CIVIL SERVICE LAW AND STATE CIVIL SERVICE RULES AND REGULATIONS AS AMENDED TO MAY 10, 1910 Published by the State Civil Service Commission ALBANY J. B. LYON COMPANY, STATE PRINTERS 1910 COMMISSIONERS Charles F. Milliken, President Canandaigua. John E. Kraft Kingston. Roscoe C. E. Brown New York. John C. Birdseye Secretary. Ha.rold N. Saxton Chief Examiner. 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 con- solidated laws. CHAPTER SEVEN OF THE CONSOLIDATED LAWS. CIVIL SERVICE LAW. Article 1. Short title; definitions (§§ 1, 2). 2. General provisions (§§ 3-28). 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 Laws repealed; when to take effect (§§ 60, 61 ARTICLE 1.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. 4 ARTICLE 2. General Provisions. Section 3. State civil service commission. 4. Officers and employees of tlie 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. 1G. 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 representa- tion; impersonation in examination. 25. Recommendations for appointment or promotion. 26. Political assessments prohibited. 27. Officers or candidates not to promise influence; “public officer” and “ public employee ” defined. 28. Taxpayer’s action. § 3. State civil service commission. — The governor is authorized to ap- point, by and with the advice and consent of the senate, three persons, not more than two of whom shall be adherents of the same political party, as civil serv- ice commissioners, and said three commissioners shall constitute the state civil service commission. They shall hold no other official place under the state of New York. The governor may remove any commissioner, and any vacancy in the position of commissioner shall be so filled by the governor, by and with the advice and consent of the senate, as to conform to said conditions for the first selection of commissioners. The three commissioners shall each receive a salary of three thousand dollars a year, and each of said com- missioners shall be paid his necessary traveling expenses incurred in th*» discharge of his duty as a commissioner. § 4. Officers and employees of the commission. — The commission may 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 com- mission, 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 consulting 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 acually rendered, in addition to the regular service required in the department or office where they are regularly employed. The com- pensation of examiners shall not exceed five dollars per day, except in the 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. § 5. Rooms and accommodations.- — It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommoda- tions to be assigned or provided, and to be 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 commission or its rules to be held, to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, 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 investiga- tions 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. 5. Make an annual report to the governor for transmission to the legis- lature, 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 one 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 en- titled 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 to 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 com- mission. § 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 wavs in carrying into effect the pro- visions of this chapter, and the rules and regulations prescribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appoint- ment, 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 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. 7 § 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 un- classified service and the classified service. The unclassified service shall com- prise 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, honorably 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 commission shall from time to time make rules for the classification of the offices, places and em- ployments in the classified service of the state, and from time to time rules for the classification of the offices, places anid 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 pro- visions 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 ap- pointing 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 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, Bing- hamton, Buffalo, Dunkirk, Elmira, Geneva, Hornell, Ithaca, Jamestown, Johns- town, Kingston, Lockport, Malone, Middletown, Newburgh, New York, Ogdensburg, Olean, Oneonta, Oswego, Plattsburg, Poughkeepsie, Rochester, Saratoga, Syracuse, Utica and Watertown; and shall cover in each place all offices and positions for which competitive examinations are required, ex- cept 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 prescribe, 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 pro- 8 visions 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 manner 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 pre- scribed 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 contin ue in effect only up, on the approval of the mayor of the city and of the state civil service com- / misEiom -'--The authority by this section comerrcd snail not be so exercised as/ to take from any policeman or fireman any right or benefit conferred by| law, or existing under any lawful regulation 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 in 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 pro- visions of this chapter and of said rules, the municipal commission of any city shall make regulations for and have control of examinations and registra- tions for the service of such city, and shall supervise and preserve the records of the same. In case for any reason, the mayor of any city within sixty days after he has the power to appoint, fails to appoint such municipal com- missioners, 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 appointment, 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 adminis- ( tration in such city, and of such other matters as said commission may re- quire, and annually on or before the fifteenth day of January, to make such a report of 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 trans- mitted to the state commission with the annual report aforesaid, and shall be filed in the office of said commission as a public record. The mayor may / at any time remove any municipal civil service commissioner appointed by V him. Said state commission may also, by unanimous vote of the three com- missioners, 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, 9 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 opportunty to make a personal explanation in self-defense. Whenever a municipal civil service commissioner has been removed by the unanimous vote of the 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 com- mission 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 commissioners of such city until the expiration of the term of the mayor then in office and untif 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 concerned to make a personal explana- tion and to file papers in opposition to such action. The said state commis- sion, however, shall not take such action upon any ground other than that the provisions or purposes of this chapter are not properly or sufficiently 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 examina- tion any position or place or employment in any city without the consent of the municipal commission of such city. § 12. Classification. — The offices and positions in the classified 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 gen- erally for and in place of their principals; 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 sub- 10 ordinate offices for tlie filling of which competitive or non-competitive examina- tion 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 specifically mentioned in such rules. Appointments to positions in the exempt class may be made without examination. § 14. The competitive class. — The competitive class shall include all posi- tions for which it is practicable to determine the merit and fitness of appli- cants by competitive examination, and shall include all positions now exist- ing, 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. Appoint- ments shall be made to or employment shall be given in all positions in the competitive class tnat are not filled by promotion, reinstatement, transfer or reduction under the provisions of 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 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. 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 including such locality. The examinations 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 dis- charge 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 its 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 examination, a formal application in which the applicant shall state under oath : 1. His full name, residence and post-office address. 2. His age, 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. 5. His business or employment, and residence for at least the previous five years. 11 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, physi- cians, 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 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 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 examination, or in securing his eligibility or appointment. When the position to be filled involves fiduciary responsibility, the appointing officer, where permitted by law, may require the appointee to furnish a bond or other security and shall notify the state or municipal commission of the amount and necessary details thereof. § 15. Exemptions from competitive examination. — Positions in the com- petitive 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 commission 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 1 vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue for a longer period than two months, nor shall successive temporary appointments be made to the same position under this subdivision. 2. In case of a vacancy in a position in the competitive class where peculiar and exceptional qualifications of a scientific, professional or educational char- acter 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 state service 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 temporary service any person on the proper list of those eligible for a per- manent appointment without regard to his standing on such list. ^ ■ \ 12 § 16. Promotion; transfer; reinstatement; reduction. — Vacancies in posi- tions in the competitive class shall be filled, so far as practicable, by pro- motion from among persons holding positions in a lower grade in the depart- ment, 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 j*Hfh office or position is classified, shall be deemed a promotion. No pro- /motion, transfer or reinstatement shall be made from a position in one class It o a position in another class unless the same be specially authorized by the I 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 cWthe 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 competitive class. Appointments to posi- tions 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 com- petitive 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 institution extends to separate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for registra- tion for the labor service to furnish such evidence or pass such examination as they may deem proper with respect to his age, residence, physical con- dition, ability to labor, skill, capacity and experience in the trade or employ- ment 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 olficer 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 13 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 service, 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 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 con- nection 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 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 comptroller 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 disbursing officer of the state or of such civil division or city thereof, to pay any salary or com- pensation 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 commission, 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 com- missions to issue such certificate. Any sums paid contrary to the provisions "'S of this section may be recovered from any officer or officers making such / 14 appointment in contravention of the provisions of law and of the rules made in pursuance of law, or any officer signing or countersigning, 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.) § 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 pro- motion may be made to all competitive and non-competitive 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 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, prepared under authority of this chapter shall contain the names of honorably dis- charged soldiers, sailors and marines entitled to preference as aforesaid any reference in this chapter or in the rules 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 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. 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 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. § 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 appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof who is an honorably dis- charged 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 Union army or navy of the United States during the late war with Spain or the incidental insurrec- tion 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 depart- ment 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 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 compensation 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 competitive examination, shall be removed until he has been allowed an opportunity of making an explanation; and in every case of removal 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 hereinbefore 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 commission 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 reinstate- ment or re-employment in the order of their original appointment before making certification from 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 relinquishment 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 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 16 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 employment was held by him, the same compensation therefor from the date of such unlawful removal to the date of his said restoration 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 employment, shall 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 commissioner, or examiner, or any other person who shall wilfully by himself or in co-operation with other per- sons, 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 repre- sentations 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 examined, registered or certified, or who shall personate any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration, or application or request to be examined or registered, shall for each ofi'ense be deemed guilty of a misdemeanor. § 25. Recommendations for appointment or promotion. — No recommenda- tion or question under the authority of this chapter 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 in- fluenced 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 withholding or neglecting to make any contribution of money or service 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. 17 § 26. Political assessments prohibited. — No officer, agent, clerk or em- ployee under the government of the state of New York or any civil division or city thereof shall, directly or indirectly, use his authority or official in- fluence 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 col- lecting 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 contribution with the intent that the same shall be sent or presented to or collected of any officer, agent or employee subject to the provisions of this chapter, under the govern- ment 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 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 ” defined. — 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 in- directly, any official authority or influence, whether then possessed or merely anticipated, in the way of conferring upon any person, or in order to secure or aid any person in securing any office or public employment, or any nomina- tion, 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 consideration, 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 convic- tion 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 IS 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. — - The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, or place or employment in violation of any of the provisions of this chapter, shall not be 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 judg- ment 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. 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 probihited. 44. Temporary service. 45. Appointments and promotions. § 40. Application. — The provisions of this article shall apply to all clerks, bookkeepers, stenographers, copyists, messengers and other employees whose duties are of a clerical character in all the state departments, bureaus, com- missions 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 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 eighty 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 hun- dred dollars; tenth grade, twenty-four hundred dollars 19 § 43. Extra salary or compensation prohibited. — No person holding a posi- tion or employed in any department, bureau, commission 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, commissions or offices which have been granted an appropriation for temporary clerical serv- ice, 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 appointment to the posi- tion 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 he filled by original appointment of a person not in the service, if there is employed in the same office or department 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 grade 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. 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 the schedule hereto an- nexed, that portion specified in the last column is hereby repealed. § 61. When to take effect. — This chapter shall take effect immediately. Laws of 1883. . . 1884. . . 1884. . . 1884. . . 1886. . . 1887. . . 1888. . . 1890. . . 1892. . . 1894. . . 1894. . . 1894. . . Schedule of Laws Repealed. Chapter 354 312 357 410 29 464 119 67 577 354 681 716 Section . All. . All. . All. . All. All. . All. . All. . All. . All. . All. . All. All. 20 Laws of 1894. . . 1895 . . 1896. . . 1897. . . 1898. . . 1898. . . 1899. . . 1900. . . 1900-. . . 1900. . . 1901. . . 1901 . . . 1902. . . 1902. . . 1904. . . 1904. . . Chapter 717. . . 344. . . 821. . . 428. . 184. . . 186. . . . 370.. 66 . . 195.. 675. . , 521.. 533 . . 270. . 355 . . 637.. 697.. (Became a law February 17, 1909.) Section . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. . All. CONSTITUTIONAL PROVISION. Article V, Section 9. * * * 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 practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honorably discharged soldiers and sail- ors 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. Laws shall be made to provide for the enforcement of this section. 21 STATE CIVIL SERVICE RULES. State of New York State Civil Service Commission Albany, June 30, 1909. In compliance with the provisions of section 9 of article V of the consti- tution, and of chapter 15 of the Laws of 1909 of the State of New York, the State Civil Service Commission hereby prescribes the following rules for the regulation of the classified civil service of the State of New York, to take effect and have the force of law, revoking all other rules to that end, when approved by the governor. CHARLES F. MILLIKEN, JOHN E. KRAFT, ROSCOE C. E. BROWN, State Civil Service Commissioners. Rule I. Definition of Terms. The several terms hereinafter mentioned, whenever used in these rules or in any regulations thereunder, shall be construed as follows: 1. Chapter 15 of the Laws of 1909 sha-ll be known as the “ Civil Service Law.” 2. The term “ commission ” or “ state commission ” means the state civil service commission. 3. The term “ municipal commission ” means the municipal civil service commission of a city. 4. The “ civil service ” of the state of New York or any of its civil divi- sions 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 XI of the constitution. 5. 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. 6. The “ city service ” shall include such positions in the service of any city. 7. 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. 8. The term “ class ” refers to the divisions of the classified civil service based upon the distinctive methods of appointment to the positions com- prehended therein. 9. 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. 10 . The term “ subdivision ” refers to the divisions of positions in a group more specially arranged according to details for the purpose of examinations, identical in whole or in part. 11 . The term “grade” refers to the divisions of any group or subdivision upon the basis of salary or compensation received. 22 12. The word “ compensation ” shall be construed as the annual salary of the position 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, and such rate of commutation shall be fixed by regulation of the commission. 