
 months, nor shall successive provisional appointments 
 be made to the same position under this rule. 
 
 27
 
 2. Whenever a vacancy exists in a position in the 
 competitive class, and an open competitive examina- 
 tion has been duly advertised, and there are less than 
 three applications filed for the examination, the 
 appointing officer may nominate a person to the 
 Commission for non-competitive examination, and if 
 such nominee shall, after examination, be certified by 
 the Commission as qualified, he may be appointed to 
 fill such vacancy. In case there is a person serving in 
 such a position under provisional examination, and no 
 one applies to compete with him in an open compet- 
 itive examination duly advertised, the provisional 
 appointment of such person may be made permanent. 
 
 RULE 22. 
 Temporary Employment in Competitive Positions. 
 
 1. When the services to be rendered by an 
 appointee are for a temporary period, not to exceed 
 one month, and the need of such service is important 
 and urgent, the appointing officer may select for such 
 service any person on the proper list of those eligible 
 for permanent appointment, without regard to his 
 standing on such list upon due notice to the Com- 
 mission of the reason therefor. 
 
 2. No person shall be eligible for such temporary 
 appointment to any position in the competitive class 
 if he shall have received a temporary appointment 
 from the same eligible list within the previous four 
 months, unless such person shall be one of the three 
 highest on said list willing to accept such employment. 
 
 3. The acceptance by an eligible of a temporary 
 appointment shall not affect his standing on the 
 eligible list or register for a permanent appointment, 
 
 28
 
 nor shall such temporary service be counted as part of 
 the probationary term, in case of subsequent appoint- 
 ment to a permanent position. 
 
 RULE 23. 
 Appointments to Season Positions. 
 
 1. All positions in the competitive class, the 
 nature of the service of which is temporary and not 
 continuous throughout the year, but recurs each 
 successive calendar year, are hereby designated as 
 "Season Positions" and shall be subject to the pro- 
 visions of these rules applicable generally to positions 
 in the competitive class, except as herein otherwise 
 provided. 
 
 2. Any person appointed to, or employed in, 
 a season position and who has been temporarily 
 separated from the service by reason of the completion 
 of the work of such position, shall be entitled to 
 reappointment to, or re-employment in, the same 
 position in the next ensuing year. 
 
 3. Additional appointments to, or employment in, 
 a season position shall be made from among those 
 eligibles whose names appear upon the most appro- 
 priate eligible list for the position involved, who are 
 willing to accept temporary, or season employment, 
 preference being given in the order of their standing 
 on such list. 
 
 4. When a sufficient number of eligibles cannot 
 be so secured from such eligible list, additional 
 appointments may be made without examination, 
 unless the Commission shall require a qualifying 
 examination; and the appointing officer shall, in 
 
 29
 
 each such case, report to the Commission the names 
 of the persons so employed, the character of their 
 previous employment, the term of their employment 
 by him and the rate of compensation to be paid them. 
 
 RULE 24. 
 Emergency Employment. 
 
 In cases of emergency, where the public interest 
 demands the immediate employment of one or more 
 persons to perform the work, or render the services of 
 a position in the competitive class, and it is impracti^ 
 cable to make such appointment in accordance with 
 the law and these rules, the appointing officer may, 
 subject to the subsequent approval of the Commission, 
 procure such services to be performed and such work 
 to be done to meet the demands of the public interests, 
 but in no case shall such employment be for a longer 
 period than five days. 
 
 In all such cases the appointing officer shall make a 
 full report to the Commission of all of the facts and 
 circumstances and successive emergency appointments 
 shall not be made. 
 
 RULE 25. 
 Special Patrolmen. 
 
 Special patrolmen may be temporarily appointed 
 pursuant to law, without examination and without 
 reference to the qualifications provided in these 
 rules, in cases of epidemic, riot, or when necessary 
 in other and kindred emergencies, provided, however, 
 that no person so employed shall continue in the 
 
 30
 
 service for a longer period than ten days unless upon 
 the written request of the appointing power setting 
 forth the reasons why an extension of time is neces- 
 sary, the Commission shall extend such temporary 
 period of employment. No such extension, however, 
 shall be for a longer period than ten days, and in no 
 case shall such employment be authorized or con- 
 tinued beyond the necessities of the emergency. 
 
 RULE 26. 
 
 Appointments of Firemen and Drivers in the 
 Fire Department. 
 
 1. The appointing officer may designate from the 
 eligible list of Firemen, and from the eligible list of 
 Drivers, in the manner prescribed by these rules, one 
 hundred and twenty-five men to be known as the 
 "Substitute Corps," which corps shall include the 
 requisite number of substitute firemen and drivers. 
 Designation to said substitute corps shall, for the 
 purposes of these rules, be deemed equivalent to 
 an appointment, and the names of the persons so 
 appointed to said corps shall be stricken from the 
 eligible list, and such persons shall not be required 
 to pass any further examination by the Commission 
 to entitle them to appointment to regular and per- 
 manent positions in the Department. 
 
 2. Appointments to regular and permanent posi- 
 tions as firemen and drivers in the Fire Department 
 shall be made from such substitute corps, first, in order 
 of seniority of appointment to such substitute corps, 
 and secondly, in accordance with the rating obtained 
 in the original examination and standing upon the 
 eligible list. All substitute work shall be first distrib- 
 uted to and among the members of such substitute 
 
 31
 
 corps as evenly and ratably as possible. Whenever such 
 substitute corps shall be unable to do all of the sub- 
 stitute work, additional substitutes may be employed, 
 to be appointed from the eligible list, but the employ- 
 ment of all such additional substitutes shall not be 
 tantamount to a permanent appointment, nor exempt 
 them from subsequent civil service examination after 
 the expiration of the existing eligible list. 
 
 RULE 27. 
 Appointments as Desk Sergeants. 
 
 1. The appointing officer may designate from the 
 eligible list of Desk Sergeants, in the manner pre- 
 scribed by these rules, six men to be known as "Per- 
 manent Substitute Desk Sergeants." Designation as 
 such permanent substitute desk sergeant shall, for the 
 purpose of these rules, be deemed equivalent to an 
 appointment, and the names of the persons so designa- 
 ted shall be stricken from the eligible list, and such 
 persons shall not be required to pass any further 
 examination by the Commission to entitle them to 
 appointment to regular and permanent positions as 
 desk sergeants in the Police Department. 
 
 2. Appointments to regular and permanent 
 positions as desk sergeants in the Police Department 
 shall be made from among such permanent substitute 
 desk sergeants, first, in the order of seniority of ap- 
 pointment as such permanent substitute desk sergeant, 
 and secondly, in accordance with the rating obtained 
 in the original examination and standing upon the 
 eligible list. Whenever the six permanent substitute 
 desk sergeants shall be unable to do all the substitute 
 work, additional substitutes may be employed, to be 
 appointed from the eligible list, but the employment of 
 
 32
 
 all such additional substitutes shall not be tantamount 
 to permanent appointment, nor exempt them from 
 subsequent civil service examination after the expira- 
 tion of the existing eligible list. 
 
 RULE 28. 
 
 Term of Probation of Appointments in the 
 Classified Service. 
 
 In addition to the tests required in physical, mental 
 and written examinations for positions in the classified 
 service, and as a further test of the fitness and ability 
 of a person appointed to such service, all appointments 
 or employments in the classified service, except those 
 who are entitled to preference in accordance with 
 Articles V, Section 9 of the Constitution, shall be for a 
 probationary term of six months; and if the conduct, 
 capacity and fitness of the probationer are satisfactory 
 to the appointing officer, his retention in the service 
 after the end of such term shall constitute his per- 
 manent appointment; but if his conduct, capacity or 
 fitness shall not be satisfactory he may be discharged 
 during such term. 
 
 RULE 29. 
 Promotions. 
 
 1. Vacancies in positions in the competitive class 
 shall be filled, so far as practicable, by promotion from 
 among persons holding positions in a lower grade in 
 the office, bureau, department or institution in which 
 the vacancy exists; and original appointment to such 
 position shall be allowed only when the Commission 
 shall find it impracticable to fill the same by promotion. 
 
 33
 
 2. For the purposes of this rule, an increase in the 
 salary or other compensation of any person holding an 
 office or position within the scope of these rules beyond 
 the limit fixed for the grade in which such office or 
 position is classified, shall be deemed a promotion. 
 
 3. Promotions shall be based upon merit and 
 competition and upon the superior qualifications of the 
 person promoted as shown by his previous service, due 
 weight being given to seniority. 
 
 4. To be eligible to enter an examination for or 
 receive such promotion, a person must have been con- 
 tinuously employed for a period of at least six months 
 immediately preceding such examination, and in the 
 Police and Fire Departments for at least twelve such 
 months, in a next lower position, the duties of which 
 are such as would naturally and properly tend to fit 
 him to perform the duties of the position to which he 
 seeks promotion, and he must possess all of the pre- 
 liminary requirements prescribed by statute, rule or 
 regulation for original entrance to the position to be 
 filled. The Commission may admit to such examina- 
 tion for promotion persons in other offices, bureaus, 
 departments or institutions holding positions qualify- 
 ing them for promotion as above provided for. 
 
 5. When more than three persons are eligible for 
 such promotion, a competitive examination shall be 
 held, notice of which shall be posted conspicuously in 
 the office, bureau, department or institution wherein 
 the promotion is to be made, or sent to those eligible to 
 compete. If not more than three persons are eligible 
 or file applications, the appointing officer may nom- 
 inate one of such persons for such promotion and 
 the Commission will conduct an examination of such 
 character and scope as it shall determine to be for the 
 interests and efficiency of the service. 
 
 34
 
 6. The conduct of such examinations and the 
 preparation of such eligible lists shall be subject to the 
 general provisions of Rules 15 and 17. The Com- 
 mission shall certify from eligible lists for promotion 
 in the same manner provided for in Rule 20 for certifi- 
 cation for original appointment. 
 
 RULE 30. 
 Transfers. 
 
 Transfers from one office, bureau, department or 
 institution to another may be made with the approval 
 of the Commission and upon mutual consent of the 
 appointing officers whose offices, bureaus, departments 
 or institutions are affected, as follows: 
 
 1. A person originally appointed from an eligible 
 list, who has served for six months in any position, may 
 be transferred to a similar position in the same group 
 and grade, or to a similar position in the same grade in 
 another group, or to a position in a lower grade, for 
 original entrance to which there is not required an 
 examination involving essential tests or qualifications 
 different from or higher than those required for 
 original entrance to the position held by such person. 
 
 2. A person holding a position in the non-competi- 
 tive class or the labor class may be transferred to a 
 similar position in the same class. 
 
 RULE 31. 
 Reinstatement in Service. 
 
 1. Any person who has held a position by appoint- 
 ment in the civil service and who has been separated 
 
 35
 
 from the service through no delinquency or miscon- 
 duct on his part, may, with the approval of the 
 Commission and within one year from the date of such 
 separation, be reinstated without re-examination in a 
 vacant position in the same group and grade, and in 
 the same office, bureau, department or institution, and 
 for original entrance to which there is not required by 
 these rules an examination involving essential tests or 
 qualifications different from or higher than those re- 
 quired for original entrance to the position held by 
 such person, or may be appointed to a position to 
 which he was eligible for transfer, as provided for in 
 Rule 30. 
 
 2. A person who has served continuously for at 
 least one year in a position in the competitive class 
 and who has been separated from his position by 
 appointment to a position in the exempt class, or in 
 the unclassified service, and who has served continu- 
 ously therein from the date of such separation, may be 
 reinstated without re-examination in a vacant position 
 in the competitive class, in the same group and grade 
 and in the same office, bureau, department or institu- 
 tion, for original entrance to which position there is 
 not required by these rules an examination involving 
 essential tests or qualifications different from or higher 
 than those required for original entrance to the posi- 
 tion formerly held by such person, or may be appointed 
 to a position in the same group and grade in another 
 office, bureau, department or institution to which he 
 was eligible for transfer, as provided in Rule 30. 
 
 3. No reinstatement to a position in the competi- 
 tive class shall be allowed under the first and second 
 paragraphs of this rule, unless the person so to be 
 reinstated shall have acquired his former position 
 under the civil service rules and as a result of an 
 examination. 
 
 36
 
 RULE 32. 
 Leave of Absence. 
 
 A person holding a position in the civil service of 
 the City may be granted a leave of absence for a 
 period of one year; and no person shall be eligible for 
 reinstatement after the expiration of such period. 
 
 RULE 33. 
 
 Appointments to Positions in the Non-Competitive 
 Class. 
 
 1. An appointing officer may nominate a candi- 
 date for appointment to a position in the non-com- 
 petitive class and such appointment shall be made 
 only after such non-competitive examination as the 
 Commission shall determine to be appropriate for each 
 such position so to be filled and after the Commission 
 shall have certified the person so nominated as 
 qualified to discharge the duties of such position. 
 
 2. Such examinations shall be of a character to 
 determine : 
 
 (a) That the person examined is within the limits 
 of age prescribed for the position or employment to 
 which he has been named ; 
 
 (6) That he is properly certified as free from any 
 physical defect or disease which would be likely to in- 
 terfere with the proper discharge of his duties; 
 
 (c) That his character is such as to qualify him 
 for such position or employment; and 
 
 37
 
 (d) That he possesses the requisite knowledge 
 and ability and experience to discharge the duties of 
 the position. 
 
 RULE 34. 
 Appointments to Positions in the Labor Class. 
 
