orne a | Vv Cc JK3441 . + rt | iii i! i ry 19 is: Givi 3 1924 030 490 142 oli Oo 5 STATE OF NEW YORK > EXECUTIVE CHAMBER REPORT "RECONSTRUCTION COMMISSION GOVERNOR ‘ati E. SMITH RETRENCHMENT: REORGANIZATION N Ah se GOVERNMENT OCTOBER 10, 1919 ALBANY . J. B. LYON COMPANY, PRINTERS, y t9n9 STATE OF NEW YORK EXECUTIVE CHAMBER REPORT OF RECONSTRUCTION COMMISSION TO GOVERNOR ALFRED E. SMITH ON RETRENCHMENT Sy AND REORGANIZATION IN THE STATE GOVERNMENT OCTOBER 10, 1919 ALBANY J. B. LYON COMPANY, PRINTERS 1919 ce of Q! Co pO UNE Veda yy Ie Ryb ay A4boq 44 INTRODUCTORY STATEMENT BY THE GOVERNOR New York State appropriations have doubled in the last five years. This year the Legislature passed bills carrying appropriations of approximately $100,000,000. I vetoed bills carrying appropriations of approximately $5,000,000. With the time and force at my disposal and under the present organization of state departments and the present budget system, I was unable to effect greater savings without bringing serious hardship upon essential departments and activities. In approving appropriations of $95,000,000 to earry on the state gov- ernment for the present year, I did not imply in any way that this entire sum would be required, if we had a simple, understandable and respon- sible government. Many years of experience in the Legislature and my experience as Governor have impressed me with the necessity of simplify- ing the government of this State. The people must give the Governor authority if they want to hold him responsible. The people of this State think that the Governor has control over administration. As a matter of fact he is constantly being charged with responsibility for administrative activities over which he has no control. The voters of this State should ask themselves these questions: 1. How can a Governor be responsible for the administration of over one hundred and fifty agencies scattered all over the State and directed by boards, commissions and individuals whom the Governor in most cases does not appoint and cannot remove? 2. How can a Governor be responsible for appropriations and the amount of State taxes when he has practically no power in making the budget, except the power of veto, which power, as existing, compels the Governor to accept an item in toto or reject it entirely? With the idea of presenting this problem to the people, I asked the Reconstruction Commission, a non-partisan body which I appointed last January, to make a report on retrenchment and reorganization in the state government. This report, which follows, recommends the eonsoli- dation of numerous state departments and the introduction of an executive budget system, and makes recommendations regarding state printing, salaries and pensions. J am entirely in accord with these suggestions. As a member of the Constitutional Convention, I urged that provisions be made for a modern state budget system, and for the consolidation of departments and T voted for the plan of consolidation which was sub- (iii) iv Inrropuction mitted by the convention to the people, although I did not agree with some features of the plan. I believe that the defeat of this plan was due primarily to opposition to other features of the Constitution, par- ticularly to the article referring to apportionment. I believe that the plan of the Reconstruction Commission is simpler and more thoroughly explained and worked out, and I urge the people of the State and the Legislature to give this plan their careful consideration. The Governors of many other States of the Union have stated that they face the same need of simplification of the state government. The report of the Reconstruction Commission is to a considerable extent based on the experience of Illinois and other States, which have con- solidated and simplified their governments. I mention this only to show that there is nothing new or experimental in the proposals which are made in the report submitted to me. It has been found necessary to introduce an income tax in this State in order to meet our financial needs. It is obvious that increases in appro- priations will be paid out of incomes. It is impossible to avoid con- siderable increases unless some plan of retrenchment such as herein pro- posed is adopted. I am convinced that the people of this State will favor the plan here proposed if they will examine it carefully, and that the Legislature will find that this plan will lay the foundations for better relations between the legislative and executive branches of the government. (Signed) ALFRED E. SMITH. LETTER OF TRANSMITTAL Hon. Atrrep E. Smitu, Hxecutive Chamber, Albany, N.Y. Your Excellency: Among the subjects which you requested this Commission to investigate was that of retrenchment. Herewith we transmit to you our report on Retrenchment and Reorganization in the State Government. A public hearing on the complete draft of this report was held in New York City on September 24, 1919. Numerous department heads, civic and charitable agencies, chambers of commerce and individual citizens expressed themselves at the hearing or in writing as approving of the principles and proposals in the plan. Exception has been taken to rela- tively few detailed recommendations. As a result, changes have been made in some cases. However, we realize that the recent distribution of a limited number of advance copies is only a step toward the complete and thorough discussion of the report which we anticipate. (Signed ) Asram I. Exrxus, Chairman N. Y. State Reconstruction Commission Dr. Fetrx ADLER. Joun G. Acar. ‘Bernwarp M. Barucu. J. M. Brecxunry. Epwarp F. Boye. Perrr J. Brapy. Mrs. Lewis S. CHANDLER. Dr. Henry Dwicur CHAPIN. Appison B. Cotvin. Mrs. Sara A. Consoy. Henry Evans. Micuart FrRiepsam. Mrs. Witziam H. Goon. Joun AtAn HamMILron. Mrs. Harry Hasrinas. ALFRED J. JOHNSON. Gerrit Y. Lansina. Atrrep E. Martine, Chairman Committe on Retrenchment Jonn OC. McCatt. Norman E. Mack. V. Everir Macy. Ricuarp S. Newcomse. Wirutram M. K. Oxcort. Tuomas V. Patterson. Grorce Foster PEABopy. Tuomas J. QUINN. Cuarues H. Sasrn. Mortimer L. Scuirr. Orro B. SHULHOF. Mrs. Water W. Sree ez. Cuarizts P. STEINMETZ. M. Samve. STERN. ARTHUR WILLIAMS. Mrs. Henry Mosxowrrz, Secretary. [v] STAFF OF THE COMMITTEE ON RETRENCHMENT The preparation of this report has been in the hands of a staff under the direction of Mr. Robert Moses. The staff was organized as follows: Chief of Staff Rozserr Mosss Assistant Chief of Staff Cuannine E, SwErtzer Staff Members Mokrzis B. Lamsip Arruur E. Buck Ricuarp Maoxkewziz Joun M. Gaus Joun H. JoHNSon Grorgre CaRRINGTON ANNE Paae Sepitzy H, Puinney Renéxz SELIGMAN The Staff was very materially assisted by state and city officials and members of civic and welfare agencies in the preparation and criticism of reports and charts. The material on pensions was supplied by Mr. Paul Studensky. Special mention should be made of the report of the Advisory Engineering Committee which is printed in the appendix and of the assistance rendered by Mr. William F. McCormack in drafting amendments and bills. (vii] CONTENTS PAGE Part I. Proposed Plan of Retrenchment..................-. 3 Chapter 1. The Underlying Principles.............. 3 2. Summary of Recommendations........... 13 II. Organization of Present and Proposed Departments.... 45 * Chapter 1. Bxeetive: cca ycesados eden sg eaunneade 47 2. Audit and. Contrals.< ass. .di saa cecrannss 53 o: Laxation and. Windneés...essd.+saee owes 60 A Pilemerceneral vesercideaseseecesaas 70 DIDS TF ase dacerewe ver etisereuweewees 81 6. Public Works .......... 00. c eee eee eee 85 1, SOUMBCIVEOM: Gcecieed o pehee neeG Go enes 99 8. Agriculture and Markets................ 107 9: Leber’ joss0s sree e Gee ceev ale sade saan 114 10, Waneaien sc csamiy danke ene: 24 eee sare 129 1d, JEL Gal tht gcisG eves wide ea nae dates Meehan ete 160 12. Departments of Mental Hygiene, Charities and COrechon: .1ccseua sian adeepacew 169 1a. Ube PeIvIle as obese cae wae tia elek es 202 14, Banking gud Inenranees iia k tek ees 209 15. Civil Service ......... cece eee ee ee 216 16. Military and Naval Affairs.............. 223 III. Administrative Consolidation in Other States......... 238 Chapter 1. Movement Toward Administrative Consoli- (Gli ceeeeeceecepreemeesee hence 235 ~ (2. Earlier Proposed Plans ......--+-.+-.: 239 8, Plang i. Operatiorc.s0seieeay oeeees ess 249 4. Plans under Consideration.............. 269 5. Summary and Conclusions.............. 291 6. Structure of Governments of United States, Great Britain and France............. 294 IV... The Budget ic.ceecnsdat sce eewe ses eersoriee a 6 wa 301 Chapter 1. Movement for Budget Reform........... 303 2. Present and Proposed Budget System of New YOre: .cuivsevcetaweitseexyeaes 308 3. Tabular Analysis of all State Budget Laws. 320 [ix] x ContENtTS PAGE V. Salaries and Pensions... i200. civseeeeve se ewauwe ws 565 Chapter 1. Salaries of State Employees............ 367 2. Pension and Retirement Systems......... 374 VL Sate: Prntne pau ecuseus cesunecemir esa g ewes 381 VII. Proposed Constitutional Amendments.............-- 391 Chapter 1. Providing for an Executive Budget System 393 2. Providing for Reorganization of the State Government ......... ce cee eee eee eee 396 Appendix A. Report of Engineering Advisory Committee Appointed by Engineering Council..................045- 403 B. List of Present State Departments, Commissions and Other Agencies ........... 2... cece eee eens 411 CHARTS Key Charts of Government of the State of New York Present Organization .6a.s is eannw ives ceases Inside Front Cover Proposed, Organization .2..0«ss0saaeaens ss Inside Front Cover Detail Charts of Present Organization of New York State Depart- ments PAGE Agricultural Education Functions..............0ceeeeeeee 132 Avehriecture, Deparinient Of... .awscarccsas evens eeauas 88 Aitorney-Geretal icaskea dict eRe 6Wasd bos eRe eS wn wes Few es 70 Banking, Departiient Of ecissancess seeeends ve ees anew 210 Bited, Common tor Te cvueseesi xe eeer sees) sea we 142 Charities, State Board of....... 0.0... cece eee eens 172 Civil Bervice Commissiot {6.265 osu eews Gee tae ee neeaags 216 Comptroller sisivaavervvane agus eae a eed cae ada. 54 Consetvalion, Commmissi0nt <.cewe askew eenes nek heeded x eae 100 Custodianship of Places of Historic, Scientific and Scenic IMMGKCEE 4c ingw ies GEE Goa HULNE WASTE CEE Se eae awe 102 Defectives, Commission for the Care of Mental............ 107 Elections, State Superintendent of.............-e eee eeeee 82 Enpineer and Surveyor, State... .sscwwovewe cen aceawan tenes 86 Mogise. (Depuriient 02 incaeste wake vinenbuan sieewarreds 65 Hbentive Deparment. gaaiveteneperixin ena saougone exes 40 Farms and Markets, Department of..................0005 108 Fiseal Supervisor 2 cosy sts eeios oes eee eee Ss 176 Héalth, Depatiment Of wsccseves neve sevens viseesverne des 160 Health Officer of the Port of New York...............0005. 164 Highways, Department of .ccussvsueebensieuwsss seu euss 88 Hospital Commission, S1g16 J..+ xccsewie gore sn aeee ese ue wes 170 Ingurauce Department 2.424. oksaese's ns ecde vate ee Geawu ens 212 ghOr ieass sceneries okuawhnek ine eeSG Rive e a wTEE ESS yes 114 Malignant Diseases ..scceedsavee ewes sesh ews ee ew esas 162 Narcotic Drug Control, Department of................-64. 164 Police, Department of State... .csesaievavawereredawas eve 78 Prison. Department 1 cs yuevredneas rs usevariavesasetes 174 Public Buildings, Department of..................-00005- 88 Public Service Commission — First District............... 202 [xi] Carts PAGE Public Service Commission— Second District.........+.++- 202 Public Works, Department of.........-0 0s see eee reece es 86 State, Secretary of ....... cece cc cece ee ee teenies 82 Tax Department, State..... 0... ccc eee eee ete teens 60 Transit Construction Commission........-+-+++seeee eee 202 Treasurer, State 2... cece eee eee eet eenees 62 Tunnel Commission, New York State Bridge and..........- 88 University of the State of New York.........--.2eeeeeeeee 130 Detail Charts of Proposed Organization of New York State Depart- ments Agriculture and Markets......... 0.00. eee e eee eee eee 113 Attorney-General ..... 0... eee cece cee rete e eens 80 Audit and Control, iscccosan sack eee lee a wee SES Oe ea 59 Beaman goes ho eerie aula egal pala streceaa ted oobi ae ae tial gal oieG ans 215 Civil Sette: ¢ oang ives tad acai ere esa Beat necue 222 COnservatlOny wecece Gilead eee hae ee SEWER Hee ee oes 106 Departments of Mental Hygiene, Charities and Correction, Including Council of Public Welfare................000% 201 Hiducatlon sou iriecicaes, awariaewca da es cate Sha Sages we Pea 159 INR6CULIVE: sanded iain eeu eee Lawn de SNES SAAR DEER 52 Heath. oohesyenesaciegeas CaUseesEuunucee ieee yseeteus 168 PMS UBANCG Ha Sieg buctatspaeine GS ay ane see Gig te Gales alesmunersrace aeacaraner anise 214 Labor ..... yx abel Gea wile Ghee a oie 3 a wid wi ahaa w ia alin Biovauw wage Oe 128 Military and Naval Affairs....... 2.0... 0... cece eee cea 232 ible Detvies co cc case nnaaeu Gay Shee eaeeheieae ons 207 Public) Works's: cis sadwaine caer ian ans Donia caeaaos oases 98 Digerati ast annie ach had Tea ete decree eS nd 84 “Dear ion; Bait): PMENEE: < oo ike ohne eveouonaeisawy weaean 69 Charts of Organization of Other State Governments Showing Con: centration of Authority Recently Effected TUVAHOUS i sesdiesrGeyase wide le eds ae wd sk aise aw Soa Ra ees 250 TANF 32/5 flor siese as acae Sea ns Aca ety ek en es gee ROR oe 263 Nebrasks: andeo 04 cicamatacat- ance pucnsdaaetes nai ltedenanadenwea ute akee & 268 Charts of Organization of National Governments Showing Concen- tration of Authority United: States: -.accs-geeaeew eadies bapa tae oa keene 274 Gréat; Britain: ~ saci ci ween a alee Wave's £2 Mataaannekaeedes 296 PHPANCO? aictieltnsr ale varie coh deine sedate naib tablet ta et kes care k he oe 298 Chart of Organization of the State of New York Proposed by Engi- neering Advisory Committee........... Terre 400 PART I PROPOSED PLAN OF RETRENCHMENT PROPOSED PLAN OF RETRENCHMENT CHAPTER I—~THE UNDERLYING PRINCIPLES Need of Retrenchment The general budget appropriation of the State of New York for the next fiscal year, including debt service and other fixed charges, amounted to over $95,000,000. The estimated resources of the State were not suffi- cient to meet this appropriation. Between eighteen and twenty millions had to be provided by new legislation, not including provisions for increas- ing local resources which brought the total required up to about $50,000,000. It therefore became necessary to pass an Income Tax Law. One of the possible benefits of an income tax will be the develop- ment among the citizens of the State generally, of a more vital interest in state organization and expenditures. Because of the enormous grow:h in expenditures and the small prospect under present state organization and procedure of preventing excessive increases in the future, it is neces- sary to impress upon the people of the State the need of retrenchment and reorganization. Undesirable Ways of Attacking Retrenchment There are a number of possible ways of attacking the problem of. retrenchment. It may be attacked by a series of special investigations into badly organized, overstaffed or otherwise wasteful departments. We submit that experience in the past indicates that this method has had little permanent effect. It generally gives rise to charges of politics and partisanship. Even where reductions are made, the old conditions gradu- ally return and no permanent good is effected. A second method which has for its object the prevention of further increases rather than a reduc- tion of the present expenditures is to place a complete embargo on new o~ functions of all kinds. We submit that this is not desirable if proper ° | . organization and economy accompany existing as well as new functions ey and projects. ( Recent Action by Other States In searching for valid principles on which to base retrenchment and economy in administration we have naturally turned to the experience of other States. Common sense dictates that New York should first of all study carefully the steps which have already been taken elsewhere, with a view to introducing improved methods into the conduct of public busi- ness. In making this inquiry the Commission has found that in nearly every State public attention has heen forcibly drawn to the necessity of reducing expenditures or at least holding them to the lowest point con- sistent with the proper discharge of public functions and fair conditions a 4 Report or Reconstruction ComMMIssion of employment. The Commission has also found that the movement for economy and efficiency has passed beyond the stage of protest and discus- sion. Between 1911 and 1917 (when the movement was temporarily checked by the war), a number of States,* instituted commissions of in- quiry for the purpose of discovering more businesslike methods in state administration. Examination of the laws creating these commissions brings out the fact that waste and duplication inevitably accompanying the maintenance of conflicting and competing offices and boards, were the main cause which led these states to seek relief. The reports tiled by the several commissions are in substantial agreement on the following points: 1. State administration is a collection of offices, boards and other agencies which have been created from time to time by legislative act without consideration being given to the desirability of grouping all related work in one department. 2. The board or commission type of organization for purely ad- ministrative work is generally inefficient owing to the division of powers and absence of initiative and responsibility. This applies with less force to departments in which there are important quasi- judicial or quasi-legislative functions combined with administrative functions. Boards have been successful in many cases in carrying out advisory and inspectional functions and in the general super- vision of education. Ex-officio boards are almost never effective. 3. Widely scattered and independent agencies of state govern- ment cannot be effectively supervised and controlled either by the Legislature or the Governor. 4. When such a large number of agencies is independent of the Governor, he cannot be held responsible to the voters for an efficient and economical management of public business. In their recommendations for improvement of administration, the com- missions are substantially agreed that economy and responsible govern- ment can only result from: 1. The consolidation of offices, boards and commissions into a few great departments of government, each of which is responsible for the conduct of a particular major function such as finance, health, welfare, or public works. 2. Vesting the power of appointment and removal of department heads in the Governor; making him in fact, as well as in theory, the responsible Chief Executive of the state. There is a difference of “See Part III. for a detailed discussion of the movement for consolidation in other states, and Part IV for a detailed discussion of the budget movement. ‘Tur UNDERLYING PRINCIPLES 5 opinion as to the desirability of confirmation of the Governor’s nomi- nations by the Senate. 3. A consolidated budget system with accounting control over spending officers. The budget recommendations have passed beyond the theoretical stage, for thirty-eight states have enacted legislation providing for a consolidated budget system with varying provisions as to methods of preparation, legislative review, and enactment into law. Half of these States have placed the responsibility for initiating the budget squarely upon the Governor. is The recommendations with reference to the reorganization of boards, offices and commissions have not been accepted by the state Legislatures as readily as proposals for budget reform. The reasons are obvious. A con- solidation of a hundred or more offices, boards and other agencies affects political patronage more vitally than does a budget system, and it requires considerable courage and intelligence on the part of a Legislature to reor- ganize an entire system of state government. Nevertheless, reeommenda- tions of commissions are passing steadily into law. The State of Illinois, comparable to New York in wealth and population, in 1917, under the vig- orous leadership of Governor Lowden, made a complete and drastic reor- ganization of state administration, sweeping away 105 offices and agencies and consolidating the affairs of the State under nine great departments. The Commonwealth of Massachusetts by constitutional provision in 1918 prepared the way for a consolidation of the numerous offices and agencies composing the state administration. Nebraska, by an act of 1919, reduced eighty-two departments and agencies to six administrative departments, six constitutional officers and four constitutional boards. Idaho, by an act approved February 19, 1919, abolished a long list of offices, boards and commissions, and created instead nine departments of civil admin- istration. Delawaro has under consideration proposals for a reor- ganization of administration, consolidating 117 separate offices, depart- ments, boards, commissions and other agencies into nine depart- ments under the authority of the Governor. In Oregon a legislative commission proposes to consolidate all existing administrative agencies into ten departments. The Taxpayers’ Association of California pro- poses to set up in that State twelve administrative departments in addi- tion to that of the Secretary of State. The messages of Governors in 1919 indicate that Indiana and other States are soon to follow in the footsteps of Illinois, Massachusetts. Nebraska and Idaho. 6 Revort oF Reconstruction CoMMISsION Present Administrative Organization; Its Cause and Cure The administrative branch of our present state government is a miscellaneous collection of 187 offices, boards, commissions, and other agencies. They are nearly all independent of one another and most of them are subject to no direct and effective supervision by a superior authority. It is true that the Governor has in a small number of cases the power of appointment and removal, with or without confirmation by the Senate. Ex-officio elective officers or the Legislature share with the Governor responsibility for the conduct of the business of some departments. Constitutional officers are not even brought under nominal executive control. Even where the Governor is the appointing authority with or without the necessity of securing con- firmation by the Senate, the terms of persons appointed are often longer than the Governor’s and do not commence with his term, thus leaving a new Governor with lieutenants selected by others and not removable by him. Numerous department heads are made virtually independent for long terms, but the Governor is given only a two-year term. On entering office a new Governor finds that plans and estimates for his first year in office are already compiled and before the Legislature. During his second year the Governor is always on the eve of another election. It should also be borne in mind that owing to political traditions, the Governor cannot assume vigorous supervision over the numerous state agencies without being regarded as a trespasser on the vested rights of the incumbents. The many-headed administrative structure of New York which searcely deserves the name of organization has grown up mainly as a result of haphazard methods of legislation by which new offices, boards and agencies are created from year to year with little or no reference to the existing authorities. Since 1777, when the first Constitution was established scarcely a session of the Legislature has convened without add- ing some new department, bureau or other agency to the administrative organization of the State. It happens in this way. Citizens interested in some project of reform urge the adoption of new work by the state government; they draw up a statute creating a new agency and vest in it certain powers and duties. They do not study the government minutely with a view to discovering whether their proposed new function could be placed in an existing department. The result is a duplication of similar enterprises in different parts of the government. Another cause contributing to the present chaotic system has been the traditional fear of the Governor —a fear which runs back to the royal Governors who preceded the American Revolution. When the Constitution Tur UnpERLYING PRINCIPLES 7 of 1777 was drawn up it revealed the natural distrust of the executive which prevailed everywhere in those stormy days. At no time in the history of the State has the executive enjoyed an appointing and removing power commensurate with his duties. A third cause of the present organization is the time worn theory of checks and balances which attaches great virtue to having a number of elective officers acting as a check and sharing the administrative power, and to the creation of ex-officio boards in which some or all of these officers, including in several cases members of the Legislature, are members. Specific examples of the unbusinesslike organization for administering our government are contained in Part II of this report. They are numer- ous and are found in every major branch of the organization. It is suffi- cient in passing to note that there are five departments and numerous independent boards having authority over the custody of, the state parks, reserves and places of interest; that there are more than seven departments assessing and collecting taxes, one of which audits its own collections; more than ten departments of an engineering character; numerous sepa- rate and distinct control and visiting departments, boards and commis- sions for the correctional, insane and charitable institutions; that the legal functions are scattered through ten departments, beside that of the Attorney-General, and that there are numerous admin- istrations of educational institutions. It is quite apparent that a consolidation of many departments or bureaus should be brought about. In discussing this subject in the Constitutional Conven- tion in 1915, President Taft remarked: ‘The study of the state government, like that of New York, with one hundred and fifty different commissions spread all over the state, only arouses in me the same feeling that I have with respect to our methods of conducting our courts: Pro- found admiration for the political adaptability of the people to make a machine work that nobody who had any real business sense would think would work under any other conditions. They get along somehow. ‘It costs them double what it might. But so it is.’ = Within the last decade there have been some indication BE a tendency to get away from a multiplicity of overlapping boards and commissions, created to do parts of a single job. In a number of instances, notably the health, agricultural and labor services, there have been consolidations into single departments. The existing system of administration stands condemned by its obviously objectionable features. It is a vast business enterprise divided into more than one hundred and eighty different parts each running along its own lines, without a responsible head. “The Constitution says that the execu- 8 Report or Reconstruction CoMMISSION tive power shall be vested in the Governor, but at the same time the Con- stitution and the laws strip him of the instruments for exercising that power. ‘The officers, commissioners and agents who do the business of the state are not responsible to one authority ; they are appointed and removed by many different methods. Their terms overlap and their tenures vary. No Governor can be held responsible for the policies and conduct of high officers whom he does not appoint and whom he can not remove. It is clear that if New York wants retrenchment and efficient government it must make some one responsible who can be held to account and give him power commensurate with his obligations. There is no other way. Relation of Proper Administrative Organization to Sound System of Finance and Budget A sound system of state finance is dependent upon a wel! organized plan of administration controlled by a few department heads and presided over by the Governor. The present numerous independent agencies of the state government make impossible wise planning in the distribution of public expenditures among the several branches of service; and they like wise work against strict and effective control over the use of money and property. It is natural for every officer to magnify the importance of his own work and to see unlimited opportunities for new services to be rendered. Inevitably he seeks an increase in his appropriations. But where there are unlimited demands made by a hundred or more agencies, a scramble ensues. As the costs of government increase it is necessary to balance all the claims upon the treasury against one another, and to dis- tribute appropriations on the basis of a full consideration of the interests and requirements of the State. Planning is essentially unified in character. Obviously, therefore, the existence of so many separate and distinct agencies uncontrolled and competing with one another for public support and public funds, militates against the development of a business- like planning for appropriations — in other words, against a proper budget system. Even if the Governor should be empowered to prepare the budget of the state for legislative consideration he could not do it effectively under the present organization. A Cabinet of a hundred and eighty or more members is unthinkable and a Cabinet is necessary to financial planning. An essential part of financial management is systematic control over i expenditures after they are authorized. Every agency of the government is jealous of its own prerogatives; it resists orders and inspections: it tends to develop its own practices for keeping records and accounting for public funds. The-more spigots there are in the barrel the more difficult Tur UNDERLYING PRINCIPLES 9 it is to keep a watch on them. There are too many streams and rivulets running out of New York’s treasury. Present Budget System Our present budget system instead of being the most effective instrument in the hands of the Executive for planning order and economy in the work of all departments, has been the means of further scattering authority and responsibility and of producing enormous waste in expenditure. Under the appropriation methods employed in the State of New York, estimates of the needs of the several branches of government are compiled and published by the Governor, the Comptroller and the Clerks of the two legislative committees in charge of appropriations. This three-fold collec- tion, tabulation and publication of the estimates is needless and the result is confusing both to the legislators and the public, since each compilation is different from the other and each is move or less incomplete. The com- pilations do not follow a uniform classification of institutions and depart- ments, which fact adds to the confusion and difficulty of making compari- sons. Under the present budget law no document is produced which may rightly be called a budget. The huge document compiled by the Clerks of the two legislative committees is nothing more than a collection of esti- mates, with notes, compiled just as they come from the heads of offices, departments and institutions. It is not and does not purpose to be a com- plete program of expenditures for the coming fiseal year. Individual members of the Legislature may introduce as’many bills as they please, carrying charges upon the treasury. Such bills may be enacted into law during or after the main body of estimates is before the Legislature. Special appropriation bills which are passed from time to time, and ,.. especially those which are rushed through near the close of the scasitn, make impossible a complete budget plan. It is to be noted that the evil resulting from the passage of special appropriation bills has greatly increased. since the present legislative budget law began to operate. In going from the old type of lump sum appropriation to the highly itemized form of appropriation, the Legislature has not recognized the difficulties of administering such minute items of expenditure. Accord- ingly, it has not provided a system of transferring within reasonnble limits moneys appropriated, thus permitting a reasonable exercise of “adminis- trative discretion. What little discretion has been granted is in the hands of the Comptroller, an elective officer independent of both the Governor and the Legislature. 