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CIVIL SERVICE LAW

Laws 1909, Chap. 15.

AN ACT in relation to the civil service of the state of New York

and the civil divisions and cities thereof, constituting chapter seven of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER OF THE CONSOLIDATED LAWS

CIVIL SERVICE LAW

Article 1. Short title; definitions (SS 1, 2).

2. General provisions (SS 3-28).
3. Classification of state employees (SS 40–45).
4. Laws repealed; when to take effect (S$ 60, 61).

ARTICLE 1

Short Title; Definitions Section 1. Short title.

2. Definitions.

§ 1. Short title. This chapter shall be known as the “ Civil Service Law.

§ 2. Definitions. When used in this chapter,
1. The term “commission " or "state conmission”

means the state civil service commission.

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

3. The “civil serviceof 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 cr 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 in any office, court, department, commission, board or institution.

ARTICLE 2

General Provisions Section 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. Attendance of witnesses; fees. 8. Duties of public officers. 9. Unclassified service; classified service. 10. Rules for the classified state service. 11. The classified city service. 12. Classification. 13. The exempt class. 14. The competitive class. 15. Exceptions from competitive examination. 16. Promotion; transfer; reinstatement; reduction. 17. The non-competitive class. 18. The labor class in cities. 19. Official roster; reports of appointing officers. 20. Disbursing officers. 21. Preferences allowed honorably discharged soldiers,

sailors and marines. 22. Power of removal limited. 23. Compensation of veterans reinstated by order of the

courts. 24. Misdemeanor to obstruct right of examination; false

representation; impersonation in examination. 25. Recommendations for appointment or promotion. 26. Political assessments prohibited. 27. Officers or candidates not to promise influence; "pub

lic officer” and “public employee" defined. 28. Taxpayer's action. § 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 ehall 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 dischargu of his duty as a commissioner.

4. Oficers and employees of the commission. The commission 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 chapter, 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, and 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

1. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this chapter 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 chapter shall have the force and effect of law.

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

3. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter 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 chapter, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths.

4. Have power to subpæna 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 a 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.

5. 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 chapter.

6. 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.

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8 7. Attendance of witnesses; fees. Witnesses and officers to subpæna and secure the attendance of witnesses before said commission, shall be entitled to the same fees as are allowed witnesses in civil cases 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 chapter, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission.

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

No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, promotion or instatement except in accordance with the provisions of this chapter and the rules and regulations prescribed thereunder. Any person employed or appointed contrary to the provisions of this chapter or of the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint him, the compensation agreed upon for any services performed under such appointment or employment, or in case no compensation is agreed upon, the actual value of such services, and any expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recovered in any such action.

§ 9. Unclassified service; classified service. The civil service of the state and of each of its civil divisions and cities shall be divided into the unclassified service and the classified service. The unclassified service shall comprise all elective offices, all offices filled by election or appointment by the legislature on joint ballot; all persons ap

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