13. The term “ veterans ” refers to honorably discharged soldiers and sail- ors from the army and navy of the United States, in the late civil war, who are citizens and residents of this state. 14. The terms “ laborer ” and “ unskilled laborer ” are used synonymously and shall be construed as applying only to persons employed as ordinary laborers, and shall net include mechanics, artisans, tradesmen and other skilled laborers, and no person shall be deemed a “ laborer ” who receives a compensation greater than two dollars for each day of actual service or sixty dollars per month, unless facts relating to the work done by such per- son are presented to the commission showing that such work is that of an ordinary unskilled laborer. 15. The masculine pronoun “ he ” and its derivatives shall include the feminine pronoun “ she ” and its derivatives. 10. Whenever in these rules there is a direction that the commission shall report any matter to the legislature it shall be construed as referring to the next ensuing annual report of the commission to the legislature, as required by law. Rule II. General Provisions. 1. The violation of any of the provisions of the civil service law or of these rules by any person in the civil service of the state or of any civil division or city thereof shall be considered a good cause for the dismissal of such person from the service. 2. No person in the civil service of the state or of any civil division or city thereof shall use his official authority or influence to coerce the political action of any person or body; or shall dismiss or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of, any person in such service, because of his political opinions or affiliations. 3. No question in any examination, or form of application or other pro- ceeding by or under the state commission or any municipal commission or their examiners shall be so framed as to elicit information concerning, nor any other attempt be made to ascertain the political opinions or affiliations of any applicant, competitor or eligible, and all disclosures thereof shall be discountenanced by the commission and its examiners, and no discrimination shall be exercised, threatened or promised against or in favor of any appli- cant, competitor or eligible, because of his political opinions or affiliations. 4. No recommendation of an applicant, competitor or eligible involving any disclosure of his political opinions or affiliations shall be received, filed or considered by the commission, by an examining board, or by any nominating or appointing officer. 5. No appointment or selection to or removal from an office or employ- ment within the scope of any rules established under the civil service law shall be in any manner affected or influenced by any political opinions or affiliations. 23 6. No person in the civil service of the state or of any civil division or city thereof shall be obliged to contribute to any political fund or to render any political service; nor shall any such person, directly or indirectly, use his authority or official influence to compel or induce any other person in such service to pay or promise to pay any political assessment, subscription or contribution. 7. In making removals or reductions, or in imposing penalties for delin- quency or misconduct, in the state service or city service penalties like in character shall be imposed for like offenses and action thereon shall be taken irrespective of the political opinions or affiliations of the offenders. Rule III. Classification of the State Service. 1. The civil service of the state and of each of its civil divisions shall be divided into the unclassified service and the classified service. 2. The unclassified service shall comprise all elective offices; all offices filled by election or appointment by the legislature on joint ballot; all per- sons appointed by name in any statute; all legislative officers and employes; all offices filled by appointment by the governor, either upon or without con- firmation by the senate, except officers and employes 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 superin- tendents, principals or teachers in a public school or academy or in a state normal school or college. 3. The classified service shall comprise all positions not included in the unclassified service and shall be arranged in three classes; the exempt class, the competitive class, and the non-competitive class. 4. The classification by or under these rules in the competitive class of any position previously exempt from examination or subject to non-competitive examination shall not be deemed to confer upon the persons holding such position at the time of such change in classification any right or privilege of transfer or promotion to a position in the competitive class under these rules, except as permitted by sections 14 and 16 of the civil service law. 5. If at the time of promulgation of these rules there are in any office, department or institution more persons holding any position classified hereby in the exempt class than the number specified in such class by these rules, no further appointments shall be made under such exemption until the num- ber of such persons in the service in said position shall have fallen below the number so specified. Rule IV. Appointments to and Employment in the Classified Service. 1. In pursuance of the provisions of section 9 of article V of the consti- tution and of the civil service law there shall be provided, to ascertain merit and fitness for admission to the classified service, examinations to be made under the general direction of the commission. 2. No person shall be appointed to or employed in any position in the classified service of the state or of any city or political division thereof for which rules have been prescribed pursuant to the provisions of the civil service law until he has passed an examination, or is shown to be especially exempted from such examination, in accordance with such rules and the provisions of the civil service law. 3. No person shall be appointed or employed under any title not appro- priate 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 ex- amination, unless he shall have previously passed an open competitive exam- ination equivalent to that required for such position, or unless he shall have served with fidelity in a similar position for at least three years. 4. 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 including such locality. 5. Appointments to positions in the service of any county or village to which the provisions of these rules apply shall be made from residents of such county or village, provided that such requirement as to residence may be specially suspended by the commission as to any position requiring high professional, scientific or technical qualifications, or in cases where through low compensation for services such requirement is disadvantageous to the public interests, but all such cases, whether of individuals or groups, with the reasons therefor, shall be reported to the legislature. (As amended April 16, 1910.) Rule V. 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. 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. All unskilled laborers and such skilled laborers as are not included in the competitive class or the non-competitive class. 5. All such other subordinate positions as the commission may deem it impracticable to fill by competitive or non-competitive examinations. No office or position shall be deemed to be in the exempt class unless it is specifically named in this rule, nor shall more than one appointment be made to or under the title of any such office or position, unless a different number is specifically mentioned in this rule. POSITIONS IN THE EXEMPT CLASS. STATE SERVICE. Ill the office of the Governor: The sectretary to the governor; the military secretary; counsel; the pardon clerk; the appointment clerk; the executive stenographer. In the office of the Secretary of State: The deputy; the chief clerk; the stenographer to the secretary; the cashier and bookkeeper; the confidential clerk; one assistant to the first deputy secretary of state; one confidenial stenographer to the first deputy secretary of state. In the office of the Comptroller: The deputy; private secretary to the comptroller; the stenographer to the comptroller; the confidential stenographer to the deputy comp- troller; one corporation tax commissioner; two special corporation tax commissioners; chief clerk, stock transfer tax bureau; thirteen examin- ers of transfers of stock; the state prison lands agent; the custodian of the Saratoga battle monument; the custodian of the Lake George battle ground, being the New York state historical society. (As amended December 3, 1909; February 9, 1910’; May 2, 1910.) In the office of the Treasurer: The deputy; the cashier; one confidential clerk. In the office of the Attorney-General: Fourteen deputies, provided that the salary of each shall be three thou- sand dollars or more per annum (as amended July 15, 1909; October 8, 1909) ; one confidential clerk; the stenographer to the attorney- general ; the confidential messenger, the private secretary ; confiden- tial stenographer in the New York City bureau; confidential mes- senger in the New York City bureau; one investigator of claims for the court of claims. In the office of the State Engineer and Surveyor: The deputy; one special deputy, one confidential assistant; three division engineers ; one financial clerk for each of the division engineers ; one recording clerk acting as confidential clerk; the stenographer to the state engineer; one financial clerk and auditor. In the office of the Barge Canal Terminal Commission: The secretary (classified October 8, 1909). In the Department of Highways: The secretary; the first deputy; the second deputy; one auditor; one financial clerk; one secretary to each commissioner. In the office of the State Architect: One private secretary; the deputy. In the Insurance Department: Three deputy superintendents; four appraisers; the cashier and tax clerk; one private secretary and confidential stenographer; the counsel. In the Banking Department : First deputy superintendent; second deputy superintendent; third deputy superintendent; the confidential clerk and financial clerk and private secretary; the stenographer to the superintendent; four con- fidential examiners ; one confidential stenographer in the New York office. In the Education Department: Three assistant commissioners; five conductors of institutes; four insti- v tute instructors; the secretary to the commissioner; the confidential I stenographer; the honorary university examiners; the medical exam- ; iners; secretary of the state board of medical examiners; chief of l division of administration. In each State Prison: The agent and warden; all chaplains; the clerk; the assistant clerk. In the Prison Department: The electrician and his assistant for the purpose of electrocution; warden’s confidential clerk, Sing Sing prison; one confidential agent (classified September 20, 1909). In the Court of Appeals: All positions in the court of appeals, including all places to which ap- pointments are made by the clerk of the court of appeals, except crier and messenger. In the office of the State Reporter for the Court of Appeals : One assistant state reporter ; one confidential law stenographer. In the office of the Prison Commission: The secreta-ry. In the Department of Excise: The deputy and thirteen special deputy commissioners; second deputy commissioner; one detective; the secretary to the commissioner; one confidential clerk ; the financial clerk ; one auditor : one property clerk and purchasing agent; one bank messenger; one cashier in the Albany office; the cashier in the office of the special deputy commissioner at Buffalo, Brooklyn, New York and Long Island City; the confidential clerk in the office of the special deputy commissioner at Buffalo; the confidential clerk in the office of the special deputy commissioner for the Borough of Brooklyn, the confidential clerk in the office of the special deputy commissioner for the Boroughs of Manhattan and The Bronx; eleven attorneys; one watchman in the New York office of the department, employed annually for a period of sixty days between September first and December first. 27 In the Department of Public Works: The deputy superintendent; three assistant superintendents; the super- intendent of repairs for each section; the disbursing clerk to each section superintendent; the private secretary; the financial clerk; one special agent whose appointment is provided for by section 270 of the Code of Civil Procedure; one advisory engineer; one paymaster. In the office of the State Board of Charities: The secretary. In the office of the Public Service Commission for the First District: The secretary to the commission ; secretary to the chairman of the com- mission ; assistant secretary to the commission; four secretaries to the commissioners; one chief engineer; one deputy engineer of subway construction; six division engineers; two general inspectors; one prin- cipal assistant engineer; auditor of accounts; the counsel; six assistant counsel; secretary to the counsel; confidential stenographer to the counsel ; secretary of the bureau of gas and electricity inspection ; one electrical engineer ; one assistant electrical engineer ; chief statistician ; the confidential stenographer to each commissioner ; engineer of subway construction; chief gas engineer; one transportation engineer (classi- fied August 17, 1909). In the office of the Public Service Commission for the Second District: The secretary to the commission ; secretary to the chairman of the com- mission ; four secretaries to the commissioners ; the counsel ; one assistant counsel (as amended December 3, 1909) ; chief of division of light, heat and power ; engineer of division of light, heat and power ; chief of division of traffic; two inspectors, division of transportation; statistician, chief of division of tariffs ; the confidential stenographer to the chairman of the commission ; the assistant secretary. In the office of the Probation Commission : The secretary. In the Department of Public Buildings: The superintendent; the deputy superintendent; the paymaster; the custodian of the senate committee rooms; the custodian of assembly property. In the office of the Board of Trustees of Public Buildings: The clerk of the works for the construction of the new state education building. In the office of the Fiscal Supervisor of State Charities: One deputy; the chief clerk; one inspector of buildings, heating and lighting (as amended October 21, 1909). In the office of the State Commission in Lunacy: The secretary; one chief examiner and two assistant examiners for the examination of insane, idiotic, imbecile and epileptic immigrants. 28 In each State Hospital and Charitable Institution: All chaplains; the attorney for each state hospital; the treasurer for each state charitable institution. In the Department of Health: The secretary; the medical expert on contagious diseases; director of the cancer laboratory. In the Department of Labor: First deputy commissioner and factory inspector; second deputy com missioner and chief mediator ; one mediator of industrial disputes ; one confidential clerk; assistant factory inspector; assistant deputy com- missioner and counsel; two assistant mediators; one mercantile in- spector; one confidential agent (classified August 17, 1909). In the office of the Forest, Fish and Game Commission : The deputy commissioner; the secretary; one auditor of fire accounts (as amended July 15, 1909) ; one superintendent of marine fisheries; con- fidential secretary to the superintendent of marine fisheries; the chief game protector; four attorneys; one deputy superintendent of marine fisheries; one confidential secretary to the commissioner; four superin- tendents of fires (classified July 15, 1909). In the office of the Commissioner of Agriculture: One assistant commissioner; one detective; one confidential clerk; one confidential agent. In the office of the Commission of Immigration : The secretary. In the office of the Board of Tax Commissioners: The secretary; two expert examiners of special franchises; one confiden- tial appraiser, seven confidential special agents (as amended July 15, 1909). In the office of the Commissioners of the State Reservation at Niagara: The secretary and treasurer; one police superintendent. In the Agricultural Experiment Station at Geneva: The director. In the New York State Reformatory and the Eastern New York Reformatory: The superintendent of reformatories; all chaplains, the parole agent (New York Prison Association). In the New York State Training School for Girls at Hudson: The superintendent. In the State Agricultural and Industrial School : All chaplains; one custodian to be employed at the Rochester plant pending final disposition of the property. 29 In the Craig Colony at Sonyea: One agent who shall also be the treasurer. In the office of the Superintendent of the Onondaga Salt Springs: The deputy superintendent. In the office of the Health Officer for the Port of New York: All officers and other persons employed upon boats and tugs or in the quarantine stations. In the office of the Board of Port Wardens: The secretary; the collector. In the office of the State Water Supply Commission: The secretary; one consulting engineer. In the Soldiers and Sailors’ Home at Bath: The commandant; secretary to the board of trustees; one cashier. In the office of the Commission on New Prisons: The secretary. In the office of the State Fair Commission: The superintendent of grounds and buildings; the secretary; the treas- urer; the superintendent of racing department; secretary of the horse show. In the office of the Racing Commission : The secretary; the counsel. In the office of the Commissioners of the Land Office : Three appraisers. In the office of the Board of Statutory Consolidation: Secretary to the board. In each Normal School : The clerk to the principal. In the office of the Hudson-Fulton Celebration Commission: The assistant secretary. In the office of the Interstate Bridge Commission: The secretary; the counsel. In the office of the New York Charter Commission: One counsel; four assistant counsel; one secretary to the counsel; one clerk or secretary to the commission. In the office of the Board of Commissioners of the Fire Island State Park: The secretary and treasurer. 30 In the office of the Commission to Select a Site for the New York State Training School for Boys: The secretary. In the office of the Commission on State Farm for Women: The secretary. In the Woman’s Relief Corps Home at Oxford: All positions the appointees to which are certified to the commission to be veterans, their wives or widows, army nureses residents of New York, or members in good standing of the Woman’s Relief Corps. In the office of the State Superintendent of Elections: The chief deputy; the clerk; the stenographer; the deputies not ex- ceeding the number fixed by law; one secretary; the counsel; the field deputy. In the New York State Hospital for the Care of Crippled and Deformed Children : Two assistant surgeons, receiving no compensation; one house surgeon, receiving for additional services as steward, compensation not to ex- ceed $300 per annum. In the office of the Supreme Court Reporter: The supreme court reporter; one deputy; one secretary. In the Courts: One clerk, and one deputy clerk if authorized by law, of each court; one clerk, stenographer, attendant or other assistant to each elective ju- dicial officer. In the Supreme Court, New York County: One telephone operator in the justices’ room in the county court house; one confidential attendant; one confidential attendant or stenographer to each justice. In the Supreme Court, Kings County: One chief attendant; one typewriter operator. In the Supreme Court, Eighth Judicial District: One court attendant and telephone operator in the justices’ chambers in Erie county. In the Appellate Division Court House, New York City: One custodian; one telephone operator; one chief engineer. In the Supreme Court, Appellate Division, First Department: One confidential attendant to each justice; one confidential clerk to be appointed under Chapter 519, Laws of 1904; one crier, one consul- tation clerk and librarian (classified February 9, 1910). 