§§ 44, 45 Classification of State Employees L. 1909, ch. 15 Superintendents of state hospitals are not empowered to pay extra compensation to clerks employed in such institutions for services in assisting superintendents in performing their duties as treasurers. Op. Atty.-Gen. (1903) 453. § 44. Temporary service. All departments, bureaus, commissions or offices which have been granted an appropriation for temporary clerical service, may appoint in accordance with the provisions of this article employees in any of the grades heretofore specified below the eighth grade, which employees shall be paid from the special appropriation made for such purpose, but from no other fund. This is substantially section 5 of L. 1901, ch. 521. It is here consolidated for the first time. Exemption of temporary appointees from competitive examination: supra, § 15. Probationary appointments: see supra, § 9. gee Status of temporary appointments.- Temporary appointments cannot in any way ripen into permanent appointments, as such a result would defeat the entire scheme of the civil service, and nullify the constitutional provisions relative thereto. Darling v. Maguire, (1911) 70 Misc. 597, 129 N. Y. S. 385; People v. Scannell, (1899) 66 N. Y. S. 182; People v. Lantry, (1900) 32 Misc. 80, 66 N. Y. S. 185. § 45. Appointments and promotions. Original appointment to the position of clerk, bookkeeper, stenographer, copyist or messenger shall be made so far as practicable to the lowest grade established in the department, bureau, commission or office in which the appointment is made, and no position above such grade shall be filled by original appointment of a person not in the service, if there is employed in the same office or department in a similar position in a lower grade any person who is competent to perform the duties of the higher position who can be promoted. Promotion shall be made by successive grades so far as practicable, and no person shall be promoted to a position in the higher grade who has not served at least six months in the next lower grade. This is section 6 of L. 1901, ch. 521. It is here consolidated for the first time. Increase in salary as constituting promotion.-"The increase in salary called a promotion is an increase beyond the maximum for the grade in which the position is classified. The important fact is that by the increase the man receives a salary larger than can properly be paid to one holding his position. The fact that he formerly had a less salary than the one which might have been paid to one in his position, is not made controlling by the law." People v. Knox, (1901) 58 App. Div. 541, 69 N. Y. S. 602, affirmed (1901) 167 N. Y 620, 60 N. E. 1118. See supra, § 16, note. LAWS REPEALED; WHEN TO TAKE EFFECT Section 60. Laws repealed. 61. When to take effect. §§ 60, 61 § 60. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 61. When to take effect. This chapter shall take effect immediately. Notes to Schedule of Repeals L. 1909, ch. 15 NOTES TO SCHEDULE OF REPEALS Prepared by the Board of Statutory Consolidation and printed in their report of 1907, at page 474. L. 1899, Ch. 370. This statute, which is the "old" Civil Service Law, is recommended for repeal because its live provisions are consolidated in the Civil Service Law. L. 1900, Ch. 66. of Article 2. L. 1900, Ch. 675. Consolidated in Civil Service Law, § 3. Consolidated in Civil Service Law, § 11. Consolidated in Civil Service Law, §§ 40-45. Temporary provisions omitted. L. 1901, Ch. 521. L. 1901, Ch. 533. Section 2 amended so as to read as follows by L. 1904, Ch. 637, § 1. See note 3 for disposition of § 1. L. 1902, Ch. 270. Section 1, pt., amended so as to read as follows by L. 1904, Ch. 697, §8 1. Remainder consolidated in Civil Service Law, §§ 9, 21. L. 1902, Ch. 355. L. 1904, Ch. 637. L. 1904, Ch. 697. Consolidated in Civil Service Law, § 15. APPENDIX RULES FOR THE CLASSIFIED CIVIL SERVICE* STATE OF NEW YORK -THE CIVIL SERVICE COMMISSION ALBANY, June 3, 1915. The Civil Service Commission hereby certifies that, in compliance with the provisions of article V, section 9, of the Constitution and of chapter 15 of the Laws of 1909 of the State of New York, the following rules for the regulation of the classified civil service of the State of New York and the civil divisions thereof have been duly prescribed. [L. 9.] SAMUEL H. ORDWAY, WILLARD D. McKINSTRY, State Civil Service Commissioners. Rule I. Definition of Terms The several terms hereinafter mentioned, whenever used in these rules or in any regulations thereunder, shall be construed as. follows: 1. Chapter 15 of the Laws of 1909 shall be known as the "Civil Service Law." 2. The term "commission " or "state commission " service commission. means the state civil 3. The term "municipal commission " means the municipal civil service ommission of a city. 4. 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 XI of the constitution. 