10 Report oF RECONSTRUCTION CoMMISSION The objectionable features of the present budget system may be sum- marized as follows: 1. The department estimates are merely “ compiled” and sent to the Legislature. No administrative officer acquainted with the entire business of the State reviews these estimates, compares them, balances one claim against another, cuts them down -to agreed necessities, measures them against estimated revenue and lays a balanced budget before the Legislature. 2. Each member of the Legislature may introduce at any time as many bills as he pleases, carrying charges upon the state treasury. 3. From day to day special appropriation bills are passed by the Legislature, one after the other, with no responsible officer keeping tally or measuring their merits against the total expenditures and the estimated revenues of the State. 4, The general appropriation bill of the State is made up by com- mittees of the Senate and Assembly. This bill (in 1919 a volume of 840 pages containing about ten thousand items) is brought out on the floor of the Legislature a few days before adjournment; it is debated for an hour or two, the opposing party making perfunctory, uninformed and usually futile attacks upon it; it is then passed as made up by the joint legislative budget committee. 5. After the general appropriation bill is passed, it is the common practice to rush through a large number of petty appropriation bills, amounting to a considerable sum in the aggregate, with little scrutiny and usually without debate. 6. When the Legislature adjourns no one knows how much money has been appropriated. 7. After the appropriation bills are passed, they are thrown upon the desk of the Governor. If the Legislature has adjourned (as is the usual practice), the Governor can veto at will appropriations without reference to the representatives of the people. If the Legislature has not adjourned, it may, of course, pass items over his veto. The Governor may not veto part of an item of appropriation. He must veto the whole item. It is therefore the practice to combine debatable and essential appropriations in a single item so as to prevent a veto. 8. Without knowing what the total expenditures will be when the Governor has finished vetoing bills and items, the Legislature passes revenue bills to meet them. 9. The execution of appropriations is in the hands of the Comp- troller. Tur UnpErtying Principies 11 10. The result of the present budget procedure is that both the Governor and the Legislature escape responsibility and the citizens of the State pay the bill. Principles of Proposed Plan of Administrative Organization and Budget The experience of other States in the Union, the experience of the national government with a consolidated administration and a cabinet system and the recommendations of competent authorities lead us to the conclusion that retrenchment and responsibility in the government of the State of New York can be achieved only through: 4. A consolidation of all administrative departments, commissions, . offices, boards and other agencies into a small number of depart- ments, each headed by a single officer, except departments where quasi-legislative and quasi-judicial or inspectional and advisory func- tions require a board. 2. The adoption of the principle that the Governor is to be held responsible for good administration and is to have the power to choose the heads of departments who are to constitute his Cabinet and who are to be held strictly accountable to him through his power to appoint and remove and through his leadership in budget preparation. This involves among other things the reduction in the number of elective administrative officers to two: the Governor and a Comptroller to act as independent financial auditor. Although there are objections to the confirmation by the Senate of nominations by the Governor, we are of the opinion that this check has on the whole worked well and should be retained. 3. The extension of the term of the Governor to four years and the careful adjustment of the terms of department heads with refer- ence to the term of the Governor. Excepting members of boards with overlapping terms, department heads should have the same term as the Governor. » 4. The grouping of related offices and work in each of the several departments into appropriate divisions and bureaus, responsibility for each branch of work to be centralized in an accountable chief. 5. A budget system vesting in the Governor the full responsibility for presenting to the Legislature each year a consolidated budget con- taining all expenditures which in his opinion should be undertaken by the State, and a proposed plan for obtaining the necessary revenues —such a budget to represent the work of the Governor ard his Cabinet. Incorporation of all appropriations based upon the budget in a single general appropriation bill. Restriction of the power of the Legis- 12 Report or ReconsTRucTION COMMISSION lature to increase items in the budget. Provision that pending action on this bill the Legislature shall not enact any other appropriation bill except on recommendation of the Governor. Granting to the Governor the power to veto items or parts of items. Provision that special appropriation bills introduced after final action on the general appropriation bill shall secure the specific means for defraying appro- priations carried therein. “The only serious argument advanced against such a proposed reorganiza- tion and budget system is that it makes the Governor a czar. The Presi- dent of the United States has administrative powers far greater than those here proposed to be given to the Governor. The Mayor of the City of New York appoints and removes all of the important department heads, and citizens know whom to hold accountable. The Governor does not hold office by hereditary right. He is elected for a fixed term by universal suffrage. He is controlled in all minor appointments by the civil service law. He cannot spend a dollar of the public money which is not author- ized by the Legislature of the State. He is subject to removal by impeach- ment. If he were given the powers here proposed he would stand out in the limelight of public opinion and scrutiny. Economy in administra- tion, if accomplished, would redound to his credit. Waste and extrava- gance could be laid at his door. Those who cannot endure the medicine because it seems too strong must be content with waste, inefficiency and bungling — and steadily rising cost of government. The system here pro- posed is more democratic, not more “royal” than that now in existence. Democracy does not merely mean periodical elections. It means a government held accountable to the people between elections. In order that the people may hold their government to account they must have a government that they can understand. No citizen can hope to understand the present collections of departments, offices, boards and commissions, or the present methods of appropriating money. A Governor with a Cabinet of reasonable size, responsible for proposing a program in the annual budget and for administering the program as modified by the Legislature may be brought daily under public scrutiny, held accountable to the Legislature and public opinion, and be turned out of office if he fails to measure up to public requirements. If this is not democracy then it is difficult to imagine what it is, The proposals here advanced are not partisan. Republican leaders and Democratic leaders of the highest standing and widest experience have endorsed the principles upon which they rest. They have appeared in the Progressive and Socialist platforms. Every Gover- nor in recent years has made some recommendations along these lines, but the issue has never heen placed squarely before the people. Summary or RECOMMENDATIONS 13 CHAPTER 2.—SUMMARY OF RECOMMENDATIONS Proposed Departments The State government will be organized with the following departments: Executive Department. Department of Audit and Control. Department of Taxation and Finance. Department of Attorney-General. Department of State. Department of Public Works. Department of Conservation. Department of Agriculture and Markets. Department of Labor. Department of Education. Department of Health. Departments of Mental Hygiene, Charities and Correction. Public Service Commissions. Departments of Banking and Insurauce. Department of Civil Service. Department of Military and Naval Affairs. Proposed Organization of the Executive Department 1. The term of the Governor will be four years. 2. Establish a Bureau of Administration as an independent staff agency in the Executive Department under a Director to be appointed by the Governor and to serve at his pleasure. 3. This Bureau will be organized with three permanent divisions, each under an Assistant Director in the competitive class, and one temporary division under a Special Examiner in the competitive class. Permanent: ' Budget Division, to report on the preparation and revision of the budget. Division of Reports and Special Investigations, to make special investigations for the Governor, department heads and the Legislature and to supervise the publication of reports and other documents of the various departments. Pension Division, to prepare and eventually to administer a proper pension system for’state employees. Temporary (to be merged eventually with the Budget Division) : Division of Classification of Salaries, to prepare in co-opera- tion with the Civil Service Commission’ for submission to the t 14 Report oF RECONSTRUCTION COMMISSION Governor and Legislature a classification of personal service and salaries to govern all state employees. 4, Transfer of the Bureau of Administration the following exist- ing agencies: State Printing Board (supervision of department publica- tions only. All other functions to the Department of Taxation and Finance). Salary Classification Commission. The Commission on Pensions and the Board of Retirement of Hospital Employees should be continued until a plan of retirement is formulated and adopted. 5. Only statutory revisions are required to effect these changes, excepting the lengthening of the Governor’s term which will require Constitutional Amendment. Proposed Organization of the Department of Audit and Control 1. Establish a Department of Audit and Control of which the Comptroller, elected for a term equal in length to that of the Gov- ernor will be the head. This will require constitutional change, pro- vided the Governor’s term is made four years. The fundamental duties of the Comptroller will be outlined in the Constitution in order to prevent the assignment to his department by statute of purely administrative functions. The department will be required to perform only those functions which come within the category of audit and control, and the numer- ous administrative duties now performed by the Comptroller’s office will be transferred to the administrative departments. This depart- ment will not receive budget estimates or be responsible for their compilation. 2. Only two deputy comptrollers will be necessary. They will be able easily to supervise the work of the department, one being in charge of the Albany office and one in charge of the branch office in New York city. 3. The Department of Audit and Control wil be organized with four bureaus, namely, Audit Bureau, Finance Bureau, Municipal Accounts Bureau and Bureau of Administration. There will be a director in the competitive class under civil service at the head of each of the bureaus excepting the Bureau of Administration which will be under the Secretary of the Department. The Audit Bureau will audit the books and records of the depart- ments and institutions of the State. The annual report of the Department will be prepared by this Bureau, and in addition, all financial statements. SumMary oF RecoMMENDATIONS 15 The Finance Bureau will have control over accounts against the state; will audit all payrolls and vouchers before payment; and will keep appropriation accounts and other financial records. It will also audit all revenue accruals and collections. The Municipal Accounts Bureau will examine the accounts of all municipalities of the state other than cities of the first class, and will compile comparative data on municipal finances. . The Bureau of Administration will be in charge of office manage ment and the budget, finances, personnel and reports of the department. The Highway Bureau will be abolished and such of its accounting functions as it may be necessary to continue will be placed in the Audit Bureau of the proposed department of Audit and Control. The Highway Bureau audits the accounts and records of the present Highway Department which will be merged into the proposed Department of Public Works. 4, All functions not distinctly those of audit and control, as the accrual and collection of revenues, will be removed from the Comp- troller and given to administrative departments. Practically all of the functions performed by the Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau and Stock Transfer Bureau will be transferred from the present Comptroller’s oftice to the proposed Department of Taxation and Finance. 5. All positions in this department below the deputies, not of a distinctly confidential nature, will be classified in the competitive class under civil service. 6. All of the proposed changes may be effected by statutory revi- sions except the lengthening of the Comptroller’s term and limita- tion of his functions. These require constitutional amendment. Proposed Organization of Department of Taxation and Finance 1. Establish a Department of Taxation and Finance. The head of this department will be the Commissioner of Taxation and Finance, who will be appointed by the Governor with the consent of the Senate and will serve at his pleasure. He will have not more than two deputies in the exempt class. The work of the department will include only those functions of the state government which are essentially financial in character, i. e., the assessment, equalization, levy, collection, management and disbursement of public revenues. ‘ Report oF REcoNSTRUCTION COMMISSION Transfer to this department the functions of the following exist- ing agencies: State Treasurer, Tax Department, Board of Equalization, Excise Department, Commissioners of the Canal Fund, State Printing Board, Central Supply Committee, the functions at present performed in the following bureaus of the Comptroller’s office, excepting in so far as they involve audit: Corporation Tax Bureau, Transfer ‘Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau, the functions at present performed in the following bureaus of the Secretary of State’s office: Bureau of Motor Vehicles, Administration Bureau (motor vehicle functions), and the following function of the Insurance Department: Assessing and collecting of the tax on foreign insurance companies. 2. The department will be organized with five bureaus: Bureau of Taxation and Revenue, Bureau of Motor Vehicles, Bureau of Treasury, Bureau of Purchasing, Bureau of Administration. These bureaus will be subdivided into logical and necessary sub- divisions. Directors will be at the head of the Bureau of Taxation and Revenue and Motor Vehicles. The head of the Bureau of Treasury will be the Treasurer. The head of the Bureau of Pur- chasing will be the supervisor of purchasing. These four bureau heads will be appointed by the Director of Taxation and Finance under competitive civil service rules. The head of the Bureau of Administration will be the Secretary of the Department. The Bureau of Taxation and Revenue wlll supervise, assess, equalize and levy taxes, determine franchise values, and issue licenses. This bureau will contain a board of equalization consisting SUMMARY OF RECOMMENDATIONS 17 of three members: ‘The Director of ‘Taxation and Finance, the Attor- ney-General and the Comptroller. The Bureau of Motor Vehicles will perform the work of the Motor Vehicle Bureau and part of the work of the Administration Bureau now under the office of the Secretary of State. The collection, custody, management and disbursement of public revenues will be under the Bureau of Treasury. The Bureau of Purchasing will contract for, purchase and dis- tribute as far as feasible, the printing, supplies, materials and equipment for the several departments and institutions of the State. It will include a division of classification of supplies to prepare and maintain in co-operation with the heads and purchasing agents of boards of the several departments a classification of expenditures to govern purchases by the various state departments. ‘he bureau of Administration will have charge of office manage- ment and the budget, finances, personnel and reports of the Depart- ment. The consolidation into a single department of the existing independent and scattered offices according to the plan here recom- mended will result in the elimination of a large part of the present expenditures for the overhead of these separate offices. The Depart- ment of Taxation and Finance will, of course, have to maintain branch offices in New York and Buffalo, but instead of the four separate offices at present maintained in New York City for the administration of financial functions, only one will be necessary. 3. The present Commission on State and Federal Taxation will be abolished and its functions transferred to the Commissioner of Taxation and Finance. 4. Both constitutional and statutory changes will be necessary to establish a Department of Taxation and Finance. The State Treasurer who is an elective officer under the Constitution will have to be made an appointive officer under the Commissioner of Taxa- tion and Finance. The Commissioners of the Canal Fund, now a constitutional body composed of the Lieutenant-Governor, Secretary of State, Comptroller, Treasurer and Attorney-General will have to be abolished. Statutory changes only are required in order to consolidate the several independent departments and bureaus under the Department of Taxation and Finance and may be made immediately. Proposed Organization of the Department of Attorney-General j. The Attorney-General will be appointed by the Governor with the consent of the Senate and will serve at his pleasure. 18 Report or ReconsTREucTion CoMMISSION 9. All of the legal work of the State will be conducted under the supervision and control of the Attorney-General although special attorneys may be assigned offices in the various departments. This will involve the transfer of all counsel and legal divisions in other departments to the Attorney-General. 3. The present Department of State Police will be retained and be attached to the Attorney-General’s office as a Bureau of Police. Members of this bureau will be assigned as decided by the Attorney- General, to be in constant touch with the local district attorneys and to assist in preventing the breaking of laws and in the apprehension of criminals. 4. The Attorney-General’s office will be organized with the fol- lowing bureaus: Legal Staff, Bureau of Police, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. The Legal Staff will include all attorneys employed in the legal business of all departments. The Bureau of Police will take the place of the present State Police. The Court of Claims Bureau will continue to have as its duty the defense of the State in the Court of Claims in connection with the Barge Canal, terminals and highways, as well as the handling of claims in erroneous affixing of stamps in stock transfers. The Finance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title Bureau in securing documents and papers, in clearing titles, preparing the departmental budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the improvement of the Barge Canal, terminals and highways and will cover titles to lands under water and pass on titles for lands for various preserves. 5. Constitutional amendment is required to make the Attorney- General an appointive instead of an elective officer. All other pro- posed changes require only statutory revision and may be made immediately. However, pending constitutional amendment, the Counsel to the Governor and to the quasi-judicial Public Service and Industrial Commissions wiJ) not be transferred te the Attornev- General. , SUMMARY OF RECOMMENDATIONS 19 Proposed Organization of the Department of State 1. The Secretary of State, the head of the proposed department of State, will be appointed by the Governor and will serve at his pleasure. He will have one deputy. 2. The Department of State will be organized with the following bureaus: Bureau of Records, Corporation Bureau, Bureau of Elections. There will be a Director in charge of each Bureau. These positions will be in the competitive class under civil service. 3. The duties of the State Board of Canvassers, State Board of Examiners of Voting Machines and State Superintendent of Elec- tions will be transferred to the proposed Bureau of Elections of the Department of State, and the Notarial Bureau in the Executive Department to the proposed Bureau of Records. 4, The functions of the Commissioners of the Land Office will be transferred to the Bureau of Records. The Secretary of State will personally pass upon all land transactions. 5. The Bureau of Motor Vehicles at present in the office of the Secretary of State will be transferred to the Department of Taxation and Finance. 6. Constitutional amendments are required to make the Secretary of State an appointive officer and to discontinue the Commissioners of the Land Office. The other recommendations will require only - statutory changes. Proposed Organization of the Department of Public Works 1. Establish a Department of Public Works at the head of which will be a Commissioner appointed by the Governor who will serve at his pleasure. The Commissioner will have two deputies. 2. Transfer to the proposed Department of Public Works the functions of the following existing agencies: _— Department of State Engineer and Surveyor, Department of Public Works, Department of Highways, Department of Architecture, Commissioners of the Canal Fund, Canal Board, Trustees of Public Buildings, New York Bridge and Tunnel Commission, Interstate Bridge Commission, 20 Reeort oF Reconstruction COMMISSION Engineering and Construction Work of the Department af Conservation. New York-New Jersey Port and Larbor Development Commission, Long Island Waterway Improvement Board. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of New York. 3. The work of the proposed department will be organized with the following bureaus: Bureau of Engineering, Bureau of Waterways, Bureau of Highways, Bureau of Architecture, Bureau of Administration. There will also be Advisory Boards on Engineering, Architectural and Waterway Projects. The head of the Bureau of Engineering will be the Chief Engineer of the Bureau. The head of the Bureau of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of High- ways will be the Chief Engineer of Highways. The head of the’ Bureau of Architecture will be the State Architect. The head of the Bureau of Administration will be the Secretary of the Depart- ment. These positions will all be in the competitive class under civil service except the Secretary. Examinations for these positions will be conducted by examiners selected from a list of nominations by the Engineering Council. These bureaus will be subdivided as follows: Bureau of Engineering: Division of Construction, Division of Design, Division of Surveys, Division of Testing, Division of Office Management. Bureau of Waterways: Division of Construction, Division of Real Estate, Division of Operation, Division of Traffic, Division of Boat Inspection and License, Division of Office Management. Summary oF RecomMMENDATIONS 21 Bureau of Highways: Division of Construction and Maintenance Division of Office Management. Bureau of Architecture: Division of Design, Division of Inspection, Division of Office Management. Bureau of Administration: Division of Statistics and Accounts, Division of Clerical Service, Division of Purchase and Stores, Division of Claims. 4. The following agency will be transferred to the federal govern- ment. ? Port Wardens. 5. The following agencies will be abolished: Commission on West Side Improvements, Harbor Masters. The records of the Commission on West Side Improvements will be transferred to the Public Service Commission. The records of the Harbor Masters, if any, will be transferred to the local govern- ments of Hudson, Rondout and Tarrytown. 6. Both constitutional and statutory changes are required to carry out these recommendations, Proposed Organization of Department of Conservation 1. There will be a Department of Conservation under a Commissioner to be appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. The Counsel of the Department will be transferred to the office of the Attorney-General. 3. The Department will perform the functions now exercised by the Conservation Commission; have the custody of all state lands and parks which are of value as recreation grounds, or in the conservation of forests and sources of water supply; also all places of historic and scientific interest now under the control of other departments or of independent boards and commissions or semi-publiec agencies. The following places now under state departments will be transferred to the Conservation Commission: The Senate House at Kingston will be transferred from the Trustees of Public Buildings; Guy Park House from the Superintendent of Public Works; the Saratoga Battle Monu- ment from the Comptroller; Lester Park, Clark’s Reservation and Stark’s Knob from the Department of Education. 22 Report oF REcoNSsTRUCTION COMMISSION The following places now under independent boards or agencies will be transferred to the Conservation Commission: ' Washington’s Headquarters at Newburg and Temple Hill. Niagara State Reservation. Fire Island State Park. Herkimer Home. Watkins Glen Reservation. Mohansic Lake Reservation. Schuyler Mansion. Newtown Battlefield Reservation. Lake George Battlefield. Crown Point Reservation. Bennington Battlefield. Stony Point Battlefield. Fort Brewerton. Phillipse Manor House. Letchworth Park. John Boyd Thacher Park. Battle Island Park. Montealm Park. Spy Island. Grant Cottage. Clinton House. Sir William Johnson Mansion. In order to maintain local or special interest and support the present boards or associations will continue as boards of trustees, but the cost of appropriations, expenditures and upkeep will be in the Conservation Department, which will appoint the necessary employees subject to civil service rules. All additions, alterations or repairs to buildings in the places above listed will be under supervision of the State Architect. 4. The Palisades Interstate Park will continue to be under the direc- tion of the trustees with the addition of the Commissioner of Conserva- tion, ex-officio. All state appropriations will be made to the Conserva- tion Department and will be expended with the approval of the Commissioner. 5. The Bronx Parkway Commission and the custody and further development of properties in its name will be transferred to the Con- servation Department. 6. The Department will have the following bureaus: Bureau of Administration. Bureau of Waters. SumMARY OF RECOMMENDATIONS 23 Bureau of Land and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. There will be a Director in the competitive class under civil service in charge of each of these bureaus excepting the Bureau of Administration which will be in charge of the Secretary of the Department. The reservations and places transferred to this Department will be under the Bureau of Lands and Forests. 