31 In the Supreme Court, Appellate Division, Second Department: Two confidential attendants; two typewriter operators; one case and consultation clerk; one attendant and crier. In the Supreme Court, Appellate Division, Third Department: Two confidential attendants. In the Supreme Court, Appellate Division, Fourth Department: Two confidential attendants; one consultation clerk. In all Offices, Departments and Institutions: All unskilled laborers, and such skilled laborers as are not included in the competitive class or the non-competitive class, which are to be specially designated in the regulations prescribed by the commission. COUNTY SERVICE. All unskilled laborers, and such skilled laborers as are not included in the competitive class or the non-competitive class, which are to be specially designated in the regulations prescribed by the commission. Albany County. In the office of the Board of Supervisors: The sealer of weights and measures ; the superintendent of soldiers’ burials; the county attorney. In the County Court: One court stenographer acting as confidential clerk to county judge. In the office of the Surrogate: The clerk of the court. In the office of the District Attorney: First assistant district attorney; second assistant district attorney; one stenographer. In the office of the Sheriff : Deputy custodian of penitentiary; two chaplains (as amended July 22 , 1909 ). In the office of the County Treasurer : One deputy; one cashier and bookkeeper. In the Almshouse : One deputy superintendent of almshouse; two chaplains. In the office of the City Hall Commission : One superintendent. Chautauqua County. In the office of the County Judge : One clerk or stenographer. Z2 In the office of the County Clerk: The deputy. In the office of the Surrogate: The surrogate’s clerk; special examiner of guardians’ accounts. In the office of the Superintendent of the Poor: The matron (wife of the superintendent) ; the chaplain. In the office of the District Attorney: The assistant district attorney; one stenographer. Erie County. In the office of the Board of Supervisors: One attorney; one messenger; one burial agent for deceased soldiers. In the office of the Surrogate: The clerk of the court. In the office of the District Attorney: Six assistant district attorneys; two stenographers. In the office of the County Clerk: One deputy; six special deputies appointed to attend upon terms of court, to wit: One for each of the three Trial Terms of the Supreme Court, one each for the Equity Term and the Special Term of the Supreme Court, and one for the County Court; one cashier; one secretary. In the office of the Sheriff : One bookkeeper, acting as cashier (as amended July 22, 1909). In the office of the County Treasurer: One deputy; one cashier; one secretary. In the office of the Trustees for the City and County Hall: One secretary. In the office of the Commissioner of Jurors: One deputy. In the office of the Superintendent of the Poor: One deputy. In the Erie County Almshouse: One deputy keeper. In the Erie County Penitentiary: One deputy superintendent. In the office of the County Medical Examiner: Deputy county medical examiner; chaplains. In the office of the Commissioner of Elections: One deputy commissioner ; one secretary. Kings County. In the County Court: The chief clerk; one deputy clerk; one clerk to each judge; one warden of the grand jury. In the office of the Surrogate: The clerk of the court; one clerk or stenographer to the surrogate. In the office of the District Attorney: Ten assistant district attorneys ; one chief clerk ; one stenographer ; two county detectives. In the office of the County Clerk: One deputy as general clerk of the Supreme Court; one deputy county clerk; one assistant deputy county clerk; one secretary; the counsel; cashier. In the office of the Register : One deputy register ; one assistant deputy register ; one secretary ; the counsel ; one cashier, mortgage tax bureau. In the office of the Sheriff : The counsel; one chief clerk; one secretary; one jail warden; equity clerk; assistant clerk; one deputy sheriff assigned as attendant in the Appellate Division of the Supreme Court, Second Judicial Depart- ment (as amended July 22, 1909) ; one confidential stenographer (classified August 17, 1909). In the , office of the Commissioner of Records : One deputy; one superintendent; one secretary. Iri the office of the Commissioner of Jurors: One deputy commissioner of jurors; one secretary. Monroe County. In the office of the Board of Supervisors: The county sealer; one chaplain county buildings. In the County Court: One stenographer to grand jury; one court stenographer acting as con- fidential clerk to county judge. In the office of the Surrogate: The clerk of the court; one deputy clerk. In the office of the District Attorney: First assistant district attorney; second assistant district attorney; third assistant district attorney; first deputy assistant district attor- ney; second deputy assistant district attorney; one deputy sheriff as- signed to district attorney’s office; two stenographers. 34 In the office of the County Clerk: The deputy county clerk; the first assistant deputy county clerk; the second assistant deputy county clerk. In the office of the Commissioner of Elections: The deputy commissioner; the secretary. In the office of the Sheriff : One chaplain at jail (as amended July 22, 1909). In the office of the County Treasurer: One cashier; the deputy county treasurer (classified March 12, 1910). In the office of the Superintendent of the Poor: One deputy superintendent; the warden; one matron; two chaplains. In the Monroe County Penitentiary: The superintendent; one deputy superintendent; one overseer; two chaplains. In the office of the County Attorney: The county attorney. In the County Court House: The superintendent. Nassau County. In the office of the County Judge and Surrogate: Clerk of the surrogate’s Court; stenographer to grand jury. In the office of the County Clerk: The deputy. In the office of the District Attorney: Assistant to the district attorney; one process server or county detective In the office of the County Treasurer: The chief clerk. New York County. In the ofiice of the Surrogate: The chief clerk; the first law assistant to surrogate; the second law as- sistant to surrogate; the third law assistant to surrogate; the clerk of the court; one clerk to the surrogate; one clerk to the additional surrogate. In the office of the District Attorney: Ten assistant district attorneys; thirty-seven deputy assistant district attorneys (as amended March 12, 1910) ; one chief clerk; one sten- ographer to grand jury; one chief law stenographer; five law sten- ographers; eight process servers; two indictment clerks; one grand jury clerk; one private secretary; one confidential clerk. 35 In the office of the County Clerk: Three deputies; one cashier; one confidential clerk (secretary); one assistant special deputy of the county clerk in Trial Term, Part I (Criminal Branch) of the Supreme Court, provided, however, that such clerk shall be a deputy clerk in the Court of General Sessions of the County of New York. In the office of the Commissioner of Records: One superintendent; one secretary; one deputy. In the office of the Sheriff: The counsel ; one warden ; one cashier ; one secretary ; one confidential stenographer; one bond clerk (as amended July 22, 1909). In the office of the Regi&'ter: The deputy register; one assistant deputy register; the chief clerk; one secretary; one cashier; one special deputy register, one cashier, mort- gage tax bureau. In the office of the Public Administrator: The assistant public administrator; one agent. In the office of the Commissioner of Jurors: Two assistant commissioners of jurors; one secretary. In the Court of General Sessions: One clerk; one deputy clerk; one attendant to each judge. Niagara County. In the County and Surrogate’s Courts: Clerk of the court; stenographer to the county judge and surrogate. In the office of the District Attorney: One assistant district attorney; stenographer to the grand jury. In the office of the County Clerk: The deputy. In the office of the County Treasurer: The deputy. In the office of the Superintendent of the Poor: The matron at the almshouse (wife of superintendent) ; the physician. Oneida County. In the office of the District Attorney: The assistant district attorney; one stenographer; county detective. Appointed by the Board of Supervisors: The attorney; jail physician, Utica; jail physician, Rome. In the office of the County Clerk: The deputy. In the Surrogate’s Court: The clerk of the court. 36 In the County Court: The clerk of the court (as amended September 3, 1909). In the office of the Superintendent of the Poor: The matron (wife of the superintendent) ; chaplains. In the office of the Sheriff : Counsel to the sheriff (classified September 18, 1909). In the office of the County Treasurer: The assistant or deputy (classified October 8, 1909). The agent of the State Charities Aid Association. Coroner’s physicians. i Onondaga County. In the office of the Board of Supervisors: The sealer of weights and measures; the purchasing agent; the county attorney. In the office of the Purchasing Agent : The deputy. In the County Court: One court stenographer acting as confidential clerk to county judge and also acting as stenographer to grand jury. In the County Court House: The superintendent. In the office of the Surrogate: The clerk of the court. In the office of the District Attorney: The first assistant district attorney; second assistant district attorney; third assistant district attorney; one confidenial clerk. In the office of the County Clerk: Two deputy county clerks; one cashier, mortgage tax bureau. In the office of the Sheriff : The criminal deputy sheriff, two office deputies (as amended July 22, 1909). In the office of the County Treasurer: The deputy county treasurer ; the cashier. In the office of the Superintendent of the Poor: The deputy superintendent; one keeper; one matron; two chaplains. 37 In the Onondaga County Penitentiary: The superintendent; one deputy superintendent; two chaplains; three inspectors ; one organist. In the office of the Commissioner of Elections: The secretary. Orange County. In the office of the District Attorney: The assistant district attorney; one county detective (classified March 12, 1910). In the office of the Surrogate: The clerk of the court. In the office of the County Clerk: The deputy. In the County Court : Stenographer to the grand jury. In the office of the Superintendent of the Poor: Superintendent woman’s building (wife of superintendent). Queens County. In the office of the Surrogate: The clerk of the surrogate’s court; one clerk or stenographer to the sur- rogate. In the office of the District Attorney: One assistant district attorney; three deputy assistant district attorneys; one chief clerk, the position to be filled by a person duly and regularly admitted as an attorney and counselor-at-law in the State of New York; one stenographer; two county detectives (as amended July 15, 1909). In the office of the Commissioner of Jurors: The assistant commissioner of jurors. In the County Court: One confidential clerk to the county judge. In the office of the Sheriff : The counsel, the chief clerk, one cashier, one stenographer (classified March 12, 1910.) Rensselaer County. In the office of the County Judge: Clerk to the county judge. In the office of the County Treasurer: The deputy. 38 In the office of the District Attorney: The assistant district attorney; stenographer to the grand jury; the county detective. In the office of the Surrogate: Clerk of the surrogate’s court. Appointed by the Board of Supervisors: The county attorney; the sealer of weights and measures; superintendent of burials of indigent soldiers, sailors and marines. In the office of the Superintendent of the Poor: The matron (wife of the keeper). Richmond County. In the office of the County Clerk: The deputy county clerk (classified February 9, 1909). p" In the office of the County Judge and Surrogate: The clerk of the surrogate’s court; one confidential clerk. In the office of the District Attorney: One stenographer ; one special messenger and subpoena server ; one as- sistant district attorney. In the office of the Commissioner of Jurors: The assistant commissioner of jurors. Suffolk County. In the Surrogate’s Court: Clerk of the court. In the office of the County Judge: One clerk or stenographer. In the office of the County Clerk: The deputy. In the office of the District Attorney: One clerk or stenographer; the county detective. In the office of the Superintendent of the Poor: Matron at the almshouse (wife of keeper). Ulster County. Appointed by the Board of Supervisors: The county attorney. In the office of the Surrogate: The clerk of the court. 39 In the County Court: The stenographer to the grand jury. In the office of the County Clerk: The deputy. In the office of the District Attorney: The assistant district attorney. In the office of the Superintendent of the Poor: Chaplains; the physician; the matron (wife of keeper). Westchester County. In the County Court: One court stenographer. In the office of the Surrogate: The clerk of the court; one clerk or attendant to surrogate; one deputy clerk of the court. In the office of the District Attorney: First assistant district attorney; second assistant district attorney; one clerk; the stenographer to grand jury. In the office of the Sheriff : The sheriff’s clerk; the attorney (as amended July 22, 1909). In the office of the County Treasurer: The deputy treasurer; one cashier (classified March 21, 1910). In the office of the Commissioner of Jurors: One deputy. In the office of the Register: One mortgage tax deputy; one cashier, mortgage tax bureau. In the office of the Superintendent of the Poor: One keeper; one matron; two chaplains. In the office of the Commissioner of Elections: The secretary; the deputy commissioner. In the office of the Board of Supervisors: The county attorney; the superintendent of the county building. (As amended April 16, 1910.) VILLAGE SERVICE. All unskilled laborers, and such skilled laborers as are not included in the competitive class or the noncompetitive class, which are to be specially desig- nated in the regulations prescribed by the commission. (Added April 16, 1910 .) 40 Batavia : Treasurer; attorney; police justice; engineer and surveyor (per diem employment) ; first and second assistant chiefs, fire department (each $50 per annum) ; consulting engineer, sewer commission ; attorney, sewer commission; clerk board of health, who is also registrar of vital statistics. (As amended April 16, 1910.) Canandaigua: Attorney. Ossining. Counsel; police justice; tw T o engineers, fire department ($75 each per annum); one fireman (stoker), fire department ($37.50 per annum); engineer and surveyor (per diem employment). (As amended April 16, 1910.) Peekskill. Attorney; police justice; acting police justice; engineer and surveyor (per diem employment). Port Chester: Corporation counsel; assessor; police justice; acting police justice; sec- retary board of health, who is also registrar of vital statistics. (As amended April 16, 1910.) Saratoga Springs: Attorney; engineer and surveyor (per diem employment) ; secretary board of health acting as registrar; call firemen, tire department ($60 each per annum). (As amended April 16, 1910.) White Plains: Treasurer; engineer and surveyor (per diem employment) ; attorney; tax collector; police justice. No provision in these rules, except those relating to certification of payroll^ shall be held to apply to any employee or appointee of a sheriff whose duty relates exclusively or in part to the functions' of the sheriff's office in civil matters. (See opinion of the Court of Appeals in the matter of Flaherty, Sheriff of Kings County v. State Civil Service Commission.) (Added July 22, 1909.) Rule VI. Appointments in the Exempt Class. Appointments may be made to the exempt class without examination. Notification of such appointments shall be made forthwith to the commis- sion for entry upon the official roster and subsequent certification for payment of salaries. Rule VII. The Competitive Class. The competitive class shall include all positions now existing or hereafter created of whatever function, designation or compensation in each and every branch of the classified service, except such positions as are specifically desig- nated in the exempt class or the non-competitive class, arranged in the follow- ing groups and subdivisions: 41 GROUPS BASED UPON THE CHARACTER OF THE SERVICE RENDERED. Group A. Clerks, which term shall include all positions, the duties of which are of a clerical character, and which are not otherwise specifically provided for herein. Subdivision 1. Secretaries, chief clerks. 2. Clerks, recorders, registers, copyists. 3. Clerks with special educational requirements. 4. Bookkeepers, accountants. 5. Stenographers and typewriters. 6. Pages, office boys and girls. Group B. Cashiers, which term shall include all positions, the duties of which are the actual receipt, custody or disbursement of money or the en- forcement of the accountability for the same. Subdivision 1. Cashiers, tellers, paymasters, disbursing agents or clerks, financial clerks. 2. Auditors, comptrollers. Group C. Custodians and messengers, which term shall include all positions, the duties of which are the charge of property or persons, or as attendants. Subdivision 1. Stewards who are not disbursing agents, superintendents of buildings. 2. Matrons. 3. Storekeepers. 4. Prison and reformatory keepers and guards. 5. Officers, attendants, nurses, etc., having care of inmates of institutions and hospitals. 6. Protectors of forest, fisheries and game. 7. Messengers, ushers, attendants, orderlies, marshals, criers, porters, watchmen in courts and offices. 8. Janitors. 9. Elevatormen. Group D. Engineers, which term shall include all positions where qualifica- tions of an engineering or cognate character are required. Subdivision 1. Civil engineers. 2. Levelers, surveyors, rodmen. 3. Chainmen. 4. Architects. 5. Architectural draftsmen. 6. Engineering draftsmen. 7. Chief engineers. 8. Electrical engineers, dynamo tenders, electricians. 9. Steam engineers, firemen, engine drivers. Group E. Inspectors, which term shall include all positions, the duties of which are the inspection of materials or workmanship or the supervision of laborers. 42 Subdivision 1. Superintendents of construction or repairs when not civil en- gineers or architects. 2. Inspectors of masonry, iron work and other materials and workmanship. 3. Electrical inspectors. 4. Overseers, foremen. Group F. Special agents, which term shall include all positions requiring detective ability. Subdivision 1. Examiners for the banking department. 2. Examiners for the insurance department. 3. Examiners for the comptroller and other state officers. 4. Examiners for state boards and commissions. 5. Deputy factory inspectors. 6. Special excise agents. 7. Inspectors of milk, butter, cheese, vinegar, etc. Group G. Law positions, which term shall include all positions requiring some legal knowledge. Subdivision 1. Law clerks, brief clerks, statutory revision clerks, clerks in other offices whose duties require some legal knowledge. 2. Corporation examiners and clerks. 3. Clerks of courts. Group H. Medical positions, which term shall include all positions requir- ing medical or pharmaceutic knowledge. Subdivision 1. Superintendents of asylums and hospitals, who are necessarily physicians. 2. Physicians, surgeons. 3. Medical examiners. 4. Medical internes. 5. Pathologists. 6. Health officers. 7. Sanitary experts and inspectors. 8. Pharmacists, apothecaries, 9. Veterinarians. Group I. Mathematicians, which term shall include all positions requiring special mathematical qualifications. Subdivision 1. Actuaries, statisticians, computers. 2. Expert accountants. Group J. Scientists, which term shall include all positions requiring special scientific knowledge. Subdivision 1. Geologists. 2. Paleontologists. 3. Botanists. 4. Entomologists. 5. Bacteriologists. 6. Chemists. Group K. Agriculturists, which term shall include all positions requiring agricultural or horticultural knowledge, including arboriculture and the breed- ing and care of domestic animals. Subdivision 1. Agriculturists, farmers. 2. Horticulturists, gardeners, arboriculturists. Group L. Instructors, which term shall include all positions, the duties of which are scholastic instruction or to educate or test the ability to instruct. Subdivision 1. Principals of schools. 2. Teachers in all branches, other than such as are otherwise specially provided for in this classification. 3. Examiners of educational and scholastic qualifications. Group M. Mechanics and craftsmen, which term shall include all positions requiring special mechanical skill, or as tradesmen, not classed as laborers. Subdivision 1. Mechanics, craftsmen and tradesmen, whose duties shall be actual service as such. 2. Instructors in any handicraft or mechanical or other trade. Group X. Miscellaneous positions, which term shall include all positions requiring expert or other qualifications not embraced in the exempt or non- competitive classes, or in other groups in this class. Subdivision 1. Superintendents of institutions, who are not necessarily physicians or instructors. 2. Chief and assistant librarians. 3. Interpreters. 4. Proofreaders. 5. Superintendents of hatcheries. b. Other positions, except those specifically named in this classification as in other groups or hereafter included in them. 1. The omission in the above classification of any official designation or appellation of a position in the service shall not exclude such position from the classification, as it will be comprised in the group and subdivision to which it belongs by the general definition and specifications of such group and subdivision. 2. The commission may further subdivide for the purposes of examination the positions in any group or subdivision thereof, so as to test practically the special qualifications requisite for such positions. 3. The classification of all positions shall be governed solely by the respect- ive duties and functions of such positions, and in requesting from the com- mission certifications from eligible lists for selection for appointment, the heads of offices shall give in detail the duties attached to such positions, and shall name so near as may be the groups and subdivisions that comprise re- spectively such duties and functions. 