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upon the register as candidates in the order of their relative excellence as determined by examination, without reference to pricrity of time of examination.
Sec. 12. [As amended by Sec. 5, Chap. 218, of 1897.] Immediate notice in writing shall be given by the appointing power, to said board of city service commissioners, of all appointments, permanent or temporary, made pursuant to this act and the rules made and established under the same, in those branches or departments of the civil service of such city which are subject to this act and the rules of said board, and of all transfers, promotions, resignations, other changes or vacancies from any cause in such branches or departments of the city service, and of the date thereof, and a record of the same shall be kept by said board.' When any office or place of employment, subject to such rules, is created or abolished, or the compensation attached thereto is altered, the officer or board making such change shall immediately report the same in writing to said board of commissioners.
Sec. 13. Said Board of Commissioners shall, on or before the 15th day of March in each year, make to the Mayor for transmission to the City Council, a report showing its own action, the rules in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. The Mayor may require a report from said Board at any other time.
Sec. 14. All officers of any such city shall aid said Board in all proper ways in carrying out the provisions of this act, and, at any place where examinations are to be held, shall allow the reasonable use of the public buildings for holding such examinations. The Mayor of each city shall cause suitable rooms to be provided for said Board at the expense of such city; and a sufficient sum of money shall be appropriated each year by each city to carry out the provisions of this act in such city.
Sec. 15. No person or officer shall willfully and corruptly, by himself or in co-operation with one or more other persons, defeat, deceive or obstruct any person in respect to his or her right of examination, or corruptly or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in so doing or willfully or corruptly make any false representations concerning the same or concerning the person examined, or willfully or corruptly furnish to any person any special or secret information for the purpose either of improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed or promoted.
Sec. 16. [As amended by Sec. 6, Chap. 218, of 1897.] No comptroller or accounting or auditing officer of such city shall allow the claim for services of any person employed in the public service in violation of the provisions of this act or of the rules made and established by the board of city service commissioners pursuant to this act.
Sec. 17. The Board of City Service Commissioners shall certify to the Comptroller all appointments to offices and places in the civil service of the city, subject to their rules, and all vacancies occurring therein, whether by dismissal, resignation or death. No Comptroller of any such city shall approve the payment of or be in any manner concerned in paying any salary or wages to any person, subject to such rules, for services as an officer or employe of such city, before the appointment of such person to the city service has been certified by the Board to the Comptroller, nor after the vacation of such person's office or employment shall have been so certified.
Sec. 18. No Paymaster, Treasurer or other officer or agent of such city shall willfully pay, or be in any manner concerned in paying, any person subject to the rules adopted by said Commissioners under this act any salary or wages for services as an officer or employe of such city, before the appointment of such person to the civil service of such city has been certified by the Board to the Comptroller, nor after the vacation of such person's office or employment shall have been so certified.
Sec. 19. Any person who shall willfully, or through culpable negligence, violate any provision of this act or any rule promulgated in accordance with the provisions thereof, shall be guilty of a misdemeanor, . and shall, on conviction thereof, be punished by a fine of not less than fifty dollars, and not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment in the discretion of the court.
Sec. 20. If any person shall be convicted under the next preceding section, any public office which such person may hold shall, by force of such conviction, be rendered vacant, and such person shall be incapable of holding office for the period of five years from the date of such conviction.
Sec. 21. Prosecutions for violations of this act may be instituted either by the Attorney-General, the state's attorney for the county in which the offense is alleged to have been committed, or by the Board
acting through special counsel. Such prosecutions shall be conducted and controlled by the prosecuting officers who institute them, unless they request the aid of other prosecuting officers.
[Additional provisions are contained in the following Sections of
said Chapter 218 of the Laws of 1897, to-wit:)
Sec. 7. It shall be the duty of every board of city service commissioners appointed under and in pursuance of the provisions of said chapter 313, of the laws of 1895, to investigate the enforcement of said act and of its rules adopted in accordance with its provisions to carry out the purposes of said act and the action of the examiners in said act provided for, and the conduct and action of the appointees in the official service in its city, and may inquire as to the nature, tenure and compensation of all offices and places in the public service thereof. In the course of such investigations each commissioner shall have power to administer oaths and said board shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation.
Sec. 8. Any person who shall be served with a subpoena to appear and testify, or to produce books and papers, issued by the board of city service commissioners in the course of any investigation conducted under the provisions of section 6 , of this act, and who shall refuse or neglect to appear and testify or to produce books and papers relevant to such investigation, as commanded in such subpoena, shall be guilty of a misdemeanor, and shall on conviction be punished by fine or imprisonment or both in the discretion of the court, as provided in and by section 19, of the said act hereby amended. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this state, and shall be paid from the appropriation for the expenses of the board. Any circuit court of this state, or any judge thereof, whether in term time or vacation, upon application of the board, may compel the attendance of witnesses, the production of books and papers and giving of testimony before the board by attachment for contempt or otherwise, in the same manner as the production of evidence may be compelled before said court. Every person who, having taken an oath or made affirmation before a commissioner in the course of such an investigation, shall swear or affirm willfully, corruptly and falsely, shall be guilty of perjury, and upon conviction shall be punished accordingly.
Sec. 9. No officer or employe of such city shall discharge, or degrade, or promote, or in any manner change the official rank or compensation of any other officer or employe, or promise or threaten to do so, for giving or withholding any contribution of money or other valuable thing for any party or political purpose, or for refusal or neglect to render any party or political service.
Sec. 10. No applicant for appointment in such official service, either directly or indirectly, shall pay or promise to pay any money or other valuable thing to any person whomsoever, for or on account of his appointment or proposed appointment, and no officer or employe shall pay or promise to pay, either directly or indirectly,. to any person any money or other valuable thing whatever for or on account of his promotion.
Sec. 11. No person while holding any office in the government of such city, or any nomination for, or while seeking a nomination for, or appointment to, any such office, shall corruptly use, or promise to use, either directly or indirectly, any official authority or influence 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 nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last named person or any other shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration.
Sec. 12. Any acts and parts of acts conflicting with the provisions hereof are hereby repealed.