7. The above recommendations will require only statutory changes. Proposed Organization of the Department of Agriculture and Markets 1. The Council of Agriculture and Markets will be continued for the present as the head of the~Department and will be composed of one representative from each of the nine judicial districts of the State, one representative at large, and the Commissioner of Markets of New York City ex-officio; the ten members to be elected by. the Legislature for terms of ten years as at present. 2. The present Division of Agriculture and Division of Foods and Markets under the Council of Farms and Markets will be consolidated into a single Department of Agriculture and Markets under the direction of a Commissioner of Agriculture and Markets to be appointed and removed by the Council and to hold office at its pleasure. 3. The Department of Agriculture and Markets will be divided into seven bureaus: Bureau of Administration. Bureau of Plant Industry. Bureau of Animal Industry. Bureau of Farm Management. Bureau of Co-operative Associations. Bureau of Weights and Measures. Bureau of Markets and Storage. Each Bureau will be under a Director in the competitive class under civil service excepting the Bureau of Administration which will be under the Secretary of the Department. 4, The present Counsel and Legal Bureau will be transferred to the office of the Attorney-General. 5. The State Fair Commission will be abolished and its functions will be transferred to the Bureau of Farm Management. 6. Only statutory changes will be necessary to effect the organ- ization of the proposed Department of Agriculture and Markets. Report or ReconsTRUCTION CoMMISSION Proposed Organization of the Department of Labor 1. Place at the head of the Department of Labor an Industrial Commission consisting of five members appointed by the Governor with the advice and consent of the Senate for terms of five years. 2. ‘fhe Industrial Commission will appoint a Director of Labor who shall be the administrative head of the department and serve during good behavior. 3. The Commission will also appoint a Secretary, who will pre pare the calendar for the Commission, do the general administrative and secretarial work of the Commission and serve as Secretary to the Industrial Council. 4. The present Counsel and his assistants will be transferred to the Attorney-General’s office if the Attorney-General is made appointive. 5. The Industrial Council will be reorganized under a chairman who by specific provision may not be a member of the Commission and will establish in the important industries of the state representa- tive sub-councils of employers and employees for the discussion and action upon common problems of industry and for consultation by the commission and the industrial council. The ten members of the council will be appointed by the Governor for terms of five years, two terms ending each year. The Chairman will continue to be chosen by vote of the members of the council and will hold office at the pleasure of the council. 6. The Department will be organized with a staff and seven bureaus, as follows: Industrial Staff, Bureau of Administration, Bureau of Employment, Bureau of Statistics and Information, Bureau of Inspection, Bureau of Mediation and Arbitration, Bureau of Workmen’s Compensation, Bureau of the State Insurance Fund, The head of the ‘Bureau of Administration will be the Secre- tary of the Department. The head of the Industrial Staff will be the Chief of the Industrial Staff. The head of the Bureau of Employment will be the Chief of the Bureau of Employment. Summary or RecomMENDATIONS 25 The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will be the Chief of the Bureau of Inspection. The head of the Bureau of Mediation and Arbitration will be the Chief of the Bureau of Mediation and Arbitration. The head of the Bureau of Workmen’s Compensation will be the Chief of the Bureau of Workmen’s Compensation. His depu- ties will be known as Deputy Commissioners of Compensation. The head of the Bureau of the State Insurance Fund will be the manager of the State Insurance Fund. The heads of all these bureaus will be in the competitive class under civil service excepting the Secretary. 7. The duties of the present Bureau of Industries and Immigra- tion with reference to the education of aliens, will be transferred to the Department of Education. The other functions of this Bureau will be transferred to the State and local health and _ police departments. 8. The present Division of Industrial Hygiene in the Bureau of Inspection will be combined with the Bureau of Industrial Code and the Bureau of Women in Industry in a single Industrial Staff. 9. In connection with the development of the Bureau of Employ- ment, a bill will be passed providing that all private employment agencies in the State shall be licensed and shall pay a fee of $250. The Industrial Commission will license everywhere in first and second class cities. Half the fees of such cities and all of the fees elsewhere will go to the State Industrial Commission for the support of the Bureau of Employment. The Bureau of Employment will develop a program including the following subjects: (1) The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. (2) Directing labor to new occupations when changes of industrial structure result in displacement from chosen occu- pations. (3) Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. (4) Concentrating attention upon the need for industrial training, including “vestibule” or preliminary training, where 26 Report oF RECONSTRUCTION COMMISSION such training does not lead to “blind alley” employment, training in plants to increase efficiency while gainfully em- ployed, and training in trade and business schools. This should be done with the state and local departments of educa- tion and with private educational institutions. (5) Directing boys and girls away from ‘blind alley” em- ployment. (6) Testing periodically and comprehensively the amount of unemployment. This should be done by the Bureau of Employment in co-operation with the Bureau of Statistics and Information. (7) In eases of seasonal employment or depression, urging employers to shorten hours rather than discharge employees. 10. The Bureau of Statistics and Information will co-operate with the Bureau of Employment in the issuance of employment statistics covering the largest possible number of employees and in the prepara- tion of statistics on wages and the cost of living. The funds of the Bureau of Statistics for this and other purposes will be increased and statistical field agents will be provided. 11. The Bureau of Mediation and Arbitration will take a larger part in settling industrial disputes. It will be organized under a Chief who will have a panel of twenty representative citizens who will act as mediators and arbitrators when called upon, and such assistants as are required to make investigations and gather statistics. 12. The work of the Bureau of Workmen’s Compensation will be so arranged as to limit drastically the number of reviews by and appeals to the Commission. A careful codification will be made of the decisions of this bureau. A medical social service staff will be created in this bureau to follow up cases. 13. The State Insurance Fund will be placed in a bureau separate from the Bureau of Workmen’s Compensation and immediately under the Director. An annual audit of the fund will be made by the Superintendent of State Insurance. 14. If a minimum wage or health insurance legislation is passed, the administration will be provided for in new bureaus under the Director of Labor, and not in independent new departments. 15. The above recommendations will require only statutory changes. Proposed Organization of the Department of Education 1. The Board of Regents of the University of the State of New York will continue to be elected by the Legislature. It will be com- SuMMARY OF REcOMMENDATIONS 27 posed of twelve members as at present, one from each judicial district and three at large, appointed in rotation one each year for a term of twelve years. 2. The Board of Regents will continue to appoint the Commis- sioner of Education to serve at its pleasure. The Commissioner will be executive head of the department. There will be a Deputy Com- missioner of Education and a Vice-President of the University to assist him in the administration of the department. 3. The State Department of Education will be organized with seven bureaus, each directly under the Commissioner of Education, as follows: Bureau of Administration, Bureau of Elementary and Secondary Education, Bureau of Child Welfare, Bureau of Agricultural and Vocational Education, Bureau of Higher Education and University Activity, Bureau of Extension, Bureau of Special Education, Bureau of Reference and Research. There will be a Director at the head of each bureau, excepting the Bureau of Higher Education and University Activities. 4. The Bureau of Administration will be organized with the fol- lowing divisions: Office of the Chief Clerk, Division of Engineering, Division of Printing. 5. The Bureau of Elementary and Secondary Education will be organized with the following divisions: Division of Elementary Education, Division of Secondary Education, Division of Examinations and Inspections, Division of Teachers’ Training, Division of Registration and Employment, Division of Physical Training and Recreation, Division of Attendance. The inspection of all elementary and secondary schools will be undertaken by the Division of Examinations and Inspections, and legislation will be enacted definitely locating responsibility in local superintendents and the State Department for the maintenance of proper standards. 28 Revort or REconsTRUCTION CoMMISSION The State Normal schools will be placed under the Division of Teachers’ Training of the Bureau of Elementary and Secondary Education. The principal of each Normal school will submit a yearly report to the Commissioner of Education of the work of the school under his supervision. A thorough study will be made of the standards and work of the Normal schools and a consistent and adequate policy will be adopted for the training of teachers within the State. This policy will determine the number, location, con- struction, courses and staff of Normal schools. 6. The Bureau of Child Welfare will be organized with the fol- lowing divisions: Division of Physical Training and Recreation, Division of Medical Inspection, Division of Buildings and Grounds. The Military Training Commission will be abolished and the functions of building up the physique of school children and recrea- tion will be vested exclusively in the Division of Physical Training and Recreation. Pending conferences between the Education, Health and Labor Departments on a general program of Child Welfare, the supervision of medical inspection of school children will remain under the Depart- ment of Education. 7. The Bureau of Agricultural and Vocational Education requires no separate divisions. The present powers and duties of the local board of managers of the following agricultural schools will be transferred to this Bureau: Delhi, Schoharie, Morrisville, Farmingdale, St. Lawrence. Each school will have a local beard cf managers of seven members who will be appointed by the Commissioner of Education, with the approval of the Board of Regents. Such local boards will have the power of visitation and inspection. The Advisory Board for the Promotion of Agriculture will act in an advisory capacity to this Bureau. The supervision of the following institutions will be a function of the Bureau: State College of Forestry at Syracuse University, State Veterinary College at New York University, State School for Ceramics and Clay Working at Alfred University. SumMary oF RecoMMENDATIONS 29 This Bureau will also supervise the expenditure of state funds by the State College of Agriculture at Cornell and the Agricultural Experiment Station at Geneva. The New York State Nautical School will be turned over to the federal government, if this is possible. If not the school will be placed in this Bureau. 8. The Bureau of Higher Kducation and University Activities will be organized with the following divisions: Division of Registration, Division of State Library, Division of Science and State Museum, Division of History. The Division of Registration will have general supervision of standards of higher education and of registration and certification of the professions. In addition to the professions now supervised, the Bureau of Higher Education will supervise the work of the Board of Law Examiners and the Board of Embalming Examiners and members of these boards will have the same relation to the Depart- ment of Education as have the examining boards of the other pro- fessions. The Bureau will therefore take charge of the registration and certification of the following professions: Certified Public Accountants, Certified Shorthand Reporters, Registered Architects, Optometrists, Chiropodists, Veterinarians, Dentists, Pharmacists, Doctors, Nurses, Attorneys, Embalmers. The functions of the present Board of Geographic names will be transferred to the Division of Scenic and State Museum. The present Legislative Library and all of the Supreme Court libraries will be transferred to the Division of State Library. The present trustees of the Supreme Court libraries will be retained in an advisory capacity. 9. The Bureau of Extension requires no separate divisions. This Bureau will conduct continuation schools and develop and administer a program of Americanization and other extension activities. 30 Report or REconsTRUCTION CoMMISSION The present powers and duties devolving upon the Bureau of Industries and Immigration in the Labor Department, having to do with the education of illiterates, will be transferred to this Bureau. 10. The Bureau of Special Education will be organized with the following divisions: Division of the Blind, Division of Indian Affairs, Division of Deaf Mutes, Division of State Charges. The Director of the Bureau of Special Education will employ an expert to be the head of the Division of the Blind and with the approval of the Commissioner and Board of Regents will also appoint an advisory board on blind, consisting of three members to serve without compensation, one member to have training or experience in connection with the care of the blind, and the other two to be reputable business or professional men with broad execu- tive experience. The State School for the Blind at Batavia will be placed under the jurisdiction of the Division of the Blind. The Fiscal Supervisor and Board of Charities will be relieved of all responsibility with reference to the care of the blind. The Legisla- ture will make annual appropriations to the State and other institu- tions on the basis of estimates submitted by the Commissioner of Education. There will be formulated and adopted a scientific and practical definition of blindness which shall be officially recognized by the State of New York and a consistent policy with reference to the registra- tion, education, training, employment and care of the blind residents of the State and the prevention of blindness. The Director of the Bureau of Special Education will appoint with the approval of the Commissioner of Education and the Board of Regents, a properly qualified person to supervise the care of the deaf and dumb. A uniform policy with reference to the education, registration, training, employment and general care of all deaf mutes will be formulated and adopted. The Commissioners of the Land Office, State Board of Charities, Fiscal Supervisor and the Governor will be relieved of all direct responsibility with reference to the care of the Indians and the Division of Indian Affairs of the Bureau of Special Education will be given responsibility for Indian care. The Division of State Charges under the Bureau of Special Education will cooperate with the institutional departments directly and through the Council of Public Welfare in supervising Summary of REcOMMENDATIONS 31 and recommending adequate educational facilities for the education of inmates and patients in the several state institutions. 11. The Bureau of Reference and Research will act as an inves- tigating staff and clearing house of information for the department. 12. It is recommended that the division of the State into school districts, outside of the cities and towns of five thousand, be based on a larger unit, preferably the county, with a properly qualified superintendent. 18. The Counsel to the Education Department will be transferred to the office of the Attorney-General. 14. These recommendations will require only statutory changes. Proposed Organization of the Department of Health 1. The Department of Health will continue to be administered by a Commissioner and one deputy with the advice and assistance of a Public Health Council. The term of the Commissioner will continue to be six years. He will be appointed by the Governor with the consent of the Senate. The Public Health Council will consist of the Commissioner ex-officio and six members, of whom three shall be physicians appointed by the Governor for overlapping terms of six years. 2. The department will be organized with the following bureaus: Bureau of Administration, Bureau of Laboratories and Research, Bureau of Malignant Diseases, Bureau of Publicity and Education, Bureau of Vital Statistics, Bureau of Venereal Diseases, Bureau of Communicable Diseases, Bureau of Child Hygiene, Bureau of Sanitary Engineering, Bureau of Tuberculosis, Bureau of Narcotic Drugs. Each Bureau will be in charge of a Director in the competitive class under civil service, excepting the Bureau of Administration, which will be under the Secretary of the department. The func- tions of these Bureaus will be the same as at present with the additions noted below. 3. The Institute for the Study of Malignant Diseases will be trans- ferred to the State Department of Health, to be administered by the Bureau of Malignant Diseases with the assistance of the present Board of Trustees which will be retained as an advisory and visiting 32 Revorr or REecoNsTRUCTION CoMMISSION board with powers similar to those of the Board of Managers of a State hospital. 4, The Departments of Health, Labor and Education will co- operate in developing a program for child welfare. 5. The Hospital for Crippled and Deformed Children and the control of all such children requiring state aid will be transferred to the State Department of Health to be administered by the Bureau of Child Hygiene. 6. The Hospital for the Treatment of Incipient Pulmonary Tuber- culosis will be transferred to the State Department of Health to be administered by the Bureau of Tuberculosis. 7. The State Department of Health, and through it the local health departments, will supervise the inspection and sanitation of immigrant camps and lodging houses, now a function of the Bureau of Industries and Immigration of the State Industrial Commission. 8. The present Department of Narcotic Drug Control will be transferred to the State Department of Health. This function will be under a new Bureau of Narcotic Drugs. 9. It is recommended that the Public Health Council make a report on the county as the local supervisory unit, planning in detail the organization and financing of this unit and its relation to the district units. It is also recommended that sufficient funds be appro- priated to experiment with such unit or units in cooperation with one or more counties. It is also recommended that the Health Council report on the desirability of separating the sanitary super- visors from the Bureau of Communicable Diseases and establishing a new Bureau of Local Health Supervision. 10. These recommendations require only statutory changes.’ Proposed Organization of the Departments of Mental Hygiene, Charities and Correction 1. There will be a Department of Mental Hygiene which will be under the direction and control of a Commission on Mental Hygiene composed of a physician required to have ten years’ experience in the care and treatment of the insane in an institution for the insane, a reputable attorney of ten years’ standing and a reputable citizen all appointed by the Governor with the advice and consent of the Senate to hold office during good behavior in the case of the physician and for six vears in the case of the other two members. The Commission will be responsible for the formulation and admin- istration of policies for the care of the insane, feeble-minded and epileptic, will direct and be responsible for the administration of all institutions for the insane, feeble-minded and epileptic and will visit Summary or REcoMMENDATIONS 33 and inspect all homes, institutions or other places within the State where the insane, feebleminded and epileptic are detained. The physician will act as chairman of the Commission. 2. There will be a Department of Charities to be ynder the direc- tion and control of a Board of Charities composed of twelve mem- bers, one from each judicial district and three additional members from New York City, appointed two each year for terms of six years, by the Governor with the advice and consent of the Senate. This Board will visit and inspect all state, county and municipal or private institutions, incorporated or not incorporated, which are of a charitable character, irrespective of whether or not they receive public aid, excepting correctional institutions and institutions for the insane, feebleminded and epileptics. The Board will not inspect State institutions, 3. There will be a Department of Correction which will be responsible for developing and administering the state’s policy with reference to the care of juvenile and adult delinquents, and which will be under the direction of a Commissioner appointed by the Governor with the advice of the Senate and serving at his pleasure. 4, There will be a Council of Correction, consisting of five mem- bers, of whom at least one shall be a woman, to be appointed for overlapping terms of five years by the Governor with the consent of the Senate which will advise and inspect state and local correctional institutions and supervise parole and parole and probation. 5. There will be also in the Department of Correction a paid Board on Parole and Probation appointed by the Council of Cor- rection and serving at its pleasure, to be composed of three paid members, one of whom will be a woman. This Board will parole all state prisoners, investigate and report on local probation system and hold preliminary hearings on pardons at the request of the Governor. 6. For each institution under the Departments of Mental Hygiene and Correction, including prisons, there will be a Board of Managers consisting of seven members (of whom not less than two will be women) appointed by the Governor with the consent of the Senate for overlapping terms of seven years. Superintendents of institu- tions ineluding prisons will be appointed by the Commission on Mental Hygiene or the Commissioner of Correction, as the case may be, subject to the approval of the local boards, as the result of civil service examinations. 7. There will be a Council of Public Welfare to be composed of the Chairman of the Commission on Mental Hygiene, the Com- 2 Report or REeconsTEuUCTION CoMMISSION missioner of Correction, Secretary of the Board of Charities, Com- missioner of Health and the Commissioner of Education. This council will act as a clearing house of advice and investigation in the general field of public welfare. It will collect statistics, make studies of the maintenance and construction of institutions, proper assignment and transfer of inmates in the various groups of institutions; the best use of the farms, industries and other economic materials in connection with the administration of all state institutions; the employment, compensation and welfare of institutional employees; deportation of inmates properly belonging to other states and countries; methods of purchasing and distribut- ing supplies, materials and equipment, and of the present admin- istration of local institutions by counties. 8. The duties and responsibilities of the following commissions, boards and departments: Hospital Commission. Hospital Development Commission. Board of Retirement. State Board of Charities. Fiscal Supervisor. Salary Classification Commission. Building Improvement Commission. : Board of Examiners of Feeble Minded ‘Criminals and other Defectives. Commission for the Care of Mental Defectives. Superintendent of Prisons. State Commission on Prisons. Board of Parole. Probation Commission. Board of Classification. will be consolidated under the Departments of Mental Hygiene, Charities and Correction. 9. The Thomas Indian School will be transferred to the Depart- ment of Education. 10. The Institution for the Care and Treatment of Crippled and Deformed Children and the Institution for the Care and Treatment of Incipient Tuberculosis will be transferred to the Department of Health. 11. The Soldiers’ and Sailors’ Home at Bath and the Woman’s Relief Corps Home at Oxford will be transferred to the Department of Military and Naval Affairs. 12. These recommendations require both constitutional amend- ment and statutory revision. Summary or RecoMMENDATIONS 35 Proposed Organization of Public Service Commissions 1. There will continue to be two Public Service Commissions to be known as the Tirst and Second District Commissions each under a single Commissioner appointed by the Governor with the consent of the Senate to serve at his pleasure. 2, Each Commissioner will have two Deputies. The Commis- sioner and Deputies in each district may sit as a board or individually in the decision of quasi-judicial and quasi-legislative questions, but the Commissioner will be responsible for all decisions. 3. The present Transit Construction Commission in the First District will be transferred to the City of New York and the Com- missioner will be appointed by the Mayor. 4. The following bureaus will be created in the First District Commission : Bureau of Light, Heat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. There will be Chief Engineers at the heads of the Bureaus of Light, Heat and Power and Transit Inspection, a Chief Statistician at the head of the Bureau of Capitalization, Statistics and Accounts and the Secretary of the Commission at the head of the Bureau of Administration. These bureau heads with the exception of the Secretary will be in the competitive class under civil service. 5. The following six bureaus will be created in the Second Dis- trict Commission: Bureau of Light, Heat and Power. Bureau of Telephones and Telegraphs. Bureau of Electric Railroads. Bureau of Steam Railroads. Bureau of Capitalization, Statistics and Accounts. Bureau of Administration. There will be Chief Engineers at the head of the first four bureaus, a Chief Statistician at the head of the fifth and the Department Secretary at the head of the sixth. These bureau heads with the exception of the Secretary will be in the competitive class under civil service. 6. The counsel and legal staff of both Commissions will be trans- ferred to the office of the Attorney-General if the Attorney-General is made an appointive officer. 7. Only statutory revisions are required to carry out these recom- mendations. ft 36 Report or Reconstruction CoMMISSION Proposed Organization of the Departments of Banking and Insurance 1. The present Departments of Insurance and Banking will be continued as separate departments. 9. Each of the proposed Vepartments will be under the control of a Commissioner, who will be appointed by the Governor with the consent of the Senate, and will hold office at his pleasure. This will extend the term of the Commissioner from three to four years. 3. The Department of Banking will be divided into the same bureaus as at present, each under a Chief Examiner in the com- petitive class under civil service. There will be only two Deputies, one assigned to the Albany office, and one to the New York office. 4. The divisions of the Department of Insurance will be con- solidated into seven bureaus. Bureau of Administration. Actuarial Bureau. Audit Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. There will be a Director at the head of the Bureau of Adminis- tration, a Chief Actuary at the head of the Actuarial Bureau, an Auditor at the head of the Audit Bureau, and Chief Examiners at the head of the other bureaus excepting the Examining Bureau which will be in charge of a Deputy Commissioner whose immediate assistants will be Chief Examiners. All of these positions with the exception of that of Deputy Commissioner will be in the competitive class under civil service. 5. The Counsel to the Insurance Department will be transferred to the office of the Attorney-General. 6. Only statutory changes will be necessary in order to carry out these recommendations. Proposed Organization of the Department of Civil Service 1. There will be a Department of Civil Service. At the head of the department will be a Chairman designated by the Governor who will receive an adequate salary and will be solely responsible for all of the administrative work of the Commission. There will be two other Commissioners on part time who with the Chairman will constitute a board which will meet once a week to pass on quasi-judicial and quasi-legislative matters. The two addi- Summary or RecomMENDATIONS 37 tional Commissioners will receive a nominal salary and traveling expenses. The thrce Commissioners will be appointed as at present. 2. The work of the Commission will be divided between two bureaus: Bureau of Administration, Bureau of Examinations. 8. The head of the Bureau of Administration will be the Secre tary of the department. This bureau will receive a larger appro- priation so that adequate equipment and office machinery and methods may be installed and maintained. 