4. For the purpose of orderly arrangement and of regulated promotion, the positions in each subdivision of each group shall be divided into grades based upon the rates of annual compensation. Grades of employment fixed by law, or by regulation of any department, office or institution made in pursuance of law, shall be the grades for pur- poses of promotion under this rule. 44 In the Supreme Court and the County Court, county of Kings, positions shall be graded as follows: Grade A. Court officers or court attendants, salaries from $1,500 to $1,800 per annum, inclusive. Grade B. Clerks and assistant clerks, salaries $2,000 to $4,500 per annum. Grade C. Court interpreters, salaries $1,500 to $2,500 per annum. Grade D. Court stenographers, salaries $3,000 per annum. Promotions from Grade A to Grade B will be allow upon competitive examination. In all other cases positions shall be graded as follows : Grade 1. All positions, the compensation of which is at the rate of not more than $360 per annum. Grade 2. All positions, the compensation of which is at the rate of more than $360', but not more than $480 per annum. Grade 3. All positions, the compensation of which is at the rate of more than $480, but not more than $600 per annum. Grade 4. All positions, the compensation of which is at the rate of more than $600, but not more than $720 per annum. Grade 5. All positions, the compensation of which is at the rate of more than $720, but not more than. $900 per annum. Grade 6. All positions, the compensation of which is at the rate of more than $900, but not more than $1,200 per annum. Grade 7. All positions, the compensation of which is at the rate of more than $1,200, but not more than $1,500 per annum. Grade 8. All positions, the compensation of which is at the rate of more than $1,500, but not more than $1,800 per annum. Grade 9. All positions, the compensation of which is at the rate of more than $1,800, but not more than $2,100 per annum. Grade 10. All positions, the compensation of which is at the rate of more than $2,100, but not more than $2,400 per annum. Grade 11. All positions, the compensation of which is at the rate of more than $2,400, but not more than $3,000 per annum. Grade 12. All positions, the compensation of which is at the rate of more than $3/300 per annum. Rule VIII. Appointments to Positions in the Competitive Class. 1. 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 these rules by selection from the persons graded highest on the most nearly appropriate eligible list resulting from open competitive examination held by the commission, except as herein otherwise provided. 2. Whenever an appointing officer shall request a certification from the com- mission for appointment to or employment in any position in the competitive class he shall specify the title, duties and compensation of such position, so that certification may be made from the proper eligible list, or that when necessary a proper eligible list may be prepared as the result of an open competitive examination held for that purpose. The secretary shall thereupon as soon as practicable certify to the appointing officer for appointment, from 45 the eligible list most nearly appropriate to such position, as it may then exist, the names of the three persons, if there be so many, standing highest on such eligible list, indicating such of them, if any, as are honorably dis- charged soldiers, sailors or marines from the army or navy of the United States in the late civil war, citizens and residents of this state, together with the average percentages and postoffice addresses" of such persons. If the appointing officer shall notify the commission of more than one vacancy at any time, the secretary shall certify to the appointing officer the names of as many persons as there are vacancies to be tilled, with the addition of two names. No person §hall be certified from an eligible list more than three times to the same appointing officer for the same or a similar position, except at the request of said officer, unless the person so certified is a veteran, in which case his name shall continue to be certified so long as it remains on the eligible list under these rules. W henever the sex of those whose names are to be certi- fied is fixed by any law, rule or regulation, or is specified in the request for cer- tification, the names of those of the sex so fixed or specified shall be certified, but in other cases certification shall be made without regard to sex. When an eligible certified for appointment shall fail to accept an offer of appoint- ment, by mail within the four business days next succeeding the mailing of notice of appointment, or shall fail to accept an appointment within the same or next succeeding business day when notification is sent him by telegram, he shall be deemed to have declined the appointment, and upon proper notice of such fact from the appointing officer the secretary shall certify from the list an additional name or names to replace the names of persons so declining. An eligible who has declined an appointment shall not thereafter be certified for a position at the same or any less salary except upon his written request to the commission. Whenever one or more eligibles shall have declined any appointment offered and an eligible whose relative standing is lower shall have been appointed to the position, the salary or compensation of such appointee shall not be increased within a period of six months after his appointment beyond that offered to the persons so declining. 3. From the persons whose names are so certified the officer shall make selection to fill the vacancy or vacancies, subject, however, to the provisions of the constitution giving preference in appointment to veterans. Whenever the appointing officer who shall have made a requisition to fill a certain number of vacancies shall appoint a number smaller than that of the vacancies named by him, he shall not make selection from the whole number certified to him but only that number of names standing highest upon the list that would have been certified to him had the requisition staged the number of vacancies which he actually filled. Whenever the eligible list certified con- tains less than three names, the appointing officer in his discretion may make a selection for appointment from such list or proceed as provided in section four or section ten of this rule, subject, however, to the provisions of the constitution giving preference in appointment to veterans. 4. 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 appoint- ment after competitive examination, or the existing list contains less than three names, the appointing officer may nominate a person to the commission 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 appoint- 46 ment can be made after competitive examination, but such provisional appointment shall not continue 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 two months. 5. In case of vacancy in any position in the competitive class, where peculiar and exceptional qualifications of a scientific, professional or educa- tional 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 commission may suspend the provisions of the rule requiring competition in such case, but no such sus- pension shall be general in its application to such place, and all such cases of suspension shall be reported to the legislature, with the reasons for the same. 6. 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. 7. No person shall be eligible to temporary appointment to any position in the competitive class if he has received a temporary or provisional appoint- ment within the previous four months, unless such person shall be one of the three highest on the list willing to accept such employment. 8. The acceptance by an eligible of a temporary appointment shall not affect his standing on the register for a permanent employment, nor shall the period of temporary service be counted as part of the probationary service, in case of subsequent appointment to a permanent position. 9. The commission may by special action except from examination under these rules any person engaged in private business who shall render any pro- fessional, scientific, technical or other expert service of an occasional and exceptional character to any appointing officer, and whose compensation in any one year shall not exceed $300; provided, that such limitation of com- pensation shall not apply to any such person employed by the governor, comptroller or attorney-general; and further provided, that the commission may suspend such limitation of compensation by special resolution in other cases. All exceptions granted under this section, with reasons therefor, shall be set forth by the commission in its next annual report. (As amended April 16, 1910.) 10. Whenever a vacancy exists in a position in the competitive class, and an open competitive examination duly advertised does not result in an eligible list of at least three names for such position, the head of the office may nomi- nate a person to the commission for non-competitive examination, and if such nominee shall 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 competitive examination duly advertised, the provisional appoint' ment of such person may be made permanent. 11. A person legally holding a position by appointment for a fixed term, may be retained without examination at the expiration of such term upon receiving a reappointment, but otherwise the position shall be deemed vacant for the purpose of choosing his successor. 47 Rule IX. Applications to Enter Examinations. 1. No person shall be admitted to any examination for a position in the competitive class, until as provided by the civil service law, he shall have filed an application under oath upon a form pres.iibed by the commission and accompanied by such certificates as may be prescribed. 2. Every applicant for examination must be a citizen of the United States, and an actual resident of the state of New York at the time of his application, provided, that such requirements as to citizenship and residence may be specially suspended by the commission as to any position requiring high pro- fessional, scientific or technical qualifications, or in cases where through low compensation for services such requirements are disadvantageous to the public interests, but all such cases, whether of individuals or groups, with the reasons therefor, shall be reported to the legislature. 3. No application for examination shall be accepted, unless the applicant is within the age limitations fixed by the commission for entrance to the posi- tion to which he seeks to be appointed. 4. The commission may refuse to examine an applicant, or after examina- tion to certify an eligible who is found to lack any of the established prelimi- nary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for the 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 infamous or notoriously disgraceful conduct; or who has been dismissed from the service for delinquency or misconduct ; or who has intentionally made a false statement in any material fact, or practiced or attempted to practice, any deception or fraud in his application or examina- tion, or in securing his eligibility or appointment. Any of the foregoing disqualifications shall be good cause for the removal of an eligible from the service after his appointment. 5. In applications for examination for positions requiring scientific, pro- fessional or technical qualifications, the commission may require evidences of special education for, or of practical experience for a satisfactory term in, such science, profession, art or trade ; and shall require the production of such certificates of competency and licenses as are provided by the statutes of this state as necessary to enable the praetiee of any profession, art or trade. 6. Any application for a position in the civil service made in contravention of the provisions of section 4 of rule II, will be rejected. Rule X. 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 preliminary requirements and sub- jects of examination for the several positions and groups of positions in the competitive class, and under its direction and subject to its approval the chief examiner shall, from time to time, prepare such examinations for the posi- tions and groups of positions aforesaid as Shall be pertinent to them, under the provisions of the preceding section of this rule. 48 3. The commission may further direct oral examinations or special practical tests of fitness for any particular positions requiring any scientific, profes- sional or technical knowledge or manual skill. 4. For the purpose of making examinations of applicants, from time to time, as may be required, the commission shall designate and select suitable persons to be local examiners at such places as it deems necessary, and shall duly commission such persons as examiners; and the commission may at any time substitute any other person in place of any one so selected. When per- sons selected as examiners are in the official service of the state, the head of the office in which such persons serve shall be consulted; and in the dis- charge of their duties as examiners, the persons so selected from the official service shall be responsible solely to the commission, and shall act under its regulations and directions. The local examiners in any place where more than one is required shall not all be adherents of one political party when other persons are available and competent to serve. 5. Examinations of a general character shall be held at least once a year in each of the places for which provision is made by law, and may be held more often in such places, or at other places for specific purposes in the discre- tion of the commission; and under its direction the chief examiner shall adver- tise such examinations in such manner as their nature may require. Previous notice of examinations shall be mailed to all persons who have made applica- tion in due form, with copies of such general or special regulations as the commission shall prescribe. 6. Whenever physical qualifications are of prime importance in the proper discharge of duties in any position, applicants must pass a physical examina- tion and be certified as qualified in such respect, either before admission to examination, or before record in the proper eligible list, or before certification for appointment, as the commission may determine. 7. Whenever, in its opinion, any position to be filled in the competitive class has a fiduciary or executive character, the commission may require, as a part of the examination, such special certificates by reputable and responsible citi- zens as to the character, trustworthiness and business experience of an appli- cant or eligible as it may deem proper and expedient. All such special certi- ficates shall be properly filed and retained as public records in the office of the commission. 8. When the position to be filled involves fiduciary responsibility, the appointing officer, where otherwise permitted by law, may require the ap- pointee to furnish a bond or other security and shall notify the commission of the amount and necessary details thereof. 9. No person who has entered any competitive or non-competitive exam- ination for a position in the classified service shall be admitted within nine months from the date thereof to a new examination for the same position, except when competitive examination has failed to established an eligible list of three or more names, in which case the commission by resolution may open a subsequent competition to persons who were candidates in a preceding examination for the same position. (As amended February 2, 1910.) 10. Examination papers shall be rated on a scale of 100, and the subjects therein shall be given such relative weights as the commission may prescribe. After a competitor’s papers have been rated he shall be duly notified of the results thereof. 49 Rule XI. Eligible Lists. 1. Every competitor who attains an average percentage of 75 or over on all the obligatory subjects in any examination, and whose standing on every such obligatory subject is 60 or over, shall be eligible for appointment to the posi- tion for which he was examined; and the names of eligibles shall be entered in the order of their average percentages, on the proper register of eligibles; provided that the names of competitors who have passed as above and whose claims for preference under section 9 of article V of the constitution have been allowed by the commission, shall be placed in the order of their respective average percentages at the head of the proper register of eligibles. 2. When two or more eligibles on a register have the same average per- centage, preference in certification shall be determined by the order in which their applications were filed, but neither priority in the date of application nor of examination will give any other advantage in position on the registers of eligibles. 3. 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 or when the existing list from which certification is to be made is likely to be exhausted. 4. The commission shall prescribe the character of the distinct eligible lists, designating the positions that may be filled by certification from each of such lists. 5. The term of eligibility shall be fixed by the regulations of the commis- sion at not less than one nor more than four years, with reference mainly to the probable number and frequency of certifications to be made from such lists respectively. Rule XII. Term of Probation. 1. Except in the case of veterans of the civil war, honorably discharged from the military or naval service of the United States, every original ap- pointment to or employment in any position in the competitive class shall be for a probationary term of three months, and an appointing or nominating officer in notifying a person certified to him for appointment or employment shall specify the same as for a probationary term only ; 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 be equiva- lent to his permanent appointment, but if his conduct, capacity or fitness be not satisfactory he may be discharged at the end of such term. Whenever two or more persons appointed from the same eligible list are serving as probationers in the same department, and there is necessity for a reduction of the force of such department affecting such persons, they shall be preferred for retention in the order of their original standing upon such list. 2. Every officer under whom any probationer shall serve during any part of his probation shall carefully observe the quality and value of the services rendered by such probationer, and his conduct, and if so required shall report in writing to the proper appointing officer the facts observed by him, showing the character and qualifications of such probationer, and of the service ren- dered by him, and such reports shall be preserved on file. 50 Rule XIII. Season Positions and Emergency Appointments. 1. All positions in the competitive class, where the nature of service is such that it is not continuous through the year, but recurs in each successive calendar year, shall be designated as season positions and shall be subject to the provisions of these rules applicable generally to positions in such class, except as herein otherwise provided. 2. Any person originally appointed to or employed in a season position, under the provisions of these rules, and who has been temporarily separatea from the service by the expiration thereof in any year, shall be entitled to reappointment to or re-empioyment in the same position in the next ensuing year, upon filing in the office of the commission, in such form as it may pre- scribe, a request for such reappointment or re-employment within six weeks previous to and at least thirty days before the date of resumption of such short term service. The commission shall certify to the proper appointing or employing officer the names and postoffice addresses of the persons who have made such formal requests, and they shall be reinstated in the positions vacated by them in the previous year in the order of the date of their original appointment or latest promotion in the several grades, provided that in the meantime they are not disqualified from any of the causes recited in the fourth section of rule IX. 3. When an emergency requires that a position subject to non-competitive examination shall be filled immediately, the appointing officer may select any person available to fill the vacancy and if he forthwith notifies the commis- sion of such action and within five days nominates a person for non-competi- tive examination for the vacancy, the account for salary will be certified up to the date when such examination has been held and the appointing officer is advised of the result. 4. When an emergency requires that a position in the competitive class be filled before an appointment can be made from the eligible list the appoint- ing officer shall first request a certification, after which he may fill the vacancy without examination, reporting the name of the appointee forthwith to the commission, and the salary account will be certified until such time as an appointment is made from the eligible list, such temporary appointment not to continue longer than ten days without prior approval by the commission in writing. Rule XIV. Promotions. 1. The term promotion includes the appointment of any person in the service to another position in the same department, or, under the provis- ions of section 3 of this rule, ih another department, for original entrance to which there is required by the commission an examination involving essen- tial tests different from or higher than those required for original entrance to the position previously held by such person, or which by compensation, duties or designation falls in a different grade under section 4 of rule VII from the position previously held by such person, and any increase in salary of any person in such service, with or without change in duties or designation, beyond the limit fixed for the grade containing the position held by such person. 