 1. The Labor Class shall be divided into two 
 divisions known as Division 1 and Division 2. Divi- 
 sion 1 shall include the skilled laborer positions 
 included in said class and Division 2 shall include all 
 unskilled laborers. 
 
 2. Vacancies in the labor class shall be filled by 
 appointment from lists of applicants registered by the 
 Commission. Preference in employment shall be 
 given after the applicant has qualified according to 
 date of application and registration. There shall be 
 separate lists of applicants for different kinds of labor 
 or employment, and the Commission may establish 
 separate labor lists for various institutions and 
 departments. Where the labor service of any depart- 
 ment or institution extends to separate localities, 
 the Commission may provide separate registration 
 lists for each district or locality. 
 
 3. All persons seeking employment in the Labor 
 Class must be citizens of the United States and resi- 
 dents for one year last past of the City of Buffalo, and 
 shall make application for employment upon such 
 blank forms as the Commission may prescribe giving 
 his name, age, residence, citizenship, physical condi- 
 tion, previous occupation, ability to labor, skill, 
 capacity and experience in the trade or employment 
 for which he applies, his service if any, as soldier, 
 sailor or marine in the army or navy of the United 
 
 38
 
 States during the late civil war, with the date of dis- 
 charge therefrom, and also certificates by two repu- 
 table residents of Buffalo, one of whom, if possible, is or 
 shall have been an employer of the applicant, vouching 
 for his character, sobriety, trustworthiness, industry, 
 skill and capacity to perform the duties of the employ- 
 ment which he seeks. 
 
 The restrictions as to residence and citizenship 
 may be waived by the Commission as to all persons 
 employed as unskilled laborers in the collection and 
 disposal of ashes and garbage and street cleaning. 
 
 4. The Commission shall require an applicant for 
 registration for the labor service to furnish such evi- 
 dence or pass such examination as it deems proper with 
 respect to his age, residence, physical condition, 
 ability to labor, skill, capacity and experience in the 
 trade or employment for which he applies. 
 
 5. Applicants for positions in Division 1 may be 
 subjected to such practical tests of their knowledge 
 and experience and of their skill and capacity in the 
 use of the tools of their trade, as the Commission may 
 from time to time prescribe. 
 
 6. A registration shall continue in force for the 
 period of one year and thereafter and until such time as 
 the Commission may require re-registration as to an 
 applicant's ability and willingness to accept employ- 
 ment. Such re-registration may be required at any 
 time after the expiration of one year from the date 
 of the filing of the application. 
 
 Notice of such required re-registration shall be 
 mailed to all applicants whose names appear upon the 
 list and who have been registered for a period of one 
 
 39
 
 year or more at the places of residence given by them 
 in their respective applications; and such applicants 
 may re-register during the period of time prescribed 
 therefor by the Commission as stated in said notice. 
 
 If an applicant shall fail to so re-register within the 
 time so prescribed his name shall be stricken from the 
 list without further notice. 
 
 RULE 35. 
 
 Preferences Allowed Honorably Discharged 
 Soldiers, Sailors and Marines. 
 
 In every public department and upon all public 
 works of the City, honorably discharged soldiers, 
 sailors and marines from the army and navy of the 
 United States in the late civil war, who are citizens 
 and residents of the City, shall be entitled to preference 
 in appointment and promotion, without regard to 
 their standing on any list from which such appoint- 
 ment or promotion may be made, to all competitive 
 and non-competitive positions, provided their qualifi- 
 cations and fitness shall have been ascertained as 
 provided by law and these rules; and a person thus 
 preferred shall not be disqualified from holding any 
 position in the civil service on account of his age or by 
 reason of any physical disability provided such age or 
 disability does not render him incompetent to perform 
 the duties of the position applied for. Whenever any 
 list of eligible persons shall contain the names of 
 honorably discharged soldiers, sailors and marines 
 entitled to preference as aforesaid any reference in 
 these rules to the persons standing highest on such 
 list shall be deemed to indicate those standing highest 
 of those entitled to preference by the provisions of 
 law, and such persons shall be given preference on 
 
 40
 
 any list of registered applicants for employment in the 
 labor service, in accordance with the dates of their 
 several applications as though such applications had 
 been filed prior to those of any persons on such lists 
 not entitled to the preference provided by this 
 section. 
 
 RULE 36. 
 Efficiency Records. 
 
 To enable the Commission to grade applicants for 
 promotion, and to rate them for their efficiency in any 
 examination, there shall be kept in every office, 
 bureau, department or institution, continuous and 
 comparative records of the work, conduct, past record 
 and efficiency in the service of all persons employed 
 therein, and the Commission may prescribe the form 
 of such efficiency records and the details thereof. 
 Copies of such records shall be filed with the 
 Commission upon its request; and if the same have 
 been regularly and properly kept they shall constitute 
 one of the elements in such promotional or other 
 examination, with such relative weights as shall be 
 assigned to them by the Commission. If such records 
 have not been regularly and properly kept the Com- 
 mission may adopt such methods as it may deem best 
 calculated to determine the relative efficiency of the 
 persons to be examined. 
 
 RULE 37. 
 Reports of Appointing Officers. 
 
 For the purpose of enabling the Commission to 
 keep the official roster of the classified service as 
 required by law, and to certify to the comptroller, or 
 
 41
 
 other fiscal officer, for the payment of salaries, each 
 appointing or employing officer, and the head of every 
 office, bureau, department or institution shall, forth- 
 with upon the date of the official action in each case, 
 report to the Commission as follows : 
 
 (a) Every appointment or employment in any 
 capacity whatever, whether probationary, permanent, 
 temporary, special or otherwise, in the classified ser- 
 vice, and the name of such appointee or employee, the 
 title and character of his office or employment, with 
 the date of the commencement of the service and the 
 salary or compensation thereof. 
 
 (6) Every failure to accept an appointment under 
 him by a person entitled thereto, with copies of the 
 offer or notice of appointment and the reply thereto, 
 if any. 
 
 (c) Every discharge during or at the end of a 
 probationary term, with the date thereof. 
 
 (d) Every vacancy in a position, whether caused 
 by dismissal, resignation or death, with the date 
 thereof. 
 
 (e) Every position abolished, with the date of 
 such abolition. 
 
 (/) Every change of compensation in a position, 
 with the date thereof. 
 
 (g) Every promotion, giving positions from which 
 and to which made, with the salaries and date thereof. 
 
 (Ji) Every transfer, giving the positions from 
 which and to which made, with the date and salaries 
 thereof. 
 
 42
 
 (*) Every reinstatement in a position, with the 
 date and salary thereof. 
 
 0) Every leave of absence and the date when 
 same was granted and the length thereof. 
 
 RULE 38. 
 The Official Roster. 
 
 The Commission shall keep in its office an official 
 roster of the classified service, and shall enter thereon 
 the name of each and every person who has been 
 appointed to, employed, promoted or reinstated in any 
 position in such service upon such evidence as it may 
 require or deem satisfactory that such person was 
 appointed to, or employed, promoted or reinstated in 
 the service in conformity with the provisions of law 
 and of these rules. The official roster shall show 
 opposite, or in connection with each name, the date of 
 appointment, employment, promotion or reinstate- 
 ment, and the compensation of the position, date of 
 commencement of service, and the date of transfer in 
 or separation from the service by dismissal, resignation, 
 cancellation of appointment, or death. 
 
 RULE 39. 
 Certificate Before Payment for Services. 
 
 1. It shall be unlawful for the comptroller or 
 other fiscal officer to draw, sign or issue, or authorize 
 the drawing, signing or issuing of any warrant on the 
 treasurer or other disbursing officer of the City for the 
 payment of, or for the treasurer or other disbursing 
 officer of the City, to pay any salary or compensation 
 
 43
 
 to any officer, clerk or other person in the classified 
 service, unless an estimate, payroll or account for such 
 salary or compensation, containing the names of the 
 persons to be paid, shall bear the certificate of the 
 Commission, that the persons named in such estimate, 
 payroll or account have been appointed or employed 
 or promoted in pursuance of law and of the rules made 
 in pursuance of law. 
 
 2. If the Commission shall find that any person 
 has been transferred, assigned to perform duties or 
 reinstated in violation of any provision of the civil 
 service law or of these rules adopted thereunder, it 
 shall so notify the comptroller or other fiscal officer 
 and thereafter such officer shall not draw, sign or 
 issue or authorize the drawing, signing or issuing of 
 any warrant on the treasurer or other disbursing 
 officer for the payment of salary or compensation to 
 any such person. 
 
 RULE 40. 
 Payrolls, Estimates and Accounts. 
 
 Appointing officers and heads of offices, bureaus, 
 departments or institutions shall furnish the Com- 
 mission with payrolls, estimates, accounts and certifi- 
 cates in form and manner as follows : 
 
 1. Heads of offices, bureaus, departments and 
 institutions, whose employees are paid individually 
 direct from the treasury of the City, shall furnish the 
 Commission, at least five days before payment is to be 
 made, a payroll showing the names of the persons to 
 be paid, the title of the position held or kind of service 
 performed by each person, the rate and amount of 
 compensation to which he is entitled, and the period 
 
 44
 
 for which he is to be paid, and shall certify that the 
 persons named therein are employed solely in the 
 proper duties of the positions and employments 
 indicated, and that the persons described as or 
 proposed to be paid as "laborers" are employed at 
 ordinary unskilled labor only. 
 
 2. After examination and certification by the 
 Commission as herein prescribed, such payrolls shall 
 be transmitted by it to the comptroller or fiscal officer 
 for further examination and payment as required by 
 law. 
 
 3. Heads of offices, bureaus, departments or insti- 
 tutions whose employees are paid directly by the 
 department without previous detailed estimate to the 
 comptroller, shall furnish the Commission, before 
 payment is made, the payrolls and certificates as 
 required in section one hereof, and disbursing officers 
 of such offices, bureaus, departments and institutions 
 shall not pay such persons until the Commission shall 
 certify to the same as herein prescribed. 
 
 4. Such estimates, payrolls or accounts for 
 services shall be compared with the official roster and 
 the Commission shall attach thereto or place thereon 
 a certificate "that the persons named in such estimate, 
 payroll or account for services rendered to the City of 
 
 Buffalo, containing names, have been appointed 
 
 or employed or promoted in pursuance of law and the 
 rules made in pursuance of law, except the persons 
 through whose names a red line is drawn." 
 
 45
 
 SCHEDULES. 
 
 The following is a list of the offices and positions in 
 the civil service of the City included in the Exempt 
 Class, the Non-Competitive Class and the Labor 
 Class. 
 
 EXEMPT CLASS SCHEDULE "A" 
 
 Department of Public Safety 
 
 Mayor's office - - - Secretary 
 Police Department - - Clerk 
 Fire Department - - Secretary 
 Health Department - Secretary 
 
 Assistant Health Commis- 
 sioner 
 Secretary to Asst. Health 
 
 Commissioner 
 Buffalo City Hospital - Secretary 
 
 Department of Finance and Accounts 
 
 Commissioner's Office - Deputy Commissioner of 
 
 Finance and Accounts 
 Secretary and Stenographer 
 Comptroller's Office - Deputy Comptroller 
 Treasurer's Office - - Deputy Treasurer 
 
 Department of Public Affairs 
 
 Commissioner's Office - Secretary 
 Board of Education - Secretary 
 Department of Public 
 
 Instruction - - Secretary to Superintendent 
 
 and Superintendent of 
 
 German 
 
 Department of Poor - Deputy Overseer of Poor 
 Bureau of Playgrounds- Secretary 
 
 46
 
 Department of Public Works 
 
 Commissioner's Office - Secretary 
 Bureau of Engineering - Secretary 
 Bureau of Streets - - Secretary 
 Bureau of Water - - Secretary and Registrar 
 
 Department of Parks and Public Buildings 
 
 Commissioner's Office -Deputy Commissioner of 
 
 Parks and Public Build- 
 ings 
 
 Secretary 
 
 Division of Parks - - Secretary and Treasurer 
 Bureau of Building - Secretary 
 
 Miscellaneous Departments 
 
 City Clerk's Office - - Deputy City Clerk 
 
 Secretary and Stenographer 
 City Court - - Chief Clerk 
 
 Deputy Clerk 
 Confidential Clerk and 
 
 Stenographer (6) 
 Children's Court - - Clerk 
 
 Secretary and Stenographer 
 Civil Service Com- 
 mission - - - Secretary 
 Grade Crossing Com- 
 mission - - - Chief Engineer 
 G. A. R. Relief Com- 
 mittee - - - - Inspector 
 Law Department - - City Attorney 
 
 Confidential Clerk and 
 Secretary 
 
 47
 
 School Census Board - Secretary 
 Spanish War Veterans' 
 
 Relief Committee -I nspector 
 Terminal Station 
 
 Commission - - Chief Engineer 
 Attorney 
 Secretary 
 
 NON-COMPETITIVE CLASS SCHEDULE "C" 
 