4. The head of the Bureau of Examinations will be the Director of Examinations. He will receive an adequate salary and will have a sufficiently large appropriation to put his bureau on a proper basis. This bureau will have the following divisions: Division of Examinations, Division of Medical Examinations, Division of Service Records. The Division of Examinations will be in charge of a Chief Exam- iner who will have a sufficient number of technical assistants quali- fied to maintain contact with departments and to improve the stand- ards of examinations. The salaries of these positions will be such as to attract and hold competent persons of broad education and experience. The Division of Medical Examinations will be in charge of a Chief Medical Examiner on full time who will prepare physical and medical standards and will supervise special medieal examiners who will conduct examinations throughout the State. The Division of Service Records will be in charge of a Supervising Examiner who will develop and operate the service record system with the assistance of examiners from the Division of Examinations assigned by the Director of Examinations. 5. There will be a Manager of Personnel in each large department of state government who will be in charge of all civil service matters and who will develop and administer a program covering labor turn- over, welfare activities, health and other employment matters. 6. These recommendations require only statutory changes. Proposed Organization of the Department of Military and Naval Affairs 1. Establish a Department of Military and Naval Affairs, at the head of which will be the Governor. He will appoint as his deputy an Adjutant-General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. 38 Reporr or ReconsTRUCTION COMMISSION 2. The Governor as Commander-in-Chief and head of the depart- ment will direct and be responsible for the administration of the military affairs of the State. 3. The staff of the Governor will consist of the Adjutant-General, his Military Secretary and not more than sixteen aides to be detailed by the Governor from the commissioned officers of the National Guard and the Naval Militia, including two from the State Reserve List of Officers. 4, There will be a Council of Military and Naval Affairs to advise the Governor whenever advice is needed on questions not specifically outlined in the Military Law consisting of: Commanding Officer of the National Guard. Commanding Officer of the Naval Militia. One member from the Judge Advocate’s Department desig- nated by the Judge Advocate and detailed by the Governor. One member of the Reserve Militia detailed by the Governor. One officer of the grade of field officer from each of the fol- lowing branches of the service detailed by the Governor on the recommendation of the Commanding Officer of the National Guard: Infantry, Cavalry, Field Artillery, Coast Artillery, Engineer Corps, Signal Corps, Medical Corps. Two officers of the Naval Militia detailed by the Governor on the recommendation of the Commander of the Naval Militia. 5. The Department of Military and Naval Affairs will be organ- ized with four principal bureaus: Bureau of Records. Bureau of Finance. Bureau of Personnel. Bureau of Maintenance and Supplies. 6. At the head of the New York office and the Albany office will be the First and the Second Assistant Commissioners of Military and Naval Affairs, respectively, with the rank of Colonel, and at the head of each of the bureaus will be a Director. 7. The State Armory Commission will be abolished and its duties will be transferred to the Department of Military and Naval Affairs Summary or RecoMMENDATIONS 39 and included among the duties of the Bureau of Maintenance and Supplies. 8. The duties of the Armory Board in the City of New York will be specifically assigned by statute to the Department of Military and Naval Affairs and be included in a new division of the Bureau of Maintenance and Supplies, the expenses of the division being borne by the City of New York, as in the case of the Public Service Com- mission for the First District. 9. The New York Monuments Commission will be transferred to the Department of Military and Naval Affairs and will become part of the Bureau of Records. The Governor will continue to appoint three veterans of the Civil War to serve as an advisory Board on Monuments to the Director of the Bureau. The Grand Army of the Republic and Meagher’s Irish Monument Commission in so far as they receive state aid will be responsible to the Bureau of Records of the Department of Military and Naval Affairs. 10. The Commanding Officers of the National Guard and of the Naval Militia will organize officers’ training schools for the instruc tion of enlisted men and officers and on the basis of records in these schools nominations for commissions will be made, subject to the provisions of Military Law. 11. The Governor, as Commander-in-Chief of the National Guard and the Naval Militia will commission all officers in the National Guard and Naval Militia on the basis of recommendations of the examining boards appointed by the Commanding Officer of the National Guard and the Naval Militia. 12. The Adjutant-General and Commanding Officers of the National Guard and Naval Militia will be removed only after due process of the Military Law. 18. In case of vacancy in the position of Commanding Officer of the National Guard or Naval Militia, the Governor will nominate and with the approval of the Senate appoint a successor. 14. The New York State Woman’s Relief Corps Home at Oxford and the New York State Soldiers’ and Sailors’ Home at Bath will be transferred to the Department of Military and Naval Affairs and the Director of the Bureau of Maintenance and Supplies will have immediate supervision and direction of the administration of these institutions. The local boards of managers will retain their present duties. 15. The Governor will nominate and with the consent of the Senate appoint the Commanding Officers of the National Guard 40 Report or REcoNSTRUCTION COMMISSION and the Naval Militia in accordance with the Military Law of the United States and the State of New York. 146. These recommendations will require only statutory changes. Budget Recommendations An executive budget system will be embodied m proper form in the Constitution of the State. The following are the essential elements of such a system: 1. The Governor will be made responsible for securing estimates of proposed expenditures from responsible officers of all state spend- ing agencies; also estimates of all anticipated revenues of the state for the period to be financed. The incoming Governor of New York assumes the duties of his office on January 1st which is usually two or three days before the beginning of the legislative session. If the budget program has just been prepared by the outgoing Governor and submitted to the Legislature, the new Governor cannot be held responsible for it. Estimates may be gathered and com- piled under the supervision of the old administration, but the new administration will have the power to make up the budget and present it to the Legislature. The new Governor will make up the budget after he has appointed his department heads and can call them into conference to determine their relative needs in the financial program for the coming year. 2. The Governor will be required to review all estimates of expenditures and with the aid and counsel of his admimistrative colleagues to prepare a complete plan of proposed expenditures in which the relative importance of all demands on the treasury are considered. 3. The Governor will have a permanent staff agency to assist him in the collection of budget data and the preparation of the budget. Under the proposed plan of organization the Bureau of Administra- tion in the Executive Department will be charged: with the duty of gathering the estimates and other information relative to the budget and of making a complete compilation of all budget data for the use of the Governor. 4, The Governor will! be required to hold public hearings on a tentative budget before its presentation to the Legislature: 5. The Governor will be required to present to the Legislature early in the session a complete plan or budget embracing all of the proposed expenditures shown in connection with the anticipated revenues of the state; also a statement of the condition of the treasury both at the beginning and at the end of the period covered Summary oF RacoMMENDATIONS 41 by the budget, and a program of revenue measures. If found necessary, in financing expenditures for public works to raise part ‘of the moneys required by the issuance of bonds, then the budget ‘will contain an estimate of such proposed expenditures with a state ment of the amount to be raised by bond issues. Full details will be given as to the requirements to be attached to the issuance of the bonds. 6. The Legislature will be required to begin immediately and openly to consider the Governor’s budget. 7. The Governor will have the right, and it shall be his duty to meet with the committees of the Legislature and with the Legislature as a whole to explain, discuss and define his financial proposals. 8. The Legislature will not be permitted to pass any appropria- ‘tion ‘bill exeept upon the recommendation by the Governor, until the Governor’s entire plan is acted upon. 9. The Legislature will not be permitted to add to the Governor’s proposed budget, but only to reduce and strike out items therein. 10. The Legislature will be allowed to provide for expenditures in addition to those contained in the Governor’s budget only by special procedure and subject as at present to the Governor’s veto. 11. The Governor will be given authority to supervise the ex- ‘penditure of all appropriations and will be required to report trans- ‘fers and changes m the schedules or allotments of appropriations to the Legislature. In order that the Governor and his department heads may have reasonable latitude in making expenditures, the appropriation or budget bill will not be rigidly itemized. One of two plans will be adopted. The first plan contemplates that the appropriation for each main class of expenditures in an organization ‘unit will be made in lump sum with a supporting schedule for each lump sum. This schedule will serve as a guide to expenditures rather than a rigid program, transfers being permitted within a schedule by application to and approval by the Governor. Under the second plan a lump sum appropriation will be made by the Legis- lature to each main class of expenditure in an organization unit and control over the expenditure will be secured by requiring each unit to allocate its lump sum appropriation with the approval of the Governor just prior to the beginning of the fiscal year for which the appropriation is made. a Salaries of State Employees 1. A logical classification of state employees will be adopted, based on duties and value of services. This work will be done by 42 Report or ReconsTRUCTION CoMMISSION the Bureau of Administration in the Executive Department co-oper- ating with the Civil Service Commission. 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard class- ification in which the duties fall. 8. The Bureau of Administration will establish current control over changes in personnel in the several departments. Effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees. Adjustments will not be made by cutting of salaries or by the wholesale elimination of positions. 4, The classification will be revised currently to meet changing conditions in the service. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of employees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedures of the Civil Service Commission to determine whether or not the commission is properly equipped to assume its responsi- bilities under the more stringent regulations and standards which will be set forth in the new classification. 7. All positions now exempt which are not of a policy determin- ing character will be placed in the competitive class. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. 9. These recommendations will require only statutory and admin- istrative changes. Pension and Retirement Systems 1. The Pension Commission will formulate an efficient state and local pension and reinsurance plan, using for the purpose a new Division of Pensions in the proposed Bureau of Administration in the Executive Department, with an expert pension and actuarial staff. This plan will involve the reorganization of existing funds and the extension of state and local systems. 2. The proposed Pension Division of the Bureau of Administra- tion will perform the following duties with respect to pensions in the state, municipal and county services: SumMMaRy oF RECOMMENDATIONS 43 Supplying information to the Pension Commission, Legisla- ture and local authorities. Collection of pension data. Formulation of scientific pension plans. : Actuarial valuations of pension funds and calculation of rates of contributions. Preparation of an annual report on the pension situation. Ultimately, supervision under such boards as may be estab- lished, of the operation of state and local pension funds with a view to enforce sound standards, 3. There will be associated with the Pension Commission two advisory boards of employees, one on state pensions and one on local employees’ pensions. 4, These recommendations require only statutory changes. State Printing Recommendations 1. The present Printing Board will be abolished. The Comptroller as State Auditor will have nothing to do with letting contracts. This is not properly a function of the Attorney-General or of the Secretary of State. Since there is provided in the Depart- ment of Taxation and Finance, a Bureau of Purchasing to install and operate so far as practical central purchasing methods, the present functions of the Printing Board insofar as they are retained will be transferred to this bureau. Preparation of specifications, let- ting of contracts and inspection of all printing, advertising, and publication will be centralized here. All appropriations for these purposes will be made to the Bureau of Purchasing. 2. The standardization of departmental reports and bulletins, a new function, will be performed by a Supervising Editor in the Bureau of Administration attached to the Executive Department. (See Part II, Chapter 1.) This agency also prepares the budget, is in the closest touch with the work of all the departments and the results accomplished, and is in the best position to advise on the amounts to be appropriated for department printing. An arrangement similar to this operates successfully in the Com- monwealth of Massachusetts. The Office of the Supervisor of Ad- ministration prepares the budget for the Governor before its sub- mission to the General Court (Legislature), and in that office there is a Director of Publications who has full authority to edit all depart- mental reports and to eliminate unnecessary matter. Appropriations for departmental printing will be paid out by the 44 Report or Reconsrauction Commission Department of Taxation and Finance only on the approval of the Bureau of Administration. The Supervising Editor in the Bureau of Administration will by conference if possible, and otherwise by the Governor's order elimi- nate unnecessary material and standardize the forms of reports with a view to producing compact, clear statements of the work of the departments. He will make efforts to have all annual reports appear at approximately the same time, and not later than February 1 of each year. 3. Abolish the printing and advertising of session laws and so far as practical of official notices and publish these in a State Record to be issued weekly or bimonthly through the Bureau of Adminis- tration. This State Record will include in addition to these items, proceedings, calendars and notices of meetings of committees of the legislative boards, civil service examinations and other announce- ments. Boston has its Municipal Record and New York City its City Record which serve these purposes. All contracts for publishing such a State Record will of course be made. by the Bureau of Purchasing in the Department of Taxa- tion. ! 4. The State will publish only the reports of its own official agencies and not those of any private or quasi public agency unless such reports are published as part of the annual report of one of the regular state departments. 5. These recommendations require only statutory revision. IT WILL BE SEEN THAT THE ABOVE RECOMMENDATIONS REQUIRE CONSTITUTIONAL CHANGES IN SOME CASES, STATUTORY REVISIONS IN OTHERS, AND IN STILL OTHERS ONLY ADMINISTRATIVE CHANGES. CONSTITUTIONAL AMENDMENTS CANNOT BE MADE EFFECTIVE UNTIL JANUARY 1, 1922, SINCE AMENDMENTS APPROVED AT THE NEXT SESSION OF THE LEGISLATURE MUST ALSO BE APPROVED BY THE LEGISLATURE OF 1921 AND MUST THEN BE APPROVED BY THE MAJORITY OF THE VOTERS AT THE ELECTION IN NOVEMBER, 1921, CONSTITUTIONAL AMENDMENTS HAVE BEEN DRAFTED WHICH MAY BE INTRODUCED AT THE NEXT SESSION OF THE LEGISLATURE. A LARGE NUMBER OF CONSOLIDATIONS AND INTERNAL CHANGES MAY BE MADE BY STATUTORY REVISIONS IN THE MEANTIME. PART II ORGANIZATION OF PRESENT AND PROPOSED DEPART= MENTS CHAPTER I.— EXECUTIVE DEPARTMENT Term of the Governor It has already been stated in the underlying principles that it is pro- posed to extend the term of the Governor from two to four years. Present Organization of the Executive Department At the present time the Executive Department consists of the Gov- ernor’s Secretary, receiving $7,000, and his secretarial staff, the Counsel to the Governor, receiving $5,000, the Military Secretary to the Governor receiving $3,000, and a Budget Secretary receiving $4,000. In the chap- ter on the Attorney-General which follows, it will be seen that it is pro- posed to transfer the Governor’s Counsel to the Attorney-General, if the Attorney-General is made an appointive instead of an elective officer. The only criticism which can be made of the remainder of this organiza- tion is that the Budget Secretary has no staff and therefore is entirely unequipped to help the Governor make a budget; and that in addition to budget making there is great need of a staff to perform other investiga- tional and administrative work for the Governor, if he is to assume real leadership over the various state departments. A staff, in order to be effective should not be part of one of the operating or “line” depart- ments, such as the proposed Department of Taxation and Finance, but should be a separate unit attached to the Executive and limited exclu- sively to staff work. The “line” organization consists of officials and employees who actually perform and are responsible for the daily routine administration of the executive departments of the government under the several department heads. The staff organization consists of the group or groups of special investigators in no way responsible for daily operation and administration or for the regular performance of the duties of the departments, but attached to the Executive to advise and report to him on methods, processes, system, organization and other problems which can only be worked out by an independent agency detached from routine work and administrative responsibility. The need for staff agencies increases as the functions of the State government become more complex. It is therefore proposed to develop the present Budget Secretary’s office into a Bureau of Administration under the Governor. Functions of Proposed Bureau of Administration The proposed Bureau of Administration, as a staff agency of the Gov- ernor of the State, will have the following duties: 1. Preparation of the budget and reporting on current changes in budget schedules. Under the budget plan proposed in Part IV the 48 Report or Reconstruction CoMMISSION Governor will be responsible for preparing the budget and for the ~ analysis of the estimates of expenditures submitted by the various state departments. In order to do this he must have available de- tailed information collected by an experienced, disinterested staff, as to organization, personnel, equipment, materials and: supplies, ex- pense and cost data, and all other pertiment. information for all the state departments and. agencies. He will then be prepared with the. assistance of the. staff, to weigh and balance department requests and to co-ordinate and revise on the basis of uniform. rules and: a. unified. program. 2. Reports and Investigations. of work. of departments. The Governor and his. department heads need: to have-a.check upon depart- ment activities, in onder to. keep: them. up: to. the proper standard. of administration. From time to. time it is necessary thoroughly to investigate: almost all departments om bureaus. Special investiga- tions under the: Moreland Act do not adequately fill this need.. Such investigations are:conducted by a.new force of examiners. every time, are not uniform in scope, methods or procedure, are generally insti- tuted to sift charges of malfeasance or dishonesty, and therefore create in the departments an. atmosphere of opposition rather than. co-operation. A permanent central agency responsible to the: Gaver- nor for budget activities and having continuous: contact with. the. departments should also: be available for special investigations at. the request. of the Governor or the departments. It would also be. available to make investigations for the Legislature or for special committees, or commissions: whenever the need. arose to obtain facts, not readily obtainable from. the several state departments. If this. staff were in existence: the tendency would: be to avoid the establish- ment of small boards and commissions which are created from time to time for a specific purpose. One of the: best illustrations of such. need is afforded by a review of the work during the. last decade: of. the Commissioner of Accounts, the special. staff agency of the Mayor in New York City. The range of investigations.is wide. The need. seems to be constant. The results, on the whole, are out of all proportion to the expense.. The annual and other reports of the state departments are of interest to the Governor, the various state officials and the people at large, because they are the official record of the work of the executive departments. As indicated in Part VI of this report, there is need of carefully supervising the publication of these reports in. order that information which is unessential may be eliminated and information COUNSEL TO THE GOVERNOR To perferm the functions of the Chief Executive of To advise with the Governor on all legal mattersamerits of bills; to in- vestigate all matters concerning par- dons and restoration to citizenship, and to carry out miscellaneous legal Executive Law, Section 4, A el $5,000.00 Executive Legal Assistant 5,000.00 se 178 Requisition Clerk - EXECUTIVE DEPARTMENT TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919) 26 TOTAL COST OF PERSONAL SERVICE (1917-1918 } $ 66,673.77 TOTAL COST OF MAINTENANCE & OPERATION (1917-1918) 36,188.40 TOTAL COST OF DEPARTMENT (1917-1918) $ 102,861.67 TOTAL COST OF PERSONAL SERVICE (1918-1919) $ 13,150.00 TOTAL COST OF MAINTENANCE & OPERATION (1918-1919] 43,900.00 TOTAL COST Of DEPARTMENT (1918-1919) $ 117,050 00 » the State, and Y enforce the laws thereof. MILITARY. SECRETARY 10 THE GOVERNOR Constitution, Article IV. Executive Law (Chap.16,Consolidated Laws.) To act as @ide to the Governor, to act as keeper and recorder of legislae- tive bills Military Secretary to Governor§$3,000. Governor $10,000.00 Lieutenant Governor + = - 5,000.00 00.00 SECRETARY T0 THE GOVERNOR ; BUDGET SECRETARY To serve as the administrative offi- To advise with the Governor on all cial of the Executive Department; to perform the duties of the secretary to the Trustees of Public Buildings,and the duties of Secretary to the Building appropriations for the Governor's con- sideration. Improvement Commission;to carry out special assignments;to do all confi- dential work for the Governor. Executive Law,Section 4. Secretary to the Governor - Pes Assistant Secretary - - - - $4,500.00 6,600.00 2,000.00 Other empJoyees (4) - - - - Temporary services - - = = TENOGRAPHIC CLERICAL To perform all the stenographic work To perform all clerical work connect- connected with the Executive Departmen ed with the Executive Department. Stenographers (9) - - ~ -$12,450.0Q Employees (3) - - - - - -$4,500.00 Executive DepartMEnt 49 which is desirable may be published in an interesting, readable and uniform way. The-division in charge of special investigations should also. be responsible for the. editing of these department. reports to. make certain that. they conform. to proper methods of presentation and standards of. economy. _ 8. Formulation of pension systems for state and local employees. The present conditions with respect to state and local. pensions are discussed, in Part V of this.report. The present state systems cover only a small fraction of all state employees, vary widely as to con- tributions and benefits, and are actuarially unsound. Local pension: systems are similarly restricted and at variance, are in most cases. umgound, and in some cases already bankrupt. The Legislature in providing for these state and local funds has been without. techni- eal.advice. At the present time there is a State Pension Commission composed of seven members, including the Superintendent of Insur- ance: ex-officio, four appointees of the Governor, and one each. of the: President pro tem of the Senate and the Speaker of the Assembly. This Commission has inadequate funds and no staff. There is great. need, of a pension staff to assist the Governor and Commission om Pensions in formulating a program and to. advise local. authorities. and the Legislature on pension bills. This staff should draw up plans for a retirement system for state employees, rules and standards governing local funds, and a plan for a reinsurance system under the State for local funds. When these plans and rules have been put. into effect the pension staff should continue to supply the working. and operating experts for the boards created to administer them. These boards should be attached to the Bureau of Administration. and the Director of the Bureau should be a member ex-officio representing, the Governor. 4. Preparation of a classification of titles, duties, qualifications and salaries of the various positions in the state service. The need of such a classification is discussed in Part V of this report. This classification involves a close study of the organization of all depart- ments and is essential in the preparation of the budget and in the proper administration of the state government. The development of such a classification, while it requires the close co-operation of the Civil Service Commission, is primarily a staff function which should be centralized in an office closely associated with the Executive and his budget agency. 50 Rerorr or Reconstruction ComMMIssion Organization of the Proposed Bureau of Administration The proposed Bureau of Administration will be organized under a Director, who will be appointed and removed by the Governor and whose term will be the same as that of the Governor. In addition to the Director, a Secretary to the Director and several confidential examiners for special investigational work will be in the exempt class. All other employees including division heads will be in the competitive class. There will be three permanent divisions, and one temporary division whose functions at the end of a period of about two years will be trans- ferred to the Budget Division: (1) A Budget Division to assist in the preparation and revision of the budget; (2) a Division of Reports and Special Investigations to make special investigations for the Governor, the Legislature and for department heads and to supervise departmental reports; (3) a Division of Pensions to assist in the formulation of a proper pension system or systems for state and local employees, to advise the Governor and Legislature on pension bills and to operate such, new state systems as may be established; (4) a temporary Division of Classification of salaries to prepare in co-operation with the Civil Service CommisSion for submission to the Governor and the Legislature a classification of personal service and salaries to govern all state employees. There will be an Assistant Director at the head of each of the per manent divisions, The head of the temporary Salary Classification Divi- sion will be known as the Special Examiner of Salaries. His compensa- tion and conditions of service will be determined after discussion with the Civil Service Commission. The effort will be to get an expert on part or full time to complete the classification with the assistance of the Civil Service Commission as quickly as consistent with efficiency. The classification ought to be completed in less than a year and will be sub mitted to the Legislature with a provision for current revision by the Bureau of Administration. If the Legislature approves this measure, the Special Examiner will remain at the head of the Temporary Division for at least one year to assist in putting the proposals into effect. At the end of this period the work of this division will be merged with the work of the Division of the Budget. The Special Examiner’s services will terminate along with those of all assistants, excepting one who would be needed to keep the classification up to date. ExeEcutTivE DEparTtTMENT 51 Summary of Recommendations 1, The term of the Governor will be four years. 2. Establish a Bureau of Administration as an independent staff agency in the Executive Department under a Director to be appointed by the Governor and to serve at his pleasure. 3. This Bureau will be organized with three permanent divisions, each under an Assistant Director in the competitive class, and one temporary division under a Special Examiner in the competitive class, Permanent: Budget Division, to report on the preparation and revi- sion of the budget. Division of Reports and Special Investigations, to make special investigations for the Governor, department heads and the Legislature and to supervise the publication of reports and other documents of the various departments. Pension Division, to prepare and eventually to admin- ister a proper pension system for state employees. Temporary (to be merged eventually with the Budget Division) : Division of Classification of Salaries, to prepare in co- operation with the Civil Service Commission for submis- sion to the Governor and Legislature a classification of personal service and salaries to govern all state employees. 