2. All positions vacant in the competitive class above the lowest grade in any office, department or institution shall be filled, so far as practicable, by 51 promotion, and original appointment to such positions shall be allowed only when the commission shall find it impracticable to fill the same by promotion under this rule. 3. In order to be eligible to any promotion a person must have served continuously for the six months immediately preceding such promotion in a position in the next lower grade and in the same group, as specified in rule VII, in the same office, department or institution in which the promotion is to be made. If there are less than three persons who have so served in the next lower grade in the same group, or if all such persons fail in any promotion examination, then all persons who have so served in the second lower grade of such group shall be eligible to promotion, subject to the provisions of section 4 of this rule. The commission may in any case extend eligibility for promotion to the incumbents of any of the following classes of positions: first, persons who for more than six months have served in any of tne lower grades in the same group in the same office, department or institution; second, persons who for more than six months have served in another group, but in a similar position in the same office, department or institution; third, persons who for more than six months have served in the same or another group, but in a similar position, in other offices, departments or institutions : provided, however, that no persons in any of the three classes of positions before men- tioned shall be eligible to promotion unless the commission shall find that the nature of the duties of the positions held by such persons are such as naturally and properly fit them to perform the duties of the position to which they seek promotion as fully as the duties of the persons holding positions in the next two lower grades in the same group in the office, de- partment or institution in which promotion is to be made ; but no person shall be eligible to promotion who lacks any of the preliminary requirements for original entrance to the position to be filled by promotion. 4. All promotions of clerks, bookkeepers, stenographers, copyists, mes- sengers, pages, and other employees whose duties are of a clerical character in all the state departments, bureaus, divisions, commissions and offices, shall be made by successive grades so far as practicable, and no person shall be pro- moted to a position in the higher grade who has not served at least six months in the next lower grade. 5. Whenever there are not more than three persons eligible to any promotion the appointing officer may nominate one of such eligible persons who may be promoted upon passing the required examination; but no examination shall be required for promotion to the next higher grade in such a case ( 1 ) wTien the person promoted has qualified in an open competitive examination and his name is upon the appropriate eligible list for the post ion to be filled in force at the time of the promotion; (2) when the promotion is a mere increase in salary without any change whatever in the duties of the person promoted; (3) when such person entered the service through open competitive examin- ation if there is not required for original entrance to the position to wffiich promotion is sought an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person. 6. Whenever there are more than three persons eligible to any promotion the commission shall hold a competitive examination of those eligible to said promotion and shall cause notices of the same to be posted conspicuously in 52 the office or institution wherein the promotion is to be made and to he mailed to those eligible to the promotion. 7. The test of actual service being the main factor in fitness for promotion there shall be kept in every office continuous and comparative records of the efficiency, punctuality, attention and general good conduct of all persons em- ployed therein. Such records shall at all times be open to inspection by the state commission and if the same have been regularly and properly kept they shall constitute one of the elements in such promotion examination, with such relative weight as shall be assigned to them by the commission. If such records have not been regularly and properly kept the commission shall prescribe such tests as to it may seem best calculated to determine the relative merit and fitness of the persons' eligible to promotion. The written examination shall be of the same grade as that required for original entrance to positions of similar grade and shall relate chiefly to the duties of the office in which the vacancy occurs, and particularly to the duties of the position to be filled. Due weight will be given to the candidates’ seniority and past record in the office and to any special fitness for the duties of the higher position. The conduct of the examination and the preparation of the eligible list shall be subject to the general provisions of rules X and XI, provided, however, that no eligible list for promotion shall be valid beyond one year. The commission shall certify from the eligible list for promotion in the same manner provided in section 2 of rule VIII for certification for original appointment. (As amended March 12, 1910; April 16, 1910.) Rule XV. Transfers. Transfers from one department, office or institution to another may be made with the approval of the commission and upon mutual consent of the appointing officers of the departments, offices or institutions affected, as follows : 1. A person originally appointed from an eligible list, who has served for three months in any grade, may be transferred to a similar position in the same group and grade; or in the discretion of the commission may be trans- ferred without change of grade to a similar position in another group, or to a position in the same or a lower grade involving essential tests or quali- fications lower than those required for original entrance to the position held by such person. (As amended August 17, 1909.) 2. A person holding a position in the competitive class who did nob enter the service by qualifying in an open competitive examination may be trans- ferred in accordance with section 1 of this rule, provided he has served con- tinuously for at least three years in a position in the same group and three months in the same grade as that from which transfer is proposed. (As amended August 17, 1909.) 3. Transfer from an exempt or non-competitive position to a competitive position, or from a position in the competitive class to a position in a different group of such class, shall be allowed only when the persQn transferred has qualified in an open competitive examination and is eligible for certification and appointment from the appropriate eligible list for the position to which transfer is proposed and is so certified and appointed. Such certification and appointment shall remove the name of the person transferred from the eligible 53 list. No such transfer shall be allowed when there is an appropriate list of persons eligible for promotion to the position proposed to be filled by transfer. 4. The foregoing sections of this rule shall apply to transfers between the state service and the service of the counties and villages to which the state civil service rules have been extended, provided that in transfers from state to county or village service only legal residents of the county or village affected may be transferred, and provided that no person may be transferred from county or village to state service under the provisions of sections 1 and 2 of this rule unless such person was, at the time of original appointment in the county or village service or at the time of the request for transfer, eligible for certification and appointment to the position to which transfer is sought in the state service; and further provided that in transfers from county to village service only legal residents of the village affected may be transferred, and provided that no person may be transferred from village to county service under the provisions of sections 1 and 2 of this rule unless such person was, at the time of original appointment in the village service or at the time of the request for transfer, eligible for certification and appointment to the position to which transfer is sought in the county ser- vice. No transfer shall be allowed from the service of one county or village to that of another county or village. (As amended April 16, 1910.) 5. A person holding a position in the non-competitive class may be trans- ferred to a similar position in the same class. Rule XVI. Reinstatement in Service. 1. Any person who has held a position by appointment under the civil service rules, and who has been separated from the service through no delinquency or misconduct on his part, may be reinstated without re-exami- nation in a vacant position in the same office and in the same group, sub- division and grade, within one year from the date of such separation, pro- vided that for original entrance to the position proposed to be filled by reinstatement there is not required by these rules, in the opinion of the commission, an examination involving essential tests or qualifications dif- ferent from or higher than those involved in the examination for original entrance to the position formerly held by the person proposed to be rein- stated. 2. Whenever in any department or institution an office or position is abolished, or whenever the number of positions of a certain character is reduced, or whenever by reason of a lack of appropriation or otherwise it becomes necessary to discharge or suspend one or more of several persons holding the same position, veterans of the civil war, veterans of the volun- teer army or navy of the United States in the Spanish war, and exempt volunteer firemen shall be entitled to preference in retention in such positions over other persons. 3. Persons legally holding such positions at the time of such reduction or discharge shall be entitled to reappointment or reinstatement in the same position or positions if they are thereafter within one year re-established under the same or any other designation. The names of such persons shall be entered upon lists of suspended employees and shall remain thereon for a period of one year. Upon notice of a vacancy in the same or a similar position, names from such lists of suspended employees shall be certified to the 54 appointing officer in preference to names from the eligible lists. Certification from such lists of suspended employees shall be made as follows: First, veterans of the civil war in the order of their original appointment to the position from which separated; second, veterans of the Spanish war and exempt volunteer firemen in similar order; third, other persons in similar order. Persons specified in the first and second classes above mentioned shall be entitled to certification for positions to which they are eligible in any department or institution, but persons specified in the third class shall be entitled to certification only to the department from which they were dis- charged. 4. A person who has served continuously for at least three years in the competitive class in any department and who was separated from his position in that class by appointment to another position in the non-competitive or exempt class in the same department, and who has served continuously therein from the date of such separation, may be restored without the application of the foregoing restrictions to a position in the competitive class in the same group and grade and in the same department as the competitive position he formerly held. Rule XVII. Certificates for Promotion, Transfer and Reinstatement. 1. Upon the written request of an appointing officer, stating the essential facts in regard to any proposed promotion, transfer or reinstatement, the commission will, if such promotion, transfer or reinstatement be in accord- ance with law and the provisions of these rules, issue its certificate of that fact to such officer. 2. All promotions, transfers and reinstatements herein authorized shall be made only after the issuance of such certificate, except those which may be specifically exempted from such condition by regulation of the commission. Rule XVIII. Definition of the Non-competitive Class. The non-competitive class shall include such positions as are not in the exempt class and which it is impracticable to include in the competitive class. It shall comprise the following positions and such positions as may here- after be added; provided, that from time to time, the commission shall transfer positions from this class to the competitive class whenever it may be found practicable to hold competitive examinations to fill them: POSITIONS IN THE NON-COMPETITIVE CLASS. In the Education Department: Picture-framer, carpenter. In the Banking Department: Two confidential examiners. In the office of the State Engineer and Surveyor: One automobile driver. (Classified April 16, 1910.) In the Department of Highways: Five automobile drivers (classified August 17, 1909; amended October 8, 1909). 55 In the Department of Public Buildings: Chief orderly; messenger and weigher, upholsterer, tin and coppersmith, gardener, chief carpenter, carpenters, painters, shade and carpet man, plumber and gasfitter, plumber’s helper, machinist, assistant machinist, steamfitter, locksmith, steamfitter’s helper, boilerscaler, stonecutter and tilesetter. In the Department of Public Works: The harbor masters; engineer of tugboat running in Buffalo Harbor and Niagara Biver. In the office of the Attorney-General: One law clerk and detective, provided that no person shall be named for examination who has not qualified in examination for position of law clerk and whose name is upon the eligible list for said position estab- lished November 14, 1907 (classified August 17, 1909). In the State Hospitals: Watchmen, policemen, barbers, supervisors, nurses, attendants, ward- helpers, housekeepers, head cooks, bakers, meateutters, butchers, laun- derers, head laundresses, linemen, plumbers, steamfitters, carpenters, painters, blacksmiths, foremen, tailors, dressmakers, shoemakers, printers, bookbinders, head farmers, dairymen, gardeners, florists, pages, firemen, pilots, masons, tinsmiths, coffee roaster, medical interne, labora- tory helper in the Pathological Institute, ruler in printing office, butter- maker, one fireman, fire departments, Central Islip and Kings Park state hospitals. In the Department of Excise: One clerk and one stenographer in the detective bureau. In the State Prisons: The assistant matrons. In Sing Sing Prison: The head farmer; pilots. In Clinton Prison: Hospital attendant; head farmer; fireman. In the State Fair Commission: Gardener. In the Prison for Women at Auburn: The attendants. In the House of Refuge for Women at Albion: Carpenter, firemen, gardener, farmer. In the State School for the Blind at Batavia: Baker, carpenter, farmer, firemen, florist, housekeeper, usher (as amended December 7, 1909). 56 In the Soldiers and Sailors’ Home at Bath: Baker, blacksmith, carpenter, farmer, firemen, gardener, head cook, head launderer, lineman, musicians, steamfitter, engine oiler and tender, hospital attendant, special attendant (as amended December 15, 1909). l’n the Reformatory for Women at Bedford: Carpenters, firemen. In the New York State Reformatory and the Eastern New York Reformatory: Carpenter, farmer, firemen, head cook, housekeeper. In the Agricultural Experiment Station at Geneva: Agriculturist, agronomist, assistant in animal husbandry, botanist, assist- ant botanists, chemist, associate chemist, assistant chemists, bacteriolo- gist, assistant bacteriologists, expert in dairy husbandry, editor and librarian, entomologist, assistant entomologists, horticulturist, assist- ant horticulturists. In the New York State Training School for Girls at Hudson: Carpenter, firemen. In the Custodial Asylum at Newark: Attendants, baker, carpenter, firemen, foreman. In the Thomas Indian School at Iroquois: Attendants, farmer, firemen, head laundress, housekeeper. In the State Agricultural and Industrial School at Industry: Carpenter, farmer, firemen, head cook, head laundress, matron of farm cottage (wife of supervisor), one telephone operator at $15 per month and maintenance. (As amended February 9, 1910.) In the Custodial Asylum at Rome: Attendants, baker, blacksmith, carpenter, farmer, fireman, gardener, head cook, head launderer, painter, shoemaker, supervisors, assistant super- visors, assistant matron, watchman. In the Craig Colony at Sonyea: Attendants, baker, assistant baker, blacksmith, brickmaker, butcher, car- penter, dairyman, farmer, firemen, gardener and florist, head cook, medical interne, medical record clerk, mason and bricklayer, painter, plumber, shoemaker, supervisors, tailor, tinsmith, night telephone operator, usher, usher and telephone operator, watchmen. In the Institution for Feeble-Minded Children at Syracuse: Attendants, baker, carpenter, farmer, firemen, gardener, housekeeper, head cook, head laundress, shoemaker, supervisors, tailoress, usher, watchmen, painter. In the New York State Hospital for Incipient Tuberculosis at Ray Brook: Firemen, bakers, medical interne. 57 In the New York State Hospital for the Care of Crippled and Deformed Children at West Haverstraw: Nurses (non-graduates). In the Woman’s Relief Corps Home at Oxford: Farmer; hospital attendant; fireman; head laundress. In the Albany County Almshouse: Carpenters, bakers, one resident physician. In the office of the Superintendent of the Poor, Chautauqua County: Assistant matron; farm foreman; hospital attendant; engineer ($25 per month and maintenance); head laundress; assistant hospital attend- ant ; attendant. In the Erie County Almshouse: Pupil nurses. In the office of the Superintendent of the Poor of Monroe County: Two internes, bakers, nurses, watchmen; one housekeeper, compensa- tion not to exceed $35 per month and maintenance (classified Feb. 1, 1910). In the Monroe County Penitentiary: Bakers. In the office of the Superintendent of the Poor, Oneida County: Attendant receiving $30 or more per month and maintenance; baker. In the office of the Superintendent of the Poor of Onondaga County: Bakers, nurses; firemen, attendant. In the office of the Board of Supervisors, Onondaga County : The physician to Onondaga County Indians. In the office of the Superintendent of the Poor, Rensselaer County : Assistant matron; assistant nurse; baker; cook; laundryman. In the office of the Superintendent of the Poor, Suffolk County : Nurse. In the office of the Superintendent of the Poor, Ulster County: Bookkeeper, compensation act to exceed $100 per annum. In the office of the Superintendent of the Poor of Westchester County: One assistant matron, one woman attendant; two resident physicians. In the Village of Batavia: Chief engineer, fire department; provided, however, that no person shall be named for non-competitive examination who is not a member of the department. 58 In the Village of Ossining: Chief of police; provided, however, that no person shall be named for non-competitive examination who is not a member of the police force. In the Village of Peekskill: Chief of police; provided, however, that no person shall be named for non-competitive examination who is not a member of the police force; chief engineer, fire department, provided, however, that no person shall be named for non-competitive examination who is not a member of the department. (As amended April 16, 1910.) In the Village of Port Chester: Chief of police; provided, however, that no person shall be named for non-competitive examination who is not a member of the police force; one automobile driver, fire department. (As amended April 16, 1910.) In the Village of Saratoga Springs: Chief engineer, fire department; provided, however, that no person shall be named for non-competitive examination who is not a member of the department. In the Village of White Plains: Chief or captain of police; provided, however, that no person shall be named for non-competitive examination who is not a member of the police force. Rule XIX. Employment in the Non-competitive Class. 1. The positions in the non-competitive class must be filled by such persons as upon proper non-competitive examinations shall be certified as qualified to discharge the duties of such positions by an examiner or examiners selected or appointed for that purpose by the commission. The head of any office, de- partment or institution in which there may be a vacancy or vacancies in any position or positions in this class, may name for examination a person for each vacancy. The commission may provide by special regulation that in any institution where a number of persons are employed in the same grade, the employing officer may name for examination more than one person, in order that there may be a list of qualified persons from which to make an immediate selection in case of vacancy. (Such nomination may be made to the commis- sion, or to an examiner or board of examiners, as the commission may pre- scribe by regulations. 