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11. Rule 10 shall apply to common labor only.
12. In all cases where requisition is made for Laborer with special qualifications, the Labor Clerk, in filling same, shall be instructed to determine, first, whether the specifications are cove ered by any subdivision, and, if such be the case, he shall ascertain if any one registered upon the eligible list of that subdivision is willing to accept the position as stated in the requisition; if so, he shall certify the one standing highest on the list. Should no one be willing to accept the position then, and then only, shall certification be made from the subdivision of common Laborer.
1. A person who has once been registered and has been employed and discharged may be reinstated on the eligible list in order of his original registration if he was not discharged for misconduct or unfitness.
2. A person who has been discharged for misconduct or unfitness shall not be allowed to register again for a period of six months from such discharge, and then only upon proof that the cause of discharge does not then exist.
3. The head of a Department may properly make promotion in the Labor Service (Schedule G), but transfers from one position to another not in the nature of promotion shall only be made on the approval of this Board.
Extract from the Constitution of the State of New York; Section 9,
Article v. 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 sailors 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.
NEW YORK STATE CIVIL SERVICE ACT, WITH
AMENDMENTS TO JANUARY 1, 1895. Laws of 1883, chapter 354.– An Act to regulate and improve the
Civil Service of the State of New York. Commission created; commissioners, appointment of, etc.Section 1. The Governor is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the New York 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 $2,000 a year. And each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner.
Duties of commission; rules, what to provide for.— § 2. It shall be the duty of said commission:
First. To aid the Governor, as he may request, in preparing suitable rules for carrying this act into effect; and when said rules shall have been promulgated, it shall be the duty of all officers of the State of New York, in the departments and offices to which any such rules may relate, to aid, in all proper ways, in carying said rules, and any modification thereof, into effect.
Second. And, among other things, said rules shall provide and declare, as nearly as the condition of good administration will warrant, as follows:
1. For open competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character and, so far as may be, shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed.
2. All the offices, places and employments so arranged or to be arranged in classes shall be filled by selections from among those graded highest as the results of such competitive examinations.
3. There shall be a period of probation before any absolute appointment or employment aforesaid.
4. Promotions from the lower grades to the higher shall be on the basis of merit and competition.
5. No person in the public service 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 to do so.
6. No person in said service has any right to use his official authority or influence to coerce the political action of any person or body.
7. There shall be noncompetitive examinations when competition may not be found practical.
8. Notice shall be given in writing by the appointing power to said commission of the person selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such person after probation, of transfers, resignations and removals, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.
Third. Said commission shall, subject to the rules that may be made by the Governor, make regulations for, and have control of such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings.
Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effect of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act; and, in the course of such investigations, each commissioner and their secretary shall have the power to administer oaths.
Fifth. Said commission shall make an annual report to the Governor for transmission to the Legislature, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.
Officers must report, etc.— 8 7. No officer or clerk shall be appointed and no person shall be admitted to or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. No elective officer, and no person merely employed as a laborer or workman, shall be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate, be required to be classified or to pass an examination. It shall be the duty of each state officer or board of state officers appointing or employing any officer, clerk or other person, in the public service of the state, in either of said classes, forthwith on such appointment or employment, to report to the civil service commission the name of such appointee or employe, the title or character of his office or employment, and the date of the commencement of service by virtue thereof; and, forthwith, on the termination of such service to report to said commission the fact and date of such termination. It shall be the duty of said commission to keep in its office a complete record, open to public inspection at all reasonable hours, of all officers, clerks and other persons in the public service of the state, in either of said classes, appointed or employed therein in pursuance of law, and of the rules and regulations made in pursuance of law, showing in each case the title or character of the office or employment, and the date of the commencement of service by virtue thereof; and also a complete record, so far as practicable, in like manner, of all officers, clerks or other persons in the public service of the state, in either of said classes, appointed or employed therein in violation of law, or of the rules and regulations made in pursuance of law. It shall be the duty of the said commission to certify to the comptroller the name of every officer, clerk or other person in the public service of the state, in either of said classes, appointed or employed therein in pursuance of law and of the rules and regulations made in pursuance of law, stating in each case the title or character of the office or employment, and the date of the commencement of service by virtue thereof; and, in like manner to certify to the comptroller, the name of each officer, clerk or other person in the public service of the state, in either of the said classes, appointed or employed therein in violation of law or of the rules or regulations made in pursuance of law; and to certify to the comptroller, in like manner, every change occurring in any such office or employment forthwith, on the occurrence of the change. It shall be unlawful for the comptroller to draw his warrant for the payment of any salary or compensation to any officer, clerk or other person in the public service of the state, in either of said classes, who is not so certified as having been appointed or employed in pursuance of law and of the rules and regulations made in pursuance of law. Any officer, clerk or other person entitled to be certified by the said commission to the comptroller as having been