 Department of Public Safety 
 
 Police Department - Photographer 
 
 J an i tresses 
 
 Laborers 
 
 Watchmen 
 
 Fire Department - - Janitresses 
 Health Department - Assistant Medical School 
 
 Examiners 
 
 Scavengers 
 
 Fumigators 
 
 Placarders 
 
 Keepers of Bath Houses 
 
 Assistant Keepers of Bath 
 Houses 
 
 Matrons of Bath Houses 
 Hospital Service - - Internes 
 
 Supervising Nurses 
 
 Nurses 
 
 Dietitians 
 
 Clerks 
 
 Bookkeepers 
 
 Stenographers 
 
 Housekeepers 
 
 Cooks 
 
 Assistant Cooks 
 
 48
 
 Chefs 
 
 Chief Cooks 
 
 Kitchen Helpers 
 
 Dishwashers 
 
 Waitresses 
 
 Maids 
 
 Laundrymen 
 
 Laundresses 
 
 Storekeepers 
 
 Butchers 
 
 Bakers 
 
 Watchmen 
 
 Laborers 
 
 Farm Managers 
 
 Gardeners 
 
 Janitors 
 
 Assistant Janitors 
 
 Seamstresses 
 
 Teamsters 
 
 Chauffeurs 
 
 Assistant Chauffeurs 
 
 Engineers 
 
 Firemen 
 
 Department of Public Affairs 
 
 Department of Pub- 
 lic Instruction - Assistant Executive of 
 
 School Lunches 
 Cooks 
 Assistant Cooks 
 
 Department of Poor - Superintendent of Vacant 
 
 Lot Cultivation 
 Janitress 
 
 Bureau of Playgrounds-Caretakers 
 
 Assistant Caretakers 
 
 49
 
 Department of Public Works 
 
 Commissioner's Office - Cashier and Paymaster 
 
 Bureau of Engineering- Assistant Foremen 
 
 Keeper of Sewer Outlets 
 
 Bureau of Streets - - Assistant Foremen 
 Bureau of Water - - Assistant Foremen 
 
 Department of Parks and Public Buildings 
 
 Bureau of Building - Assistant Foremen 
 
 Division of Parks - - Superintendent 
 
 Assistant Superintendent 
 
 Botanical Director 
 
 Auditor and Paymaster 
 
 Curator 
 
 Forester 
 
 Assistant Foremen 
 
 Florists 
 
 Keepers 
 
 Gardeners 
 
 Treemen 
 
 Attendants 
 
 Teamsters 
 
 Musicians 
 
 Miscellaneous Departments 
 
 City Court- - - - Syrian Interpreter 
 
 Children's Court, 
 
 Detention Home - Housekeeper-Cook 
 Janitors 
 Maids 
 Helpers 
 
 50
 
 Examining Board of 
 
 Plumbers - - - Clerk 
 
 Harbor Master's De- 
 partment - - - Bridge Tenders 
 
 Market Department - Caretakers 
 Sweepers 
 
 LABOR CLASS SCHEDULE "D" 
 
 Division 1 Skilled Labor 
 All Departments 
 
 Automobile Repairmen, Blacksmiths, Blacksmiths' 
 Helpers, Boilermakers, Boilermakers' Helpers, Brick- 
 layers, Carpenters, Carpenters' Helpers, Calkers, 
 Crane Operators, Electricians, Electricians' Helpers, 
 Elevator Operators, Engine Repairmen, Furnacemen, 
 Furnace Repairmen, Harnessmakers, Horseshoers, 
 Hydrantmen, Iron Workers, Machinists, Machinists' 
 Helpers, Masons, Masons' Helpers, Meter Repairers, 
 Meter Testers, Oilers, Painters, Bridge Painters, 
 Pavers, Plumbers, Plumbers' Helpers, Repairers, 
 Servicemen, Steamfitters, Steamfitters' Helpers, Tap- 
 pers, Tappers' Helpers, Wagonmakers, Weighmasters, 
 Wheelwrights, Winch Operators, Wipers, Wood- 
 workers. 
 
 Division 2 Unskilled Laborers 
 All Departments 
 
 Assorters, Boiler Cleaners, Bottle Boys, Char- 
 women, Drivers, Gatemen, Janitresses, Laborers, 
 Porters, Stablemen, Tape Boys, Teamsters, Wagon 
 Greasers. 
 
 Department of Public Instruction - Janitors ($500 
 
 or less per year). 
 51
 
 CONSTITUTIONAL PROVISION 
 
 Appointments and promotions in the civil service 
 of the State, and of all the civil divisions thereof, 
 including cities and villages, shall be made according 
 to merit and fitness to be ascertained, so far as practi- 
 cable, by examinations, which, so far as practicable 
 shall be competitive. (From Article V, Section 9, 
 N. Y. State Constitution.) 
 
 52
 
 CIVIL SERVICE LAW 
 
 Chapter 15, Laws of 1909 
 
 AN ACT in relation to the civil service of the State of New York 
 and the civil divisions and cities thereof, constituting chapter 
 seven of the consolidated laws. 
 
 CHAPTER SEVEN OF THE CONSOLIDATED LAWS 
 CIVIL SERVICE LAW 
 
 Article 1. Short title; definitions ( 1, 2). 
 
 2. General provisions ( 3-29). 
 
 3. Classification of state employees ( 40-45). 
 
 4. Laws repealed; when to take effect ( 60, 61). 
 
 ARTICLE 1 
 Short Title; Definitions 
 
 Section 1. Short title. 
 2. Definitions. 
 
 1. Short title. This chapter shall be known as the "Civil 
 Service Law." 
 
 2. Definitions. When used in this chapter, 
 
 1. The term "commission" or "state commission" means 
 the state civil service commission. 
 
 2. The term "municipal commission" means the municipal 
 civil service commission of a city. 
 
 3. The "civil service" of the state of New York or any 
 of its civil divisions or cities includes all offices and positions of 
 trust or employment in the service of the state or of such civil 
 division or city, except such offices and positions in the militia and 
 the military departments as are or may be created under the 
 provisions of article eleven of the constitution. 
 
 4. The "state service" shall include all such offices and 
 positions in the service of the state or of any of its civil 
 divisions except a city. 
 
 5. The "city service" shall include such positions in the 
 service of any city. ' 
 
 6. The term "appointing officer" signifies the officer, 
 commission, board or body having the power of appointment 
 to subordinate positions in any office, court, department, 
 commission, board or institution. 
 
 53
 
 ARTICLE 2 
 General Provisions 
 
 Section 3. State civil service commission. 
 
 4. Officers and employees of the commission. 
 
 5. Rooms and accommodations. 
 
 6. The powers and duties of the commission. 
 
 7. Attendance of witnesses; fees. 
 
 8. Duties of public officers. 
 
 9. Unclassified service; classified service. 
 
 10. Rules for the classified state service. 
 
 11. The classified city service. 
 
 12. Classification. 
 
 13. The exempt class. 
 
 14. The competitive class. 
 
 15. Exceptions from competitive examination. 
 
 16. Promotion; transfer; reinstatement; reduction. 
 
 17. The non-competitive class. 
 
 18. The labor class in cities. 
 
 19. Official roster; reports of appointing officers. 
 
 20. Disbursing officers. 
 
 . 21. Preferences allowed honorably discharged soldiers, 
 sailors and marines. 
 
 22. Power of removal limited. 
 
 23. Compensation of veterans reinstated by order of the 
 
 courts. 
 
 24. Misdemeanor to obstruct right of examination ; false 
 
 representation; impersonation iri examination. 
 
 25. Recommendations for appointment or promotion. 
 
 26. Political assessments prohibited. 
 
 27. Officers or candidates not to promise influence; 
 
 "public officer" and "public employee" denned. 
 
 28. Taxpayer's action. 
 
 29. Publication of examination pamphlet and civil list. 
 
 (Added by chap. 590, Laws of 1910.) 
 
 3. State civil service commission. The governor is 
 authorized to appoint, by and with the advice and consent of the 
 senate, three persons, not more than two of whom shall be ad- 
 herents of the same political party, as civil service commissioners 
 and said three commissioners shall constitute the state civil 
 service commission. They shall hold no other political place 
 under the state of New York. On or before the first day of May 
 in the year one thousand nine hundred and thirteen the governor 
 
 54
 
 shall designate one member of the present state civil service com- 
 mission to serve as a member of the commission until the first day 
 of February, one thousand nine hundred and fifteen; one until 
 the first day of February, one thousand nine hundred and 
 seventeen; and one until the first day of February, one thousand 
 nine hundred and nineteen. Upon the expiration of each of 
 said terms, the term of office of each commissioner hereafter 
 appointed shall be six years from the first day of February of the 
 year in which he shall be appointed. Vacancies shall be filled 
 by appointment of the governor for the unexpired term. Each 
 of the three commissioners shall receive a salary of five thousand 
 dollars a year, and each of said commissioners shall be paid his 
 necessary expenses incurred in the discharge of his duties as a 
 commissioner. (As amended by chap. 352, Laws of 1913.) 
 
 4. Officers and employees of the commission. The com- 
 mission shall elect one of its members to be president, and may 
 employ a chief examiner, a secretary, and such other officers, 
 clerks and examiners as it may deem necessary or proper to carry 
 out the purposes of this chapter, and such employees shall hold 
 office during the pleasure of the commission. The chief examiner 
 shall be entitled to receive a salary at the rate of three thousand 
 six hundred dollars a year, and he shall be paid his necessary 
 traveling expenses incurred in the discharge of his duty. The 
 secretary, and other officers, clerks and examiners shall receive 
 salaries to be fixed by the commission, and the secretary shall also 
 be paid his necessary traveling expenses incurred in the discharge 
 of his duty. The commission may select suitable persons in the 
 official service of the state or any of its civil divisions, after con- 
 sulting the head of the department or office in which such persons 
 serve, to act as examiners under its direction. Persons so selected 
 shall be entitled to compensation from the commission for their 
 necessary expenses occasioned by the service actually rendered, 
 in addition to the regular service required in the department or 
 office where they are regularly employed. The compensation of 
 examiners shall not exceed five dollars per day, except in case of 
 special and expert examiners employed in the preparation of 
 questions and rating of candidates; the commission shall not 
 expend or authorize the expenditure of moneys for any purpose in 
 excess of the sums appropriated therefor by law. (As amended 
 by chap 352, Laws of 1913.) 
 
 5. Rooms and accommodations. It shall be the duty of 
 the trustees of public buildings to cause suitable and convenient 
 rooms and accommodations to be assigned or provided, and to be 
 
 55
 
 furnished, heated and lighted, at the capitol in the city of Albany, 
 for carrying on the work and examinations of said commission, 
 and said commission may order the necessary stationery, postage 
 stamps, and official seal and other articles to be supplied, and the 
 necessary printing to be done for its official use. It shall be the 
 duty of the officers of the state of New York or of any civil division 
 thereof, at any place where examinations are directed by the com- 
 mission or its rules to be held to allow the reasonable use cf public 
 buildings, and to heat and light the same for holding such exami- 
 nations, and in all proper ways to facilitate the same. 
 
 6. The powers and duties of the commission. The state 
 civil service commission shall 
 
 1. Prescribe, amend and enforce suitable rules and regulations 
 for carrying into effect the provisions of this chapter and of section 
 nine of article five of the constitution of the state of New York, as 
 herein provided. The rules prescribed by the state and municipal 
 commissions pursuant to the provisions of this chapter shall have 
 the force and effect of law. 
 
 2. Keep minutes of its own proceedings and records of its 
 examinations and other official action. 
 
 3. Make investigations concerning and report upon all 
 matters touching the enforcement and effect of the provisions of 
 this chapter and the rules and regulations prescribed thereunder, 
 concerning the action of any examiner or subordinate of the 
 commission and any person in the public service, in respect to the 
 execution of this chapter, and in the course of such investigations 
 each commissioner and the secretary and the chief examiner shall 
 have power to administer oaths. 
 
 4. Have power to subpoena and require the attendance in 
 this state of witnesses and the production thereby of books and 
 papers pertinent to the investigation and inquiries hereby 
 authorized and to examine them and such public records as it 
 shall require in relation to any matter which it is required to 
 investigate. And for the purposes of the examination hereby 
 directed, the commission possesses all the powers conferred by the 
 legislative law upon a committee of the legislature or by the code 
 of civil procedure upon a board or committee, and may invoke 
 the power of any court of record in the state to compel the 
 attendance and testifying of witnesses and the production thereby 
 of books and papers as aforesaid. 
 
 56
 
 o. Make an annual report to the governor for transmission 
 to the legislature, showing its own action, the rules and regulations 
 and the exceptions thereto in force, and the practical effects 
 thereof and any suggestions it may approve for the more 
 effectual accomplishment of the purposes of this chapter. 
 
 6. Meet in Albany at least once in each calendar month, 
 except the month of August, and hold such other meetings as the 
 needs of the public service may require. A majority of the 
 members of the commission shall constitute a quorum. 
 
 7. Attendance of witnesses; fees. Witnesses and officers 
 to subpoena and secure the attendance of witnesses before said 
 commission, shall be entitled to the same fees as are allowed 
 witnesses in civil cases in courts of record. Such fees need not be 
 prepaid, but the comptroller shall draw his warrant for the 
 payment of the amount thereof, when the same shall have been 
 certified to by the president of the commission, and duly proved 
 by affidavit or otherwise to the satisfaction of the said comptroller; 
 and all state, county, town, municipal and other officers and their 
 deputies, clerks, subordinates and employees shall afford the said 
 board all reasonable facilities in conducting the inquiries specified 
 in this chapter, and give inspection to said board of all. books, 
 papers and documents belonging, or in any way appertaining to 
 the respective offices, and shall also produce said books and papers, 
 and shall attend and testify when required to do so by said 
 commission. 
 
