CHAPTER III

OF THE GENERAL LAWS.

SECTION 1. Short title.

2. Definitions.

[Chap. 195 of 1900.]

THE CIVIL Service Law.

3. State civil service commission.

4. Officers and employees of the commission.

5. Rooms and accommodations.

6. The powers and duties of the commission.

7. Duties of public officers.

8. Unclassified service; classified service.

9. Rules for the classified state service.

10. The clasified city service.

11. Classification.

12. The exempt class.

13. The competitive class.

14. Exceptions from competitive examination.

15. Promotion, transfer, reinstatement, reduction.

16. The non-competitive class.

17. The labor class in cities.

18. Official roster; reports of appointing officers.

19. Disbursing officers.

20. Preferences allowed honorably discharged soldiers, sailors and

marines.

21. Power of removal limited.

22. Misdemeanor to obstruct right of examination; false represen

tation, impersonation in examination.

23. Recommendations for appointment or promotion.

24. Political assessments prohibited.

25. Officers or candidates not to promise influence, et cetera; "public officer" and "public employee " defined.

26. Attendance of witnesses; fees.

150

The Civil Service Law.

S$ 1-4

SECTION 27. Taxpayer's action.

28. Saving clause.

29. Repeal.

30. When to take effect.

SECTION 1. Short title.-This chapter shall be known as the civil service law.

§ 2. Definitions.-When used in this chapter,

I. The term "Commission" or "State commission" means the State Civil Service Commission.

2. The term "municipal commission" means the municipal civil service commission of a city.

3. The "civil service" of the state of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division. or city, except such offices and positions in the militia and the military departments as are or may be created under the provisions of article eleven of the constitution.

4. The "state service" shall include all such offices and positions in the service of the state or of any of its civil divisions except a city.

5. The "city service" shall include such positions in the service of any city.

6. The term "appointing officer" signifies the officer, commission, board or body having the power of appointment to subordinate positions to any office, court, department, commission, board, or institution.

§ 3. State civil service commission.-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 political party, as civil service commissioners, and said three commissioners shall constitute the state 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 three thousand dollars a year, and each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. (As amended by chap. 66 of 1900.)

§ 4. Officers and employees of the commission.-The commis

sion may elect one of its members to be president, and may employ a chief examiner, a secretary, and such other officers, clerks and examiners as it may deem necessary or proper to carry out the purposes of this act, and such employees shall hold office during the pleasure of the commission. The chief examiner shall be entitled to receive a salary at the rate of three thousand six hundred dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The secretary, and other officers, clerks and examiners shall receive salaries to be fixed by the commission, and the secretary shall also be paid his necessary traveling expenses incurred in the discharge of his duty. The commission may select suitable persons in the official service of the state or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as examiners under its direction. Persons so selected shall be entitled to compensation from the commission for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in the case of special and expert examiners employed in the preparation of questions and rating of candidates; the commission shall not expend or authorize the expenditure of moneys for any purpose in excess of the sums appropriated therefor by law.

§ 5. Rooms and accommodations.-It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated and lighted, at the capitol in the city of Albany, for carrying on the work and examinations of said commission, and said commission may order the necessary stationery, postage stamps, an official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the duty of the officers of the state of New York or of any civil division thereof, at any place where examinations are directed by the commission or its rules to be held, to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same.

§ 6. The powers and duties of the commission.-The state civil service commission shall

First. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this act and of section nine of article five of the constitution of the state of New York, as herein provided. The rules prescribed by the state and municipal commissions pursuant to the provisions of this act shall have the force and effect of law.

Second. Keep minutes of its own proceedings and records of its examinations and other official action.

Third. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this act and the rules and regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission and any person in the public service, in respect to the execution of this act, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths.

Fourth. Have power to subpoena and require the attendance in this state of witnesses and the production thereby of books and papers pertinent to the investigation and inquiries hereby authorized and to examine them and such public records as it shall require in relation to any matter which it is required to investigate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legislative law upon the committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production thereby of books and papers as aforesaid.

Fifth. 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, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.

Sixth. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum.

§ 7. Duties of public officers.--It shall be the duty of all officers of the state of New York or of any city or civil division thereof to conform to and comply with and to aid in all proper ways in carrying into effect the provisions of this act, and the rules.