2. The commission shall select, appoint and commission examiners or boards of examiners to test the qualifications of persons named for employment in positions in the non-competitive class, and they shall be subject to the pro- visions of the fourth section of rule X. 3. Examinations for positions in the non-competitive class shall be such as shall determine the following qualifications: First. That the person examined is within the limits of age prescribed for the position or employment to which he has been named; Second. That he is properly certified as free from any physical defect or disease which would be likely to interfere with the proper discharge of his duties ; 59 Third. That his character is such as to qualify him for such position or employment; and Fourth. That he possesses the requisite knowledge and ability to enter on the discharge of his duties in the service. To preserve a uniform standard in such qualifications for like positions and employments in the several institutions and offices of the state service, the commission, after consultation with the principal officers concerned, may by regulations, prescribe uniform limitations and tests for the government of the examiners. Rule XX. Reports of Appointing Officers. For the purpose of certification to the comptroller, or other fiscal officer, for the payment of salaries and to enable the commission to keep an official roster of the classified service as required by law, each appointing and employing officer, from time to time after the date of the promulgation of these rules and upon the date of the official action in or knowledge of each case, shall report to the commission as follows: (a) Every appointment or employment whether probationary, temporary or otherwise, in the classified service, with the date of commencement of ser- vice and the title and compensation of the position. This includes every employment or designation of any person to render any service, whether permanent, temporary or special, to the state of New York or any of its civil divisions to which these rules shall be extended, in any capacity whatever, compensation for which is to be made to the person em- ployed or designated, except in the military service and the unclassified ser- vice as defined by law and by section 2 of rule III. (b) 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. (f) 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. (h) Every transfer, giving the positions from wffiich and to which made, with the date and salaries thereof. (i) Every reinstatement in a position, with the date and salary thereof. Rule XXI. The Official Roster. The commission shall keep in its office an official roster of the classified state 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 60 of appointment, employment, promotion or reinstatement, and the office in which and the compensation of the position, date of commencement of service, and the date of transfer in or separation from the service by dismissal, resig- nation, cancellation of appointment, or death. Rule XXII. Certification for Payment for Services. For the purposes of certification of payrolls, estimates and accounts as re- quired by section nineteen of the civil service law, appointing officers and heads of departments shall furnish the commission with payrolls, estimates, accounts and certificates in form and manner as follows: 1. Heads of departments, offices and institutions in the state service, whose employees are paid individually direct from the treasury of the state or any civil division thereof, shall furnish the commission, at least five days before payment is to be made, payrolls in duplicate, showing the names o* the per- sons 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 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 employ- ments indicated, and that persons described as or proposed to be paid as “ laborers ” are employed at ordinary unskilled labor only, and that each person employed under rule VIII, subdivision 9, is actually engaged in private business and that the services rendered by him are expert services of an occa- sional and exceptional character. After examination and certification by the commission as hereinafter prescribed, such payrolls shall be transmitted by it to the comptroller or fiscal officer of such civil division for further examina- tion and payment as required by law, and one of said duplicates shall accom- pany the warrant on the treasurer or other disbursing officer. 2. For payments for irregular or occasional services, and for advances of salary to regular employees, the head of such a department, office or institu- tion shall transmit to the commission the original account or a special payroll or a request for advance payment, bearing his written approval, which approval shall be deemed to be a certificate of the facts required by the preceding section to be certified on the regular payrolls. Upon examination and certification by the commission such account, payroll or request shall be forwarded to the comptroller or other fiscal officer. 3. Heads of departments, offices or institutions whose employees are paid directly by the department without previous detailed estimate to the comp- troller, shall furnish the commission, before payment is made, or in case of employees of the department of public works and of the state engineer and hh veyor on the canals, outside of Albany, before credit is claimed from the C' Uipiroller on such payrolls, the payrolls and certificates as required in sec- i ion one hereof, and except in the case noted, disbursing officers of such de- partments, offices and institutions shall not pay such persons until the com- mission shall certify as hereinafter prescribed. Heads and disbursing officers of such departments, offices and institutions shall file the payrolls certified by the commission as vouchers in claiming credit from the comptroller or other fiscal officer for such payments. 4. The estimates for payment of officers and employees, and for services of state hospitals and charitable institutions required by law to render detailed estimates in advance, under what is known as the “ estimate system,” con- 61 taining the names, titles of positions held or kind of service performed and rate of compensation of all officers and employees in the classified service with the certificate specified in section one hereof, shall be submitted to the com- mission for certification before approval by the comptroller or other depart- ment having power of revision of such estimates, and no vouchers for pay- ments for services shall be received unless in accord with such estimates, and the certificate of the commission. 5. The secretary or assistant secretary of the commission shall compare such payroll, estimate or account for services with the official roster and shall attach thereto or place thereon a certificate in form substantially as follows : I hereby certify that the person (or persons) named in this (or the at- tached) payroll (or estimate or account) for services rendered to the state of New York in the containing names, have been appointed or promoted to or employed in the positions or places and at the rates of compensation indicated in pursuance of the civil service law, and the rules made in pursuance thereof as shown by the official roster of the state service except (Here insert names in regard to which the payroll, estimate or account dis- agrees with the official roster.) Secretary of the State Civil Service Commission. To provide for the making of such certifications the commission may desig- nate an employee in its office to act as chief clerk, and may designate an employee in its office to act as assistant secretary, under and by direction of the secretary when that officer is on duty and for him and in his stead in his absence. 6. Upon satisfactory evidence, that with intent to evade the provisions of law and of these rules, any person appointed to or employed in any position in the classified service has been assigned to perform duties other than those for which he was examined and certified, or under any title not appropriate to the duties to be performed, the commission will refuse certification and remove his name from the official roster. 7. When legal proceedings have been instituted against the state commis- sion, attacking the classification of any position in the competitive class, and after a decision has been rendered in the lower courts adverse to the state commission on the merits, and when the commission has determined by unanimous vote that a reasonable doubt exists as to the correctness of its classification of such position, it may, in its discretion, pending the settlement or final determination of such legal proceedings, direct the certification of the payrolls of any person who has been appointed to such position, without regard to the existing classification, but such certification shall be without prejudice to the existing classification and temporary only. In all such cases the secretary shall attach to such payrolls, in addition to the usual certificate, the following: “ This certificate is attached by special direction of the commission, pur- suant to the provisions of Rule XXII, subdivision 7, and without prejudice to the right of the commission to withhold same in the event of the favorable settlement or final determination of litigation now pending, involving the correctness of its classification.” 62 Rule XXIII. Administrative Regulations. The commission shall prescribe and enforce suitable regulations for carry- ing into effect the provisions of these rules and those of the civil service law and of section 9 of article V of the constitution, not inconsistent therewith; and shall prescribe blank forms for all applications, certificates, reports, records and returns required under these rules and the regulations made in pursuance thereof. Rule XXIV. Extension of Rules. These rules shall not be deemed to extend to the offices, places and em- ployments in the civil divisions of the state, until after due inquiry by the commission it shall be found practicable, of which finding proper and timely notice shall be given. In pursuance of the foregoing provision these rules have been extended to the offices, places and employments in the civil service of the counties of Erie, Kings, New York, Queens and Richmond, to take effect from and after June 16, 1900; to the offices, places and employments in the civil service of the counties of Albany, Monroe, Onondaga and Westchester, to take effect from and after November 1, 1905; to the offices, places and employments in the civil service of the counties of Chautauqua, Nassau, Niagara, Oneida, Orange, Rensselaer, Suffolk and Ulster, to take effect August 1, 1909. (As amended July 15, 1909.) In pursuance of the foregoing provision these rules have been further extended to the following offices in all counties, to take effect on January 1, 1909: County superintendent, as established by the highway law, chapter 330, Laws of 1908; county engineer; county superintendent of highways. In pursuance of the foregoing provision these rules have been further extended to the offices, places and employments, in the civil service of the villages of Batavia, Canandaigua, Ossining, Peekskill, Port Chester, Saratoga Springs and White Plains, to take effect from and after March 31, 1910. (Added March 26, 1910.) In pursuance of the foregoing provision these rules have been further extended to the office of county sealer in all counties, as established by Chapter 187 of the Laws of 1910, to take effect May 6, 1910. (Added May 6, 1910.) STATE OF NEW YORK, Executive Chamber, July 5, 1909. The foregoing rules prescribed by the State Civil Service Commission are hereby approved. CHARLES E. HUGHES, Governor. 63 GENERAL REGULATIONS. Adopting Order. The State Civil Service Commission, under the authority conferred by section 10 of the civil service law and rule XXIII of the rules prescribed pur- suant thereto, approved by the governor, and promulgated on the 5th day of July, 1909, hereby makes the following regulations, reserving the right to modify the same from time to time, and to prescribe such special regula- tions as may be expedient for the proper enforcement of the rules aforesaid. Regulation A. The President. The president, subject to the direction of the commission, shall have such general authority and responsibility in the administration of the law, rules and regulations as shall not be inconsistent with the powers reserved to the commission or vested in some other officer. Regulation I. Secretary. The secretary shall, subject to the direction of the commission: 1. Keep the minutes of the proceedings of the commission and have charge of the books, records, papers, official seal and other property in its office. 2. Advertise and issue authority to hold all examinations and grant au- thority to candidates to enter examinations. Notify candidates of the results of their examinations and enter the names of successful competitors upon the proper register of eligibles. 3. Make certification to appointing officers, upon their requisition, of those eligible to appointment or employment. 4. Keep the official roster and have charge of the certification of payrolls and estimates. 5 Observe that the rules and regulations are complied with, and bring any case of their infraction to the attention of the commission. 6. Receive all communications, conduct the correspondence of the com- mission, and perform such other appropriate duties as it may assign him. Regulation II. Chief Examiner. The chief examiner, subject to the direction of the commission, shall have charge of all matters pertaining to examinations, and in connection there- with he shall : 1. Prepare blank forms for application for examination. 2. Prepare, after consultation with the appointing officers concerned, schemes of examinations, including age limits and other preliminary require- ments for candidates. 3. Receive applications for examination and determine all questions re- lating to eligibility of candidates. 4. Supervise the preparation of questions and other preliminary arrange- ments for examinations and, so far as practicable, attend them. G4 5. Direct the work of examiners and take care to secure accuracy, uniform- ity and justice in their proceedings. Whenever the qualifications for a position are of professional, scientific, technical or expert character, the chief examiner may obtain such advice and assistance from competent sources as may be expedient. In case a vacancy occurs in any position of examiner during a recess of the commission, the chief examiner may, when necessary, select a person to fill such vacancy temporarily, pending a permanent selection by the commission. Regulation III. Examiners. 1. The examiners of the commission are classified as salaried examiners, special and expert examiners, local examiners, institution boards of examiners. 2. The salaried examiners shall devote their whole time to the work of the commission under the direction of the chief examiner. 3. Special and expert examiners shall be designated and employed by the commission from time to time as the work is required to prepare questions and rate candidates in competitive examinations. Such examiners shall be paid such compensation as shall be agreed upon and shall be subject to the general direction of the chief examiner. 4. Local examiners shall, so far as practicable, be men, and shall be appointed in the various cities in which competitive examinations are re- quired to be held. The chief examiner shall designate the examiner or examiners to hold each examination. The number of local examiners to be employed shall not exceed: For 1 to 10 competitors, one examiner. From 11 to 50 competitors, two examiners. From 51 to 100 competitors, three examiners. For more than 100 competitors, four or more examiners. The compensation of local examiners shall be: In New York city, for examiner in charge, $7.50 per day; assistants, $5 per day. In Buffalo and Rochester, for examiner in charge, $5 per Cay; assist- ants, $3.50 per day. In second class cities, for examiner in charge $5 per day; assistants, $3 per day. In other places, for examiner in charge, $5 per day; assistants, $2.50 per day. The local examiners in any place where more than one is required shall not all be adherents of one political party when other persons are available and competent to serve. Local examiners shall not incur expenses in connection with examinations beyond necessary stationery and supplies except at the direction of the commission or the chief examiner. (As amended March 17, 1910). 5. Boards of examiners shall be established in the several state hospitals and institutions to conduct the examination of persons nominated for posi- tions in the non-competitive class by the proper appointing officer. Such boards shall consist of three or more members, one of whom shall act as secre- tary and two or more of whom may conduct an examination in the absence of the others. The secretary shall keep a record of the proceedings of the board and of the examinations held by it, and shall report to the commis- 65 sion the names of persons examined and the results of their examinations^ The application and examination papers of candidates shall be forwarded to the commission with the report. 6. Examiners shall take care to secure uniformity and fairness in the con- duct of examinations. They must not disclose the details of answers of can- didates. No examiner or other person serving under the commission shall attempt to influence the marking or grading of any candidate, or the selection, nomination, appointment or employment of any person in the civil service.. Regulation IV. Application. 1. All applications for admission to examination shall be made upon the- blank forms prescribed and furnished by the commission, and no one will be admitted who has not made such application in satisfactory form. 2. In every application for examination for original appointment in the competitive class, the applicant must state on oath and in his own hand- writing: (1) the position or kind of examination desired; (2) his full name,, residence and postoffice address; (3) his term of residence in this state; (4) his citizenship, and if naturalized, the date and place of his naturalization^ (5) the date and place of his birth; (6) his previous employment in the civil service, if any; (7) his business or employment for the last preceding: five years; (8) his education; (9) if in the army or navy of the United/ States in the late civil war and honorably discharged therefrom, the name of organization or vessel to which attached, date of enlistment or commission, position or rank, and date and cause of discharge from the service; (IQ.), such' t other information as the commission may require touching his eligibility and i fitness for the public service. 3. The application must be accompanied (1) by the certificates of not less than three nor more than five reputable citizens that they have- been personally acquainted with the applicant for at least one year and believe him to be of good moral character, of temperate and industrious habits and in all respects fit for the service he wishes to enter, and that they are willing that. : such certificate shall be published for public information, and (2) if the ap- plicant is an honorably discharged soldier or sailor of the late civil war, by the adjutant-general s certificate of his honorable discharge or other satis~ factory evidence of the same. 4. In addition to the information above mentioned applicants for positions requiring special qualifications shall furnish the evidences, certificates and. licenses required under the provisions of section 5 of rule IX. No person shall be examined who has any of the following defects t- l'nsanity , tuberculosis, paralysis, epilepsy, blindness, total deafness, loss of speech, loss of both arms or both legs, loss of arm and leg, badly crippled or deformed arms, feet or legs, heart disease, locomotor ataxia, eancer,. Bright’s disease, syphilis, diabetes. 5 ; The limits of age at the time of application for the following named positions are as follows: Stenographer, telegrapher, stenographer and teleg- rapher, typewriter copyist, messenger, chainman, tracer, minimum, eighteen years; page, minimum, fourteen years and maximum, eighteen years; junior clerk, minimum, sixteen years; reformatory guard, minimum, twenty-five jears; junior bridge draughtsman, rodman, minimum, twenty years. For all/ 66 other positions the minimum age limit is twenty-one years, with no maximum limit. 6. Defective applications will be suspended and applicants notified to amend the same, but no such notice will be given or opportunity granted a second time. 7. Applications shall be filed at least seven days before the date of exami- nation to entitle the applicant to enter the same. The commission or its chief examiner may, however, waive this requirement when practicable. 8. The date of the reception of all applications shall be indorsed thereon, and entered of record by the commission, and if the applicants for any posi- tion are in excess of a number that can be examined at a single examination, they will be notified to appear in their order on the respective records, pro- vided that veterans shall have precedence in such notification. 9. Applications and accompanying certificates, not returned for correction, will remain on file in the office of the commission, and under no circumstances will be returned to the applicant. 10. Candidates for examinations for positions in the non-competitive class shall file applications on blank forms prescribed by the commission containing such information as the commission shall deem necessary in regard to their eligibility and fitness for the positions applied for. Such applications may be presented at the time of examination and shall be forwarded to the commis- sion by the examiners together with the examination papers. Regulation V. Examinations. 1. Competitive examinations will be held from time to time for such posi- tions as shall be specially requested by appointing officers and for those for which in the opinion of the commission, the number of applicants or lack of eligibles renders an examination desirable. The preliminary requirements, subjects of examinations and relative weights for positions in the com- petitive class shall be published from time to time. The place and date of an examination for any position, when determined, and any other material information in regard thereto, will be posted in the office of the commission in the capitol at Albany at least ten days before the date of such examina- tion. Announcements of all examinations of a public and general interest shall be published, so far as practicable, in every county of the state at least ten days before the date of the examination in one or more prominent news- papers of the county; examinations of a professional and technical nature shall be announced, so far as practicable, in suitable periodicals published in this state. 