 8. Duties of public officers. It shall be the duty of all 
 officers of the state of New York or of any civil division or city 
 thereof to conform to and comply with and to aid in all proper 
 ways in carrying into effect the provisions of this chapter, and 
 the rules and regulations prescribed thereunder and any modi- 
 fication thereof. No officer or officers having the power of 
 appointment or employment shall select or appoint any person 
 for appointment, employment, promotion or reinstatement except 
 in accordance with the provisions of this chapter and the rules 
 and regulations prescribed thereunder. Any person employed or 
 appointed contrary to the provisions of this chapter or of the 
 rules and regulations established thereunder, shall be paid by the 
 officer or officers so employing or appointing, or attempting to 
 employ or appoint him, the compensation agreed upon for any 
 services performed under such appointment or employment, or 
 in case no compensation is agreed upon, the actual value of such 
 services, and any expenses incurred in connection therewith, and 
 
 57
 
 shall have a cause of action against such officer or officers or any 
 of them for such sum or sums and for the costs of the action. No 
 public officer shall be reimbursed by the state or any of its civil 
 divisions for any sums so paid or recovered in any such action. 
 
 9. Unclassified service; classified service. The civil 
 service of the state and of each of its civil divisions and cities shall 
 be divided into the unclassified service and the classified service. 
 The unclassified service shall comprise all elective offices, all 
 offices filled by election or appointment by the legislature on 
 joint ballot; all persons appointed by name in any statute; all 
 legislative officers and employees, all offices filled by appointment 
 by the governor, either upon or without confirmation by the 
 senate, except officers and employees in the executive offices; all 
 election officers, the head or heads of any department of the 
 government, and persons employed in or who seek to enter the 
 public service as superintendents, principals, or teachers in a 
 public school or academy or in a state normal school or college. 
 The classified service shall comprise all positions not included in 
 the unclassified service. All appointments or employments in the 
 classified service, except those of veterans of the civil war, honor- 
 ably discharged from the military or naval service of the United 
 States, shall be for a probationary term not exceeding the time 
 fixed in the rules. 
 
 10. Rules for the classified state service. The commis- 
 sion shall from time to time make rules for the classification of the 
 offices, places and employments in the classified service of the 
 state, and from time to time rules for the classification of the offices, 
 places and employments in such civil divisions thereof, except 
 cities, as after due inquiry by the commission shall be found 
 practicable, and for appointments and promotions therein and 
 examinations therefor, not inconsistent with the constitution and 
 the provisions of this chapter, and shall amend the same from 
 time to time. No examination or registration shall be required 
 of persons to be employed as laborers in the state service. Such 
 rules and any modifications thereof, shall take effect when 
 approved by the governor. Due notice of the contents of such 
 rules, and of any modifications thereof, shall be given by mail 
 to appointing officers and heads of departments affected thereby, 
 and such rules shall be printed for public distribution. Subject 
 to the provisions of this chapter and of the rules established 
 thereunder, the commission shall make regulations for and have 
 control of examinations for the service of the state and the civil 
 divisions thereof, except cities, and shall supervise and preserve 
 
 58
 
 the records of the same, but such examinations shall be held at 
 least once a year in each of the following places: Albany, 
 Amsterdam, Auburn, Binghamton, Buffalo, Dunkirk, Elmira, 
 Geneva, Hornell, Ithaca, Jamestown, Johnstown, Kingston, 
 Lockport, Malone, Middletown, Newburgh, New York, Ogdens- 
 burg, Olean, Oneonta, Oswego, Plattsburg, Poughkeepsie, 
 Rochester, Saratoga, Syracuse, Utica and VVatertown; and shall 
 cover in each place all offices and positions for which competitive 
 examinations are required, .except such examinations as require 
 special tools, machinery, appliances or laboratory facilities. 
 
 11. The classified city service. The mayor of each city 
 in this state shall appoint and employ suitable persons to pre- 
 scribe, amend and enforce rules for the classification of the offices, 
 places and employments in the classified service of such city, 
 and for appointments and promotions therein and examinations 
 therefor; and for the registration and selection of laborers for 
 employment therein, not inconsistent with the constitution and 
 the provisions of this chapter, and shall amend the same from 
 time to time. Such persons shall be municipal civil service 
 commissioners and shall constitute the municipal civil service 
 commission of such city. All appointments or designations of 
 municipal civil service commissioners shall be made in such man- 
 ner that not more than two-thirds of such commissioners in any 
 city shall at any time be adherents of the same political party. 
 Such rules herein prescribed and established, and all regulations 
 now existing for appointment and promotion in the civil service 
 of said city, and any subsequent modification thereof, whether 
 prescribed under the authority of a general law or of any special 
 or local law, shall be valid and take or continue in effect only upon 
 the approval of the mayor of the city and of the state civil service 
 commission. The authority by this section conferred shall not 
 be so exercised as to take from any policeman or fireman any right 
 or benefit conferred by law, or existing under any lawful regula- 
 tion of the department in which he serves. All examinations 
 herein authorized shall be public, and all rules shall be published, 
 and, with all the proceedings and papers connected with said 
 examinations, shall be at all times subject to the inspection of 
 said state commission and its agents; and said commission shall 
 set forth irr its report the character and practical effects of such 
 examinations, together with its views as to the improvement and 
 extension of the same, and also copies of all rules made under 
 the authority hereby conferred. Subject to the provisions of 
 this chapter and of said rules, the municipal commission of any 
 city shall make regulations for and have control of examinations 
 
 59
 
 and registrations for the service of such city, and shall supervise 
 and preserve the records of the same. In case for any reason v 
 the mayor of any city within sixty days after he has the power to 
 appoint, fails to appoint such municipal commissioners, the state 
 commission shall appoint them to hold office until the expiration 
 of the term of the mayor then in office and until their successors 
 are appointed and qualify. It shall be the duty of such persons 
 to prepare and to procure the approval of the rules herein provided 
 for, and, if they fail to do so within sixty days after their appoint- 
 ment, the state commission shall forthwith make said rules. It 
 shall be the duty of such persons to make reports from time to 
 time to the state commission, whenever said commission may 
 request, of the manner in which this law, and the rules and 
 regulations thereunder, have been and are administered, and the 
 results of their administration in such city, and of such other 
 matters as said commission may require, and annually on or 
 before the fifteenth day of January, to make such a report to 
 said commission; and it shall be the duty of said state commission 
 in its annual report to set out either these reports, or a sufficient 
 abstract or summary thereof, to give full and clear information 
 as to their contents. A copy of the roster of the classified civil 
 service of such city shall be transmitted to the state commission 
 with the annual report aforesaid, and shall be filed in the office ot 
 said commission as a public record. The municipal commission 
 of each city, for the purpose of investigating the enforcement and 
 effect of the civil service law and the rules and regulations 
 prescribed thereunder in the service of such city, shall have 
 the same powers that are granted to the state commission by 
 the third and fourth subdivisions of section six of this act. The 
 mayor may at any time remove any municipal civil service com- 
 missioner appointed by him. Said state commission may also, 
 by unanimous vote of the three commissioners, with the written 
 approval of the governor, remove any municipal civil service 
 commissioner appointed or employed under the authority of this 
 section, for incompetency, inefficiency, neglect of duty or violation 
 of the provisions of this chapter, or of the rules and regulations 
 in force thereunder, or of any of them, specifying in writing the 
 particulars of the incompetency, inefficiency, neglect of duty or 
 violation charged, and filing the same as a public document in the 
 office of the city clerk, or if there be no city clerk, in the office of 
 the clerk of the board of aldermen, and a certified transcript 
 thereof in the office of the state civil service commission, first 
 giving such commissioner an opportunity to make a personal 
 explanation in self-defense. Whenever a municipal civil service 
 commissioner has been removed by the unanimous vote of the 
 
 60
 
 three state commissioners, with the written approval of the 
 governor, or whenever any municipal commissioner shall resign or 
 be removed by the mayor pending an investigation by the state 
 commission of the administration of the civil service of the city in 
 which such person is a municipal commissioner, or whenever any 
 municipal commissioner shall resign or be removed by the mayor 
 pending a hearing by the state commission of charges preferred 
 against such municipal commissioner, the state commission and 
 not the mayor of such city shall have power to appoint persons 
 to fill such vacancies, and such persons so appointed by the state 
 commission shall hold office as municipal civil service commis- 
 sioners of such city until the expiration of the term of the mayor 
 then in office and until their successors are appointed and qualify. 
 Said state commission may at any time, by unanimous vote of the 
 three commissioners, amend or rescind any rule, regulation or 
 classification prescribed under the provisions of this section, 
 provided that said state commission shall state the reasons for 
 such action in writing, and file the same and a certified transcript 
 thereof as a public document as hereinbefore provided, and give 
 an opportunity to the municipal civil service commissioners con- 
 cerned to make a personal explanation and to file papers in 
 opposition to such action. The said state commission, however, 
 shall not take such action upon any ground other than that the 
 provisions or purposes of this chapter are not properly or suffi- 
 ciently carried out by such rule, regulation or classification, nor 
 without specifying in writing and detail in what particular such 
 provisions or purposes are not carried out, nor shall said state 
 commission exempt from competitive examination any position 
 or place or employment in any city without the consent of the 
 municipal commission of such city. (As amended by chapter 
 357, Laws of 1916.) 
 
 12. Classification. The offices and positions in the classi- 
 fied service of the state or of any civil division or city thereof for 
 which civil service rules shall be established pursuant to this 
 chapter, shall be arranged in four classes to be designated as the 
 exempt class, the competitive class, the non-competitive class 
 and, in cities, the labor class. 
 
 13. The exempt class. The following positions shall be 
 included in the exempt class: 
 
 1. The deputies of principal executive officers authorized by- 
 law to act generally for and in place of their principals; 
 
 61
 
 2. One secretary of each officer, board and commission, 
 authorized by law to appoint a secretary; 
 
 3. One clerk, and one deputy clerk if authorized by law, of 
 each court, and one clerk of each elective judicial officer; 
 
 4. In the state service, all unskilled laborers and such skilled 
 laborers as are not included in the competitive class or the non- 
 competitive class; and in addition thereto there may be included 
 in the exempt class all other subordinate offices for the filling of 
 which competitive or non-competitive examination may be found 
 to be not practicable. But no office or position shall be deemed to 
 be in the exempt class unless it is specifically named in such class 
 in the rules, and the reasons for each such exemption shall be 
 stated separately in the annual reports of the commission. Not 
 more than one appointment shall be made to or under the title 
 of any such office or position, unless a different number is specifi- 
 cally mentioned in such rules. Appointments to positions in 
 the exempt class may be made without examination. (As 
 amended by chap. 170, Laws of 1912; chap. 352, Laws of 1913.) 
 
 14. The competitive class. The competitive class shall in- 
 clude all positions for which it is practicable to determine the merit 
 and fitness of applicants by competitive examination, and shall in- 
 clude all positions now existing, or hereafter created, of whatever 
 functions, designations or compensation, in each and every branch 
 of the classified service, except such positions as are in the exempt 
 class, the non-competitive class or the labor class. Appointments 
 shall be made to or employment shall be given in all positions in 
 the competitive class that are not filled by promotion, reinstate- 
 ment, transfer or reduction under the provisionsof this chapter and 
 the rules in pursuance thereof, by appointment from among those 
 graded highest in open competitive examinations conducted by 
 the state or municipal commission, except as herein otherwise 
 provided. The term of eligibility shall be fixed for each eligible 
 list at not less than one nor more than four years. Appointment 
 shall be made from the eligible list most nearly appropriate for 
 the group in which the position to be filled is classified, and a new 
 list shall be created for a stated position or group of positions 
 only when there is no appropriate list existing from which 
 appointment may be made. No person shall be appointed or 
 employed under any title not appropriate to the duties to be 
 performed, and no person shall be transferred to, or assigned to 
 perform the duties, of any position subject to competitive 
 examination, unless he shall have previously passed an open com- 
 
 62
 
 petitive examination equivalent to that required for such position, 
 or unless he shall have served with fidelity for at least three years in 
 a similar position. Appointments to positions in the state service, 
 the duties of which are confined to a locality outside of Albany 
 county, shall, so far as practicable, be made from residents of the 
 judicial district or districts including such locality. The exami- 
 nations shall be public and shall be practical in their character 
 and shall relate to those matters which will fairly test the relative 
 capacity and fitness of the persons examined to discharge the 
 duties of that service into which they seek to be appointed. Such 
 commissions shall prepare lists of preliminary requirements and 
 subjects of examination for the several positions or groups of 
 positions in the competitive class and shall publish their rules 
 and such information, and advertise such examinations in such 
 manner as the nature of the examinations may require. Each of 
 such commissions shall require intending competitors to file in its 
 office a reasonable length of time before the date of any examina- 
 tion, a formal application in which the applicant shall state under 
 oath: 
 
 1. His full name, residence and post-office address. 
 
 2. His age and the place and date of his birth. 
 
 3. His health and physical capacity for the public service. 
 
 4. His right of preference by reason of military or naval 
 service. m 
 
 5. His business or employment, and residence for at least the 
 previous five years. 
 
 6. Such other information as may reasonably be required 
 touching the applicant's merit and fitness for the public service. 
 