4. Transfer to the Bureau of Administration the following existing agencies: State Printing Board (supervision of department pub- lications only. All other functions to the Department of Taxation and Finance). Salary Classification Commission. The Commission on Pensions and the Board of Retirement of Hospital Employees will be continued until a plan of retirement is formulated and adopted. 5. Only statutory revisions are required to effect these changes excepting the lengthening of the Governor’s term which will require constitutional amendment. 52. Report or Reconstruction CoMMISSION Proposed Organization of the Executive Department EXECUTIVE DEPARTMENT Military Secretary to Governor Counsel to the the Governor Governor Secretary to the Governor | B ISTRATION : PENSION UREAU OF ADMINIS | COMMISSION L Director’ DIVISION OF jj / ‘TEMPORARY — |. BUDGET SPECIAL : DIVISION OF PENSION DIVISION INVESTIGATIONS CLASSIFICATION DIVISION AND REPORTS OF SALARIES Assistant, Director | Assistant Director Special Examiner Assistant Director Note that it is not proposed to disturb in any way the existing State retirement funds for hospital, court and other employes, or existing city or other retirement funds which may be affected by the new State plan. Note also that it is proposed to continue the present Pension Commission until a comprehensive retirement plan is formulated. See report on Salaries and Pensions, Part V. Department or Auprr anp Contro. 53 CHAPTER 2.— DEPARTMENT OF AUDIT AND CONTROL Present Organization of the Comptroller’s Office The office of Comptroller for the State of New York was established by statute more than a century ago. In 1821 it was made a constitutional office, with the requirement that the Comptroller be chosen by a joint ballot of both houses of the Legislature. For twenty-five years the Comptroller continued to be selected by this method, when the Constitu- tion of 1846 provided that he be elected by the people and hold office for a period of two years. This provision was reincorporated in the present Constitution. In a number of other states the method of choosing a Comptroller has evolved from appointment by the Legislature to election by the people. At the present time only three States, namely, New Jersey, Tennessee and Virginia have Comptrollers or Auditors chosen by the Legislature. In thirty-nine of the States this officer is chosen by the people. In the re- maining six states the auditing functions are performed either by some officer, as the Secretary of State acting in an ex-officio capacity, or by an officer or examiner appointed by the Governor. While this change from an appointive to an elective comptroller may not have been the result of any definite understanding of the independent nature of the functions of audit and control, it is, nevertheless, a desira- ble change. The functions of audit and control should be vested in a single officer, elected by the people, so that he may be independent of the whole executive government of which he is the critic and upon which he is the check. Serious defects are to be found in the provision of the Constitution relating to the office of Comptroller. In the first place it has established the office but has failed to prescribe the duties which are fundamental to it. In the second place it has failed to protect the independent character ef the functions of audit and control. Thus it has left the Legislature practically free to prescribe by statute the powers and duties of the Comptroller. In the assignment of his duties the Comptroller has been required to determine what revenues should be accrued, to collect such revenues, and to audit and verify his own collections and accruals. Such duties cannot be reconciled with the functions properly belonging to the office of the Comptroller. The Legislature has recently added to the already discordant functions of the Comptroller’s office under a section of each of the general appzo- priation acts of the past three years by authorizing the Comptroller to 54 Report or Reconstruction ComMMIssION promulgate definitions of the expense classifications by titles, “defining . the purposes for which moneys appropriated under each title may be ex- pended,” and giving him the further power “ to amend such definitions from time to time as in his judgment becomes necessary for the proper conduct of the fiscal affairs of the State.” This practically means that he has the power both to authorize expenditures and to reclassify appropria- tions. At the same time he is required to audit all accounts, which may amount to auditing his own authorizations for expenditures. In addition to the sweeping provisions of the State Finance Law requir- ing the Comptroller to “superintend the fiscal concerns of the State” and to perform sundry other purely administrative duties, he is also required to serve in an ex officio capacity on the Canal Board, State Board of Equalization, State Printing Board, Salary Classification Commission, Central Supply Committee, Commissioners of the Canal Fund and Commissioners of the Land Office. Here is an auditing office, established as a part of the constitutional machinery for checking up and enforcing administrative responsibility, yet laboring under administrative duties assigned to it by statute, the effect of which is to destroy the disinterestedness of its audit and verifica- tion. It is obvious that the officer who performs the functions of audit and control should not himself be an administrative officer charged with the duties of collecting and expending the funds of the State. The func- tions of audit and control must be completely separated from the func- tions of planning and spending if there is to be effective check and efficient criticism. The work of the Comptroller’s office is organized under the direct supervision of each of four Deputy Comptrollers. There are more than a dozen bureaus performing functions which may be roughly grouped under two heads: (1) Those concerned mainly with audit and control of revenue and expenditures, and (2) those concerned principally with the accrual and collection of taxes and revenues. The bureaus which are concerned mainly with audit and control are as follows: Audit Bureau makes audits of state institutions, boards, commis- sions and departments; passes on contracts for maintenance of insti- tutions; keeps appropriation accounts; prepares financial state- ments, and the Comptroller’s annual report. Finance Bureau has supervision over auditing of all accounts against the state, draws warrants, keeps financial records, and super- vises sinking funds, trust funds and bond sales. Deputy Comptroller HIGHWAY BUREAU To audit Highway eccounte aadvaaprey contracte, Liens end ave lynmente. Highway Law, Chap. 342-1913; Lien Law. Highway Audit Clerk (i) 03,50 Employees 1) 1,600 CORPORATION TAX BUREAU To collect taxes on corporations. a 30,372.50 To collecttaxes on transfers of prop- erty by will, intestate lew oy by deed made in contemplation of donth. AUDIT BUREAU To audit accounts of departments, institutions, boards, etc-; to oper- ate sppropriations on accrual basie; to examino all] institutional pur- TY F57300~ 39,210 RETIREMENT FUND STATE HOSPITAL SYSTEM To operate fund, Bmployees of the Hospital System, Dannemora and atteawen State Hoepitalse,~ penal fnutitutlone included. 2, 607, 1916, 499, SS Q) COMPTROLLER TOTAL NUMBER OF ZMPLOYELS--MARCH 1,1919_. 191 COMPTROLLER To superintend the Fioca) Affaire of the State; qndtp servo ai eee member of the Canal oe Commisatoner of the cost OF PERSONAL SEWICE - 1917 - 1918 $ 472 355 al Fund, and State Printing, ard. , a ? Sere Meee see aise a COS't OF MAINTENANCE AND OPERATION -1917-1918 151,196.98 Conetftution, Art.IV,V, Sec. 1; State Finance Law Sec. 46 « TOTAL COST Of DEPARTMENT - (917-1918 4 623511 98 omp trol or aot iy 2 ¥, GOO as Q) 4,000 TOTAL APPROPRIATION- PERSONAL SERVICE-EXCLUSIVE OF DEFICIENCIES (1918-19) - - - - - 4 483,925 00 —— — TOTAL APPROPRIATION OF MAINTENANCE EXCLUSIVE OFDEFICIENCIES(I918-19)- - - --- 160,850.00 TOTAL APPROPRIATION FOR DEPRARTMENT-EXCLUSIVE OF DENICIENCIE S918 19) 3 644,775 00 DEPUTY COMPTROLLER DEPUTY COMPTROLLER Q) DEPUTY COMPTROLLER Supervision of New York Off icoe Deputy Comptroller $6,000 Deputy Canptroller (2) $6 ,000 MUNICIPAL ACCOUNTS COURT AND TRUST YUND AND LICENSE BUREAU LAND TAX BUREAU ADMINISTRATION ‘o be rewponsible for telephone, tenographic, clerical, etc+, services To collect taxea on real property and state Inds in tho foreat preserva, to have charge of State aid to town and county highwayeond to Supervise U.S $32,000 4,000 To exewino civil divisions of the 31,100 Deposit Fund. Stata othar than citioe of ‘he firet | ‘Employoos est tee tt ee eee ee ee canon; to examing Court and Trust Peis Appraisers 3} $22,000 Tax Law, Sec. 75; 78-94. Funda {n al) counties deposited with 4,900 county troaeurere and the chaaber)ain of tha City of Mow York?) 0 licease detectives and etvamehip ticket Chief Clerk S(T) SOT Faptoyeos oni) 22,500 HW. B. Lani Tex Bureau te reeponeibdle to two Deputy Comptvollers as < A i 4 $16 ,000 STOCK, TRANSFER. TAX BUREAU cee A 10; 700 To collect taxes on ales, egrooment delivery,or tranofer of shares of Goneral Mur te dpa Low, Arc. IX; indicated. Finance law Sectiea IV, Sua. 8; stock. Coneral Suainces Law, Arte Vile ee ee ee ee ee ee ee ee bs eon eae Tax Law, Art. XII. Director T) €4, 500 Suporvising Examiner (1) 4,590 Chief Clerk 2)123,615 | [En L Employees (42)123,615 mployoes ADMINIS TRATION ‘0 be responsible for the telephone, stenogrephic, clerical, otc.) services [INVESTMENT TAX BUREAU To collect taxos on investaente and registration of investmentoe TRANSFER TAX ATTORNEYS Tax Lew, Art. XV. Thiet Cier Employees FINANCE BUREAU To sudit vouchers, draw warrants, keep finanet, 1 recorés, reports and atatisticd™ Hak ing fund transactions to examine State departments and inetitutions, etc. Chiat Clerk Employees Finance Law, Sec- or & voycher clerk rv ising Accountant ({ oyees BUREAU Of CANAL AFTAIRS To supervise financial transact lone releting to canals. LICENSE BUREAU To inveetigate epplicante for private detective licenses, and al Attorney Employees 1) 900 Chap. 515, 1910. Detective agents By Finance Law, Art. IV. Canal Law, Sec. 21. Chief Q) $4,000 Employees (io) 20,000 STATE PRINTING BOARD ‘0 wuperviso State printing orders to audit printing foucherse rinting Lew ae amonded, Chap. 667, 917. thier ~~ FROG Employees 6) 7,950 Paid from fund. ** Paid from Tronofor Tax Meneye. In other counties there are 15 appraisers not covered above DeparRTMENT or Avpir anp ConTROL 55 Highway Bureau audits accounts of the Highway Department, examines contracts for construction and audits payment of claims. Municipal Accounts, Court and Trust Funds and License Bureau examines the accounts of civil divisions of the State, other than cities of the first class, examines court and trust funds deposited with County Treasurers and the Chamberlain of the city of New York, and licenses detective and steamship ticket agents. The following bureaus of the Comptrollei’s office are concerned prin- cipally with the accrual and collection of taxes and revenues: Corporation Tax Bureau locates taxable corporations, obtains evi- dence necessary to levy taxes, makes levies and handles matters re- lating to reduction of capital stock. This bureau also collects taxes upon corporations, and issues warrants for unpaid taxes. Transfer Tax Bureau imposes transfer tax and penalties, and col- lects tax on transfer of property by will, intestate law or by deed made in contemplation of death. Retirement Fund Bureau operates retirement fund for employees of state hospital system, Dannemora and Matteawan state hospitals, also penal institutions. Land Tax Bureau collects taxes of real property and state lands in the forest preservation, prepares deeds for land sold for taxes, exam- ines assessment rolls, has charge of state aid to town and county highways and supervises United States Deposit Fund. Bureau of Canal Affairs supervises financial transactions relating to canals. State Printing Board supervises state printing orders and audits printing vouchers. The work of this Board is included in a bureau of the Comptroller’s office. Investment Tax Bureau collects taxes on investments and registra- tion of investments. Stock Transfer Tax Bureau examines records of companies, trans- fer agents and persons engaged in brokerage business to determine whether required tax is paid. This bureau also collects taxes on sales or transfer of shares of stock. License Bureau is maintained in the city of New York to inves- tigate applicants for private detective licenses and complaints in con- nection with such licenses. Income Tax Bureau has recently been established to carry out the provisions of the new Income Tax Law. Two bureaus of administration, concerned with routine office work, are maintained in the Comptroller’s office; one in the Albany branch and the 56 Report or Reconstruction ‘CoMMIssIoN other in the New York branch. A number of transfer tax appraisers and transfer tax attorneys are attached to the New York branch of the office, It will be seen that those functions of audit and control which properly belong to the Comptroller are practically all comprehended in the work of the first group of bureaus, while the work of the second group is mainly of an administrative nature and should, therefore, be incorporated in a Department of Taxation and Finance under the direct control of the ‘Governor. Organization of the Proposed Department of Audit and Control It is proposed to create a Department of Audit and Control, the head of which shall be the Comptroller, elected by the people at the same time and for the same term as the Governor. As a term of four years is recom- mended for the Governor, a similar lengthening of term is recommended for the Comptroller. Under this plan the Comptroller will represent the people of the State, directly elected by them to keep watch upon the acts of all the administrative departments, to see that the revenues of the State are expended in accordance with the authorizations of the Legisla- ture. It will be his duty to demand that all the safeguards and limita- tions prescribed by law are observed and to call the attention of the rep- resentatives of the people in the Legislature to any malfeasance on the part of administrative officers. All vouchers representing expenditures of the State’s revenues will be audited and approved by him before pay- ment is made. He will also audit all revenues—both accruals and col- lections — of the State. Under the proposed plan for the reorganization of the Comptroller’s office only two Deputy Comptrollers will be needed. As it appears to be necessary to maintain a branch office of the Department of Audit and Control in New York city, one of the Deputies will supervise it while the other has charge of the Albany office. It will be necessary to maintain Bureaus of Audit, of Finance, of Municipal Accounts and Administration in the proposed Department of Audit and Control, all of which will be organized practically as ‘at the present time. Each Bureau will be under a Director in the competitive class under civil service excepting the Bureau of Administration, which will be under the Secretary of the Department. Little or no change in the personnel of the present bureau staffs will be required. Any work now performed by these bureaus which does not belong strictly to the func tions of audit and control will, of course, be transferred to the new Department of Taxation and Fiance. The present Highway Bureau will be abolished and its work transferred to the Audit Bureau. DeparrMent or Aupir AND ContTRoL. 57 Ais has. already been pointed out, all duties now performed by the Comy,roller’s office not properly belonging to the functions of audit and eontzol will be transferred to other proposed departments, principally to the Department of Taxation and Finance. The duties to be transferred will include mainly those concerned with the accrual and collection of revenues and financial administration as now performed by the Corpora- tion Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, Court and Trust Funds, License Bureaus, Investment Tax Bureau and Stock Transfer Tax Bureau. The question of how the work of these bureaus may be combined and consolidated with other functions is discussed under the proposed Department.of Taxation and Finance. Summary of Recommendations. 1. Establish a Department of Audit and Control of which the Comptroller, elected for a term equal in length to that of the Gover- nor, will be the head. This will require constitutional change, pro- vided the Governor’s term is made four years. The fundamental duties of the Comptroller will be outlined in the Constitution in order to prevent the assignment to his department by statute of purely administrative functions. The department will be required to perform only those functions which come within the category of audit and control, and the numer- ous administrative duties now performed by the Comptroller’s office will be transferred to the administrative departments. This depart- ment will not receive budget estimates or be responsible for their compilation. 2. Only two Deputy Comptrollers will be necessary. They will be able easily to supervise the work of the department, one being in charge of the Albany office and one in charge of the branch office in New York city. 3. The Department of Audit and Control will be organized with four bureaus, namely, Audit Bureau, Finance Bureau, Municipal Accounts Bureau and Bureau of Administration. There will be a Director in the competitive class under civil service at the head of each of the bureaus excepting the Bureau of Administration which will be under the Secretary of the Department. The Audit Bureau will audit the books and records of the depart- ments and institutions of the State. The annual report of the Department will be prepared by this Bureau, and in addition, all financial statements. 58 Report or Reconstruction CoMMISSION The Finance Bureau will have control over accounts against the State; will audit all payrolls and vouchers before payment; and will keep appropriation accounts and other financial records. It will also audit all revenue accruals and collections. The Municipal Accounts Bureau will examine the accounts of all municipalities of the State other than cities of the first class, and will compile comparative data on municipal finances. The Bureau of Administration will be in charge of office manage- ment and the budget, finances, personnel and reports of the department. The Highway Bureau will be abolished and such of its accounting functions as it may be necessary to continue will be placed in the Audit Bureau of the proposed Department of Audit and Control. The Highway Bureau audits the accounts and records of the present Highway Department which will be merged into the proposed Department of Public Works. 4, All functions not distinctly those of audit and control, as the accrual and collection of revenues, will be removed from the Comp- troller and given to administrative departments. Practically all of the functions performed by the Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau and Stock Transfer Bureau will be transferred from the present Comptroller’s office to the proposed Department of Taxation and Finance. 5. All positions in this department below the Deputies, not of a distinctly confidential nature, will be classified in the competitive class under civil service. 6. All of the proposed changes may be effected by statutory revi- sions except the lengthening of the Comptroller’s term and limita- tion of his functions. These require constitutional amendment. DrparTMENT or Avupit anp Controu 59 Proposed Department of Audit and Control DEPARTMENT OF AUDIT AND CONTROL COMPTROLLER - Elected by People DEPUTY DEPUTY COMPTROLLER COMPTROLLER MUNICIPAL FINANCE BUREAU OF BUDE BUREAU peters BUREAU ADMINISTRATION Director | | Director Director Secretary | 60 Rzrort or Raconstruction CoMMISSION CHAPTER 3.— DEPARTMENT OF TAXATION AND FINANCE Present Finance Administration There is a certain well-defined group of administrative activities which constitute the financial or business side of the state government. Such activities or functions may be briefly summarized as those concerned with the assessment and equalization of the valuation of property for the pur- pose of taxation; the fixing of revenue charges; the collection of taxes and revenues levied or charged according to law; the care and management of funds and securities acquired; the sale of bonds and the issuance of other evidence of debt for funds or refunding; the disbursement of funds in the liquidation of debt and the payment for services; the purchase of supplies, materials, equipment, printing and other properties; and the keeping of accounts needed to control the administration of funds and properties, and for the preparation of reports ‘on assets, liabilities, revenues, expenditures, surplus and deficit. These functions are among the most important performed by the administration. They should, therefore, be properly correlated and centralized in a single department. There is a total lack of unity in the finance administration of New York State. Numerous independent officers, boards and commissions are per- forming without reference to each other and consequently with much duplication of effort, the different phases of the same process — the process of assessing, levying, collecting, managing and disbursing the money for the support of the state government. The assessment and equalization of property, the levy of taxes and the accrual of revenues are at present performed mainly by the following independent departments and boards: the Tax Department, the State Board of Equalization, the State Department of Excise, the Insurance Department and the Comptroller’s-Office. The Tax Commissioners of the Tax Department assess corporations and special franchises, and exercise general supervision over the local assessment of property throughout the state. The State Board of Equalization which functions under a bureau of the Tax Department equalizes the assessed valuation of property among the counties for the purpose of state taxation. The State Depart- ment of Excise controls the levy of taxes upon the liquor business and the issuance of liquor tax certificates. A tax is levied upon the foreign insurance companies doing business within the State by the Superinten- dent of Insurance. The Comptroller levies various taxes upon domestic corporations, imposes the transfer tax and computes the general property tax whenever laid by the State and is about to commence the administra- tion of the new state income tax. OTATE TAX DEPARTMENT COST OF PERSONAL SERVICE (1917-18) ----- $211,428.23 COST OF MAINTENANCE AND OPERATIONU9I7-18)_58,441 70 TOTAL COST OF DEPARTMENT (1917-18) *269,869.93 OTATE TAX COMMISSION To superviea tha work of tha bureaus and divinions of the Tax Department; to officially visit avary County once in two years, to advise with assessors and supervisors, to enforce compliance with the Tax Law; to hear appeale on aqual ization mortgags and corporation tax to compile and publish stat -| jetice; to investigate methods of aseesament; to approve tax maps; to prepare end furnish blanko, reports, aceeesement- rolle and other records; to confer with local officials and tax commissioners of other atates; to have general euper- vieton of local taxation throughout the State; to report annually to the Legiolature with recommendations for leg- isiative moneures on taxation. (The Stato Tax Commissioners with the Commissioners of the Land Office conetitute the State Board of Equalization.) Chop. 60, Art. @, Bece. 170-179a, Cons. Laws. Chap. 62, Lawes of 1909, Chap. 317, Laws of 1915 Commissionerd (3) 418,500 Secrotary Q) 4,000 Confidential Secy. to Pres. (2) 2,000 COST OF PERSONAL SERVICE (1918-19) ------ $258,790.00 COST OF MAINTENANCE AND OPERATION(1918-19) 86,250.00 TOTAL COST OF DEPARTMENT (1918-19) *345,040.00 LOCAL ASSESSMENTS EQUAL - IZATION ANO STATISTICS BUREAU MORTGAGE TAX BUREAU To administer the mortgage tax law; to examine mortgages, deode, execu- tery contracts and similar instru- mente, together with claims for ax- emption; to confer with and edvise county officialo, representatives of corporstions and others,in regard to mortenge tax matters; to supervise the work of recording officere of tha State ard audit their booke and ac- counts, ae to mortgage tax mattero, SPECIAL FRANCHISE BURFAU CORPORATION TAX BUREAU To assess taxes on corporations unde article 9 of the tax laws; to be responsible for digest of testimony; to prepare cases on sppeal, to ox- amine books and records; to conduct hearings for the revisions and ad- juotmont of taxes; to supervise the work of searching for unlocated cor- porations; to prepare blanks for re- porta of corporations, to examine re porte; to computo and determine the LAW _ DIVISION To be counsel to the commission and department; to prepere cases in lit- igation for the attorney general; to prepara all ordera of the commisoion, to approve legal blanks, to examine bills on tax matters before the log- ieslature; to prepare drafts of memor- ande, opinions and similar documente for the commission on all questions arising undar the tax law, to prepare and publish the tax law, to advise ADMINISTRATION DIVISION To perform the central administrative ork -t thedepartmant; to supervise the work of the general office, consisting of writing valuation sheets describing epeciol franchise property in cities, towns and villages, and verifying samo; to write epecial franchise certificetes; to compile liste for supervisors and vill lage preaidente, to compile hearing liste and calendara, to make liste of valuetiona ond rates ofnesesument; to To determine the valuation of epecial franchiees, to review reporte of special franchice ownars, ossencors, city onginesare and other local offi- clols; to direct, review and criti- cise appraiealo and valuations; to participcte in all hearings on epeéla franchise vaicetions before the com- miseicn; to superv the work of the etenmmiiroad, water, gaa snd electri city,ard telephone ent telegraph di- To supervise aseessaente of propert Jocally; prepare ctatiatics, reviow reports of special agente, to confer ith local assessors, to supervise the work ef each employee in the bur- emu in compiling information covering eales of real property throughout the State, and the aveesement of same, andl compute the ration of esessement to the actual veluetion of the property; to prepare for lhe use of tho Sieta @ecure liste of supervicors, town clerke to prepare quarterly and onnual re- vislono;to advien and ousist apprais- Board of Equaltzation the necessary and confor with local officials on rato of tax; to Prepare the Quarter) | eeecesors ond oll cther necessary iist perte {> ¢he commieaton of the work ers in chargeof the divistone of the data to enable it ¢o apportion the questions of law end procedure; to and annual reports to the commission jot municipal officials, to write the of the bureau. bureau; te prepare the quarterly and levy of Girect atate taxes among the have the custody of the jaw library; of the work of the bureau. *orking eheeto; to supervies employees eae Nae oe Seer) Maar ioe yee asa asl agg Nea annuel reporte to the commission of counties of the state; to have the to propare quarterly end snanunl re-~ | J-------+---- act yt the gensral office, comprising cler- Art. 2, Secs 250-267 Laws cf 1915 the work of the bureau. custody of tho library of tax pub- ports to the conmiesion of the work Art. 9, Sec. 160-207, Art. 9a, Sec. jicel, atonogrephic and filing divistona, Art. 0, Sec. 170a-170b ™ " 1935 --- --- e+e e licat{ons, to prepare quarterly and vf the division. ?08-219b, Laws 1918 = Chap. 60, Art. fond epeciel ngents,clasea "C"; to examine Chep. 60, Art. 8, Bece. 170e-170d 44-49 Laws of 1915 annual reports to the commission cf fo Jn - ------- +2 -- - - ee ee 8, Sea. 170a-170b,Art.9,9@ Secs. |reporte of local aesecwors se to now Art.J1, Seca. 250-267 | 170n-.70L Laws 1915 tho work ef the bureau, to pore | 180-2)9k special franchise property, and to re- port the spocial franchise bureau; to record reporte of corporations, ossocie- tiono, individuale and other bodies owmm- ing special franchise property, to supe dee all printing trensectione of the department, to purchace All supplies and lequipmente for the department; to pre- pare the woekly calendar for*tommiseion and various bureaus; to prepare onnual and quarterly reports to the coamission of the work of general office division; to perform ouch other duties ae shall be lapecificelly assigned by the commission. rt. 8, Sec.