2. Notice of competitive examination will be mailed previous to the date thereof to each applicant entitled to enter the same. If an applicant fails to receive due notice of an examination, or gives satisfactory reasons for failure to attend an examination, he shall be notified to attend the next examination for the same subdivision and group, provided such examination occurs within one year from the date of filing the original application. Notice of the time and place of examination, subjects of examination and relative weights thereof if any assigned, shall be mailed to each person nomi- nated for any position in the non-competitive class, at least one week in 67 advance of the date set for the examination, except for positions in state institutions for which examination is to be conducted by a local board of examiners. 3. Applicants must present themselves promptly at the hour and place specified in their official notification signed by the secretary of the com- mission, and no one will be admitted to an examination except upon the pro- duction of such notification. 4. In order to properly identify competitors, each person presenting himself for examination shall fill out a “ Declaration Sheet ” on which he shall state the essential facts contained in his application paper. Each declaration sheet shall bear a different number which shall be used to designate the ex- amination papers of the competitor. The name of the competitor shall not appear on his examination papers except on the declaration sheet. 5. For the further identification of appointees and for the prevention of impersonation in examinations, every person appointed after a competitive examination shall be required to fill out an identification sheet to be called “ Declaration of Appointee.” Said declaration shall require a reiteration of the essential facts of the application and declaration sheet and the statement of such other facts as the chief examiner shall require, and shall be filled out by the appointee in the presence of the appointing officer or his representa- tive who shall attach his certificate of such fact. Such declaration shall be forwarded with the notice of appointment to the state civil service commis- sion and shall be filed with the examination papers of the appointee. 6. The relative weights given to the several subjects or qualifications in an examination shall be fixed before the date thereof by the chief examiner under the direction of the commission. 7. Non-competitive examinations for provisional appointments under the provisions of rule VIII shall be in their scope and character the same as com- petitive examinations to fill vacancies in the same positions. 8. Whenever an oral examination shall be prescribed as part of any scheme of examinations, a stenographic record of the oral questions and answers shall be made and the transcript thereof shall be preserved with the examination papers or report. Regulation VI. Marking and Grading of Examination Papers. 1. So soon as practicable after an examination the papers of the competitors shall be marked and the general average of each ascertained. Such marking and ascertainment shall be under the direction of the chief examiner, and, so far as practicable, shall be made at the office of the commission. 2. The marking of each competitor’s papers shall be made on the scale ot 100, which maximum shall represent the highest attainable accuracy, and 0 shall represent entire ignorance. The average of the marking of the several answers upon any one subject shall be the standing on that subject. No person shall have his name entered upon an eligible list who fails to attain an average percentage of 75, or over, on all the obligatory subjects in the examination, and a percentage of 60 or over on every such obligatory subject. 3. The absolute or general average standing of each competitor will then be made up in form substantially as follows, in accordance with the re- spective weights accorded to the subjects: 68 ! Examination of SUBJECTS. Relative weights. Standing on subjects. Products. 1. Writing from dictation 95 285 2. Copying from manuscript 2 78 156 3. Handwriting 4 80 320 4. Spelling 98 294 5. Arithmetic 62 248 6- Geographv and history 1 70 70 7. Constitutional questions 1 63 63 8. Making a summary 2 75 150 Total weight and product 20 1,586 General average standing 79.30 It will be observed that the standing on each subject is multiplied by the weight given that subject and the product placed in the third column, and the sum of these products, divided by the sum of the weights, gives the general average standing. 4. Within five days after the filing of the report of any competitive exam- ination, each competitor will be advised by mail by the secretary of the commission as to the result of his examination and his relatve position on the eligible list. 5. A competitor receiving such notice, may, in person or by duly authorized agent, in the presence of any officer of the commission, inspect his examina- tion papers, and if, in his opinion, injustice has been done him, he may, within fifteen days after the receipt of notice, appeal specifying particu- larly the cause of complaint. Such appeal will be considered and, if sus- tained by the commission, a revision of the rating of the appellant’s papers will be made. 6. The commission shall appoint a committee on appeals, consisting of one commissioner, to whom all appeals together with the report of the chief examiner or technical examiner relative thereto, shall be referred, and who shall report thereon at the next meeting of the commission. Regulation VII. Eligible Lists. 1. After an examination for positions in any grade or subdivision in the competitive class, the names of such competitors as are eligible under the provisions of rule XI shall be entered upon an eligible list for such position in order as follows: First, the names of veterans in the order of their rating; and, second, the names of other eligibles in the order of their rating. The accuracy of all such lists shall be checked by two officials in the office of the commission. 2. The eligible list so prepared shall be entered by the secretary in the proper .place in the register of eligible lists. Whenever there remain on the register any eligibles for any position at the time when the eligibles as- certained by a new examination are to be entered thereon, the names of all 69 the eligibles shall he subject to the above regulation as to the order in which they shall be entered. When an open competitive examination produces less than three eligibles, any eligibles remaining on a former list for the same position shall be con- tinued on the new list until its expiraton, provided that no individual shall be eligible for more than four years without re-examination. 3. The term of eligibility shall be one year from the date of filing of the report of the examination, or until a new list of eligibles for the same posi- tions shall be filed, if longer than one year, unless otherwise prescribed by the commission. The term of eligibility shall be two years for the following positions: Court stenographer, state hospital matron, assistant civil engi- neer, woman physician, regents’ examiner, court interpreter, engineering draughtsman, architectural draughtsman, apothecary, examination clerk, technical and trade instructors, chemist, steward, milk expert, butter expert, cheese expert, vinegar expert, chief engineer, inspector of boilers and engines, building inspector, inspector of nurseries, librarian and library assistant. Whenever a person whose name is on an eligible list for any position shall enter a new examination for the same position within his term of eligibility, his eligibility on account of the former examination shall cease from the date of filing of the report of the new examination in case he is found qualified, and from such date he shall be credited with the mark and relative position obtained in the new examination. 4. Copies of eligible lists shall not be furnished by the commission except to the appointing officers having the right of selection from such lists. The lists will be open to public inspection. 5. The secretary shall certify eligib-les upon the requisition of an appoint- ing officer in accordance with the provisions of section 2 of rule VIII in such form as the commission may prescribe. No appointment shall be made from any certificate of eligibles after the expiration of the eligible list from which such certificate is drawn, nor after receipt by the commission of a report of examination providing new eligibles for such list. If the appointment shall be made of any person other than one of the three standing highest on the eligible list, the appointing officer shall forward to the commission with the notice of appointment copies of all correspondence to and from the persons declining such appointment, in accordance with the provisions of rule XX and section 2 of rule VIII. 6. Section 13 of the civil service law requiring appointments to positions in the state service, the duties of which are confined to a locality outside of Albany county, to be made, so far as practicable, from residents of the judicial district including such locality, shall be applied as follows: In certifications from the eligible lists of clerks, junior clerks, book- keepers, stenographers, pages, storekeepers, messengers, janitors, assistant steam engineers, assistant electrical engineers, firemen, court stenographers, court attendants, court clerks, building inspectors, housekeepers, nurses, su- pervisors, watchmen, florists and 1 gardeners. When the services to be performed in any position for which eligibles are to be certified from any of the eligible lists mentioned in this section, are confined to a locality outside of Albany county, the secretary shall certify from the proper eligible list the person or persons standing highest who are residents of the judicial district in which the service is located or of the 70 judicial districts indicated above; but if there be no eligibles who are resi- dents of such judicial district, or if all such eligibles shall decline the appoint- ment, the person or persons standing highest on the whole eligible list shall be certified unless it appears to the satisfaction of the commission that it is not practicable to appoint from outside of the judicial district, in which case the general eligible list shall not be deemed a list of persons eligible for appointment for such judicial district. For the purpose of certification under this regulation, the residence of any person shall be deemed to be the place stated by such person in his applica- tion to be his legal residence at the time such application is filed, but in case any person has removed from the county or judicial district in which he resided at the time of the filing of his application for examination, such per- son shall no longer be eligible to appointment from that county or district, but shall, after three months, be on the eligible list for the county or judicial district into which he has moved. Regulation VIII. Accounts. 1. All accounts for compensation as examiners or for preparation of ques- tions or marking of answers and papers, or other expenses of examinations, shall be certified by the chief examiner. 2. All accounts for other expenses of the commission, except those for salaries and official expenses fixed by statute, and those certified as above by the chief examiner, shall be certified by the secretary. 3. All accounts certified by the chief examiner and secretary shall be ap- proved by the commission before payment. Regulation IX. Information. 1. General abstracts from the provisions of the law, rules and regulations, and other pertinent matter will be published by the commission from time to time, for the information of appointing officers, applicants, candidates and others concerned. 2. The commission cannot undertake to answer inquiries relating to cases which are not officially before it for decision, nor can it decide, except in cases of actual candidates, questions respecting the application of the rules and regulations. 3. Particular answers cannot be given to inquiries which are answered expressly or by implication in published regulations or other similar docu- ments. 4. The commission cannot give any information upon the following points: (a) regarding positions in the unclassified service or in the exempt class of the classified service; (b) regarding vacancies in any position existing or prospective; (c) regarding the duties of positions except as indicated by their classification; (d) regarding the personal interests of any intending or actual applicant, candidate or eligible. 5. The examination papers of a competitor will be exhibited only to the competitor or his duly authorized representative, or to the appointing officer to whom his name is certified. 6. Copies of questions used in examinations cannot be furnished except in cases where they are published by the commission for general information. 71 7. The qualifications of applicants and subjects of examination, as pre- pared from time to time, will be published, but in regard to certain positions in which vacancies are rare the nature and extent of the examinations may not be determined until vacancies occur. 8. Eligible lists may be published with the standing of the persons named in them, but under no circumstances will the names of persons passing below the minimum standing be published nor will their examination papers be exhibited or any information given about them, except as provided in the fifth section of this regulation. Regulation X. Residence and Citizenship. The restrictions of section 5 of rule IV and section 2 of rule IX as to resi- dence and citizenship shall not apply to the following positions: (a) On account of low compensation: Attendants, nurses and orderlies in asylums and hospitals and similar institutions. (b) On account of professional or scientific requirements: All positions as scientists, technical and trade instructors and positions requiring special training and education, provided that if the eligible list resulting from any examination held for such a position contains the names of three or more persons who' are citizens and residents of Xew York State, such persons shall be preferred in certification to non-residents. Regulation XI. Commutation for Board and Lodgings. The commutation for board and lodgings under section 12 of rule I shall be as follows: In the state hospitals, charitable and reformatory institutions, $12 per month, apportioned at the rate of $3 per month for each meal and $3 per month for lodging. Regulation XII. Positions Classed as Laborers. The following positions are classified as laborers exempt from examination under rule V : In all departments and institutions, skilled and unskilled laborers em- ployed temporarily on work of repairs and construction and not constituting part of the regular force of the department or institution. In the Department of Public Buildings: Laborers, cleaners, chief porter, porters, portress, roofer, rigger, seam- stress; attendant, Executive Mansion; janitress, Geological Hall (wife of janitor) ; janitress, State House (wife of janitor) ; attendant in Senate cloak room during session of the legislature, at compensation not exceeding three dollars per day. / In the Education Department': Cleaners, laborers, porters, apprentice to compositor, one attendant and shipper at compensation not exceeding $60 per month. In the office of the Public Service Commission, First District: One porter for the commission offices. 72 In the State Hospitals: Assistant barbers, assistant butchers, assistant cooks, assistant meat- cutters, assistant shoemakers, assistant tailors, bakers’ helpers, car- penters’ helpers, coachmen, cooks, chambermaids, domestics, drivers, farmers, kitchen helpers, knitters, laundresses, laborers, loopers, ma- chine hands, masons’ helpers, plumbers’ helpers, porters, seamstresses, soapmakers, steamfitters’ helpers, teamsters, waitresses, mates, deck- hands; and in the Willard State Hospital, engineers, firemen, brakmen, trackmen and conductors employed upon the railroad. In the State Normal School at Brockport: One watchman at a compensation not to exceed $30 per month, without maintenance. In the office of the Health Officer of the Port of New York: Cleaner, laundress. In the State Charitable and Reformatory Institutions: Assistant farmers, assistant cooks, barbers, chambermaids, cloakmakers, coachmen, cooks, domestics, dressmakers, farm housekeepers, hose- makers, kitchen helpers, laborers, launderers, laundresses, seamstresses, sewerage tenders, teamsters, waiters, waitresses; also at the Soldiers and Sailors’ Home, Bath, inmate sergeant-major, $25 per month; inmate commissary-sergeant, inmate clerk headquarters, inmate clerk to cashier, inmate clerk to quartermaster, $20 per month each, inmate employees whose compensation is not more than $15 per month, and at the state reformatory at Elmira, head waiter. In Sing Sing Prison: Stableman. (Classified December 23, 1909.) In the New York State Hospital for the Care of Crippled and Deformed. Children at West Haverstraw: Repairer. In the Department of Health: Cleaner, stableman; laborer in cancer laboratory. In the Department of the State Fair Commission: Caretaker. In the Department of the State Engineer and Surveyor: Guides in the North Woods, boatmen, laborers; charwoman at not to exceed $1.25 per day (as amended Aug. 26, 1909). In the State Department of Highways: Patrolmen on improved highways, furnishing horse, wagon and necessary tools, compensation not exceeding $78 per month; patrolmen on im- proved highways, furnishing two horses and wagon, and necessary tools, compensation not exceeding $5 per day; charwomen, compensa- stion $1.00 per day. 73 In the Department of Public Works. Patrolmen, locktenders, watchmen, cooks, teamsters, boat captains, boat commanders, water boys, pavers, feeder tenders, carpenters, reservoir tenders, pilots, firemen, cranesmen, bridgetenders, deck hands, painters, blacksmiths, weighmasters, divers, janitors, laborers; masons, stone- cutters and bosses of gangs whose compensation does not exceed $2.50 per day. l’n the office of the Commissioners of the State Reservation at Niagara: Janitors, caretakers, scrub women. In the Agricultural Experiment Station at Geneva: Goatherd. (Classified March 3, 1910.) l'n the Albany County Almshouse: Hostlers, farmers, assistant farmers, cooks, assistant cooks, laborers, cleaners, nurses at not to exceed fifteen dollars per month. In -the Albany County Building: Cleaners, laborers. In the office of the City Hall Commission, Albany County: Cleaners. In the Albany County Penitentiary: Cooks, laborers. In the office of the Superintendent of the Poor, Chautauqua County: Cooks; teamsters; laborers; domestics. In the office of the Sheriff, Erie County: Porters, waitresses, cooks, laundresses. In the Erie County Almshouse: Bakers, seamstresses, assistant seastresses, cooks, assistant cooks, waitresses, masons, matron (wife of keeper or deputy keeper), laundresses, assistant laundresses, carpenters, chambermaids, farm laborers. (As amended January 21, 1910.) In the Erie County Lodging House. Cooks; matron (wife of superintendent) (classified January 7, 1910.) In the office of the Commissioner of Elections, Erie County: Carpenters and mechanics at compensation not exceeding $3.20 per day, one foreman carpenter at compensation not exceeding $4.50 per day. In the Erie County Penitentiary: Cooks, bakers, teamsters, kitchen matrons, prison matron (charge of laundry), prison matron (charge of sewing-room), house matron (charge of housework), matron (wife of superintendent). 74 In the Department of the Trustees of the City and County Hall, Erie County : Charwomen. In the office of the Register, Kings County: Keeper of coatroom. In the office of the Sheriff, Monroe County: Cooks, servants, cleaners, washerwomen, matron (wife of sheriff), porter at compensation not exceeding $85 per month. In the Monroe County Court House: Laborers, charwomen. In the office of the Superintendent of the Poor, Monroe County : Farmers, farm laborers, cooks, laundresses, waitresses, laundry helpers, ward helpers. In Monroe County Penitentiary: Farmers, domestics, cooks, laundry helpers. In the office of the Sheriff, New York County: Six cleaners, two cooks, two assistant cooks, one laundress, two van drivers. In the office of the Superintendent of the Poor, Niagara County: Laborers; cooks; firemen and washmen; assistant nurse or orderly, salary not to exceed $15 per month (classified January 7, 1910). In the office of the Superintendent of the Poor, Oneida County: Attendant receiving less than $30 per month and maintenance; seam- stress; cook; waitress; laundress; teamster; butcher; laborer; domestic. In the office of the Sheriff, Oneida County: Fireman at the jail at Utica. (Classified February 17, 1910). In the office of the Superintendent of the Poor, Onondaga County : Waitresses, laundresses, teamsters, farmers, cooks, seamstresses, janitors, orderlies, kitchen helpers, kitchen girls, w T ard helpers, laborers. In the Onondaga County Penitentiary: Cooks, laundresses, pump tenders, matron (wife of superintendent). In the Court of Appeals Library, Syracuse: Janitress. In the Onondaga County Court House: Charwomen, laborers. 