 Blank forms for such application shall be furnished by said 
 commissions without charge to all persons requesting the same. 
 Such commissions may require in connection with such application 
 such certificates of citizens, physicians, public officers or others 
 having knowledge of the applicant, as the good of the service may 
 require. Such commissions may refuse to examine an applicant, 
 or after examination to certify an eligible, who is found to lack 
 any of the established preliminary requirements for the exami- 
 nation or position for which he applies; or who is physically so 
 disabled as to be rendered unfit for his performance of the duties 
 
 63
 
 of the position to which he seeks appointment; or who is addicted 
 to the habitual use of intoxicating beverages to excess; or who has 
 been guilty of a crime or of infamous or notoriously disgraceful 
 conduct; or who has been dismissed from the public service for 
 delinquency or misconduct; or who has intentionally made a 
 false statement of any material fact, or practiced, or attempted to 
 practice, any deception or fraud in his application, in his exami- 
 nation, or in securing his eligibility or appointment. When the 
 position to be filled involves fiduciary responsibility, the ap- 
 pointing officer, where permitted by law, may require the ap- 
 pointee to furnish a bond or other security and shall notify the 
 state or municipal commission of the amount and necessary 
 details thereof. (As amended by chap. 547, Laws of 1911.) 
 
 15. Exemptions from competitive examination. Positions 
 in the competitive class may be filled without examination as 
 follows: 
 
 1. Whenever there are urgent reasons for filling a vacancy in 
 the competitive class and there is no list of persons eligible for 
 appointment after competitive examination, the appointing 
 officer may nominate a person to the state or municipal com- 
 mission for non-competitive examination, and if such nominee 
 shall be certified by such commission as qualified after such non- 
 competitive examination, he may be appointed provisionally to 
 fill such vacancy until a selection and appointment can be made 
 after competitive examination, but such provisional appointment 
 shall not continue for a longer period than four months, nor shall 
 successive provisional appointments be made to the same position 
 under this subdivision. (As amended by chap. 361, Laws of 1915.) 
 
 2. In case of a vacancy in a 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 and that the position can be best filled 
 by the selection of some designated person of high and recognized 
 attainments in such qualities, the state or municipal commission 
 may 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 in 
 the annual reports of such commissions with the reasons for the 
 same. 
 
 3. When the services to be rendered by an appointee in the 
 etate service are for a temporary period not to exceed one month 
 
 64
 
 and the need of such service is important and urgent, the ap- 
 pointing officer may select for such temporary service any person 
 on the proper list of those eligible for a permanent appointment 
 without regard to his standing on such list. 
 
 16. Promotion; transfer; reinstatement; reduction. 
 
 Vacancies in positions in the competitive class shall be filled, so far 
 as practicable, by promotion from among persons holding posi- 
 tions in a lower grade in the department, office or institution in 
 which the vacancy exists. Promotions shall be based upon merit 
 and competition and upon the superior qualifications of the 
 person promoted as shown by his previous service, due weight 
 being given to seniority. For the purposes of this section an 
 increase in the salary or other compensation of any person holding 
 an office or position within the scope of the rules in force hereunder 
 beyond the limit fixed for the grade in which such office or position 
 is classified, shall be deemed a promotion. No promotion, 
 transfer or reinstatement shall be made from a position in one 
 class to a position in another class unless the same be specially 
 authorized by the state or municipal commission, nor shall a 
 person be promoted or transferred to a position for original 
 entrance to which there is required by this chapter or the rules 
 an examination involving essential tests or qualifications different 
 from or higher than those required for original entrance to the 
 position held by such person, unless he shall have passed the 
 examination or attained a place upon the eligible list for such 
 higher position. 
 
 17. The non-competitive class. The non- competitive 
 class shall include such positions as are not in the exempt class or 
 the labor class and which it is impracticable to include in the com- 
 petitive class. Appointments to positions in the non-competitive 
 class shall be made after such non-competitive examination as is 
 prescribed by the rules. 
 
 18. The labor class in cities. The labor class in cities 
 shall include unskilled laborers and such skilled laborers as are 
 not included in the competitive class or the non-competitive class. 
 Vacancies in the labor class in cities shall be filled by appointment 
 from lists of applicants registered by the municipal commissions. 
 Preference in employment from such lists shall be given according 
 to date of application. There -shall be separate lists of applicants 
 for different kinds of labor or employment, and the commissions 
 may establish separate labor lists for various institutions and 
 departments. Where the labor service of any department or 
 
 65
 
 institution extends to separate localities, the commissions may 
 provide separate registration lists for each district or locality. 
 The commissions shall require an applicant for registration for 
 the labor service to furnish such evidence or pass such examina- 
 tion as they may deem proper with respect to his age, residence, 
 physical condition, ability to labor, skill, capacity and experience 
 in the trade or employment for which he applies. 
 
 19. Official roster; reports of appointing officers. No 
 
 person shall be appointed to or employed in any position in the 
 classified service of the state or of any civil division or city thereof 
 for which rules have been prescribed pursuant to the provisions of 
 this chapter, until he has passed an examination or is shown to be 
 especially exempted from such examination in conformity with 
 such rules and the provisions of this chapter. It shall be the 
 duty of each appointing officer of the state or any such civil 
 division thereof, except cities, to report to the state civil service 
 commission forthwith upon such appointment or employment the 
 name of such appointee or employee, the title and character of his 
 office or employment, the date of the commencement of service 
 by virtue thereof and the salary or compensation thereof, and to 
 report from time to time and upon the date of official action in or 
 knowledge of each case, any separation of a person from the ser- 
 vice, or other change therein, and such other information as the 
 commission may require, in order to keep the roster hereinafter 
 mentioned. The commission shall keep in its office an official 
 roster of the classified civil service of the state and of each of the 
 civil divisions thereof for which rules" have been prescribed 
 pursuant to this chapter, except cities, and shall enter thereon 
 the name of each and every person who has been appointed to, 
 employed, promoted or reinstated in any position in such service 
 upon such evidence as 1 it may require or deem satisfactory that 
 such person was appointed to, promoted or reinstated in the service 
 in conformity with the provisions of law and the rules prescribed 
 pursuant to this chapter. The official roster shall show opposite 
 or in connection with each name the date of appointment, 
 employment, promotion or reinstatement, the compensation of 
 the position, the date of commencement of service, and date of 
 transfer in or separation from service by dismissal, resignation, 
 cancellation of appointment or death. In like manner the munici- 
 pal commission of each city shall keep in its office an official roster 
 of the classified civil service of such city, and shall enter thereon 
 the name of each and every person who has been appointed to, 
 employed, promoted or reinstated in any position in such service, 
 upon such evidence as it may require or deem satisfactory that 
 
 66
 
 such person was appointed to, or employed, promoted or reinstated 
 in the service in conformity with the provisions of law and of the 
 rules, and it shall be the duty of each appointing officer of such 
 city to report to such municipal commission in like manner as is 
 hereinbefore provided for reports from appointing officers to the 
 state commission. 
 
 20. Disbursing officers. It shall be unlawful for the comp- 
 troller or other fiscal officer of the state or any civil division or 
 city thereof for which civil service rules have been" prescribed 
 pursuant to this chapter, to draw, sign or issue, or authorize the 
 drawing, signing or issuing of any warrant on the treasurer or 
 other disbursing officer of the state or such civil division or city 
 thereof, for the payment of, or for the treasurer or other dis- 
 bursing officer of the state or of such civil division or city thereof, 
 to pay any salary or compensation to any officer, clerk or other 
 person in the classified service of the state or of such civil division 
 or city thereof, unless an estimate, payroll or account for such 
 salary or compensation, containing the names of the persons to 
 be paid, shall bear the certificate of the state civil service com- 
 mission, or in case of the service of a city, the certificate of the 
 municipal civil service commission of such city, that the persons 
 named in such estimate, payroll or account have been appointed or 
 employed or promoted in pursuance of law and of the rules made 
 in pursuance of law. Any officer, clerk or other person entitled 
 to be certified by said commission, or either of them, to the comp- 
 troller, treasurer or other fiscal or disbursing officer of the state or 
 any city or civil division thereof, as having been appointed or 
 employed in pursuance of law and of the rules made in pursuance 
 of law, and refused such certificate, may maintain a proceeding by 
 mandamus to compel such commission or commissions to issue- 
 such certificate. If the state civil service commission or any 
 municipal civil service commission shall find that any person has 
 been transferred, assigned to perform duties or reinstated in 
 violation of any provision of the civil service law or of the rules 
 adopted thereunder, it shall so notify the comptroller or other 
 fiscal officer of the state or of the appropriate civil division or 
 city thereof and thereafter such officer shall not draw, sign or 
 issue or authorize the drawing, signing or issuing of any warrant 
 on the treasurer or other disbursing officer for the payment of 
 salary or compensation to any such person. Any such person 
 may maintain a proceeding by mandamus to compel the pay- 
 ment of salary or compensation so withheld^ if lawfully entitled 
 thereto. Any sums paid contrary to the provisions of this section 
 may be recovered from any officer or officers making such ap- 
 
 67
 
 pointment in contravention of the provisions of law and of the 
 rules made in pursuance of law, or any officer signing or counter- 
 signing, or authorizing the signing or countersigning of any warrant 
 for the payment of the same, and from the sureties on his official 
 bond, in an action in the supreme court of the state, maintained 
 by a citizen resident therein, who is assessed for and is liable 
 to pay, or within one year before the commencement of the 
 action, has paid a tax therein. All moneys recovered in any 
 action brought under the provisions of this section must, when 
 collected, be paid into the treasury of the state or such civil 
 division thereof, except that the plaintiff in any such action 
 shall be entitled to receive for his own use the taxable costs of 
 such action. (As amended by chap. 240, Laws of 1909; chap. 
 67, Laws of 1914.) 
 
 21. Preferences allowed honorably discharged soldiers, 
 sailors and marines. In every public department and upon all 
 public works of the state of New York and of the cities, counties, 
 towns and villages thereof, honorably discharged soldiers, sailors 
 and marines from the army and navy of the United States in the 
 late civil war who are citizens and residents of this state, shall be 
 entitled to preference in appointment and promotion without 
 regard to their standing on any list from which such appointment 
 or promotion may be made to all competitive and non-competi- 
 tive positions provided their qualifications and fitness shall have 
 been ascertained as provided in this chapter and the rules and 
 regulations in pursuance thereof; and a person thus preferred 
 shall not be disqualified from holding any position in the civil 
 service on account of his age or by reason of any physical dis- 
 ability provided such age or disability does not render him 
 incompetent to perform the duties of the position applied for. 
 Whenever any list of eligible persons, prepared under authority 
 of this chapter, shall contain the names of honorably discharged 
 soldiers, sailors and marines entitled to preference as aforesaid 
 any reference in this chapter or in the r-ules and regulations in 
 pursuance thereof to the persons standing highest on such list 
 shall be deemed to indicate those standing highest of those 
 entitled to preference by the provisions of this section and such 
 persons shall be given preference on any list of registered appli- 
 cants for employment in the labor service, in accordance with the 
 dates of their several applications as though such applications 
 had been filed prior to those of any persons on such lists not 
 entitled to the preference provided by this section. A refusal to 
 allow the preference provided for in this and the next succeeding 
 section to any honorably discharged soldier, sailor or marine or a 
 
 68
 
 reduction of his compensation intended to bring about his 
 resignation shall be deemed a misdemeanor, and such honorably 
 discharged soldier, sailor or marine shall have a right of action 
 therefor in any court of competent jurisdiction for damages, and 
 also a remedy by mandamus for righting the wrong. 
 
 21 -a. Retiring veterans of the late civil war and granting 
 them pensions. -Every soldier, sailor or marine of the army or 
 navy of the United States in the late civil war, honorably 
 discharged from service, who shall have been employed for a 
 continuous period of ten years or more in the civil service of the 
 state of New York, and who shall have reached the age of seventy 
 years, upon his own request, or if employed in manual labor, upon 
 becoming incapacitated for performing manual labor, shall be 
 retired from his employment by the state of New York, and 
 thereafter and during his life, the state department or institution 
 which employed him at the time of his retirement, shall pay to 
 him, in the same manner that the salary or wages of his former 
 position were customarily paid to him, an annual sum equal in 
 amount to one-half the salary or wages paid to him in the last 
 year of his employment; provided, however, that the amount so 
 to be paid to such retired veteran shall not exceed the sum of one 
 thousand dollars per annum. 
 