}70a-170b Laws of 1915 hap. 60, Art. 8, Sece. 170-1700 + 8, Seca. 17Ca-)70b ile of county visitations. | Sec. 110a-110b Laws of 1915 { : , Arte. &, Saca- 1708-370 tart. 2,Gece.20-12,Art.3,Sece.59-64 ' Deputy Ccmmiestoner (1) &4,7250 Deputy Commissioner (1) $4, 200 Employee (lo) 72,400 Employecs (33) 48,320 44,750 Counon) Q) $4,200 mployees (2) 3,900 puty Commisesionor (i) $4,250 27,450 oployeos (14) NEW YORK OFFICE o be in charge of a corporation tax asminer and managing clerk, whose Huty it shall be to locate delinquent orporation&é; wecure their éworn state ments and reporte, to take teétimony regarding the etatus of corporations in and ebout New York City, and report o tho Corporation tax bureau. Deputy Commisstover (1) $4, 200 Employees (30) 35,950 orp. Tax. Exams mployess (1) DEPARTMENT OF TAXATION AND FINANCE 61 Many independent departments and officials besides the State Treasurer are concerned in the collection of taxes and revenues. The Secretary of State collects fees for the issuance of motor vehicle licenses; the Comp- troller collects various kinds of corporation taxes, transfer tax, investment tax, stock transfer tax and fees from licenses to detective agencies and the income tax; the Superintendent of Insurance collects the tax on foreign insurance companies; and the State Department of Excise collects liquor taxes and license fees. In fact nearly all the important departments, as well as the Governor’s office, collect miscellaneous revenues through the issuance of various kinds of licenses, permit privileges and the charging of fees and fines. The management of the sinking funds for the amortization of the sink- ing fund bonds which constitute a very large part of the state debt is mainly in the hands of the Comptroller. Other funds of the State are managed by the Commissioners of the Canal Fund, the State Treasurer and the Comptroller. Even in this most important function, namely, the management of funds, there is lack of unity, authority and control. The centralization of the purchase of supplies has recently been the subject of considerable study and investigation. It cannot be denied that New York State suffers from too wide distribution of the authority to pur- chase, lack of standardization, ordering in too small quantities and unsys- tematic and wasteful methods of issuing supplies for use. There is, how- ever, a State Printing Board, operating in connection with the Comptroller’s office, which has control over all printing done for the State, but this control is ineffective as indicated in the discussion of State Printing in Part VI of this report. For a number of years the State Hospital Commission has purchased supplies for the several state hospitals. The experience of this Commission in purchasing has demonstrated that a better quality of supplies can be bought by co-operative purchasing at more economical prices than could be secured by each hospital buying independently. Last year, after a preliminary survey by a Commission appointed by the Legislature to study the methods of purchasing, a law was enacted which created a Central Supply Committee, consisting of ex-officio members, of which the Comptroller was designated Chairman. The Committee was empowered to make rules and regulations preparatory to the installation of a centralized purchasing system on July 1, 1919. After that date all materials and supplies used by the state agencies and designated by the committee, excepting those required by law to be purchased from the penal institutions, “shall be collectively advertised and contracted for by the committee.” Comptroller Travis in his latest report says: “While the eommittee may not under existing uncertain conditions of the markets 62 Report or Reconstruction CoMMISSION deem it advisable to exercise its powers too rapidly or extensively, it is established and is confidently expected to effect great savings to the State not only in the collective purchasing of supplies, but by the elimination of waste, useless and unnecessary grades and varieties and through the more systematic control, accounting and delivery of supplies generally.” At the present time the Comptroller whose business it is to audit and control the expenditures of the State, keeps practically all of the accounts of the administration. Thus the officer who is intended to act as an independent check upon the administration keeps the administration’s books and records and in turn audits them as the means of control over the administration. It seems obvious that the administration should possess certain accounts and records and that these should be kept by a depart- ment under the supervision of the Governor and should furnish such infor- mation as is needed by the Chief Executive. It is apparent from the above discussion that the finance administra- tion of the State of New York is carried on by a number of elective and appointive officials and ex-officio boards working more or less independ- ently of the means of effective supervision by the Governor. To make a list of the many independent offices, departments, boards and commis- sions that perform financial functions is to have at once without the necessity of argument a powerful indictment of the present system. The decentralization of finance administration is thus evident. The functions of assessment, equalization, levy and collection of taxes and revenue, as well as the purchase of supplies and the management of funds, could be handled much more effectively if they were considered as parts of one problem and their administration centralized in a single department. Experience of Other States. The Illinois Civil Administrative Code of 1917 created a Department of Finance which is probably the most important of the nine great admin- istrative departments. It does not, however, include all the financial functions of the state government which properly belong to it, since the administrative reorganization did not take into account the functions of the independent constitutional officers, such as the State Treasurer, Secre- tary of State and Auditor of Public Accounts. Still the Tlinois Depart- ment of Finance as at present organized shows clearly through its opera- tion the great advantage and urgent need for such a department in bring- ing together and centralizing under a single officer directly responsible to the Governor the major financial functions and operations of the state administration. The Civil Administrative Code of Illinois also created a Superintend- ._ anna STATE TREASURER TOTAL NUMBER OF EMPLOYEES 17 TOTAL COST OF PERSONAL SERVICE-1917-1918- $ 33510. TOTAL COST Of MAINTENANCL & OPERATION-1917-1918 ~_ 7,557.85 TOTAL COST OF DEPARTMENT $ 41,067.85 TOTAL COST OF PERSONAL SERVICE-1918-1919 $ 37,490. TOTAL COST OF MAINTENANCE & OPERATION: 1918-1919 _ 9,500. TOTAL COST OF DEPARTMENT $ 46,990. STATE TREASURER To be the receiver and custodian of the moneys paid into the State Treesury; to pay upon Proper warrants the ealarieo and apenses of the State officers, including the Exocutive Legtolative, Judicial, Educational and other State Departments, Commissions and Boards, the principal and intorvet on the State debt, disbursements for construction, repairs and maintenance of canalo, highways, public buildings, the State Guard, hospitele, asy- lums, charities and penal institutions; to be the custodian of the vocationa) education fund, custodian of the inter-departmental social hygiene fund, the state public echool teachere' retiroment fund and the state insurance fund for workmen's compensation, to exorcise special powers regarding securities held by the inourance and banking departments) to sorve ox officio ae the following:~ @ trustee of Union College, a member of the State Board of Canvassers, a Commissioner of the Land Office; a Commisaioner of the Canal Fund, a momber of tho Canal Board and as a member of the Board of Equalization. Conotitution Art. V, Chap 15) Laws 1918, State Finance Law § Sec 3,5; Ine. Law 8ec 74-75; Pubs Officers Law Sec 32,41; Executive Law Seo 80732. a) $6,000 State Treasurer ACCOUNTING DIVISION o CB RECLIPT DIVISION DEPOSITORY DIVISION DISBURSEMENT DIVISION ecutive Law Art. ¥. Executive Law Sec. 54. vdltor & Paying Teller (1 $3,750 Employoee (3) Accountant & Tranefer Officer (}) $2, 300 Employees qQ) 1,500 Asst. Cashier 2, Coehier, Employees ; Erployeee DEPARTMENT OF TaxATION AND FINANCE 63 ent of Purchase and Supplies under the Department of Public Works and Buildings, who is empowered to purchase most of the supplies needed for the various state departments and institutions. Texas has a centralized purchasing system which has been in opera- tion for nineteen years. At the present time the purchasing office buys for twenty-seven institutions having a total of 22,000 persons, and the gross purchases amount to more than $2,000,000 annually. Vermont has a purchasing department established in 1912, which purchases supplies, materials and equipment for all state institutions, departments and. officials, except the Vermont Soldiers’ Home and the military department. The Board of Trustees for the Control of State Institutions in New Hampshire, created in 1915, employs a purchasing agent who contracts for all supplies and materials for the state institutions and departments (those quartered in the State House) and also for the county institutions whenever they choose to have him do so. ‘(California has a purchasing department, established in 1915, which contracts for and purchases all supplies for the several departments and institutions of the state, with the exception of the State University. Last year the total purchases made by the department amounted to about $4,000,000. New Jersey established in 1916 a central purchasing system which buys supplies for all the departments and institutions of the State. Organization of Proposed Department of Taxation and Finance It is proposed to organize a Department of Taxation and Finance to in- elude as nearly as possible all the financial functions discussed above. It is proposed further to make the head of this department, to be called the Commissioner of Taxation and Finance, directly responsible to the Gov- ernor, both in the matter of appointment and in removal. The Commis- ‘sioner of Taxation and Finance will have the management and control of assessment, levy, collection, care and disbursement of public revenues. His department will be the financial arm of the state government and the Governor will look to him as his advisor on all matters of state finance. He will have not more than two deputies in the exempt class. It is also proposed to set up in the Department of Taxation and Finance five main bureaus: Bureau of Taxation and Revenue, Bureau of Motor Vehicles, Bureau of Treasury, . Bureau of Purchasing, Bureau of Administration. 64 Revort or Raconstsuction Commission Directors will head the first two bureaus mentioned, a Treasurer the third, and a Supervisor of Purchasing the fourth. All bureau heads will be appointed by the Commissioner of Taxation and Finance under competitive civil service rules. The bureau chiefs will in each case appoint their subordinates under competitive civil service rules. There will be a State Board of Equalization under the Bureau of Taxation and Revenue which will consist of the Commissioner of Taxation and Finance, the Attorney-General and the Comptroller. The Bureau of Taxation and Revenue in the proposed Department of Finance will perform the functions of: Assessment and levy of taxes on general corporations, taxes on foreign insurance companies, transfer taxes and other forms of indi- rect taxation now assessed or levied by the Comptroller ; Supervision of assessment and equalization of general property valuations, and also the computation of state tax on general property ; Determination of the value of franchises; Supervision of taxation of liquor business and the issuance of licenses for such business; and Issuance of such other licenses and permits as may not necessarily be required of other departments. It will be noted that the functions outlined above for the Bureau of Taxation and Revenue include all duties now performed by the State Tax Department and the State Board of Equalization, and also the functions of supervision, assessment and levy of taxes now exercised by the State De- partment of Excise. In addition the functions cf assessing and levying taxes on foreign insurance companies now a part of the work of the In- surance Department are included, as well as all assessing and levying functions now exercised by the Comptroller’s office. A State Tax Commission, composed of three members, heads the present State Tax Department. In addition to the three Commissioners there are five Deputy Commissioners. The department is composed of the fol- lowing bureaus and divisions: The Corporation Tax Bureau, the Mort- gage Tax Bureau, the Special Franchise Tax Bureau, the Bureau of Local Assessments, Equalization and Statistics, the Law Division and the Administration Division. In brief, the functions of the Tax Department are to investigate methods of assessment over the State, to furnish infor- mation to local assessors, to prescribe forms and supervise generally assessments, to assess, determine, revise, readjust and impose corporation taxes, to determine the full value of franchises and to equalize the same, and to administer and enforce tax on mortgages. All these functions will STATE COMMISSIONER OF EXCISE To Supervise taxation and regulation of troffie in liquors; to furnish annual re- port to the Legislature, containing statements, facta and explanations disclosing the actual workings of the law in {ts bearings upon the wolfars of the State, including all receipts and revenuss collected under the law,and all expenses and disbursements incurred; to make suggestions as to the general policy of the State, and such amendmente of the law as the Commissioner shall deem appropriate; to- gether with the disposition of other questions relating to the enforcement of the Liquor Tax Law. Chap. 39, Laws of 1909, ao amended Chap. 4, Cone. Gawe. Commissioner ( 1) $7,000. Deputy Commissioner (1) 5,000. Secretary (1) 2,400 ADMINISTRATIVE DIVISION Chap.34, Art. 2, Sec. 3, 4, 5» FINANCIAL AND BOOKKEEPING DIVISION To maintain records of certificates issued, transferred, revoked, forfeited and surrendered; to examine county treasurers and special deputy commis- sioners reports; to keep financial booke of the department; to prepare the annual report and liquor tax tirectory; to compile statistics; to purchase supplies; to audit bills and expense accounts of the department; to examine books and records of county treasurers and special deputy commissioners of excise accounts relating to liquor tax moneys; to prepare apportionment, printing, etc., of liquor tax cartificates; to record indictments, convict= jones and fines; to collect criminal fines; to audit rebates and payment of Employees (15) $20,830. Second Deputy Commissioner Auditor Employees STATE DEPARTMENT OF EXCISE: TOTAL NUMBER. OF EMPLOYE ES(MARCH 1,1919)-71- LCOST OF PERSONAL SERVICE (1917-18) $263,926.3| LCOST OF MAINTENANCE AND OPERATION(I917-18)-"1 3 7.786. 94 $40/ 713.05) TOTAL COST OF DEPARTMENT (1917-18)-"4-0 1, 713.25 TOTAL APPROPRIATION-PERSONAL SERVICE- EXCLUSIVE OF DEFICIENCIES -1918-19____ 311,455.00 TOTAL APPROPRIATION: MAINTENANCE - EXCLUSIVE OF DEFICIENCIES-1918-19____176, 200.00 TOTAL APPROPRIATION FOR DEPARTMENT- EXCLUSIVE OF DEFICIENCIES - 1918-19_ ___487, 655.00 VOLUME TAX DIVISION To collect and examine reports of liquor tax certificate holders; to amine books and accounts of certificate holders; to make assessments taxes, based upon examination of reporte and books; to collect taxes Third Deputy Commissioner ay Employees (29) SPECIAL DEPUTY COMMISSIONER. DIVISION To issue liquor tax certificates (in the larger countias); to make transfers of certi- ficates, receive certificates surrendered for rebate, collect taxes and fees upon issue and transfer of certificates, and distribute moneys 80 collected. (In the smaller counties the county treasurers perform the work and receive fees. One-half the salaries of special deputy commissioners and employees are paid by the State and one-half by the county.) Special Depity Commissioner $5,000.00 4,250.00 3,000.00 3,500.00 3,000.00 Employees 17,400.00 8,000.00 5,600.00 1,500.00 1,500.09 New York County Kings County Erie County Bronx County Queens County SPECIAL AGENTS DIVISION To investigate matters relating to observance of the Liquor Tax Law; to report results of such investigations; to give tostimony in court proceedings of the reoulto of investigations; to take census of com- munities and prepare maps for liquor tax purposes; to act in place of special deputy commissioners of county treasurers when 80 desig- of Excise. Detectives Wostchester County Nonroe County Albany County Richmond County Onondaga County Nassau County Orange County Onoida County Niagara County Rensedlesr County Sohenertady County "Special Deputy Commissioners P pu “Employees © One-half paid by State and one-half paid by County. 3,000. 2,500. 2,000. 2,000. 2,000. 2,000. 2,000. 2,000. 2,000. 1,500. 1,500. 00 00 00 00 00 00 00 00 00 00 00 16) 24) ae) 1,500. 1,200. 1,200. 900. 900. 900. 00 00 00 00 00 00 LAW DIVISION To advise. generally as to administrative provisions of the Liquor Tax Law; to prosecute violations of the law by means of actions upon bonds, proceedings to revoks certificates, end to enjoin i1- legal traffic; to initiate proceedings for selzure and forfeiture of liquors kept for illegal salo, and actions to recover penalties throughout the State. Liquor Tax Law, Seo. 7; Stat. Chap. 34, J Attorneys (12 Enployees (a0 DepaRTMENT oF TaxaTIon AND FINANCE 65 be brought under the proposed Bureau of T'axation and Revenue and the head of the bureau will exercise the administrative duties of the present state Tax Commission. The State Board of Equalization is an ex-officio body composed of the Commissioners of the Land Office and the State Tax Commissioners. The Commissioners of the Land Office are the Lieutenant Governor, Comp- troller, Treasurer, Attorney-General, Secretary of State, State Engineer and Surveyor and Speaker of the Assembly. The Board is charged with the duty of equalizing the assessments of the several counties of the State and fixing the aggregate assessment of real and personal property on which the state tax is levied. The work of this Board will be taken over by the Board of Equalization under the proposed Bureau of Taxation and Revenue. The Excise Law of 1909 established state control of the liquor traffic under a Commissioner of Excise, who is head of the Department of Excise. This department issues liquor tax certificates; collects the taxes assessed, together with fines, penalties, forfeitures and transfers, and also taxes paid by bottlers of malt liquors and common carriers, as well as forfeited tax bonds. It also prosecutes or defends civil actions or proceed- ings brought under the Liquor Tax Law. Inasmuch as the liquor traffic is about to be prohibited altogether by the operation of the federal prohibition amendment, the work of the Department of Excise will be practically reduced to nothing. It is there- fore proposed to merge whatever supervising or assessing functions may remain of this department into the proposed Bureau of Taxation and Revenue. The assessment and levy of taxes on foreign insurance companies, now a part of the work of the Insurance Department, will be taken over by the proposed Bureau of Taxation and Revenue. The assessing and levying functions performed by the Comptroller’s office will be brought under the new Bureau of Taxation and Revenue. This will inelude part of the work of the Corporation Tax Bureau, Trans- fer Tax Bureau, Land Tax Bureau, Investment Tax Bureau and Stock Transfer Tax Bureau. In addition, the isswance of all licenses now under the Comptroller will be taken over. The functions of the proposed Bureau of Motor Vehicles will include all the work performed at the present time by the Motor Vehicle Bureau in the Secretary of State’s office and the work of the Administration Bureau in that office as far as it applies to motor vehicles. The chief reason for the transfer of these fumctions is to bring them within that Department which is concerned mainly with financial functions. The 3 66 Report or Reconstruction CoMMISSION Motor Vehicle Bureau is primarily a revenue producing agency and is concerned with the regulation of motor vehicle traffic only as a secondary function. The Bureau of Treasury in the proposed Department of Finance will have the collection, care and disbursement of public revenues, and the management of state funds, such as the sinking funds. It will keep such accounts and records of all financial operations as may be necessary for the full information of the administration. All functions of the present State Treasurer’s office will be performed by the proposed Bureau of Treasury. It will also perform the functions of collection and management of funds now entrusted to the Comptroller and the Commissioners of the Canal Fund. In addition, it will collect the excise tax and the tax on foreign insurance companies. As far as it may prove feasible all fees will be collected by this bureau. It cannot be doubted, in view of what has already been accomplished in those States having centralized purchasing systems, that certain advan- tages and economies can be realized in a greater or lesser degree by the operation of such a plan. These may be briefly stated as follows: 1. The standardization of articles purchased, thus eliminating expensive grades, reducing stocks to be carried, and enabling pur- chases to be made in bulk rather than in small quantities. 2. The concentration of buying power, resulting in lower prices, flexible contracts and better service. 3. The development of an expert and specialized purchasing force. 4, A reduction in the total number of people employed in pur- chasing and related work. In order that these advantages and economies may be realized by the State of New York it is proposed to concentrate as far as possible the authority to purchase all supplies, equipment and materials for the sev- eral departments and institutions in the proposed Bureau of Purchasing. This Bureau will adopt systematic methods of purchasing, receiving, storing and distributing supplies, and will perform tests to determine the kind and quality of supplies. It will perform the functions of the existing State Printing Board and Central Supply Committee. The Bureau of Administration will have charge of office management and the budget, finances, personnel and reports of the Department. Summary of Recommendations 1. Establish a Department of Taxation and Finance. The head of this department will be the Commissioner of Taxation and DEPARTMENT OF TaxaTION AND FINANCE 67 Finance, who will be appointed by the Governor with the consent of the Senate and will serve at his pleasure. He will have not more than two Deputies in the exempt class. The work of the Department will include only those functions of the state government which are essentially financial in character, i. e., the assessment, equalization, levy, collection, management and disbursement of public revenues. Transfer to this department the functions of the following exist- ing agencies: State Treasurer, Tax Department, Board of Equalization, Excise Department, Commissioners of the Canal Fund, State Printing Board, Central Supply Committee, the functions at present performed in the following bureaus of the Comptroller’s office, excepting in so far as they involve audit: Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau, the functions at present performed in the following bureaus of the Secretary of State’s office: Bureau of Motor Vehicles, Administration Bureau (motor vehicle functions), and the following function of the Insurance Department: Assessing and collecting of the tax on foreign insurance companies. 2. The department will be organized with five bureaus: Bureau of Taxation and Revenue, Bureau of Motor Vehicles, Bureau of Treasury, Bureau of Purchasing. Bureau of Administration. These bureaus will be subdivided into logical and necessary sub- divisions. Directors will be at the head of the Bureau of Taxation and Revenue and Motor Vehicles. The head of the Bureau of Treas- 58 Report or Reconstrevction Commission ury will be the Treasurer. The head of the Bureau of Purchasing will be the Supervisor of Purchasing. These four bureau heads will be appointed by the Director of Taxation and Finance under com- petitive civil service rules. The head of the Bureau of Admin- istration will be the Secretary of the Department. The Bureau of Taxation and Revenue will supervise, assess, equal- ize and levy taxes, determine franchise values, and issue licenses. This Bureau will contain a board of equalization consisting of three members: The Director of Taxation and Finance, the Attorney- General and the Comptroller. The Bureau of Motor Vehicles will perform the work of the Motor Vehicle Bureau and part of the work of the Administration Bureau now under the office of the Secretary of State. The collection, custody, management and disbursement of public revenues will be under the Bureau of Treasury. The Bureau of Purchasing will contract for, purchase and distri- bute, as far as feasible, the printing, supplies, materials and equip- ment for the several departments and institutions of the State. It will include a Division of Classifieation of Supplies to prepare and maintain in co-operation with the heads and purchasing agents of boards of the several departments a classification of expenditures to govern purchases by the various state departments. The Bureau of Administration will have charge of office manage- ment and the budget, finances, personnel and reports of the department. The consolidation into a single department of the existing inde- pendent and scattered offices according to the plan here recommended will result in the elimination of a large part of the present expenditures for the overhead of these separate offices. The Depart- ment of Taxation and Finance will, of course, have to maintain branch offices in New York and Buffalo, but instead of the four separate offices at present maintained in New York City for the administration of financial functions, only one will be necessary. 3. The present Commission on State and Federal Taxation will be abolished and its functions transferred to the Commissioner of Taxation and Finance. 4. Both constitutional and statutory changes will be necessary to establish a Department of Taxation and Fimanee. The State Treasurer who is an elective officer under the Constitution will have to be made an appointive officer under the Commissioner of Taxa- tion and Finance. The Commissioners of the Canal Fund, now a DepartTMENT oF TAXATION AND FINANCE 69 constitutional body composed of the Lieutenant-Governor, Secretary of State, Comptroller, Treasurer and Attorney-General will have to be abolished. Statutory changes only are required in order to con- solidate the several independent departments and bureaus under the Department of Taxation and Finance and may be made immediately. Proposed Department of Taxation and Finance DEPARTMENT OF TAXATION AND FINANCE Commissioner Deputy ; Deputy Commissioner . ‘Commissioner BUREAU OF ! BUREAU OF BUREAU OF BUREAU OF | TAXATION AND. MOTOR TREASURY PURCHASING REVENUE : VEHICLES i : i i Supervisor of Director Director Treasurer . Purchasing BUREAU OF ) ADMINISTRATION Secretary 70 Report or Reconstruction CoMMISSION CHAPTER 4.— ATTORNEY-GENERAL Present Organization of the Attorney-General’s Office and of Legal Staffs in Other Departments The Attorney-General of the State of New York is a constitutional officer elected by the people for a term of two years. It is specifically provided in Section 1 of Article V of the Constitution that the Attorney- General “shall be chosen at a general election at the times and places for electing the Governor and Lieutenant-Governor and shall hold his office for two years.” Section 5 of this article provides that the Attorney- General, with the Lieutenant-Governor, Speaker of the Assembly, Secre- tary of State, Comptroller, Treasurer, and State Engineer and Surveyor shall be the Commissioners of the Land Office, and that he, with the Lieutenant-Governor, Secretary of State, Comptroller, and Treasurer shall be the Commissioners of the Canal Fund. He receives an annual salary of $10,000, but it is provided in Section 1 of Article V that this compensation “shall not be increased or diminished during the term for which he shall have been elected, nor shall he receive to his use any fees or perquisites of office or other compensation.” Section 6 of the same article provides that “the powers and duties” of the Attorney-General “shall be such as now are or hereafter may be prescribed by law.” The duties of the Attorney-General are statutory. These duties are outlined in the Executive Law, Article VI, Sections 62, 63. His general duties may be summarized as follows: 1. “To prosecute and defend all actions and proceedings in which the State is interested and have charge and control of all legal business of the departments and bureaus of the state.” 2. “When required by the Governor, to attend in person or by one of his deputies any term of the Supreme Court or to appear before the grand jury thereof for the purpose of managing and conducting such criminal actions or proceedings as shall be specified in such requirements.” 3. “Upon the request of the Governor, Secretary of State, Comp- troller, Treasurer or State Engineer and Surveyor to prosecute any person charged by either of them with the commission of an indictable offense in violation of the laws.” 4. “Whenever in his judgment the public interest requires it, with the approval of the Governor, and when directed by the Gov- ernor, to inquire into matters concerning the public peace, public safety and public justice.” ote LLL LLLLLLLLLBDLLLBLLLBLLL LLL LLL LLL CL CLE ALLL LL A LLL LLL ALLALA LALLA LOL. L AI OR CLEA EE ATTORAEY GENERAL TOTAL NUMBER OF EMPLOYEES MARCHE 1919) 133 COST Of PERSONAL OFRVICE (1917 1918) 429735971 COST Of MAINTENANCE AAD OPERATION(I917 1918) * 99,798.66_ TOTAL COST Of DEPARIMENT (19171918) $379,158.37 TOTAL APPROPRIATION-PERSONALZ SERVICE EXCLUSIVE OF DEFICIFNICIES -1918-19 © 297 980.00 TOTAL APPROPRIATION -MAINTENANCE - EXCLUSIVE OF DEMCIENCIES 1910-19. 