75 In the office of the Superintendent of the Poor, Orange County: Hospital helper; laundress; laborer; baker and cook; workman. In the office of the Sheriff, Orange County: The matron (wife of sheriff); cook. (Classified February 3, 1910.) In the office of the Sheriff, Queens County: Cooks; assistant cooks; laundresses. (Classified March 3, 1910.) In the office of the County Treasurer, Rensselaer County: The janitress. In the office of the Superintendent of the Poor, Rensselaer County: Teamster; laborer. In the office of the Sheriff, Richmond County: Cooks; farm hand. In the office of the Superintendent of the Poor, Suffolk County: Farmer; fireman; cook; seamstress; general helper. l’n the office of the Superintendent of the Poor, Ulster County: Housekeeper; laundryman; cook; baker; kitchen helper; farm help; do- mestic ; laborer. In the office of the Sheriff, Westchester County: Cooks, caretaker of grounds. In the office of the Superintendent of the Poor, Westchester County. Cooks, baker at compensation not exceeding $15 per month. In the office of the Board of Supervisors, Westchester County: Janitress; oiler, Westchester county powerhouse. (Classified April 7, 1910.) In the Village of Batavia: Lamp trimmer; laborers, or day workmen. In the Village of Canandaigua: Janitors, fire department buildings; janitors, town house; keeper of the town clock; laborers, or day workmen. In the Village of Ossining: Leveler on public dump; laborers, or day workmen. (As amended April 7, 1910). In the village of Peekskill: Laborers, or day workmen; teamsters with teams. In the Village of Port Chester: Laborers, or day workmen; one janitor. 76 In the Village of Saratoga Springs: Laborers, or day workmen; pound master. In the Village of White Plains: Laborers, or day workmen; street cleaners; night men at sewage dis- posal works. (As amended May 5, 1910.) The omission of any position from the foregoing list shall not be deemed to exclude from the exempt class any position falling within the definition of “ laborer ” as given in rule I. Regulation XIII. Municipal Inspection. The state civil service commission shall, by one or more of its members, or its secretary, or its chief examiner, officially visit each city in the state at least once in two years, and inquire into the method of the administration of the civil service law in such city, and ascertain whether the municipal com- missioners and other city officials faithfully discharge their duties in respect to compliance with said law. Regulation XIV. Temporary Appointments. Whenever an appointing officer desires to make a temporary appointment for a period exceeding one month, he shall notify the commission of the nature of the service required, term of employment and rate of compensation to be paid, and the- commission shall certify to the appointing officer the names of the three persons standing highest upon the general eligible list, who, upon inquiry, are found willing to accept such temporary appointment, from whom a selection shall be made for the temporary service required. By the Commission, Attest: JOHN C. BIRDSEYE, Secretary.. Albany, July 5, 1909. INDEX (N. B. — This index is neither a syllabus nor construction of the law or rules, but a mere reference to designated subjects. The word “ Commission ” means the State Commission. “ L ” stands for the Civil Service Law. “ Rule ” refers to the State Civil Service Rules. “ Reg.” refers to the General Regulations.) ACCOUNTS of State Commission AGE LIMITATIONS APPEAL from rating given in examination APPEALS, Commission shall appoint committee APPLICANTS — necessary qualifications of and information required from certain prerequisites may be demanded from information to to be citizens and residents of the State to be residents of county exceptions to residence requirement APPLICATIONS TO ENTER EXAMINATIONS shall be re- quired by the Commission blank forms for — must be used may be rejected for certain reasons APPOINTING OFFICERS defined shall not appoint or employ any person except under provi- sions of law shall be legally liable for compensation of persons not properly appointed or employed by them are to be notified of the rules may require a bond of persons in fiduciary positions to forward copies of correspondence, etc to report all changes in positions under them Page. Reg. viii.... 70 Rule ix, 3 47 Reg. iv, 5 65 Reg. vi, 5 68 Reg. vi, 6 68 L. § 14 10 Rule ix, 2, 3, 5 47 Reg. iv 64 Rule ix, 5 47 Reg. ix 70 Rule ix, 2 47 Rule iv, 5 24 Reg. x 71 L. § 14 10 Rule ix, 1 47 Reg. iv 65 Rule ix, 1 47 Reg. iv 65 Rule ix, 3, 4, 6 47 Reg. iv, 4 65 L. § 2 3 Rule i, 7 21 L. § 9 7 L. § 8 6 L. § 10 7 L. § 14 10 Rule x, 8 48 Reg. vii, 5 69 L. § 19 12 Rule xx 59 shall not consider political reasons in appointments, pro- motions or removals L. § 25 Rule ii, 5. . . . how to request certifications for appointments Rule viii, 2 . . . to send pay-rolls to Commission for certification Rule xxii APPOINTMENTS in the classified service Rule iv to positions in the exempt class L. § 13 Rule vi to positions in the competitive class L. § 14 Rule viii L. § 45 to be made from list most nearly appropriate L. § 14 Rule viii, 1, 2 Rule xi, 3 . . . 16 22 44 60 23 9 40 10 44 19 10 44 49 177 ] 78 APPOINTMENTS — (Continued). Page. to positions in the non-competitive class L. § 17 12 Rule xix 58 emergency Rule xiii, 3, 4 50 provisional — in case of urgency when no eligible list exists. . L. § 15 11 Rule viii, 4 45 temporary L. § 15 11 L. § 44 19 Rule viii, 6, 7, 8 46 Rule xiii 50 Reg. xiv 76 are unlawful unless person has passed examination or is exempt L. § 19 12 Rule iv, 2 23 political opinions or affiliations shall not be considered in. . . . L. § 25 16 Rule ii, 5 22 to positions outside of Albany may be confined to judicial districts L. § 14 10 Rule iv, 4 24 Reg. vii, 6 69 to county positions to be made from residents of county Rule iv, 5 24 in the competitive class — question of sex in Rule viii, 2 44 declination of — how governed Rule viii, 2 44 without examination, when temporary and occasional Rule viii, 9 46 without examination, where exceptional qualifications are re- quired L. § 15 11 Rule viii, 5 46 when competition fails Rule viii, 10 46 under titles not appropriate, forbidden L. § 14 10 Rule xxii, 6 61 by promotion when practicable Rule xiv, 2 50 L. § 45 19 original, to be made to lowest grades Rule xiv, 2 50 L. § 45 19 when shall be made from suspended list in preference to eligible list Rule xvi, 3 53 BOND AS SECURITY may be required of appointees to fiduciary positions L. § 14 10 Rule x, 8 48 BRIBERY through abuse of the civil service defined and made penal L. § 27 17 BUILDINGS, PUBLIC, may be used for examination. ....... L. § 5 5 CANDIDATES FOR OFFICE shall not use the civil service as a means of bribery or reward L. § 27 17 CERTIFICATION FOR APPOINTMENT, from eligible lists, how made Rule viii, 2 44 Reg. vii 68 for promotion Rule xiv, 7 52 from suspended lists Rule xvi, 3 53 CHIEF EXAMINER OF STATE SERVICE. See “ Exam- iner, Chief.” CITIZENSHIP AND RESIDENCE OF APPLICANTS Rule iv, 5 24 Rule ix, 2 47 Reg. x 71 CITY SERVICE defined L. § 2 3 classified — general provisions L. § 11 7 classified in four classes L. § 12 9 CIVIL SERVICE, of State defined L. § 2 3 Rule i, 4 21 how divided L. § 9 7 Rule iii, 1 23 L. §12 9 Rule iii, 3 how classified 23 79 CIVIL SERVICE — (Continued). Page. of civil divisions of State defined L. § 2 3 Rule i, 4 21 how divided L. § 9 7 Rule iii, 1 23 how classified L. § 12 9 Rule iii 23 how rules may be extended to L. § 10 7 Rule xxiv 62 of cities, see “ City Service.” CIVIL WAR, veterans of, entitled to preference cannot be removed except for incompetency or misconduct . . shall be transferred when position is abolished compensation of, when reinstated by order of the courts CLASS — term defined exempt, see “ Exempt Class.” competitive, see “ Competitive Class.” non-competitive, see “ Non-Competitive Class.” CLASSIFICATION of service of State, its civil divisions and cities CLASSIFICATION OF EMPLOYEES in grades CLASSIFIED SERVICE, see “ Service, Classified.” CLERKS and other employees to be classified in grades temporary, may be appointed COMMISSION and State Commission defined COMMISSION, MUNICIPAL, see “ Municipal Commission.” COMMISSION, STATE, how appointed and removed requirements and limitations of members of salary and expenses of president, officers and employees of office of powers and duties of — shall prescribe rules having force of law, make investigations, subpoena witnesses, administer oaths, report annually to legislature, and hold monthly meetings at Albany may be compelled by mandamus to issue certificates to persons legally appointed all reasonable facilities to be given by public officers and subordinates shall make rules and regulations for State service shall not expend money in excess of appropriation may in certain cases make rules for cities, remove municipal commissioners, amend or rescind any city rule, all city rules subject to its approval, shall report annually on the city service shall prepare lists of requirements for and subjects of ex- aminations shall require formal applications may refuse certain applications shall appoint examiners COMMITTEE ON APPEALS to be appointed by Commission. L. § 21 14 Rule xi, 1 49 Rule xvi, 2, 3 53 L. § 22 14 L. § 22 14 L. § 23 15 Rule i, 8 21 J-i. 8 Rule iii 23 Rule xxiv .... 62 L. § 41 . . . . 18 L. § 41 . . . . 18 L. § 44 19 L. § 2 3 Rule i, 2 21 L. § 3 . . . . 4 L. § 3 4 L. § 3 . . . . 4 L. § 4 ' 4 L. § 5 5 L. § 6 5 L. § 20 13 L § 7 6 L. § 10 7 L. § 4 4 L. § 11 7 L. § 14 10 Rule x, 2, 3. . . . 00 L. § 14 Rule ix 47 L. § 14 Rule ix, 4, 6 . . . 47 Reg. iv, 4 L. § 4 Rule x, 4 48 Rule xix, 2 . . . . 58 Reg. vi, 6 68 80 COMPENSATION — term defined of persons illegally appointed shall be paid by the officer appointing commutation for board and lodging extra, not to be allowed of local examiners of veteran reinstated by order of the courts COMPETITIVE CLASS — definition of positions in includes all positions not otherwise classified positions in, arranged in groups employees separated from, may be reinstated in classification in, by the rules does not confer certain rights. . . appointments to to be made from eligible list most appropriate to be made in certain cases from residents, etc ikceptions from examination temporary provisional — in case of urgency when no eligible list exists procedure when competition fails CONSTITUTIONAL PROVISION COUNTIES, rules extended to service of COURT positions in State service in exempt class DEFINITION OF TERMS DISBURSING OFFICERS shall pay for services only upon accounts, etc., certified by the State or Municipal Com- mission are liable for payment of services not properly certified method of certification of pay-rolls, etc., for ELIGIBLE LISTS — appointment to be made from the most appropriate copies of, shall not be furnished except to appointing officers . new — to be created only under certain conditions certain persons on — may be refused appointment persons on — who decline appointment for promotion to be valid for one year for promotion — how prepared and certified how constructed precedence on Page. Rule i, 12 22 I- § 8 6 Reg. xi 71 L. § 43 19 Reg. iii, 4 64 L. § 23 15 L. § 14 10 Rule vii 40 L. § 14 10 Rule vii 40 Rule vii 40 Rule x vi, 1, 4 53, 54 Rule iii, 4 23 L. § 14 10 Rule viii 44 L. § 14 10 Rule viii, 1, 2 44 Rule xi, 3 49 L. § 14 10 Rule iv, 4, 5 24 Reg. vii, 6 69 L. § 15 11 Rule viii, 5, 9 46 L. § 15 11 L. § 44 19 Rule viii, 6, 7, 8 46 Rule xiii, 4 50 Reg. xiv 76 L. § 15 11 Rule viii, 4 45 Rule viii, 10 46 20 Rule xxiv 62 L. § 13 9 Rule v, 24 40 L. §2 3 Rule i 21 L. § 20 13 L. § 20 13 Rule xxii 60 L. § 14 10 Rule viii, 1, 2 44 Rule xi, 3 49 Reg. vii, 4 69 L. § 14 10 Rule xi, 3 49 L. § 14 10 Rule ix, 4 47 Rule viii, 2 44 Rule xiv, 7 52 Rule xiv, 7 52 Rule xi, 1 49 Reg. vii 68 Rule xi, 2 49 81 Page. ELIGIBILITY, TERM OF 10 Rule xi, 5 49 Reg. vii, 3 69 EMERGENCY APPOINTMENTS Rule xiii, 3, 4. . 50 EMPLOYEE, PUBLIC — term defined L. § 27 17 EMPLOYMENT is in the Civil Service Law invariably con- joined with “ Appointment,” which see. EXAMINATIONS FOR STATE SERVICE Rule x 47 Reg. v 66 where and when held : 7 Rule x, 5 48 requirements for and subjects of, to be prepared by the* Com- mission L. § 14 10 Rule x, 2 47 Reg. v 66 to be public and practical L. § 14 10 Rule x, 1 47 certain obstructions of or frauds in — are misdemeanors L. § 24 16 for purposes of — groups and subdivisions >may be further divided Rule vii, 2 43 physical — may be required Rule x, 6 48 special certificates supplementary to — may be required Rule x, 7 48 no person admitted to new examination within nine months. Rule x, 9 48 papers in — will be rated on a scale of 100 as the maximum . . Rule x, 10 48 Reg. vi 67 for promotion Rule xiv, 5-8. . . . .51, 52 Rule xix . 58 grading of papers in Reg. vi 67 not required for reinstatement in certain cases Rule xvi, 1, 4.. . 54 EXAMINATIONS FOR CITY SERVICE to be public and practical L. § 11 7 L. § 14 10 requirements for and subjects of — to be prepared by mun- icipal commission L. § 14 10 applications for L. § 14 10 EXAMINER, CHIEF, OF STATE SERVICE, how appointed and salary L. § 4 4 has power to administer oaths L. § 6 5 shall prepare examinations Rule x, 2 47 duties of Reg. ii 63 EXAMINERS, how appointed and compensated L. § 4 4 Rule x, 4 48 Reg. iii 64 when in official service, how compensated L. § 4 4 for non-competitive class Rule xix, 2 . .. . 58 Reg. iii 64 EXEMPT CLASS — positions included in L. § 13 9 Rule v 24 list of positions in State service Rule v 25 list of positions in county service Rule v 31 appointments in — how made L. § 13 9 Rule vi 40 in State service to include all unskilled laborers and all skilled laborers not otherwise classified L. § 13 9 Rule v . . .24, 31 positions in — at time when rules go into operation, if in excess, how reduced Rule iii, 5 23 FIREMEN, CITY — certain rights of, protected L. § 11 8 FIREMEN, VOLUNTEER — can be removed only for certain causes after a hearing L. § 22 14 to be transferred when position is abolished L. § 22 14 list of suspended — to be kept Rule xvi, 3 . . . . 53 GOVERNOR may appoint and remove members of State Com- mission to approve all State rules approve removal of municipal commissioners by State Com- mission GRADE — term defined GRADES of positions in competitive class established original appointments to be made to lowest GROUP — term defined # GROUPS of positions in competitive class INFORMATION to applicants IDENTIFICATION of competitors of appointees INSPECTION, MUNICIPAL JUDICIAL DISTRICTS — when duties of position are confined to — residents are to be appointed JUDICIAL OFFICERS — elective — entitled each to one clerk in exempt class LABORER — term defined positions classed as LABORERS IN STATE SERVICE not to be examined or registered LABOR CLASS IN CITIES to be registered and subject to rules — prerequisites for registration LAWS REPEALED, schedule of MARINES in civil war — certain preferences to MAYORS OF CITIES shall appoint and may remove municipal commissioners, and failing to appoint them, they may be appointed by State Commission — shall approve all munic- ipal rules MILITIA AND MILITARY DEPARTMENTS — officers of and positions in, not included in civil service MUNICIPAL COMMISSIONS — term defined members of — how appointed; general powers; shall pre- scribe rules and regulations for city service, which must be approved by mayor and State Commission; must report annually to Commission and send copy of city roster; may be appointed by Commission if mayor neglects to do so; their rules may be amended or rescinded by Commission; removable by mayor or by unanimous vote of Commission approved by the Governor MUNICIPAL INSPECTION NON-COMPETITIVE CLASS — positions included in appointments to and employment in examinations for OFFICERS — APPOINTING, see “ Appointing Officers.” OFFICERS — DISBURSING, see “ Disbursing Officers.” OFFICERS — PUBLIC, see “ Public Officers.” of the State and its civil divisions to allow use of public build- ings for examinations PAYMENTS FOR SERVICES — how certified POLICEMEN — certain rights of — to be respected L. § 3 L. § 10.. . . L. § 11.. . . Rule i, 11. . Rule vii, 4. L. § 42. . . . L. § 45.. . . Rule xiv, 2 Rule i, 9. . . Rule vii . . . Reg. ix. . . . Reg. v, 4 . . Reg. v, 5. . Reg. xiii . . . L. § 14. . . . Rule iv, 4 . Reg. vii, 6. L. § 13. . . . Rule v . . . . Rule i, 14 . Reg. xii . . . L. § 10.. . . Rule v L. § 18.. . . L. § 60 L. § 21.. . . L. § 11. . L. § 2. . L. § 2.. . Rule i, 3 L. § 11.. .. Reg. xiii. . . L. § 17 Rule xviii. . L. § 17.. . . Rule xiii, 3 Rule xix, 1, 2 Rule xix, 3 . . L. § 5. . Rule xxii L. § 11.. 8 9 O POLITICAL action of any person in service not to be coerced . . assessments prohibited fund; no person in service under any obligation to contribute to, nor shall any one be discharged; promoted or reduced for so doing or refusing to do so opinions or affiliations not to be questioned or to affect appli- cations, competition, eligibility, appointment, promotion, reduction or removal PREFERENCE in appointment and promotion given to soldiers, sailors and marines of the civil war; and refusal to grant the same is a misdemeanor PROBATIONARY TERM — appointments in the classified service to be made for veterans excepted from temporary service not to count as a part of record of service during — to be kept PROFESSIONAL positions of peculiar character may be filled without examination PROMOTION to be based on merit and competition positions to be filled by, when practicable defined increase of salary beyond that of grade to be a not to be made from one group or class to another unless specially authorized persons eligible for when examination not required for records of actual service to be kept for purposes of examinations for is not to be affected by political opinions or affiliations by successive grades PROVISIONAL APPOINTMENTS, pending establishment of eligible lists PUBLIC EMPLOYEE — term defined PUBLIC OFFICERS — term defined duties of — regarding the Civil Service Law and Rules prohibited from using the service as a means of bribery or reward all — and their subordinates to afford Commission facilities in its inquiries PUBLIC BUILDINGS, see “ Buildings, Public.” Page. L. § 25 16 Rule ii, 2 22 L. § 26 17 L. § 25 16 Rule ii, 6 23 L. § 25 16 Rule ii 22 L. § 21 14 L. § 9 7 Rule xii 49 L. § 9 7 Rule xii 49 Rule viii, 8 46 Rule xii, 2 49 L. § 15 11 Rule viii, 5 46 L. § 16 12 L. § 16 12 Rule xiv, 2 50 Rule xiv, 1 £0 L. § 16 12 Rule xiv, 1 50 L. § 16 12 Rule xiv, 3 51 Rule xiv, 5 51 Rule xiv, 5 51 Rule xiv, 7 52 L. § 25 16 L. § 45 19 Rule xiv, 4 51 L. § 15 11 Rule viii, 4 45 L. § 27 17 L. § 27 17 L. § 8 6 Rule ii, 1 22 L. § 27 17 L. § 7 6 REAPPOINTMENT at the end of a fixed term after separation from service to competitive class after service in exempt or non-com- petitive class REGULATIONS FOR STATE SERVICE — Commission to make REGULATIONS, GENERAL Rule viii, 11 Rule xvi Rule xvi, 4 L. §§ 6, 10 5, Rule xxiii 46 50 54 7 62 63 84 Page REINSTATEMENT in service — not to be made from one class to another without special authoiity when allowable to competitive position after service in exempt or non- competitive class certificate for veterans and volunteer firemen to be preferred for REMOVAL from service, of certain classes of persons, to be made only for cause and after a hearing not to be made for political reasons when made by abolition of position, or lack of appropriation name to be entered on suspended list REPEAL of prior Civil Service Laws REPORT of Commission to be made to Legislature annually. . RESIDENCE AND CITIZENSHIP, of applicants RESIGNATION — reduction of compensation of persons entitled to preference to induce resignation is a misdemeanor ROSTER, OFFICIAL — to be kept by all civil service com- missions of State service, how kept RULES of all civil service commissions to have the force and eflect of law for State classified service extended to service of counties SAILORS of civil war given certain preference of civil and Spanish wars and Philippine insurrection can be removed only for cause after a hearing to be transferred when position is abolished list of suspended — to be kept SCIENTIFIC POSITIONS of peculiar character may be filled without examination SEASON POSITIONS defined, and appointment regulated. . . . SECRETARY OF COMMISSION — how appointed has power to administer oaths duties of SECRETARIES of boards, etc., in State service in exempt class. SECURITY by bond may be required of persons appointed to fiduciary positions SERVICE, CLASSIFIED, positions comprised in divided into classes of cities — general provisions for rules for State — to be prescribed no appointments to — unless in accordance with law' SERVICE, UNCLASSIFIED, positions comprised in SOLDIERS of civil war given certain preference of civil and Spanish wars and Philippine insurrection to be removed only for cause after a hearing to be transferred when position is abolished list of suspended — to be kept SPANISH WAR — soldiers, sailors and marines of, to be removed only for cause after a hearing to be transferred w'hen position is abolished L. § 16 12 Rule xvi 53 Rule xvi, 4 54 Rule xvii 54 Rule xvi, 2, 3 53 L. § 22 14 L. § 25 16 Rule ii, 2, 5 22 Rule xvi, 3 53 L 19 I,. § 6 5 Rule iv, 5 24 Rule ix, 2 47 Reg. x 71 L. § 21 14 L. § 19 12 Rule xxi 59 L. § 6 5 L. §§ 6, 9 5, 7 Rule xxiv 62 L. § 21 14 L. § 22 14 L. § 22 14 Rule xvi, 3 53 L. § 15. . 11 Rule viii, 5 46 Rule xiii 50 L. § 4 4 L. § 6 5 Reg. i 63 L. § 13 9 Rule v 24 L. § 14 11 Rule x, 8 48 L. § 9 7 Rule iii, 3 23 L. § 12 9 Rule iii, 3 23 L. § 11 7 L. § 10 7 Rule iv, 2 23 L. § 8 6 Rule iii, 2 23 L. § 21 14 L. § 22 14 L. § 22' 14 Rule xvi, 3 53 L. § 22 14 L. § 22 14 85 SUSPENDED LISTS to be kept TAXPAYER’S action to restrain payment of services illegally rendered TRANSFERS — under what conditions to be made not to be made from one group or class to another without special authority certificates for UNCLASSIFIED SERVICE, see “ Service, Unclassified.” VETERANS — term defined of civil war — preference granted to of civil and Spanish wars and Philippine insurrection — re- moved only under certain conditions to be transferred when position is abolished list of suspended — to be kept compensation of, when reinstated by order of the court WITNESS FEES — amount of, and how to be paid Page. Rule xvi, 3 53 L. § 28 18 Rule xv 52 L. § 16 12 Rule xvii 54 Rule i, 13 22 L. § 21 14 Rule xi, 1 49 Rule xvi, 2, 3 53 L. § 22 14 L. § 22 14 Rule xvi, 3 53 L. § 23 15 L. § 28 18 / I