 22. Power of removal limited. Every person whose 
 rights may be in any way prejudiced contrary to any of the 
 provisions of this section shall be entitled to a writ of mandamus 
 to remedy the wrong. No person holding a position by appoint- 
 ment or employment in the state of New York or in the several 
 cities, counties, towns or villages thereof who is an honorably 
 discharged soldier, sailor or marine, having served as such in the 
 Union army or navy during the war of the rebellion, or who is 
 an honorably discharged soldier, sailor or marine, having served 
 as such in the army or navy of the United States during the late 
 war with Spain or the incidental insurrection in the Philippines 
 prior to July fourth, nineteen hundred and two, or who shall have 
 served the term required by law in the volunteer fire department 
 of any city, town or village in the state, or who shall have been 
 a member thereof at the time of the disbandment of such volunteer 
 fire department shall be removed from such position except for 
 incompetency or misconduct shown after a hearing upon due 
 notice upon stated charges, and with the right to such employee or 
 appointee to a review by a writ of certiorari. If the position so 
 held by any such honorably discharged soldier, sailor or marine 
 or volunteer fireman shall become unnecessary or be abolished for 
 
 69
 
 reasons of economy or otherwise, the said honorably discharged 
 soldier, sailor or marine or volunteer fireman holding the same 
 shall not be discharged from the public service, but shall be 
 transferred to any branch of the said service for duty in such 
 position as he may be fitted to fill, receiving the same compensa- 
 tion therefor, and it is hereby made the duty of all persons clothed 
 with power of appointment to make such transfer effective. The 
 burden of proving incompetency or misconduct shall be upon the 
 person alleging the same. In every county of the state wholly 
 included within the limits of a city but not comprising the whole 
 of such city, no regular clerk or head of a bureau or person holding 
 a position in the classified state civil service, subject to competi- 
 tive examination, shall be removed until he has been allowed an 
 opportunity of making an explanation; and in every case of re- 
 moval the true grounds thereof shall be forthwith entered upon 
 the records of the department of the office in which he has been 
 employed, and a copy filed with the state civil service commission. 
 In case of a removal, a statement showing the reasons therefor 
 shall be filed in the department or office where such clerk, head of 
 a bureau or person had been employed. Whenever such offices, 
 positions or employments in every county of the state hereinbe- 
 fore specified are abolished or made unnecessary, it shall be the 
 duty of the head of the department or office in which such persons 
 had been employed, to furnish the names of the person or persons 
 affected to the state civil service commission, with a statement in 
 the case of each of the date of his original appointment in the 
 service. It shall be the duty of the state civil service commis- 
 sion forthwith to place the names of said persons upon a list of 
 suspended employees for -the office or position or for the class of 
 work in which they have been employed, or for any corresponding 
 or similar office, position or class of work, and to certify the said 
 persons for reinstatement or re-employment in the order of their 
 original appointment before making certification frofn any other 
 list. The failure of any person on any such list for reinstatement 
 or re-employment to accept after reasonable notice, an office or 
 position in the same county and at the same salary or wages as the 
 position formerly held by him, shall be held to be a relinquish- 
 ment of his right to reinstatement as herein stated. Nothing 
 in this section shall be construed to apply to the position of 
 private secretary, cashier or deputy of any official or department. 
 (As amended by chap. 264, Laws of 1910.) 
 
 23. Compensation of veterans reinstated by order of the 
 courts. Any honorably discharged soldier, sailor or marine, who 
 having served as such in the Union army or navy during the war 
 
 70
 
 of the rebellion, shall have been, or may hereafter be removed 
 from any position held by him by appointment or employment 
 in the state of New York or in the several cities, counties, towns 
 or villages thereof in contravention or violation of any provision 
 of section twenty-two of this article and who shall have been 
 restored to such position or employment either by a peremptory 
 writ of mandamus of the supreme court or by final order on a writ 
 of certiorari, as authorized by said section twenty-two, shall be 
 entitled to receive and shall receive from said state or the city, 
 county, town or village thereof under which said position or em- 
 ployment was held by him, the same compensation therefor from 
 the date of such unlawful removal to the date of his said restora- 
 tion to said position or employment which he would have been 
 entitled by law to have received in such position or employment 
 but for such unlawful removal, and such veteran, shall be entitled 
 to a writ of mandamus to enforce the payment thereof, but such 
 compensation or salary or wages, due in such position or employ- 
 ment, sljall be subject to the provisions of sections four hundred 
 seventy-four and four hundred seventy-five of the judiciary law 
 for services rendered in either or both said special proceedings but 
 otherwise shall be paid only directly to such veteran. 
 
 24. Misdemeanor to obstruct right of examination; false 
 representation; impersonation in examination. Any commis- 
 sioner, or exami-ner, or any other person who shall wilfully by 
 himself or in co-operation with other persons, defeat, deceive or 
 obstruct any person in respect of his or her right of examination, 
 or registration, according to any rules or regulations prescribed 
 pursuant to the provisions of this chapter, or who shall wilfully 
 and falsely mark, grade, estimate or report upon the examination 
 or proper standing of any person examined, registered or certified, 
 pursuant to the provisions of this chapter, or aid in so doing, or 
 who shall wilfully make any false representations concerning the 
 same, or concerning the person examined, or who shall wilfully 
 furnish to any person any special or secret information for the 
 purpose of either improving or injuring the prospects or chances 
 of any person so examined, registered or certified, or to be ex- 
 amined, registered or certified, or who shall personate any other 
 person, or permit or aid in any manner any other person to per- 
 sonate him, in connection with any examination or registration 
 or application or request to be examined or registered, shall for 
 each offense be deemed guilty of a misdemeanor. 
 
 25. Recommendations for appointment or promotion. No 
 
 recommendation or question under the authority of this chapter 
 
 71
 
 shall relate to the political opinions or affiliations of any person 
 whatever; and no appointment or selection to or removal from an 
 office or employment within the scope of the rules established as 
 aforesaid, shall be in any manner affected or influenced by such 
 opinions or affiliations. No person in the civil service of the 
 state or of any civil division or city thereof, is for that reason under 
 any obligation to contribute to any political fund or to render any 
 political service, and no person shall be removed or otherwise 
 prejudiced for refusing so to do. No person in the said civil 
 service shall discharge or promote or reduce, or in any manner 
 change the official rank or compensation of any other person in 
 said service, or promise or threaten so to do for giving or with- 
 holding or neglecting to make any contribution of money or ser- 
 vice or any other valuable thing for any political purpose. No 
 person in said service shall use his official authority or influence to 
 coerce the political action of any person or body, or to interfere 
 with any election. 
 
 26. Political assessments prohibited. No officer, agent, 
 clerk or employee under the government of the state of New 
 York or any civil division or city thereof shall, directly or in- 
 directly, use his authority or official influence to compel or induce 
 any other officer, clerk, agent or employee under said government, 
 or any civil division or city thereof, to pay or promise to pay any 
 political assessment, subscription or contribution. Every said 
 officer, agent, clerk or employee who may have charge or control 
 in any building, office or room occupied for any purpose of said 
 government, or any said division or city thereof, is hereby 
 authorized to prohibit the entry of any person, and he shall not 
 knowingly permit any person to enter the same for the purpose of 
 therein making, collecting, receiving or giving notice of any 
 political assessment, subscription or contribution; and no person 
 shall enter or remain in any said office, building or room, or send 
 or direct any letter or other writing thereto, for the purpose of 
 giving notice of, demanding or collecting a political assessment, 
 nor shall any person therein give notice of, demand, collect or 
 receive any such assessment, subscription or contribution; and 
 no person shall prepare or make out, or take any part in preparing 
 or making out, any political assessment, subscription or contribu- 
 tion with the intent that* the same shall be sent or presented to or 
 collected of any officer, agent or employee subject to the provi- 
 sions of this chapter, under the government of the state of New 
 York, or that of any civil division or city thereof, and no person 
 shall knowingly send or present any political assessment, sub- 
 scription or contribution to or request its payment of any said 
 
 72
 
 officer, agent or employee. Any person who shall 'be guilty of 
 violating any provision of this section shall be deemed guilty of a 
 misdemeanor. 
 
 27. Officers or candidates not to promise influence; 
 "public officer" and "public employee" denned. Whoever, while 
 holding any public office, or in nomination for, or while seeking a 
 nomination or appointment for any public office, shall corruptly 
 use or promise to use, whether directly or indirectly, any official 
 authority or influence, whether then possessed or merely antici- 
 pated, in the way of conferring upon any person, or in order to 
 secure or aid any person in securing any office or public employ- 
 ment, or any nomination, confirmation, promotion or increase of 
 salary, upon the consideration or condition that the vote or 
 political influence or action of the last-named person, or any other 
 shall be given or used in behalf of any candidate, officer or party, 
 or upon any other corrupt condition or consideration, shall be 
 deemed guilty of bribery or an attempt at bribery. And whoever 
 being a public officer, or having or claiming to have any authority 
 or influence for or affecting the nomination, public employment, 
 confirmation, promotion, removal or increase or decrease of 
 salary of any public officer, shall corruptly use, or promise, or 
 threaten to use any such authority or influence, directly or in- 
 directly, in order to coerce or persuade the vote or political 
 action of any citizen or the removal, discharge or promotion of 
 any officer or public employee, or upon any other corrupt con- 
 sideration, shall also be guilty of bribery or of an attempt at 
 bribery. Every person found guilty of such bribery, or an 
 attempt to commit the same, as aforesaid, shall, upon conviction 
 thereof, be liable to be punished by a fine of not less than one 
 hundred dollars nor more than three thousand dollars, or to be 
 imprisoned not less than ten days nor more than two years, or to 
 both said fine and said imprisonment, in the discretion of the court. 
 The phrase "public officer" shall be held to include all public 
 officials in this state, whether paid directly or indirectly from the 
 public treasury of the state, or from that of any civil division 
 thereof, or by fees or otherwise; and the phrase 'public employee'' 
 shall be held to include every person not an officer who is paid 
 from any said treasury. 
 
 28. Taxpayer's action. Any taxpayer shall have the 
 right to bring an action in the supreme court to restrain the 
 payment of salary or other compensation to any person appointed 
 to or holding any office, place or employment in violation of any 
 of the provisions of this chapter, and such right shall not be 
 
 73
 
 limited or denied by reason of the fact that said office, place or 
 employment shall have been classified as, or determined to be, 
 not subject to competitive examination; provided, however, 
 that any judgment or injunction granted or made in any such 
 action shall be prospective only, and shall not affect payments 
 already made or due to such persons by the proper disbursing 
 officers, in accordance with the civil service rules in force at the 
 time of such payments. (As amended by chap. 513, Laws of 
 1914.) 
 
 29. Publication of examination pamphlet and civil list. 
 
 The state civil service commission may publish, and sell for a 
 nominal sum, a pamphlet containing papers to illustrate to can- 
 didates the methods of examination, and containing such other 
 information as in the opinion of the commission will be useful 
 to candidates in making applications and preparing for competi- 
 tion. Such commission may also publish semi-annually, revised 
 to the first day of January or the first day of July preceding, a 
 civil list of the state and county service. Copies of such list 
 shall be sent free to state officers, members of the legislature and 
 such other public officers as the commission deems advisable, and 
 copies shall also be placed on sale at a minimum price sufficient to 
 cover the cost of publication and mailing. (Added by chap. 
 590, Laws of 1910.) 
 
 ARTICLE 3 
 Classification of State Employees 
 
 Section 40. Application. 
 
 41. Classification of employees in grades. 
 
 42. Salaries for each grade. 
 
 43. Extra salary or compensation prohibited. 
 
 44. Temporary service. 
 
 45. Appointments and promotions. 
 
 40. Application. The provisions of this article shall 
 apply to all clerks, bookkeepers, stenographers, copyists, messen- 
 gers and other employees whose duties are of a clerical character 
 in all the state departments, bureaus, commissions and offices, 
 except those otherwise fixed by law, or whose salaries were 
 January first, nineteen hundred and one, more than the maximum 
 fixed herein. 
 
 41. Classification of employees in grades. All clerks, 
 bookkeepers, stenographers, copyists, messengers, pages or other 
 
 74
 
 employees performing clerical service in the state departments, 
 bureaus, divisions, commissions and other offices excepting 
 deputies, heads, chiefs and assistant heads and chiefs of divisions 
 or bureaus shall be classified in one of the following grades, in 
 accordance with the appropriations made by the legislature for 
 such purpose. 
 
 42. Salaries for each grade. The annual salaries of 
 employees for each grade shall not be to exceed the following: 
 First grade, three hundred sixty dollars; second grade, four 
 hundred eight dollars; third grade, six hundred dollars; fourth 
 grade, seven hundred twenty dollars; fifth grade, nine hundred 
 dollars; sixth grade, twelve hundred dollars; seventh grade, 
 fifteen hundred dollars; eighth grade, eighteen hundred dollars; 
 ninth grade, twenty-one hundred dollars; tenth grade, twenty- 
 four hundred dollars. 
 
 43. Extra salary or compensation prohibited. No person 
 holding a position or employed in any department, bureau, com- 
 mission or office to which this article applies and for which a 
 definite salary or compensation has been appropriated or designated 
 shall receive any extra salary or compensation in addition to that 
 so fixed. 
 
 44. Temporary service. All departments, bureaus, com- 
 missions or offices which have been granted an appropriation for 
 temporary clerical service, may appoint in accordance with the 
 provisions of this article employees in any of the grades heretofore 
 specified below the eighth grade, which employees shall be paid 
 from the special appropriation made for such purpose, but from 
 no other fund. 
 
 45. Appointments and promotions. Original appoint- 
 ment to the position of clerk, bookkeeper, stenographer, copyist 
 or messenger shall be made so far as practicable to the lowest 
 grade established in the department, bureau, commission or 
 office in which the appointment is made, and no position above 
 such grade shall be filled by original appointment of a person not 
 in the service, if there is employed in the same office or depart- 
 ment in a similar position in a lower grade any person who is 
 competent to perform the duties of the higher position who can 
 be promoted. Promotion shall be made by successive grades so 
 far as practicable, and no person shall be promoted to a position 
 in the higher grade who has not served at least six months in the 
 next lower grade. 
 
 75
 
 ARTICLE 4 
 Laws Repealed; When to Take Effect. 
 
 Section 60. Laws repealed. 
 
 61. When to take effect. 
 
 60. Laws repealed. Of the laws enumerated in th~e 
 schedule hereto annexed, that portion specified in the last column 
 is hereby repealed. 
 