106,730.00 TOTAL APPROPRIATION FOR DEPARTMENT: EXCLUSIVE OF DENCIENCIES “1918-19. ¥404,710.00 ADMINISTRATION To wuparvioe and direct Stata legal buotneus in whatever phaoee the reoponeibili ty fallo upon the Attornoy-Ooneral. be Act. V, Keoautive iawn, Var, 6 Chap: 20, Art. 6, Saoe., 60 mene age —~ Attornoy Qonerad 1 eo 30,000 Private Seoretary (1) 5,000 Confidential Mesoenger (1) 1,500 Stonographer to Attorney Caneral } 1,600 Firet Doputy \ 6,000 Second Dapr 4) 6,000 1) 6,000 TITLE BUREAU To approve titzee to lands acquired for {mprovenent of\Barye canal, torninale and LEGAL OTAFF FINANCE AND CLAIMS BUREAU COURT OF CLAIMS BUREAU To defond tha State in Court of Claims in connection with,Sarge canal, terminale and hi giwayo; also claims of erroneous affix= ing of stampe in stock tranofere, CONSERVATION BUREAU To prosecute actions inetituted by Con- servation Commission and defend actions ogainet 10; to advise the Conservation Commisoion on legal matters. To give Y auelatence in financial noede of dopartmental work; to cooperate with Title Bureau in securing documenta and papers in clearing of titieo, to prepare budget To diatribute cases tran lognl tart on baste of qualifteation, Inoluding oteno= Di ghwuyo; to cover titles to lande undor water; to pase on titles to ands for graphic diviston undor eupervision of the hearing stenographer; to operate clerica) forest presorves. and to attond to logivlative mattors. divieton having goneral Jogal dutinn = =«§« Fe ee ee ee we ee ef ee ee ee eee ee were mmm mem mt te tem ee eee Pt tt ee ee tte tee eee ee and docketing of cases for See to Cana) Improvements Subdivision 6, Sec. , Chap, 65, Arts 2, Seo. 9. Chap. 46, Art. 6, eo, 7 Ghap. 18, Art: 6, Sao. 62, Por. $. 6, 8. handle recoms. through Buffalo’ New York ps 922, vol. 1, @nd Bd. Cons. Lawa; Chap. Dpputy in charge 1 T 6,000 Cana) Improvemante,Sec. 4, pp. 085-806, Deputy and Inveotigator City of ficeo - Bap loyees \ (8) 23,720 OQ. Arts J2, 1b, Seco. 270-260, 330-340 ___ vol. 1, 2nd Ed. Cone. Lawe of Claims () CC ne -- Deputy in charge y 6,000 Canal Terminale, Soc. 6, p-1013, vol. 1, Mnployeas (3) 6,000 Chiads 1th Art. 6, Se Doputios 16) 77,000 And Bd. Cone. Laws, Deputi on ar 6 A 79,100 np loyoes Chap. 908 paws of JOA Chief of Land Bureau = (1 4,250 Deputy in charge ) “P6000 Land and Opinion Clerk (1) 3,200 Taployeen (23) 64,000 KinpJoyooa (46) 62,340 DeEpaRTMENT or ATTORNEY-GENERAL TA 5. “To keep a register of all actions and proceedings prosecuted and defended by him.” 6. “Upon order of the court to appear in any pending action and support the constitutionality of any statute attacked.” The Attorney-General is authorized by Section 61 of Article VI of the Executive Law to appoint “such deputies as he may deem necessary and fix their compensation.” At the present time there are in the Attorney- General’s office a first, second and third deputy, the first receiving $8,000 and the other two $6,000 each. There are altogether one hundred and thirty-three employees representing a total cost for personal service of $394,257.97, and an additional cost for maintenance and operation of $123,423.28. The total expenditures for the year 1917-1918 were $517,681.25. The Attorney-General’s office is organized with the following bureaus: Title Bureau, . Finance and Claims Bureau, Legal Staff, Court of Claims Bureau, Conservation Bureau. The duties of the Title Bureau are to approve titles to lands acquired for the improvement of the Barge canal, terminals and highways; to cover titles to lands under water and to pass on titles to lands for various preserves. The Bureau is operated by a Deputy and twenty-three employees with a total salary cost of $70,900. The duties of the Finance and Claims Bureau are to give assistance in the financial transactions of the department, to co-operate with the Title Bureau in securing documents and papers, in clearing titles, to prepare the department budget and to attend to legislative matters. A Deputy and Investigator of Claims is in charge of this bureau and has three employees assisting him. The total salary cost for the bureau is $10,500. The cases coming to the Attorney-GeneraPs office are distributed among his legal staff on the basis of the experience and qualifications of the individual members. In this bureau are seventeen Deputies, one Chief of Land Bureau, one Land and Opinion Clerk and forty-six other employees with a total salary cost of $168,890. The duties of the Court of Claims Bureau are to defend the State in the Court of Claims in connection with the Barge Canal, terminals and high- ways, also to handle claims of erroneous affixing of stamps in stock transfers. There is one Deputy in charge of this Bureau with sixteen other Deputies and six employees assisting him. The total salary cost is $92.000. 72 Rerort oF RecanstrucTion ComMMISssIoN The Conservation Bureau prosecutes actions instituted by the Con- servation Commission and defends actions against it. It also advises the Conservation Commission on legal matters. There is a Deputy in charge of this bureau assisted by eight other employees. The total salary cost is $29,720, In addition to the legal staff, constituting the Attorney-General’s office, ten other departments are permitted to have their own legad employees and are given appropriations. for the payment of salaries and other expenses in connection with their work. In the Executive Department there is a Legal Bureau, the head of which is Counsel to the Governor. He advises with the Governor on all legal matters, merits. of bills, investigates matters concerning pardons and the restoration of citizenship and carries out miscellaneous legal assignments. His salary is $5,000. There are also in this Bureau an Executive Legal Assistant, receiving $5,000 and a Requisition Clerk receiving $1,800. In the Comptroller’s office there are several attorneys who represent the Comptroller in transfer tax proceedings. There is one attorney Teceiving $10,000 who has charge of these proceedings and represents the Comptroller in the case of proceedings for New York County. He appoints the employees without reference to civil service rules and they are paid from transfer tax moneys. The expenses amount te $180,000 annually. In the case of Bronx County there is an attorney receiving $5,000. In the State Department of Excise there is a Law Division the duties of which are to advise as to the administrative provisions of the Liquor Tax Law; to prosecute violations of law by means of actions upon bonds; to revoke certificates and to enjoin illegal traffic; to initiate proceedings for seizure and forfeiture of liquors kept for illegal sale and actions to recover penalties throughout the state. In this division there are twelve attorneys whose total salaries are $53,250. There are also in this division ten other employees receiving a total of $13,900. In the Department of Farms and Markets there is a Counsel’ to the Farms and Markets Council who advises them generally on all legal questions pertaining to the administration of the department. His salary is $5,000. There is also in the Division of Agriculture of the Department of Farms and Markets a Legal Bureau whose duties are to advise the officials, analyze evidence of violations and refer proper cases to the Attorney-General for prosecution. This Bureau, of course, con- fines its attention entirely to the administration of the Division of Agri- culture. The Counsel in charge of this Bureau receives $4,000, and under him there are eight other employees receiving a total of $9,900. DeparTMEentT or ATTORNEY-GENERAL 73 In the State Hospital Commission there is a Collections Bureau, at the head of which is a Counsel receiving $3,000. The duties of this Bureau are to enforce the collection of funds for maintenance from relatives, friends or estates of inmates of institutions. There are also six other employees assisting im this work receiving $8,290. The Legal Bureau of the Industrial Commission advises the Com- mission on all legal matters pertaining to the administration of the depart- ment and prosecutes violators of the Labor Law. The Counsel at the head of this Bureau receives $7,000. In the Bureau there are also sixteen other employees receiving $10,700. The Counsel in the Insurance Department advises the Superintendent of Insurance on all legal matters and handles all questions which involve an interpretation of the law. His salary is $5,000. In the Public Service Commission of the First Distriet there is a Law Bureau under the supervision of a Counsel receiving a salary of $10,000. Under him there are six Assistant Counsels and two Junior Assistant Counsels, a Law Clerk and eight clerks and stenographers. The total salary payroll for this Bureau in 1917-18 was $46,180. In the Public Service Commission of the Second District there is also a Counsel receiving $10,000. Their duties are to advise with the commissions on all legal questions pertaining to the administration of the Department. In the State Tax Department there is a Counsel at the head of the Law Division who prepares cases in litigation for the Attorney-General, prepares all orders from the Commission, approves legal blanks, examines bills on tax matters before the Legislature, prepares drafts of memoranda, opinions and similar documents for the Commission on all questions aris- ing under the tax law, advises and confers with legal officials on questions of law and procedure, has custody of the Law Library, prepares quarterly and annual reports to the Commission and advises generally on all legal questions which arise. His salary is $4,200. Under him there are two other employees receiving a total of $3,900. In the Department of Education there is a Law Division at the head of which is a counsel receiving $4,500, who reports directly to the ‘Com- missioner of Education. His duties are to act as counsel to the Regents of the University, to the Commissioner of Education and to the divisions of the various Bureaus and Divisions of the ‘Department; to prepare appeals for submission to the Commissioner; to advise as to form and defect of educational bills introduced in the Legislature; to conduct cor- respondence on legal questions arising under the Education Law and to advise school officers on procedure. There are three other employees in his division receiving a total of $3,940. 44 Report or Reconstruction CoMMISSION The legal staffs outside of the Attorney-General’s office total about one hundred and fifty attorneys and legal assistants whose payroll amounts to over $300,000. Of this amount $138,000 is paid to twenty-five attorneys, at least three of whom receive $10,000 each and one $15,000. The Attorney-General’s salary is $10,000. The total salary cost for all legal and other employees of the Attorney-General’s office is $424,257. In other words, the total cost for legal service outside of the Attorney- General’s Department is not very much less than the total cost for main- taining the Attorney-General’s office itself. In view of these striking facts it is felt that a co-ordination and consolidation of all the legal work of the State under the Attorney-General will result not only in uniformity and harmony, but also in considerable economy. In some States there have recently been enacted constitutional and statutory provisions requiring that all the law business of the State shall be conducted either by or under the direction of the Attorney-General. In Pennsylvania the Attorney-General is appointed by the Governor to serve during his pleasure. The statute specifically outlining the duties of the Department (Act June 7, 1915, Pamphlet Laws, 876, Section 1) provides that all of the legal business and affairs of every Department, Bureau, Board or Commission of the state government shall be under the supervision, direction and control of the Attorney-General. Section 2 of this act provides that “ The departments, bureaus, boards, agents or com- missions, or officers of the state government shall obtain such legal advice from the Attorney General.” Section 3 provides that any Department, Bureau or Board who has thus requested advice and has received it shall not be liable “ either upon his official bond or otherwise.” ‘Section 4 provides that no department shall have the right, power or authority to retain any attorney to prosecute any legal business except when authorized by the Attorney-General. The Attorney-General, however, is authorized to grant permission to a Department to retain a counsel, but this appointment and compensation must be under his supervision and control. A letter just received from the Attorney-General’s office in Pennsylvania states that this act is carried out to the letter. This plan completely centralizes the authority and responsibility under a single head. The advantage is obvious. In New Jersey the Attorney-General is appointed by the Governor and is the sole legal adviser of all state officials and agencies. Upon the request of a department he is empowered to appoint deputies or special assistants to exclusively serve such departments. The Attorney-General represents all the state departments, institutions and officials in all mat- ters including litigation, as above stated, with the exception of the Public Utilities Commission, which has its own Counsel. DePaRTMENT OF ATTORNEY-GENERAL 45 Former Attorneys-General Hamlin, Stead and Lucey of Illinois have handed down interpretations of the functions of the Attorney-General in Illinois (See Efficiency and Economy Report of Illinois, 1915, Page 957). In analyzing their interpretation it is interesting to note that the provision in the Illinois Constitution concerning the Attorney-General is very similar to that in the Constitution of New York. The Illinois Con- stitution (Article V, Section 1) provides that the Attorney-General “shall perform such duties as may be prescribed by law.”? The New York Con- stitution provides that “the powers and duties” of the Attorney-General “shall be such as now are or hereafter may be prescribed by law.” Attorney-General Hamlin in 1901, after having considered the em- ployment of special attorneys by departments, stated that the depart- ments have no power to employ special attorneys without statutory pro- visions, and that in the case of the employment of a special attorney by the Canal Commissioners even though there was statutory provision it was doubtful whether thts provision was constitutional. Attorney-General Stead in 1908 recalled Hamlin’s interpretation and stated also that the constitutionality was doubtful in the case of the employment of special attorneys by the State Food Commission and the Chief Factory Inspector in accordance with statutory provisions. Attorney-General Lucey in 1914 recalled the interpretations of both Hamlin and Stead. He then added : “In my opinion the Constitution of this State contemplates that the office of Attorney General shall be as broad in its jurisdiction and that the duties belonging to that office shall be as extensive as those belonging to the Attorney General in England at common law.” “It is certainly contemplated by the Constitution and the organi- zation and form of government prevailing in the State of Illinois that the Attorney General shall be the chief law officer of the State, and there is no necessity whatever for the appointment of special attorneys to represent any board, department or trustees of any institution.” The Law Department of the New York City government, at the head of which is the Corporation Counsel, attends to all of the law business for the various departments, boards and officers of the New York City government. It is specifically provided for in the Charter that the Cor- poration Counsel “ shall be the legal adviser of the Mayor, Board of Aldermen, Presidents of the Boroughs and the various departments, boards and offices.” 16 Report or Reconstruction ComMMISsIoN and “it shall be his duty to furnish to the Mayor, Board of Alder- men, Presidents of the Boroughs and to every department, board and officer of the city all such advice and legal assistance as counsel or attorney in or out of court as may be required by them or either of them and for that purpose the Corporation Counsel may assign an assistant or assistants of any department that he shall deem to meet the same.” “No officer, board or department of the city unless it be herein otherwise provided shall have or employ any other attorney or counsel, except where a judgment or order in any action or proceed- ing may affect him or them individually or may be followed by motion to commit for contempt of court, in which case he or they may employ or be represented by attorneys or counsel at his own or their own expense.” The Attorney-General appointed by the President of the United States by and with the advice and consent of the Senate is the head of the federal Department of Justice and is the chief law officer of the United States government.- He represents the United States im all matters involving legal questions. He gives advice and opinion when they are required by the President or by the heads of other executive departments. He appears in the Supreme Court of the United States in important cases. He superintends and directs United States attorneys and marshals in all judicial districts in the States and territories and secures special counsel for use whenever required by any department. There are Solicitors for the Interior Department, Department of State, Treasury Department, Department of Commerce, Department of Labor, as well as other bureaus and divisions. The offices of these officials are in the Departments or divisions for which they act, but as a rule they are appointed by the President and confirmed by the Senate. They are classed in the Department of Justice and are subject to the supervision and con- trol of the Attorney-General. This tends to harmony and co-operation. Proposed Organization of the Attorney-General’s Office There will be an Attorney-General appointed by the Governor with the consent of the Senate and serving at his pleasure. His duties will be those already specifically authorized by constitutional and statutory provisions. He will be the counsel for each state official and will prose- cute and defend all actions and proceedings im which the state is inter- ested. The legal work of the various departments and bureaus of the State will be under his control. DspartMent or ATTORNEY-GENERAL 7 The Office of the Attorney-General will be organized with the following five bureaus: Legal Staff, Bureau of Investigations, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. Included in the Legal Staff will be all Deputy Attorney-Generals, Assist- ant Attorney-Generals, Special Attorneys and other attorneys employed in the legal business of the various departments. A special Division will be created in this Bureau for each of the Departments of the state administra- tion requiring the continued services of a Deputy Attorney-General or Special Attorney and the head of the Division may be actually assigned office accommodations in the Department in charge of whose legal wots = will be placed. eno As long as department heads are appointed by the Cavett ae ie Attomey-General is elected by the people, there will be some opposition to the centralization of the legal business of the State. It has frequently happened that the Attorney-General, being elected by the people, is of the opposite political faith to the Governor. The department head is often reluctant to call on the Attorney-General of a different party than his own for advice. This is the principal objection to having all attorneys assigned to. the various departments by an elected Attorney-General, and this objection will, of course, disappear with the appointment of the Attorney-General by the Governor. However, we are of the opinion that the transfer of all law work to the Attorney-General should be made, even if the Attorney-General remains elected, excepting the Counsel to the Governor and to the quasi-judicial Public Service and Industrial. Commissions, Other arguments advanced against the centralization of all legal work in the Attorney-General’s office are: Since some departments need their whole time, attorneys should properly be within the department. Active assistance and co-operation is difficult in prosecuting cases if they must be handled from the Attorney-General’s office. It is obvious that if the whole time of some attorneys is needed by some departments, the: Attorney-General may assign Deputies or Special Attorneys to these departments on full time. The question as to the active assistance needed In prosecuting cases for a department by representatives of the Attorney- General must necessarily be viewed’ from the point of view of the State as a whole. The Attorney-General should be responsible for all prosecu- 78 Rerort or Reconstruction CoMMISSION tions and for defending all actions and for his interpretations of the Constitution and of the laws. It is recommended that the Department of State Police in which there are four troops, consisting of two officers and fifty-six troopers each, be transferred to the Attorney-General’s office as a Bureau of Police, similar to the staff in the department of the Attorney-General of the United States, and that so much of the force as is necessary be retained. At the present time the four troops included in the Department of State Police are severally located in Batavia, Onondaga valley, Westchester County and Albany County. They co-operate with the local authorities and other state departments in the enforcement of law when necessary. The appropria- tion for this Department for the year 1918-19 was $697,280 and the appropriation for the year 1919-20 $619,780. In recent years the prob- lems of rural police protection has received much attention, particularly in the states of Texas, Pennsylvania, South Carolina and Massachusetts. In addition to performing general police duty the troops have assisted the local district attorneys in the preparation of cases. The value of the results of these experiments is a much mooted question and the controversy which has arisen in this and other states has obscured to a large extent the issues involved. It is thought that the establishment in the Department of the Attorney-General of a Bureau of Police will be in the interests of economy and yet at the same time secure the desired results of proper law enforcement in rural as well as-in urban districts. In this Bureau there will be placed a staff of investigators and special police located in such numbers and at such points as the Attorney- General may after investigation think desirable. The staff either in uniform or in plain clothes, mounted or unmounted, will be in constant touch with the local district attorneys and will be assigned to them upon necessity to secure the enforcement of law or the apprehension of criminals. This will avoid the maintenance of the present patrol duty which is criticised in many quarters as ineffective and wasteful and will substitute a group of men adequately trained to meet all crime situations. Insofar as the present troopers have assisted in administering the Auto- mobile License Law this function will be performed by Inspectors attached to the proposed Department of Taxation and Finance which will administer the law. The Court of Claims Bureau will continue to have as its duty the defense of the State in the Court of Claims in connection with the Barge Canal, terminals and highways, as well as the handling of claims in erroneous affixing of stamps in stock transfers. The Finance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title DEPARTMENT OF STATE POLICE TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919), 237 COST OF PERSONAL SERVICE (1917-18) $232,056 12 TOTAL COST MAINTENANCE AND OPERATION (1917-18) 404,182 49 (Includes $7,214.79 for repairs, construction, etc.) TOTAL COST OF DEPARTMENT (1917-18) $643,453 40 (Includes expenditures from May 2, 1917, $14,738.27) 1918-19 TOTAL APPROPRIATION — PERSONAL SERVICE, EXCLUSIVE OF DEFICIENCIES $243,280 00 TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE OF DEFICIENCIES 452,000 00 TOTAL APPROPRIATION — REPAIRS, CONSTRUCTION, ETC., EXCLUSIVE OF DEFICIENCIES ‘2,000 00 GRAND TOTAL $697,280 00 DEPARTMENT OF STATE POLICE To prevent and detect crimes and to apprehend criminals; to cooperate with other State departments and local authorities. Stat. Chap. 161, 1917; Chap. 18, Art. 9a, Secs. 92-97. 2d Ed. Cons. Law, (All positions and salaries fixed by law except clerical.) Superintendent (1) $5 ,000 Employees (4) 6,600 Four troops with headquarters of their respective dis- tricts at Batavia, Syracuse, Albany, and White Plains. Each troop has same organization as follows: Captain (1) $1,800 Employees (57) 53,300 (Includes other officers, etc.) DEPARTMENT oF ATTORNEY-GENERAL 79 Bureau in securing documents and papers, in clearing titles, preparing the departmental budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the improve- ment of the Barge Canal, terminals and highways and will cover titles to lands under water and pass on titles for lands for various preserves. Summary of Recommendations 1. The Attorney-General will be appointed by the Governor with the consent of the Senate and will servé at his pleasure. 2. All of the legal work of the State will be conducted under the supervision and control of the Attorney-General although special attorneys may be assigned offices in the various departments. This will involve the transfer of all counsel and legal divisions in other departments to the Attorney-General. 3. The present Department of State Police will be retained and be attached to the Attorney-General’s office as a Bureau of Police. Members of this Bureau will be assigned as decided by the Attorney- General, to be in constant touch with the local district attorneys and to assist in preventing the breaking of laws and the apprehension of criminals. 4, The Attorney-General’s office will be organized with the follow- ing bureaus: Legal Staff, Bureau of Police, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. The Legal Staff will include all attorneys employed in the legal business of all departments. The Bureau of Police will take the place of the present State Police. The Court of Claims Bureau will continue to have as its duty the defense of the State in the Court of Claims in connection with the Barge Canal, terminals and highways, as well as the handling of claims in erroneous affixing of stamps in stock transfers. The Finance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title Bureau in securing documents and papers, in clearing titles, preparing the departmental budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the 80 Rerorr or Reconstruction ComMMIssion improvement of the Barge Canal, terminals and highways and will. cover titles to lands under water and pass on titles for lands for various preserves. 5. Constitutional amendment is required to make the Attorney- General an appointive instead of an elective officer. All other pro- posed changes require only statutory revision and may be made immediately. However, pending Constitutional Amendment the Counsel to the Governor and to the quasi-judicial Publie Service and Industrial Commissions will not be transferred to the Attorney- General. Proposed Department of Attorney-General DEPARTMENT OF |, ATTORNEY-GENERAL Attorney-General BUREAU OF COURT OF LEGAL STAFF | | TITLE BUREAU POLICE CLAIMS AND CLAIMS BUREAU BUREAU Deputy Deputy First Deputy Deputy | Deputy DEPARTMENT OF Starz 81 CHAPTER 5.— DEPARTMENT OF STATE Present Organization of the Department of State, State Board of Canvassers, Commissioners to Examine Voting Machines, and State Superintendent of Elections The Secretary of State is a constitutional officer elected by the people for a term of two years and receives a salary of $6,000. He is ex-officio a member of the following boards: Board of Commissioners of the Land Office, Board of Commissioners of the Canal Fund, The Canal Board, The State Board of Canvassers, The State Board of Equalization and Assessments, The State Printing Board, The Board of Trustees of Union College. He is also one of the officials to designate the state paper. The Constitution provides that there shall be a Secretary of State, but in Section 6 of Article V, in referring to the duties of the Depart- ment, it states: “The powers and duties of the respective boards andi of the several officers mm this article mentioned shall be such as now are or hereafter may be prescribed by law.” The present department of the Secretary of State has custody of state archives, administers oaths of office, superintends the publication of the laws and the distribution of copies thereof, regulates the operation of motor vehicles, and has custody of documents. filed by corporations and other miscellaneous papers. The Department of State at present is organized im four bureaus, as follows: Bureau of Records, Corporation Bureau, Administrative Bureau, Motor Vehicle Bureau. The Bureau of Records has custody of the records of lands, makes searches, issues patents, grants, etc.; has custody of and issues laws and petitions concerning primaries; notifies candidates, prepares and dis- tributes election laws, prepares certificates of authority, has custody of appointment records, issues licenses to peddlers selling foreign-made goods, files documents and collects various statistics. . The Corporation Bureau records and. files certificates of incorporation, issues certificates of authority, examines papers to be filed, searches records for titles, examines incorporation papers and issues certificates of incorporation. 