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CITY CIVIL SERVICE ACT.
Chapter 313, of the Laws of 1895, App. April 19 and Pub. April 29. (As Amended by Chapter 218, of the Laws of 1897,
App. April 12, and Pub. April 13.)
AN ACT to regulate the civil service of cities.
sembly, do enact as follows: SECTION 1. The Mayor of each city in this state, of the first class, or of the second class, as defined by Section 1, of Chapter 312, of the general laws of Wisconsin enacted in 1893 whether such city be incorporated by special act of the Legislature or under the general laws of the state, shall, before the fifteenth day of June, A. D. 1895, or the fifteenth day of June in the year next following the first state or national census, showing such city to belong to either said first or said second class, appoint four persons, citizens and residents of said city, who shall constitute and be known as the Board of City Service Commissioners of such city, and shall designate one of the persons so appointed to serve for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, from the first Monday of July in the year of their appointment and until their respective successors are appointed and qualified; and in each and every year after such first appointment, the Mayor shall, in like manner, in the month of June, appoint one person as the successor of the Commissioner whose term shall expire in that year, to serve as such Commissioner for four years from the first Monday of July then next ensuing, and until his successor is appointed and qualified. Three Commissioners shall constitute a quorum necessary for
the transaction of business. Any vacancy in the office of Commissioner occurring during the term shall be filled for the unexpired term by appointment by the Mayor and all appointments, both original and to fill vacancies, shall be so made that not more than two Commissioners shall at the time of the appointment be members of the same political party. Said Commissioners shall hold no lucrative office or employment under the United States, the State of Wisconsin, or any municipal corporation or political division thereof, and each Commissioner shall, before entering upon the discharge [of the duties] of his office and within ten days after receiving notice of his appointment, take and subscribe the oath of office prescribed by the constitution of this state, and file the same duly certified by the officer administering it with the [City] Clerk of his city, and no salary or other compensation for his services shall be paid to any such Commissioner. SEC. 2.
[As amended by Section 1, Chapter 218, of 1897.] The said Commissioners shall make rules adapted to carry out the purposes of the act and not inconsistent with its provisions, for the examination and selection of persons to fill offices and positions in the service of their respective cities, which are required to be filled by appointment, and for the selection of persons to be employed in the service of such city. All rules so made shall be subject to the approval of the Mayor of the city, and they may with like approval be from time to time altered or rescinded by said Commissioners. The said Commissioners shall supervise the administration of the rules so established.
SEC. 3. The rules mentioned in Section 2 of this act may be made from time to time:
Ist. For open, competitive and other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all citizens of the United States, with proper limitations as to residence, age, health, sex, habits and moral character.
2nd. For the filling of vacancies in offices and places of employment in accordance with the results of such examinations, and for the selection of persons for public employment in accordance with such results, or otherwise as may seem most desirable to carry out the provisions of this act.
3rd. For promotions in office or positions on the basis of ascertained merit and seniority in service, and examination as may seem desirable.
4th. For a period of probation before an appointment or employment is made permanent.
All rules made as provided in this act and all changes therein shall forthwith be printed for distribution by said Board.
Sec. 4. From and after the adoption of such rules, all appointments to subordinate offices, positions and employments in the several departments of the service of such city which are subject to such rules, shall be made by the respective heads of such departments under and in conformity with the provisions of such rules, and such heads of departments shall respectively have power to remove or discharge at pleasure any person holding any subordinate office, position or employment in their respective departments.
SEC. 5. All applicants for offices, places or employments in the civil service of such city, except those mentioned in Section 6, shall be subject to examination under and in accordance with the rules so made by said Commissioners. Such examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the particular service to which they seek to be appointed, and shall include tests of physical qualifications and health, and, when appropriate, of manual skill. No question in any examination shall relate to political or religious opinions or affiliations, and no appointment or selection to an office or for employment within the scope of the rules established as aforesaid shall be in any manner affected or influenced by such opinions or affiliations.
Sec. 6. Officers who are elected by the people, or who by statute are required to be elected by the city council, inspectors and clerks of election, members of any board of education, the superintendents and teachers of schools, heads of any principal departments of the city, all members of the law, fire and police departments, offices and clerks for the faithful discharge of whose duties a superior officer is required to give bond, one private secretary of the Mayor, and any other officers, clerks or employes in the service of the city whose positions, in the judgment of the said City Service Commissioners, can not, for the time being be subjected, with advantage to the public service, to the general rules prepared under this act, shall not be affected as to their election, selection or appointment, by such rules made by said Commissioners.
Sec. 7. Every application, in order to entitle the applicant to appear for examination, or to be examined, must state the facts under oath on the following subjects: (1) full name, residence and postoffice address; (2) citizenship; (3) age; (4) place of birth; (5) health and physical capacity for the public service; (6) previous employment in the public service; (7) business or employment and residence for the previous five years; (8) education. Such other information shall be furnished by the applicant as may reasonably be required by the Board touching the applicant's fitness for the public service.
Sec. 8. [As amended by Sec. 2, Chapter 218 of 1897.] The said board shall appoint a chief examiner, whose duty it shall be, under its direction, to superintend any examinations held in such city under this act and who shall perform such other duties as the board shall prescribe. Such chief examiner shall be ex-officio secretary of the board, and under the direction of such board he, as such secretary, shall keep and record minutes of its proceedings, preserve all reports made to it, keep a record of all examinations held under its direction, and perform such other duties as the board may from time to time prescribe. Such chief examiner shall receive a salary to be fixed by said board at a sum not exceeding the rate of fifteen hundred dollars per annum, which shall be paid monthly by the city treasurer on the certificate of the president of said board countersigned by the city comptroller. He shall be subject to removal at any time by said board. The said board may also incur such expenses for clerk hire, printing, stationery and other incidental matters as it shall deem necessary; provided, however, that the total amount of all expenditures by it incurred during any year, including the compensation of the chief examiner, clerks and other employes, shall not exceed the amount of the special fund herein provided and known as "the city civil service fund." [Additional provisions are contained in the following Section of
said Chapter 218 of the Laws of 1897, to-wit:]
From and after the passage and publication of this act, the common council shall levy and collect annually, upon all taxable property of the said city, at the same time and in the same manner as other city taxes are levied and collected by law a special tax not exceeding one thirty-fifth of a mill upon each dollar of the assessed value of said taxable property, the amount of which shall be determined by said board of city service commissioners and certified by it to the common council and to the