 61. When to take effect. This chapter shall take effect 
 immediately. 
 
 Schedule of Laws Repealed 
 
 Laws of Chapter Laws of Chapter 
 
 1883 354 1896 821 
 
 1884 312 1897 * 428 
 
 1884 357 1898 184 
 
 1884 410 1898 186 
 
 1886 29 1899 370 
 
 1887 464 1900 66 
 
 1888 119 1900 195 
 
 1890 67 1900 675 
 
 1892 577 1901 521 
 
 1894 354 1901 533 
 
 1894 681 1902 270 
 
 1894 716 1902 355 
 
 1894 717 1904 637 
 
 1895 . 344 1904.... .. 697 
 
 76
 
 INDEX 
 
 Rules of the Civil Service Commission for the 
 City of Buffalo 
 
 (For Index to Law see page 86) 
 
 Rule Page 
 
 Age Requirements: 
 
 Fire Department, other than firemen 12 19 
 
 Firemen 11 1 lg 
 
 May be prescribed by Commission 9 7 16 
 
 Patrolmen 10 1 17 
 
 Police Department, other than patrolmen.. 12 19 
 Subject to provisions of law respecting 
 
 veterans 9 7 16 
 
 Appeals from Ratings in Examinations: 
 
 Must be in writing 15 9 21 
 
 Must be made within 15 days after adop- 
 tion of list 15 9 21 
 
 Shall specify cause for complaint 15 9 21 
 
 Applications for Examination in Competitive 
 Class and Non-Competitive Class: 
 
 Certificates as to character, etc 9 3,4,6 15, 16 
 
 Communications as to qualifications not 
 
 considered "9 5 16 
 
 Contents of, shall show under oath 9 15, 16 
 
 Deception in, attempt to practice 13 19 
 
 False statements in 13 19 
 
 Filing of 9 15 
 
 Fire Department (see Fire Department) 
 
 Form to be provided by Commission 9 15 
 
 Fraud in, attempt to practice 13 19 
 
 Must be under oath 9 15 
 
 No admittance to examination without 
 
 .filing 9 15 
 
 Police Department (see Police Department) 
 
 When less than three are filed 21 2 28 
 
 When none are filed, result 21 2 28 
 
 Applications for Registration in Labor Class: 
 
 Certificates as to character, etc 34 3 38 
 
 Contents of, must give 34 3 38 
 
 Failure to file for re-registration 34 6 39 
 
 Filing of, preference in employment 34 2 38 
 
 Forms to be prescribed by Commission ....34 3 38 
 
 Period in force, limited 34 6 39 
 
 Preference in employment, according to 
 
 date of filing 34 2 38 
 
 Appointing Officer: 
 
 Duties of, in relation to all employments..37 41 
 
 Duties of, in relation to payrolls 40 44 
 
 Reports of 37 41 
 
 77
 
 INDEX 
 
 Rule , Page 
 
 Shall not select or appoint, except in ac- 
 cordance with law and rules 18 24 
 
 Term, defined 1 2 11 
 
 Appointments: 
 
 Acceptance of temporary, not to affect 
 
 standing on list 22 3 28 
 
 After serving for three years in a similar 
 
 position 19 2 24 
 
 Certification for (see Certification for 
 Appointment) 
 
 Classified service, only after examina- 
 tion or special exemption 19 1 24 
 
 Declination of, result, exceptions 20 6, 7, 8 26 
 
 Desk Sergeants, "Permanent Substitute 
 
 Desk Sergeants" 27 32 
 
 Drivers in Fire Department "Substi- 
 tute Corps" 26 31 
 
 Emergency (see Emergency Employment).. 24 30 
 
 Employees of Commission 2 12 
 
 Exempt class, may be made without ex- 
 amination 5 4 13 
 
 Failure to accept 20 6 26 
 
 Fire Department (see Fire Department) 
 
 Firemen in Fire Department "Substi- 
 tute Corps" 26 31 
 
 From eligible lists, how made 20 1, 9 25, 27 
 
 Incapacitated for 15 10 
 
 Labor class, how made 34 2 33 
 
 More than one, number of names to be 
 
 certified 20 3 25 
 
 Non-competitive class, how made 33 1 37 
 
 Not to be made under title not appro- 
 priate to duties 19 2 
 
 Number of names certified for 20 2, 3 25 
 
 Offer of, must be accepted within 4 days.. 20 6 26 
 
 Original, not allowed when promotion is 
 
 practicable 29 1 33 
 
 "Permanent Substitute Desk Sergeants," 
 Police Department 27 
 
 Permanent, name to be stricken from list.... 20 11 27 
 
 Power of, limited .18 24 
 
 Preference in, to be given if entitled to 
 
 preference 35 40 
 
 Provisional, (see Provisional Appoint- 
 ments) 21 27 
 
 Refusal to accept 20 6 
 
 Removal after, cause for (see Dismissal) ..13 19 
 
 Salary of person accepting, not to be 
 
 increased , 20 8 26 
 
 "Season Positions," how made (see Sea- 
 son Positions) 23 29 
 
 Special Patrolmen, how made 25 30 
 
 "Substitute Corps," Fire Department 26 31 
 
 78
 
 INDEX 
 
 Rule Page 
 
 Successive temporary not allowed 22 2 28 
 
 Successive emergency not allowed 24 30 
 
 Temporary (see Temporary Employment). .22 28 
 
 Term of probation of (see Probationary 
 
 Term) 28 33 
 
 To be reported by appointing officer 37 (a) 42 
 
 To position subject to competitive ex- 
 amination, only after passing open 
 
 competitive examination 19 2 24 
 
 Veterans entitled to preference in 35 40 
 
 Waiver of '. 20 8 26 
 
 When the list contains less than 3 names. ...20 10 27 
 
 21 1 27 
 
 When there is no list 21 1 27 
 
 Certification for appointment: 
 
 Additional names to be certified, when 20 6 26 
 
 Must indicate persons entitled to pref- 
 erence 20 2 25 
 
 No one to be certified more than 3 times, 25 
 
 exception 20 4 
 
 ' Number pf names to be certified 20 2, 3 25 
 
 Physical examination may be required 
 
 before being certified 15 5 21 
 
 Promotion, manner of certifying for 29 6 35 
 
 Request for, must contain 20 2, 5 25, 26 
 
 To be made without regard to sex, ex- 
 ception 20 5 26 
 
 Citizenship: (see Residence and Citizenship) 
 
 Civil Service, term defined 1 1 11 
 
 Civil Service Commission: 
 
 Election of President 2 12 
 
 Employees of 2 12 
 
 Employment of assistants or experts 
 
 without examination 15 8 21 
 
 Number of Commissioners 2 12 
 
 Power to appoint employees 2 12 
 
 Power to correct errors 15 10 22 
 
 President of 2 
 
 Secretary of 2 12 
 
 Classified Service: 
 
 All changes in status of employees, to be 
 
 reported to Commission 37 41 
 
 Appointments in, only after examina- 
 tion or special exemption 19 1 
 
 Competitive Class, defined 6 
 
 Division of, into four classes 4 
 
 Exempt Class, defined 5 
 
 Labor Class, defined 8 
 
 Non-Competitive Class, defined 7 
 
 Positions comprised in 4 
 
 Roster of 38 
 
 Schedules "A," "B," "C," "D," desig- 
 nated in 4 13 
 
 79
 
 INDEX 
 
 Rule Page 
 
 Term of probation in 28 33 
 
 Compensation, term defined 1 6 12 
 
 Competitive Class: 
 
 Applications for examinations in, must 
 
 show 9 15 
 
 Applications (see Applications for Ex- 
 amination in Competitive Class 
 
 and Non-Competitive Class) 
 
 Appointments to, and employments in 19 24 
 
 Appointments to, from eligible list 20 25 
 
 Certification for appointment to posi- 
 tions in 20 2, 3 25 
 
 Emergency employment 24 30 
 
 Exemptions from examination, excep- 
 tional qualifications 16 22 
 
 No reinstatement, unless position ac- 
 quired as a result of examination 31 3 36 
 
 Positions included in 6 14 
 
 Promotion 29 
 
 Provisional appointments 21 27 
 
 Reinstatement in, after service in ex- 
 empt class or classified service 31 2 36 
 
 Residence and citizenship, requirements.... 9 1 15 
 
 Schedule "B" designates 6 14 
 
 ' ' Season Positions, ' ' (see Season Positions) . . 23 28 
 
 Suspension of rule requiring competition.... l6 22 
 
 Temporary appointments 22 28 
 
 Definition of terms 1 11 
 
 Disqualification of applicants, cause for 13 19 
 
 Dismissal : 
 
 Cause for 13 19 
 
 During term of probation 28 33 
 
 To be reported by appointing officer 37 (c) 
 
 Efficiency Records; nature of same; how kept.... 36 41 
 
 Eligible Lists: 
 
 Acceptance of temporary appointment 
 
 not to affect standing on .- 22 3 28 
 
 Appeals (see Appeals from Ratings in 
 . Examination) 
 
 Appointments from, how made 20 1, 9 25, 27 
 
 Appointments (see Appointments) 
 
 Cause for removal of name from 13 19 
 
 Correction of errors 15 10 22 
 
 Designation as permanent substitute 
 desk sergeant, name to be stricken 
 
 from _ 27 1 32 
 
 Designation to "Substitute Corps," 
 
 name to be stricken from 26 1 31 
 
 Incapacitated for appointment, may 
 
 strike name from 15 10 22 
 
 May be revoked or amended 15 10 22 
 
 Notice to competitors of standing on 15 9 21 
 
 No new list to be created; exception 20 1 25 
 
 80
 
 INDEX 
 
 Rule Page 
 
 Percentage necessary to attain a place 
 
 on; minimum average 17 1 23 
 
 Permanent appointment, name to be 
 
 stricken from 20 11 27 
 
 Persons declining, name to be stricken 
 
 from, exceptions 20 7 26 
 
 Physical examination may be required 
 
 before record on 15 5 21 
 
 Power to revoke or amend 15 10 22 
 
 Preference on, to be given if entitled by 
 
 law to preference 17 1 23 
 
 Promotion, preparation of, for 29 6 35 
 
 Provisional appointment not to continue 
 
 after notice of 21 1 27 
 
 Removal of name for cause 13 19 
 
 Salary not to be increased of appointee 
 
 whose standing is lower on 20 8 26 
 
 Term of eligibility of 17 2 23 
 
 Termination of, when, persons on to be 
 
 notified 17 3 23 
 
 When there are less than three names on.. 20 10 27 
 Emergency Employment: 
 
 Assistants or experts to conduct exami- 
 nations 15 8 21 
 
 Competitive class, when allowed 24 30 
 
 Limited, successive not to be made 24 30 
 
 Special patrolmen 25 30 
 
 To be reported by appointing officer 24 30 
 
 Employees of Commission, appointment of 2 12 
 
 Examinations: 
 
 Advertising of 15 6 21 
 
 Appeals from ratings in 15 9 21 
 
 Applications, less than three filed, result.. 21 2 28 
 
 Applications for, must be filed 9 15 
 
 Competitors to be notified of result of 15 9 21 
 
 Errors in, authority to correct 15 10 22 
 
 Exempt class, appointments to without.... 5 4 13 
 Exemptions from, (see Exemptions from 
 Examinations) 
 
 Fraud in, attempt to practice 13 19 
 
 Inspection of papers in, limited 15 9 21 
 
 Labor service, character of 34 4 39 
 
 Less than three applications filed for 21 2 28 
 
 Nature of all, shall be public 15 1 20 
 
 No applications filed 21 2 
 
 Non-competitive class, appointments 
 
 only after 33 1 37 
 
 Non-competitive class, character of 33 2 37 
 
 Notice to persons on list of new 17 3 23 
 
 Oral and practical tests 15 3 20 
 
 Physical qualifications of essential im- 
 portance 15 5 21 
 
 Preliminary requirements to be prepared .15 2 20 
 
 81
 
 INDEX 
 
 Rule Page 
 
 Promotional, conduct of 29 6 35 
 
 Provisional, character of 21 1 27 
 
 Rating of papers in 15 7 21 
 
 Re-examination of applicants 15 10 22 
 
 Requirements and subjects of 15 2 20 
 
 "Season Positions," character of 23 4 29 
 
 Subjects to be prepared : 15 2 20 
 
 Exempt Class: 
 
 Appointments limited to positions 
 
 specifically named in 5 4 13 
 
 Appointments may be made without ex- 
 amination 5 4 
 
 Positions included in 5 
 
 Positions to be specifically named in rules.. 5 4 13 
 
 Reinstatement to competitive class after 
 
 service in 31 2 36 
 
 Schedule "A" designates 6 14 
 
 Schedule of positions in 46 
 
 Exemptions from Examinations: 
 
 Competitive class, exceptional qualifica- 
 tions 16 22 
 
 Emergency employment 24 30 
 
 Exempt class 5 4 13 
 
 Experts and assistants employed by 
 
 Commission 15 8 21 
 
 "Season Positions," unless otherwise 
 
 specified 23 4 
 
 Special patrolmen 25 30 
 
 Fire Department: 
 
 Age requirements 11 1 18 
 
 Applications for firemen 11 18 
 
 Applications other than firemen 12 19 
 
 Appointments of firemen and drivers to 
 
 permanent positions 26 2 
 
 Designation to "Substitute Corps" 26 1 31 
 
 Physical requirements 11 18 
 
 Table of height and weight 11 4 
 
 Fraud, attempt to practice 13 19 
 
 Grade, term defined 1 5 
 
 Group, term defined 1 4 
 
 Head of the department, term defined 1 3 11 
 
 Hospital service, waiving residence and citi- 
 zenship in 14 20 
 
 Labor Class: 
 