5. 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. 66 6. The city service" shall include such positions in the service of any city. 66 7. 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. 8. The term "class" refers to the divisions of the classified civil service based upon the distinctive methods of appointment to the positions comprehended therein. 9. The term " group" refers to the divisions in a class based upon the character of the duties of the positions, without regard to the salaries received. 10. The term "subdivision" refers to the divisions of positions in a group more specially arranged according to details for the purpose of examinations, identical in whole or in part. 66 11. The term grade" refers to the divisions of any group or subdivision upon the basis of salary or compensation received. 12. The word "compensation" shall be construed as the annual salary of the position or its equivalent when stated by the day, week or month, and shall inelude proper commutation for lodgings and board, or either, when * 66 The rules prescribed by the state and municipal commissions pursuant to the provisions of this chapter shall have the force and effect of law." Civil Service Law, 6. ante. p. 17. Rules for Classified Civil Service the same are furnished free as a part of such compensation, and such rate of commutation shall be fixed by regulation of the commission. 13. The term "veterans" refers to 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. 14. The terms "laborer" and 66 unskilled laborer are used synonymously and shall be construed as applying only to persons employed as ordinary laborers, and shall not include mechanics, artisans, tradesmen and other skilled laborers, and no person shall be deemed a "laborer" who receives a compensation greater than two dollars for each day of actual service or sixty dollars per month, unless facts relating to the work done by such person are presented to the commission showing that such work is that of an ordinary unskilled laborer. 15. The masculine pronoun "he" and its derivatives shall include the feminine pronoun "she" and its derivatives. 16. Whenever in these rules there is a direction that the commission shall report any matter to the legislature it shall be construed as referring to the next ensuing annual report of the commission to the legislature, as required by law. Rule II. General Provisions 1. The violation of any of the provisions of the Civil Service Law or of these rules by any person in the civil service of the state or of any civil division or city thereof shall be considered a good cause for the dismissal of such person from the service. People v. Milliken, (1906) 185 N. Y. 35, affirming 110 App. Div. 579, 79 N. Y. S. 223. 2. No person in the civil service of the state or of any civil division or city thereof shall use his official authority or influence to coerce the political action of any person or body; or shall dismiss or cause to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of, any person in such service, because of his political opinions or affiliations. 3. No question in any examination, or form of application or other proceeding by or under the state commission or any municipal commission or their examiners shall be so framed as to elicit information concerning, nor any other attempt be made to ascertain the political opinions or affiliations of any applicant, competitor or eligible, and all disclosures thereof shall be discountenanced by the commission and its examiners, and no discrimination shall be exercised, threatened or promised against or in favor of any applicant, competitor or eligible, because of his political opinions or affiliations. 4. No recommendation of an applicant, competitor or eligible involving any disclosure of his political opinions or affiliations shall be received, filed or. considered by the commission, by an examining board, or by any nominating or appointing officer. 5. No appointment or selection to or removal from an office or employment within the scope of any rules established under the Civil Service Law shall be in any manner affected or influenced by any political opinions or affiliations. 6. No person in the civil service of the state or of any civil division or city thereof shall be obliged to contribute to any political fund or to render any political service; nor shall any such person, directly or indirectly, use his authority or official influence to compel or induce any other person in such service to pay or promise to pay any political assessment, subscription or contribution. 7. In making removals or reductions, or in imposing penalties for delinquency or misconduct, in the state service or city service penalties like in character shall be imposed for like offenses and action thereon shall be taken irrespective of the political opinions or affiliations of the offenders. |