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APPENDIX C.

(Circular No. 21.)

STATE OF NEW YORK:

OFFICE OF THE CIVIL SERVICE COMMISSION,
ALBANY, N. Y., January 22, 1886.

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SIR: To the end that promotions and examinations therefor may be made in accordance with the rules promulgated by the Governor for the regulation of the Civil Service of the State, the Civil Service Commission respectfully begs leave to invite your attention to Rule XXXII, and especially to that provision of said rule which requires that "there shall be kept in every department, office and institution, proper comparative records of the efficiency, punctuality, attention and general good conduct of all persons employed therein."

If this provision of Rule XXXII has not heretofore been enforced in your department or institution, the Commission respectfully urges a compliance therewith, in order that the examinations therein provided for may be based upon official records of "the efficiency, punctuality, attention and general good conduct" of those named for promotion.

I have the honor to be,
Very respectfully yours,

EDGAR M. JENKINS,
Chief Examiner.

STATE OF NEW YORK:

OFFICE OF CIVIL SERVICE COMMISSION,
ALBANY, January 26, 1886.-

Hon. E. HENRY LACOMBE, Corporation Counsel, New York City: DEAR SIR. In answer to your communication of the twentyfifth instant, I have the honor to state by direction of the Civil Service Commission, now in session here, that recording clerks in the office of the county clerk of New York are not classified under the Civil Service Act and therefore are not included in any schedule. When the classification of the public service was made the act was understood not to embrace by its terms, nor to be intended

to apply to county officials, but only to employes in the State and municipal service. That seems to be the fair construction of the act. Section 6 declares that the classification shall include, "so far as practicable, all subordinate places, clerks and officers in the public service of the State. By section 15 the Commission is authorized to make inquiries and report to the legislature "relative to the methods and amounts of compensation of all county officers and their subordinates in this State."

It is reasonably clear, therefore, that county officials are not by the terms of the statute intended to be subject to Civil Service examinations, and the rules therefore have no application to those officials.

By order of the Commission.

Very respectfully,

CLARENCE B. ANGLE,

Secretary.

STATE OF NEW YORK:

OFFICE OF CIVIL SERVICE COMMISSION, }

ALBANY, January 26, 1886.

GEORGE WALTON GREEN, ESQ., 11 Pine Street, New York City:

DEAR SIR. In answer to your communication of January twenty second, I have to say that the Commission approve of the suggestion that the examinations for court officers, etc., should be held at the time designated.

The Commission are not able, however. to assent to the suggestion that the certificate of qualification should antedate the actual examination of any applicant for the positions indicated, as under the Civil Service rules no appointment can legally be made previous to such examination and certificate. Any such appointee is entitled to draw salary only from the time of his legal entry into the service of the State, which under the rules cannot take place prior to his certified qualification after due examination.

The certificate of qualification should, of course, bear or state the date of examination, from which time the appointee, if actualiy engaged, is entitled to draw salary.

Very respectfully yours,

EDGAR M. JENKINS,
Chief Examiner.

DECISION OF THE STATE CIVIL SERVICE COMMISSION ON THE AMENDMENTS PROPOSED BY THE MAYOR OF BROOKLYN, TO THE RULES AND REGULATIONS OF THAT CITY, FEBRUARY 23, 1886.

OFFICE OF CIVIL SERVICE COMMISSION,
ALBANY, February 23, 1886.

The Honorable DANIEL D. WHITNEY, Mayor of the City of
Brooklyn:

SIR This Commission has given careful consideration to the proposed amendments to the rules and regulations of the Brooklyn Civil Service, submitted by you for its approval at the conference held at the mayor's office, at Brooklyn, on February third, and subsequently_advocated before the Commission at its rooms at Albany, on February fifteenth, by one of the city officials who appeared on your behalf.

In view of the character and effect of some of the changes proposed, and the extent of their departure from the rules and regulations established by the executive authority of this State, and those which in accordance therewith have been adopted by the mayors of Brooklyn and New York, and approved by this Commission, the Commission is inclined to regret that the submission of each proposed amendment has not been accompanied by an assignment in writing of the reasons for the proposed changes. The essential importance of preserving an identity of principle and a proper harmony of methods in the various branches of the public service of the State and of the cities, has been recognized by the Legislature in the acts to regulate and improve the Civil Service, by the State executives in the execution of the law, and by the mayors of cities, especially those of Brooklyn and New York, in the rules and regulations heretofore adopted. The statute devolves upon the State Commission the duty of approving the regulations for cities, and while this duty will always be courteously and fairly performed, with all due respect for the opinions and wishes of mayors and city officials, it must be discharged judicially, and in subordination to the principles declared in the act.

In the consideration of the proposed changes in the rules and regulations of Brooklyn, the Commission has been assisted by the arguments presented and the explanations frankly given by your official representative. His assurance without reserve that the object of you honor in submitting the proposed changes is to facilitate and make more practical and effective the intent of the act, and that no change is sought for by these amendments in opposition to the spirit or letter of the act, enables the Commission to assume that any departure in the amendments from the spirit of the act has arisen from misapprehension or mistake, and that to conform the regulations to the law is the common object of the mayor of Brooklyn and the State Commission. The right to make a change

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