 Applications for employment in 34 3 38 
 
 Applications (see Applications for Regis- 
 tration in Labor Class) 
 
 Appointments in, after qualification 34 2 
 
 Divisions in, defined 34 1 38 
 
 Laborer, term defined 1 7 
 
 Positions included in 8 14 
 
 Qualifications for appointment to 34 3 
 
 Registration, limit of time for 34 6 39 
 
 82
 
 INDEX 
 
 Rule Page 
 
 Re-registration, notice of, failure to 34 6 39 
 
 Residence and citizenship, waiving of 34 3 39 
 
 Schedule "D" designates 4 13 
 
 Schedule of positions in 51 
 
 Transfers in 30 2 35 
 
 Unskilled laborer, term defined 1 7 12 
 
 Veterans entitled to preference 35 40 
 
 Laborer, term denned 1 7 12 
 
 Leave of Absence: 
 
 Granting of, limit of time for 32 37 
 
 Reinstatement after expiration of, not 
 
 allowed 32 37 
 
 To be reported by appointing officer 37 (j) 43 
 
 Non-Competitive Class 7 14 
 
 Applications for examinations in, must 
 
 show 9 15 
 
 Applications (see Applications for Ex- 
 aminations; Competitive Class and 
 Non-Competitive Class) 
 
 Appointments to positions in 33 1 37 
 
 Examinations, character of 33 2 37 
 
 Positions included in 7 14 
 
 Schedule "C" designates 4 13 
 
 Schedule of positions in 48 
 
 Transfers in 30 2 35 
 
 Officer, appointing, term defined 1 2 11 
 
 Payrolls, Estimates and Accounts: 
 
 Certificate of Commission required on all.. 39 1 43 
 Certificate required from heads of offices, 
 
 etc 40 1 44 
 
 Disbursing officers, duties defined 39 1, 2 43, 44 
 
 Form and manner of 40 1, 3 44, 45 
 
 Form of certificate to be attached by 
 
 Commission 40 4 45 
 
 Must be compared with official roster 40 4 45 
 
 Physical Requirements: 
 
 Competitive and non-competitive classes.. 9 2 15 
 
 Fire Department other than firemen 12 19 
 
 Firemen 11 18 
 
 Patrolmen 10 17 
 
 Police Department other than patrolmen.. 12 19 
 
 Labor Class 34 3 38 
 
 Whenever of essential importance 15 5 21 
 
 Police Department: 
 
 Age requirements 10 1 17 
 
 Applications for patrolmen 10 17 
 
 Applications other than patrolmen 12 19 
 
 Desk Sergeants, permanent appointment 
 
 of 27 2 31 
 
 Permanent Substitute Desk Sergeants, 
 
 designation of 27 1 31 
 
 Physical requirements 10 17 
 
 Special patrolmen 25 30 
 
 83
 
 INDEX 
 
 Rule Page 
 
 Table of height and weight 10 4 17 
 
 Preference to be given honorably dis- 
 charged soldiers, sailors and marines.. 35 40 
 
 President of Commission, election of 2 12 
 
 Probationary Term: 
 
 Additional to other required tests 28 
 
 May be discharged during 28 33 
 
 Temporary service not to be counted as 
 
 part of 22 3 28 
 
 Term of probation, length of 28 
 
 Veterans not required to serve 28 33 
 
 Promotion: 
 
 Applications, not more than three filed ....29 5 34 
 
 Competitive class, vacancies to be filled 
 
 by 29 33 
 
 Eligible list, certification from 29 6 35 
 
 Eligibility for, what constitutes 29 4 
 
 Examinations, conduct of 29 6 35 
 
 Examinations, notice to be posted..... 29 5 34 
 
 Length of service necessary to be eligible 
 
 for 29 4 34 
 
 Not more than three persons eligible for.... 29 5 34 
 
 Original appointment not allowed when 
 
 promotion is practicable 29 1 33 
 
 Salary or compensation, increase in 
 
 deemed 29 2 
 
 Seniority to be considered 29 3 
 
 To be reported by appointing officer 37 (g) 42 
 
 Provisional Appointments : 
 
 Applications, less than three filed 21 2 
 
 Limit of, successive not to be made 21 1 27 
 
 May be made permanent 21 2 28 
 
 Not to continue more than ten days 
 
 after notice of list 21 1 
 
 When list contains less than three names..21 1 27 
 
 When there is no list 21 1 27 
 
 Reinstatement : 
 
 Competitive class, after service in ex- 
 empt class or unclassified service 31 2 36 
 
 Leave of absence, not eligible for' after 
 
 expiration 32 37 
 
 Limit of time for 31 1 35 
 
 Must have acquired position as a result 
 
 of examination 31 3 36 
 
 Restrictions upon 31 1, 3 35, 36 
 
 To be reported by appointing officer 37 (i) 43 
 
 Residence and Citizenship: 
 
 Competitive and non-competitive classes, 
 
 requirements in 9 1 15 
 
 Labor class, requirements, waiving of 
 
 restrictions 34 3 39 
 
 Restrictions as to, may be waived 14 20 
 
 84
 
 INDEX 
 
 Rule Page 
 
 Roster: 
 
 Must be kept in office of Commission 38 43 
 
 Payrolls to be compared with 40 4 45 
 
 What it must contain 38 43 
 
 Schedules: 
 
 Competitive Class, Schedule "B," posi- 
 tions included in 6 14 
 
 Exempt Class, Schedule "A," positions in.. 46 
 
 Labor Class, Schedule "D," positions in.... 51 
 
 Non-Competitive Class, Schedule "C," 
 
 positions in 48 
 
 Season Positions: 
 
 Additional appointments, how made 23 3, 4 29 
 
 Appointments may be made without 
 
 examination 23 4 29 
 
 Definition of 23 1 29 
 
 Re-employment; in the next ensuing 
 
 year 23 2 29 
 
 Secretary to Commission, appointment of 2 12 
 
 Soldiers, sailors and marines entitled to 
 
 preference 35 40 
 
 Special Patrolmen: 
 
 Appointments may be made without 
 
 examination 25 30 
 
 Period of employment limited 25 30 
 
 When appointments are allowed 25 30 
 
 Suspension of rule requiring competition 16 22 
 
 (See Exemption from Examinations) 
 Temporary Employment: 
 
 Acceptance of, not to affect standing 
 
 on list 22 3 28 
 
 Not counted as part of probationary 
 
 term 22 3 28 
 
 Not to exceed one month 22 1 28 
 
 Special patrolmen 25 30 
 
 Successive not to be made 22 2 28 
 
 Terms, definition of 1 11 
 
 Transfer : 
 
 Approval of Commission necessary 30 35 
 
 Labor class 30 2 35 
 
 Must have passed open competitive ex- 
 amination before 19 2 24 
 
 Non-competitive class 30 2 35 
 
 Restrictions upon 30 1 
 
 To be reported by appointing officer 37 (h) 42 
 
 Three years service in similar position 
 
 required 19 2 24 
 
 Unclassified Service: 
 
 Positions comprised in 3 12 
 
 Reinstatement in competitive class after 
 
 service in 31 2 36 
 
 Unskilled Laborer, term defined 1 7 12 
 
 85
 
 INDEX 
 
 Civil Service Law 
 
 (For Index to Rules see page 77) 
 
 Page 
 
 Annual reports of Municipal Civil Service Com- 
 mission 11 59 
 
 Applications, contents of 14 62 
 
 Appointment and removal of Municipal Civil 
 
 Service Commissioners 11 59 
 
 Appointing officers, reports of 19 66 
 
 Appointment, recommendations for, not to relate 
 
 to political affiliations 25 71 
 
 Assessments prohibited, political 26 72 
 
 Attendance of witnesses; fees; investigations 6,7,11-56,57,59 
 
 Candidates not to promise influence 27 73 
 
 Civil list, publication of, by State Commission 29 74 
 
 Civil service, denned; division of; into two classes.. 9 58 
 
 Classification of offices and positions in classified 
 
 service 12 61 
 
 Classified city service, rules for; how prescribed; 
 
 when effective 11 59 
 
 Classified service, defined; division of; into four 
 
 classes 9,1258,61 
 
 Classified state service, rules for; when effective ... 10 58 
 
 Compensation of persons appointed contrary to 
 
 law, to be paid by appointing officer 8 57 
 
 Compensation of veterans reinstated by order of 
 
 the Courts 23 70 
 
 Competitive class, defined; appointments in; 
 
 eligible lists 14, 16-62,65 
 
 Competitive examination, exemptions from, 
 
 limited, exceptional qualifications 15 64 
 
 Definition of terms 2 53 
 
 Disbursing officers; duties of; payrolls; estimates 
 
 and accounts 20 67 
 
 Duties of public officers 8 
 
 Eligible lists, appointments from, how made 14,16-62,65 
 
 Employee, public, defined 27 
 
 Employees of the State Commission; Salaries of.... 4 55 
 
 Examinations in city service, character of 11,14-59,62 
 
 Examination, exemptions from competitive, 
 
 limited, exceptional qualifications 15 64 
 
 Examination, impersonation in, a misdemeanor 24 71 
 
 Examination, misdemeanor to obstruct right of 24 71 
 
 Examination pamphlet, publication of 29 74 
 
 Exempt class, defined; appointments without 
 
 examination 13 61 
 
 Exemptions from competitive examinations, 
 
 limited, exceptional qualifications 15 64 
 
 False representation concerning examinations, a 
 
 misdemeanor 24 71 
 
 86
 
 INDEX 
 
 Page 
 
 Fees, payment of to witnesses in investigations 7 57 
 
 Impersonation in examinations, a misdemeanor 24 71 
 
 Influence, officers and candidates not to promise....! 27 73 
 
 Investigations, power of State and Municipal 
 
 Commissions to make 6,11 56,59 
 
 Labor class in cities, defined; preference in em- 
 ployment 18 65 
 
 Misdemeanor to obstruct right of examination 24 71 
 
 Municipal Civil Service Commission, appoint- 
 ment and removal of 11 59 
 
 Municipal Civil Service Commission, power of, 
 
 to make investigations 6,11 56,59 
 
 Non-competitive class, defined; appointments to 
 
 positions in 17 65 
 
 Officers and employees of the State Commission....! 4 55 
 
 Officers, disbursing, duties of; payrolls, estimates 
 
 and accounts 20 67 
 
 Officers or candidates not to promise influence 27 73 
 
 Officer, public, defined ; not to use official au- 
 thority and influence 27 73 
 
 Official roster; what it must show; to be kept in 
 
 offices of State and Municipal Commissions.... 19 66 
 
 Pensions, retiring veterans of the late civil war, 
 
 sum to be paid 21a 69 
 
 Political affiliations of Municipal Civil Service 
 
 Commissioners 11 59 
 
 Political assessments, prohibited, a misdemeanor.... 26 72 
 
 Political opinions or affiliations not to affect ap- 
 pointments or removals 25 71' 
 
 Power of removal limited; soldiers, sailors and 
 
 marines; volunteer firemen 22 69 
 
 Powers and duties of State Commission 6,11 56,59 
 
 Power to make investigations, State and Munici- 
 pal Commissions 6,11 56,59 
 
 Promotion; all vacancies to be filled by, as far as 
 
 practicable 16 65 
 
 Promotion, recommendations for shall not relate 
 
 to political affiliations 25 71 
 
 Preference allowed honorably discharged soldiers, 
 
 sailors and marines 21 68 
 
 Public employee, defined; attempt to influence; 
 
 bribery 27 73 
 
 Public officer, defined, not to use official authority 
 
 to influence 27 73 
 
 Public officers, duties of; must aid in enforcing 
 
 law. 8 57 
 
 Publication of examination pamphlet and civil 
 
 list by State Commission 29 74 
 
 Recommendations for appointment or promotion 
 
 shall not relate to political affiliations 25 71 
 
 Reduction; must be authorized by the Commission.. 16 65 
 
 Reinstatement; must be authorized by Commission 16 65 
 
 87
 
 INDEX 
 
 Page 
 
 Removal and appointment of Municipal Civil 
 
 Service Commissioners 11 59 
 
 Removal limited, power of 22 69 
 
 Removals, not to be influenced by political affilia- 
 tions 25 71 
 
 Reports of appointing officers; contents of 19 66 
 
 Retiring veterans and granting them pensions; 
 
 sum to be paid 21a 69 
 
 Roster, official; what must be entered thereon 19 66 
 
 Rules of Municipal Civil Service Commissions, 
 
 when effective 11 59 
 
 Rules for the classified state service; when effec- 
 tive 10 58 
 
 Short title; defined; "Civil Service Law" 1 53 
 
 Soldiers, sailors, marines and volunteer firemen; 
 
 entitled to preference 21 68 
 
 State Civil Service Commission; what constitutes; 
 
 salaries 3 54 
 
 Taxpayers action, to restrain payment of salary 
 
 or compensation 28 73 
 
 Transfers; must be authorized by Commission 16 65 
 
 Vacancies in competitive class to be filled by pro- 
 motion 16 65 
 
 Unclassified service, defined ; positions comprised 
 
 in 9 58 
 
 88
 
 LIBRARY 
 PUBLIC AFFAIRS SERVICE 
 
 JUN 5 1980 
 
 UNIVERSITY Of CALIhORNlA 
 LOS ANGELES