« AnteriorContinuar »
seek to enter, and for this purpose he shall from time to time employ suitable persons to conduct such inquiries and make examinations, and shall prescribe their duties and establish regulations for the conduct of persons who may receive appointments in the said service. And the regulations so to be prescribed shall, among other things, provide and declare as in the second subdivision of the second section of this act is provided and declared in reference to regulations for admission to the civil service of the state. Within two months after the passage of this act, it shall be the duty of each of said mayors in and by such regular tions to cause to be arranged in classes the several clerks and persons employed or being in the public service of the city of which he is mayor, and he shall include in one or more of such classes, so far as practicable for the purposes of the examination herein provided for, all subordinate clerks and officers in the public service of the said city to whom his power under this act extends. After the termination of three months from the passage of this act 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 exempted from such examination, in conformity with such regulations. Such regulations hereafter prescribed and established, and any subsequent modification thereof, shall take effect upon the approval of the New York Civil Service Commission. Officers elected by the people, and the subordinates of any such officer for whose errors or violation of duty said officer is financially responsible, and the head or heads of any department of the city government, and persons employed in or who seek to enter the public service under the educational departments of any city, and any subordinate officer who by virtue of his office has personal custody of public moneys or public securities, for the safe keeping of which the head of an office is under official bonds, shall not be subject to the regulations prescribed pursuant to this section, nor shall any regulations contravene an existing statute relating to entrance to said service. It shall be the duty of all those in the official service of any such city to conform to and comply with any regulations made pursuant to this act, and to aid and facilitate in all reasonable and proper ways the enforcement of all regulations and the holding of all examinations which may be required under the authority conferred by this section. But the authority by this section conferred shall 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. And all examinations herein authorized shall be public, and all regulations 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 commission and its agents ; and said commission shall set forth in its reports 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 regulations made under the authority hereby conferred.*
$ 9. No recommendation of any person who shall apply for office or place under the provisions of this act, which may be given by any senator or member of assembly, or officer confirmed by the senate, or judge of any court, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act.
(§ 10 repealed by $ % of chap. 357, passed May 29, 1884).
+ $ 11. No officer, agent, clerk or employee under the government of the state of New York or any political division thereof shall directly or indirectly use his authority or official influence to compel or induce any other officer, clerk, agent or employee under said government, or any political division thereof, to pay or promise to pay any political assessment. Every said officer, agent or clerk, who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division thereof, is hereby authorized to prohibit the entry of any person, and he shall not consent that any person enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment; 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 collecting, nor shall any person therein give notice of, demand, collect or receive any such assessment; 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 act, under the government of the state of New York, or that of any political division thereof, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment of any said officer, agent or employee.
I $ 12. Any person who shall be guilty of violating any provision of the last section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.
* See section 3 of chapter 410, passed May 29, 1884. +As amended by section 3 of chapter 357, passed May 24, 1884. * As amended by section 4 of chapter 357, passed May 24, 1884.
§ 13. No recommendation or question under the authority of this act shall relate to the political opinions or affiliations of any person whatever.
§ 14. 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 indirectly, 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 nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or act tion 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 indirectly, 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. And every person found guilty of such bribery or of an attempt to commit the same, as aforesaid, shall, upon conviction 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 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 political division thereof, or by fees or otherwise; and the phrase “public employee” sball be held to include every person not being an officer who is paid from any said treasury.
§ 15. A majority of the members of said board shall constitute a quorum, but a less number may adjourn from day to day. Said commission, when organized, shall immediately inquire into the methods of appointment, removal, terms of service, duties, compensation and numbers of all clerks, employees or subordinate officers of any nature whatsoever, either of this state or of cities or counties therein, having a population exceeding fifty thousand inhabitants, who are not, by existing laws, appointed by the governor of the state or by the mayor of any city, or elected by the people ; and whether the action of political parties or the public acts of official servants are in any wise affected, and if so to what degree, by the present methods of such appointments, tenure of office, removals and compensations, and whether the public interest would or would not be advanced by prescribing competitive tests or standards of appointment for any or all of such subordinate public servants, in addition to those who are hereinbefore included, and if so, the nature and extent of such tests or standards; and whether any abuses exist in connection with the existing practices touching said appointment, tenures, compensations or removals that require reform, or that may be abated by legislation or otherwise. Said commission may also further extend its inquiries so far as to enable it to report whether any, and if so what legislation is expedient, relative to the methods and amounts of compensation of all county officers and their subordinates in this state.
* $ 16. Said commission shall have like power to secure, by its subpæna, the attendance and testimony of witnesses, and the production of books and papers pertinent to the investigations and inquiries hereby authorized, to that prescribed in and by chapter three hundred and fifty-three of the laws of eighteen hundred and eighty-two, for the commission thereby constituted in the execution of its duties as in said act last mentioned ; and witnesses and officers to subpoena and secure the attendance of witnesses before said commission shall be entitled to the same fees as are allowed witnesses in civil suits 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 of 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 act, and give inspection to said board of all books, papers and documents belonging or in any wise appertaining to their respective offices, and also shall produce said books and papers, and shall attend and testify when required to do so by said commission.
§ 17. Said commissioners herein before named, or in case of vacancy from among their number by declination, resignation or otherwise, a successor commissioner to be appointed by the governor, shall qualify by filing with the secretary of state an oath to perform faithfully the duties of such commissioner. Each commissioner shall receive the compensation herein before provided, together with his actual traveling expenses in the discharge of his duties as such commissioner. The said salaries and expenses, together with the other necessary expenses
* As amended by section 5 of chapter 357, passed May 24, 1884.
of said board, to be approved by the comptroller and thereafter paid out of the treasury of this state ; and the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the purposes stated in this act.