82 Report or Reconstruction ComMMISsION The Administrative Bureau receives and accounts for all moneys received for fees, has charge of financial transactions and of the appro- priation ledger and purchases supplies, prepares number plates, chauf- feurs’ badges, etc., orders all printed matter, prepares original laws and prepares them for the printer and compiles the legislative manual. The Motor Vehicle Bureau issues original and renewal certificates of authority to operate motor vehicles, collects and accounts for license fees, examines files and has custody of applications, and grants authority to owners, chauffeurs and dealers to operate motor vehicles in the State. The Commissioners of the Land Office are a Constitutional Board composed of the Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor. ‘This board has the care of State Lands not entrusted to some other officer or board. The Secretary of State keeps the records of this board and calls meetings. The present State Board of Canvassers is an ex officio board estab- lished by statute in 1909. Its members are the Secretary of State, the Treasurer, the Comptroller, the Attorney-General and the State En- gineer and Surveyor, three of whom constitute a quorum. On or before the 15th day of December, after a general election, and within forty days after a special election, the Secretary of State is required to convena the board at his office or that of the Treasurer or Comptroller, and it is the duty of the Board to canvass the returns of the county canvassers of elections. The Commissioners to Examine Voting Machines, authorized by stat- ute in the year 1909, are selected by the Governor to serve for terms of five years. Their function is to examine and report on the accuracy and efficiency of voting machines, and the capacity of the same to record the will of voters upon the application of any person or corporation interested in any voting machine. They are three in number, one an expert in patent law and two mechanical experts. Their fees shall not exceed the sum of $150 for each commissioner, for the examination and report upon any voting machine. The State Superintendent of Elections is appointed by the Governor by and with the advice and consent of the Senate, for a term of four years, at a salary of $5,000. He appoints a Deputy at $4,000 a year and a Secretary at $2,000. He is charged with the enforcement of the Election Law, and with his deputies possesses all the powers vested in the sheriff as a conservator of the peace. There is also a Notarial Bureau in the Governor’s office which certifies notaries, a function which should properly be in the Department of State. BUREAU OF RECORDS To have custody of records of lands; to make searches; to fosue patents, grants, etc.; to have custody of and issue lows, to have custody of petitions regarding primaries, to notify candidates; to pre- pare and ulstribute election laws; to pra- pare certificates of euthority, to hava custody of appointment records; to issue licenses to peddlers selling foreign-made goods, to file documents as roquired by law, to collect criminal statistics. Stat. Criminal Statistics, Code of Crimi- nal Procedure, Secs. 942-946. Election Law, Chap. 17, Art.4, 5, 12, 13, 15, 16, 18, Secs. 49, 51, S2, 58, 89, 124, 126, 129, 130, 133, 136, 293, 294, 295, 320, 434, 439, 441 - 444, 453, 500-517, 549. Public Lands Law, Chap. 46, Arts 1-6, Secs. 1-77. Four divisions have been established by Departmental authority. ee Employees (8) p 12,942 ADMIALS | RATION Te have custody of State archives; to eéminister ooths of office, to superin= tand publication of laws and dintribution of coplos thareef; to regulate operation af motor vehialgs, to have custady of documenta filed by corpera- TUTAL COST SECRETARY OF STATE NOMBER OF EMPLOYLES(MAP } OF PLRSONAL SERVICE (1917-18) 225,636.46 COST OF MAINTENANCE & OPERATION (1917-18) 719,479.79 tions) to perform elorical dutias prescribed by Imw. Sac retary of Stato (i Other employees (1) CORPORATION BUREAU To record and file certificates of incor- Poration; to issue certificates of author- ity; to examine, papers to be filed; to make searches of tha records for titles and other information; to examine incor- porotion papers; to joeue certificates of incorporation and other records; to copy certificates of incorporation. Stat. Generel Corporation Law, Chap.23, Art. 2, 3, 9A, 10. Secs. 5, 9, 15, 16, 62, 66, 200, 220, 22). Business Corporation Law, Chap. 4, Art. 3, Sec. 36. Stock Corporation Law, Chap. 59, Art. 3, Sec. 34. Three divisions hsve been established by Departmentad authority. a Eaployees (31) $ 36,700 MAINTENANCE UNDISTRIBUTED (1917-12) 150,000.00 TOTAL COST OF DEPT. (1917-18) #1095,116.25. eat ee a 6,000 COST OF PERSONAL SERVICE (1918-19) $260,182.00 COST OF MAINTLNANCL & OPERATION (1918-19) 881,494.85 MAINTENANCE UNDISTRIBUTED (1918-19) 150,000.00 TOTAL COST OF DEPT. (1918-19) ¥1291,676.85 15,800 ADMINISTRATIVE BUREAU To receive and account for moneys received for feos; to have charge of financial tranoactione and of ledger of appropria- tions and statistics; to purchase supplies for all departments; to prepare number Plates, chouffeurs' badges, etc.; to order 411 printed matter; to compare original laws and prepore same for printer; to com= pile legielative manual. Const. Art. 5, Sacs. J, 2, 3. Stat. Exocutive Law, Chap. 18, Art. 3, Secs. 20-34. Five divisions hava Deen established by Dopartmenta] authority. Employees (15) 3 18, 860 MOTOR VEHICLE BUREAU To iseue origine] and renewal certificates of authority to operate motor vehicles; to collect and account for fees for licenses; to examine, file and have custody of appli- cations; to prepore statistical data and report same; to have direct jurisdiction over counties; to grant authority to owners chauffeurs and dealers to operate motor vehicles in New York State. Stat. Motor Vehicle Law, Chap. 25, Arts, 11 11-A, Secs. 280-310. Roployees (146 150,380 DEPARTMENT OF THE STATE SUPERINTENDENT OF ELECTIONS TOTAL NUMBER OF EMPLOYEES (MARCH 1,1919)____ 284 COST OF PERSONAL SERVICE (1917-18) ___- $180,812.54 COST OF MAINTENANCE AND OPERATION(I9I7I8)____ 29,479.73 TOTAL COST OF DEPARTMENT (1917-18) __ __- $210,292.27 TOTAL APPROPRIATION- PERSONAL SERVICE- EXCLUSIVE OF DEFICIENCIES-1918-19. * 190,340.00 TOTAL APPROPRIATION- MAINTENANCE - EXCLUSIVE. OF DEFICIENCIES -I918-19__* 43,000.00 TOTAL APPROPRIATION FOR DEPARTMENT-EXCLUSIVEOF 9 DEFICIENCIES-I918-19. 233,340.00 OUPERINTENDENT OF ELECTIONS To preserve order at elections, to administer the election lawe. Chap. 649, Laws of 191] - Chap. 678. Laws of 1915 Superintendant of Elections (1) $5,000.00 Chief Deputy (1) 4,000.00 Employees (262) 171,812.54 DrparRTMENT or STATE 83 Proposed Organization of the Department of State At the head of the proposed Department of State there will be a Secre- tary of State appointed by the Governor and serving at his pleasure. The Department will be supervised by the Secretary with one Deputy. The duties of the Department will include the custody of records, the prepara- tion of the Legislative Manual, as well as the administration of the Elec- tion Law as at present entrusted to the State Board of Canvassers, State Board of Examiners of Voting Machines and the State Board of Elections. The department will be organized with three bureaus as follows: Bureau of Records, Corporation Bureau, Bureau of Elections. There will be Chief Clerks in charge of the Bureau of Records and Cor- poration Bureau and a Director in charge of the Bureau of Elections. All of these positions will be in the competitive class under civil service. The Bureau of Records will continue to have custody of the records of lands, make searches, issues patents, grants, etc., have custody of and issue laws and petitions concerning primaries, notify candidates, pre pare and distribute election laws, prepare certificates of authority, have custody of appointment records, issue licenses to peddlers selling foreign made goods, certify notaries, file documents and collect various statistics. The Bureau of Records will also perform all the general administrative detail of the department. The functions of the Commissioners of the Land Office will be transferred to his bureau. The Corporation Bureau will contain the record and file certificates of incorporation, issue certificates of authority, examine papers to be filed, search records for titles, examine incorporation papers and issue certifi- eates of incorporation. The Bureau of Elections will canvass the returns of the county can- vassers of elections, examine and report on the accuracy and efficiency of voting machines and their capacity to record the will of voters upon the application of any person or corporation interested in any voting machine, and enforce the Election Law. : The duties of the present Bureau of Motor Vehicles and the functions of the present Administrative Bureau in so far as they affect motor vehicles will be transferred to the proposed Department of Taxation and Finance, in accordance with the report on that Department. Summary of Recommendations. 1. The Secretary of State, the head of the proposed Department of State, will be appointed by the Governor and will serve at his pleasure. He will have one Deputy. 84 Rerort or Reconstruction. CoMMISsION 2. The Department of State will be organized with the following bureaus: Bureau. of Records, Corporation. Bureau, Bureau of Eleetions. There. will be a. Director in charge of each bureau. These positions, will be in the competitive class under civil service.. 3. The: duties: of the State Board of Canvassers, State Board of Examiners of Voting Machines and State Superintendent of Elec- tions will be transferred to the proposed Bureau of Elections of the Department of State, and the Notarial Bureau in the Executive Department to the proposed Bureau of Records. 4. The functions of the Commissioners of the Land Office will be transferred to the Bureau of Records. The Secretary of State will personally pass on all land transactions. 5. The Bureau of Motor Vehicles at present in the office of. the Secretary of State will be transferred to.the Department of. Taxation and Finance. 6. Constitutional amendments are required. to make the Secretary of State an appointive officer and to discontinue the Commissioners of the Land Office. The other recommendations will require only statutory changes. Proposed Organization of Department of State DEPARTMENT OF STATE . ' Secretary of State (appointive) | Deputy Secretary of State CORPORATION BUREAU OF BUREAU OF BUREAU RECORDS ELECTIONS Director Director | Director DrrparTMENT oF Pusric Worxs 85 CHAPTER 6— DEPARTMENT OF PUBLIC WORKS Present Organization of Public Works Agencies At present the public works activities are carried on in the following state agencies: Department of State Engineer and Surveyor. Department of Public Works. ‘Department of Highways. Department of Architecture. ‘Commissioners of the Canal Fund. The Canal Board (an ex-officio body). Trustees of Public Buildings. New York Bridge and Tunnel Commission. Interstate Bridge Commission. Department of Conservation. Commission on West Side Improvements. New York-New Jersey Port and Harbor Development Commis- sion. Long Island Waterway Improvement Board. Port Wardens. Harbor Masters. The following is a brief outline of the powers and duties assigned by law to the bodies enumerated above as they now exist: Department of State Engineer and Surveyor: The office of State Engineer and Surveyor is established and the general duties of the Department under his jurisdiction are enumer- ated in the state Constitution. He is elected by the people at the regular elections every two years. The responsibilities include the direction of engineering work carried on by the State other than that relating to highways; carrying on of miscellaneous surveys and investigational work and the improvement of the canal system of the State, including the construction of the Barge Canal and ter- minals, the latter function having heen placed under the jurisdiction of the State Engineer and Surveyor by statute. The organization of the Department includes the following Divisions: Chief Clerk’s Division, Deputy’s Division, directing the work of the Land Bureau, Bureau of Department Surveys, Bureau of General Engineer- ing and general administrative matters, Special Deputy State Engineer’s Division, having charge of plans and construction of Barge Canal and Terminals, Eastern, 86 Report or Reconstruction CoMMISSION Middle and Western Divisions under the two Deputies having charge of all engineering work in the districts. The State Engineer receives an annual salary of $8,000. Department of Public Works: This Department is under the supervision of a Superintendent of Public Works appointed by the Governor by and with the consent of the Senate, for a term of two years. The office of the Superintendent of Public Works and the general duties of the Department are pre- scribed in the state Constitution. This Department is concerned with responsibility for the execution of all laws relating to the mainte- nance, construction and navigation of canals, except so far as such construction is placed by statute under the jurisdiction of the State Engineer and Surveyor. For purposes of administration the organi- zation under the jurisdiction of the Superintendent of Public Works is distributed among the following bureaus and divisions: The Bureau of Claims and Appraisals, concerned with settle- ments and claims against the State in regard to canals, . The General Administration Bureau, including the overhead organization, The Bureau of Finances and Accounts, responsible for accounting and auditing, The Bureau of Canal Traffic and Statistics, responsible for regulation, rates and statistics of traffic on canals, The Bureau of Navigation, responsible for the inspection of steam and passenger motor boats plying in state waters and the licensing of pilots, captains, masters and engineers, The Eastern, Middle and Western Divisions, each under the jurisdiction of an Assistant Superintendent of Public Works, responsible for the operation and maintenance of canals, The Bureau of Construction, an inspectional bureau, and The Bureau of Mechanical and Electrical Equipment, which repairs and maintains electrical and mechanical structures. The Superintendent of Public Works receives an annual salary of $8,000. Department of Highways: This Department is under the executive supervision of a Commis- sioner appointed by the Governor by and with the advice and consent of the Senate, for five years. Its scope includes responsibility for the construction and maintenance of all state roads and county highways, and the supervision of construction and maintenance of town high- DEPARTMENT OF STATE ENGINEER AND SURVEYOR TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919), 84 TOTAL COST OF PERSONAL SERVICE (1917-18) $111,430 00 TOTAL COST OF MAINTENANCE AND OPERATION (1917-18) 26,696 33 TOTAL COST OF DEPARTMENT (1917-18) $138,126 33 1918-19 TOTAL APPROPRIATION — PERSONAL SERVICE, EXCLUSIVE OF DEFICIENCIES $111,350 00 ADMINISTRATION TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE Sa ee ee A eh ER ie OF DEFICIENCIES 36,310 00 To have charge of engineering work on state work, except that a ae eae ane on highways; to perform various surveys and investigations; to GRAND TOTAL $147,660 00 have charge of construction, as directed by the legislature. Constitution, Art. V, Secs. 1, 5; Chap. 147, Laws 1907, Chap. 319, Laws 1909, Chap. 746, Laws 1911, etc., for various assignments on construction and surveys. Canal Law, Art. V; Public Officers Law, Sec 31, 32; Executive Law, Art. VII State Engineer and Surveyor (1) $8,000 Employees (4) 10,450 SPECIAL DEPUTY STATE ENGI- DEPUTY’S DIVISION CHIEF CLERK’S DIVISION NEER’S DIVISION : a i pa meee cane ene Sarees catreys, Bie To supervise the clerical and accounting work, Civil , in- i ( i \- To prepare plans and estimates, and supervise work of ative matters of the department. & Service Records, purchase of supplies, and correspond construction of Barge Canal and terminals. Dud te atesuice erie lg baal e vot a Va eal ta. Sue ewe wleleravelans Executive Law, Sec. 76 Breen Law—Sec. 71, 72, Subd. 1, 3, 5; Judiciary Law Executive Law, Sec. 72, Subd. 2, 3, 5 ETE ESET ————— —_ ee 5 Chief Clerk (Vacancy) Special Deputy State Engineer (1) Deputy State Engineer (1) $5,000 Employees (64) 123.065 Employees (2) 4,580 Muaployess: (24) ads Others assigned as various projects are undertaken. THREE DIVISIONS Eastern, Middle and Western To have charge under the-Deputies of the engineer- ing work in each district. Division engineers (3) each $4,800 (One in charge of each division) Fmpeyee (Varying numbers, dependent upon season and assignments) DEPARTMENT OF PUBLIC WORKS TOTAL NUMBER OF EMPLOYEES, 765. (Based on number March 1, 1919. with regular seasonal employees rfoted) TOTAL COST OF PERSONAL SERVICE (1917-18) $886,179 38 TOTAL COST OF MAINTENANCE AND OPERATION (1917-18) 432,876 98 TOTAL COST OF REPAIRS AND CONSTRUCTION (1917-18) 178,574 34 TOTAL COST OF DEPARTMENT (1917-18) $1,497,630 70 CANAL BOARD a os renal eainean ees te determine ‘sale, exchange 1918-19 r abandonment o . : Eital GHNGE BAd AbmOUE DURE cad celle acee ts TOTAL APPROPRIATION — PERSONAL SERVICE, order sale of surplus waters, grant permits for building EXCLUSIVE OF DEFICIENCIES $1,140,608 15 and investigate charges against certain canal officers. TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE Cons., Art. V, Sec. 5, Ch OF DEFICIENCIES 312,100 00 a ee TOTAL APPROPRIATION — REPAIRS, CONSTRUCTION, = Members ct) All ex-officio ; GENERAL ADMINISTRATION BUREAU ETC., EXCLUSIVE OF DEFICIENCIES 333,605 7 ¢ S Supt. o} ublic orks ————————— ini 4313 90 To administer the laws relating to the repair and navigation of GuY ee eonse? eas 00 the canals and to the construction and improvement of them . except (hose confided to the State Engineer and Surveyor. Pore Art. V, Sec. 3, Chap. 448, Laws of 1918, Chap. 188 Canal Law. Supt. of Public Works (1) $8,000 Employees (2) 4,200 Deputy Supt. of Public Works (1) 5,500 Assistant to the Deputy (1) 4.500 Employees (11) 13.760 Bureau of Mechanical Bureau of & Electrical Equipment Claims & Appraisals BUREAU OF EASTERN, MIDDLE AND) WESTERN BUREAU OF BUREAU OF BUREAU OF CANAL for FINANCES& ACCOUNTS DIVISIONS NAVIGATION CONSTRUCTION TRAFFIC & STATISTICS To have charge of the repair To make settlements and maintenance of all elec- leads (end property ate lex trically and mechanically op- priate in connection wit To have charge in each division of the maintenance : ‘ . erated structures such as Barge Canal and Terminal Fo avait Sean eee and operation of the canals and waterways. (In- To inspect all steam and pas- To supervise repair and main- To have charge of canal traf- locks, dams, equipment; and improvements; to prepare and charges: +5 peer aee ihe cludes repairs, dredging, buildings, care of reser- senger motor _ boats on the tenance work and to pass on fic, freight rate matters and to supervise their operation; evidence to assist the State payroll and ‘kee records. of voirs, locks, dams, terminals, buoys, bridges, etc.) canal; to require repairs, fix estimates of costs. inland water transportation to maintain buoys and chan- in the defense of claims supplies and Paes ie number of vassengers, issue development; to prepare data rials pur- permits; and to issue licenses 7 on Canal traffic. nel lights and to keep records to be tried; to investigate cir- h : = ; a Se ee Bee ee. Guimstancéee ‘ineidental” 46 chased and disbursed. Constitution, Art. V, Sec. 3, Chap. 25, Laws of 1906, to masters and pilots of same. Inspector (1) $3,600 crane. Boer eos P ‘ ‘ Created by appropriation act ote a a. iy ae a aD Tae Asst. Supts. of Public Works (3) each $3,600 00 — a & Chief of Bureau (1) $3,900 toe isi 7 tree os oe oie ae (1) aa ee Employees (5) 9,950 eanerecry 198,127 40 Traffic Agent (1) $3,500 Movable Sain neg ieee Re Temporary (for maintenance) 142,000 00 Inspector of Hulls (1) $3,000 Employees (23) 16,430 Chief of Bureau (1) = $5,000 Inspector of Boilers (1) 3,000 ach 906 Inspector By Employees (10) 20, 800 Employees (555) S441, 260 lockmasters and - . ‘6 < operators, gate, Employees (368) $181,550 75 Terminal Organization bridge and buoy (Section superintendents, repairmen, tenders, etc.) patrolmen, watchmen, etc.) (partly Largely seasonal seasonal) Cranemen (27) Harbormasters (32) and DepaRTMENT oF Puspric Works 87 ways. For purposes of administration, the work of the Department of Highways is distributed as follows: The First Deputy Commissioner is responsible for the preparation of plans and specifications and the execution of all contracts pertaining to state and county highways. The Second Deputy exercises supervision over the maintenance of state and county highways. The Third Deputy is responsible for the repair, improvement and maintenance of town highways and county and other roads within the Indian Reservation. The direction and supervision of work in the field is under the jurisdiction of nine Division Engineers, while the needs of the Department in the matter of clerical, auditing and accounting service are supplied by organiza- tion under the supervision of the Secretary and Auditor of the Department, respectively. The Commissioner of Highways receives a salary of $10,000. Department of Architecture: This Department is under the direction of the State Architect appointed by the Governor, by and with the advice and consent of the Senate, for a term of three years. The scope of its jurisdiction includes responsibility for the preparation of plans and specifications and the award of contracts for the construction, alteration or improve- ment of all state buildings, with the exception of armories, school buildings and buildings under the jurisdiction of the trustees of public buildings. The organization of the Department provides for an engineering and architectural professional staff sufficient to handle the ordinary problems that arise in connection with the design of structures. In addition, special attention is given to the direction of construction work and the testing of construction materials. The Department is organized with the following Bureaus: Bureau of Engineering, Bureau of Construction, Designing and Testing, Bureau of Office Management, and Bureau of Records and Accounts. In addition there is a branch office in New York City. The State Architect receives a salary of $10,000. Commissioners of the Canal Fund: The Commissioners of the Canal Fund manage the canal fund. The Commissioners are the Lieutenant-Governor, the Secretary of State, the Comptroller, the Treasurer and the Attorney-General. Canal Board: The Canal Board comprises the Commissioners of the Canal Fund, together with the State Engineer and Surveyor and the Superin- 88 Report or ReconsrrvucTion CoMMISSION tendent of Publie Works. This body has jurisdiction over the fixing and changing of the canal land boundaries; the acquisition, sale or exchange of canal lands; the investigation of contracts connected with canals; the approval of plans and estimates submitted by the State Engineer for canal improvement; the control over the sale of surplus water of canals or feeder creeks; the granting of per- mission for the erection of buildings on canal lands for commercial or manufacturing purposes and the investigation of charges against canal officials. Trustees of Public Buildings: The Board of Trustees of Public Buildings include the Governor, the Lieutenant-Governor and the Speaker of the Assembly. As trustees of public buildings they have supervision over the Capitol and other buildings of the State at Albany and the Senate House at Kingston. These trustees appoint a Superintendent of Public Build- ings who is responsible for the general care, maintenance and opera- tion of the buildings under their jurisdiction. The New York Bridge and Tunnel Commission: This Commission is composed of the Commissioner of Plant and Structures of the City of New York and four other Commissioners, three of whom are appointed by the Governor of the State and one by the Mayor of the City of New York. The duties of the Commission are to co-operate with a similar commission representing the State of New Jersey for the purpose of constructing a tunnel or tunnels under the Hudson river. Interstate Bridge Commission: This Commission is composed of the State Engineer and Surveyor, Superintendent of Public Works and the State Highway Commis- sioner. The duties of the Commission are to act jointly with a simi- lar commission from Pennsylvania in acquiring the rights, fran- chises and property of the several bridge corporations, municipal corporations, companies, partnerships or individuals owning or oper- ating toll bridges, ineluding the bridge at Pond Eddy, town of Lun- berland, Sullivan County, except such as are owned by steam or electric railroads and used exclusively for railroad or railway purposes. Department of Conservation: This Department is concerned with responsibility for the adminis- stration of laws affecting the care of state lands, forests and waters, imdluding the State Reservation at Saratoga Springs. For purposes of administration this Department is divided imto four divisions, namely: SECOND DEPUTY’S DIVISION To have charge of the maintenance of state and county highways. Highway Law, Art. 2, Sec. 14 Second Deputy Commis. (1) $s 000 Employees (19) 29,840 FIRST DEPUTY'S DIVISION —— To supervise and direct plans, specifica- tions and execution of all contracts per- taining to state and country highways. Highway Law, Art. 2, Sec. 14 First Deputy Commis. (1) $6,000 Employees (46) 86,408 STATE HIGHWAY DEPARTMENT To supervise all highways and bridges constructed, improved or maintained by the aid of state moneys. Highway Law, Article 2, Sec. 11 Commissioner (1) $10,000 Employees (4) 6,700 SECRETARY To perform the general executive duties of the department. Highway Law, Art. 2, Sec. 14 Secretary (1) Employees (19) NINE ENGINEER DIVISIONS To make or have made and examine all surveys, maps, plans, J specifications, estimates and proposals; to examine and inspect the work performed on any highway, etc. Highway Law, Art. 2, Sec. 16 Division Engineers (9, one heading each division), ea. $4,000 Employees (490) 765,375 DEPARTMENT OF HIGHWAYS TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919), 618 TOTAL COST OF PERSONAL SERVICE (1917-1918) $211,183 TOTAL COST OF MAINTENANCE AND OPERATION (DEPARTMENTAL) (1917-1918) *77,809 MAINTENANCE AND REPAIR OF IMPROVED HIGHWAYS STATE AID TO TOWNS, INDIAN RESERVATION AND COUNTY ROADS 5,246,593 2,126,016 *GRAND TOTAL — DEPARTMENTAL — (1917-1918) $288,992 NOTE — Salary cost as presented in chart based on payroll of March 1, 1919. Figured on an annual basis, 1918-19 TOTAL APPROPRIATION — PERSONAL SERVICE, EXCLUSIVE OF DEFICIENCIES $213,816 TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE OF DEFICIENCIES 77,600 $291,416 TOTAL APPROPRIATION — MAINTENANCE AND RE- PAIRS OF IMPROVED HIGHWAYS, EXCLUSIVE OF DEFICIENCIES STATE AID TO TOWNS, INDIAN RESERVATION AND COUNTY ROADS 3,787,383 2,095,000 THIRD DEPUTY'S DIVISION To supervise the repair, improvement, and maintenance of town highways and bridges, county roads, and roads and bridges on Indian Reservations. Third Deputy Commis. (1) Employees (17) AUDITOR’S DIVISION To determine the authorization for, and the accuracy of every expenditure of State funds for highway purposes. Highway Law, Art. 2, Sec. 14 Auditor (1) Employees (38) DEPARTMENT OF ARCHITECTURE TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919), 89 COST OF PERSONAL SERVICE (1917-18) $173,785 00 COST OF MAINTENANCE AND OPERATION (1917-18) 27,862 17 TOTAL COST OF DEPARTMENT (1917-18) $201,647 17 STATE ARCHITECT To prepare all plans, specifications and contracts for all buildings and additions to buildings paid for by State funds, except those 1918-19 a Aes cnoer the se of Poublte pone and oe under AL SERVICE the Armory Commission. o certify all payments and contracts. oe 5 ildi i TOTAL APPROPRIATION — PERSON , er of Sites, G 5 ee ee EXCLUSIVE OF DEFICIENCIES $174,095 00 ORL ee TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE ee ap. 23%, Laws of 1917, : Gani wissionet of Commission on Feeble-Minded. OF DEFICIENCIES ante Chap. 197, Laws of 1918. Architectural Adviser to Trustees of Public Buildings. GRAND TOTAL $204,995 CO Chap. 44, Consolidated Laws of 1909. Architectural Adviser to Legislature in preparation of Construction Budget Recomimendations. Chap. 111, Laws of 1914. Commissioner of Commission on New Prisons. Chap. 591, Laws 1916. Chap. 44, Art. 2, Secs. 6-19d, Secs. 1-3, Sec. 1, P. 3706, vol. 3, 2d Ed. Con. Laws, Secs. 1--4, pp. 6476-6478, Vol. 6, 2nd Con. Laws. State Architect (1) $10,000 CONSTRUCTION DESIGNING AND TESTING RECORDS AND ACCOUNTS To supervise functions shown below. NEW YORK OFFICE To represent the State Architect in New York City. To make plans. To do color rendering Chap. 44, Art. 2, Sec. 7 ENGINEERING To make mechanical designs; to Ad reorganize mechanical plants of state institutions, OFFICE MANAGEMENT To be Chairman of Bureau of Mate- rials, To make architectural and structural ange Mae aa, See e ieee ss See designs: to be Chairman of Bureau of Standards. Chap. 44, Art. 2, Secs 7 and 8. Executive Secretary (1) $4,000 Assistant Secretary (1) 2,650 kee $5,000 Chap. 44, Art. 2, Secs. 7, 8, 14 and 18. Executive Deputy (1) Designer (1) $2.300 Chief Engineer (1) $4,000 2 750 Confidential Assistants (2) Assistant State Architect (1) $5,000 CONTRACT ACCOUNTING PUBLICITY EXECUTIVE Field Division DESIGNING pret Ene: AND DRAFTING incering & Testing Heating Design Electrical Design Sanitary Design To design and write specifications for heat- ing systems, To design and write specifications for san- itary systems To design and write, specifications for elec- trical systems. To supervise all con- struction jobs in field; To do planning, draft- to approve materials. ing, estimating and specification writing. L To supervise all clerks and _— stenographers; to examine contracts. ‘To do drafting, test- ing, surveying and contour planning. Tosuperviseaccounts, To records and files. advertise con- tracts; to make blue- vrints; to issue neces- Chief Clerk (1)$1, 800 sary blueprints to Heating Engi- Electrical E i 1 i 2 n- Sanitary Engi- Executive Chief Inspect- i Dike Pane gineer (1) $1,800 meer (1) $2,000 Clerk (1) $2,300 Bet Se _ $3,000 eat ore, en Structural En- Employee (1) 1,150: contractors. ; Employees (2) 1,700 Employee (1) 1.460 Employees(13)12.940 Employees! 22)42, 200 Eepis cess 25)40.950 sibha qd) ‘ sete Draftsman (1) $1, x00 2 E ployee ( : ; ees (4) 8 400 Employees (2) 1,920 DEPARTMENT OF PUBLIC BUILDINGS TOTAL NUMBER OF EMPLOYEES-(MARCIH 1, 1919), 263 COST OF PERSONAL SERVICE (1917-18) $282,185 37 COST OF MAINTENANCE AND OPERATION (1917-18) 94,125 11 REPAIRS (EXTRAORDINARY) 7,938 25 TOTAL COST OF DEPARTMENT (1917-18) $334,248 73 s Seta * 918-19 TRUSTEES OF PUBLI : R UE DINGS C TOTAL APPROPRIATION — PERSONAL SERVICE, = EXCLUSIVE OF DEFICIENCIES 265,928 40 ; siadyc , sigs TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE nee ty Alene eae Sense Sloe OF DEFICIENCIES 120,454 00 at Kingston, TOTAL APPROPRIATION — REPAIRS, CONSTRUCTION, ETC., EXCLUSIVE OF DEFICIENCIES 8,000 00 GRAND TOTAL $384,382 40 DEPARTMENT OF PUBLIC BUILDINGS To have charge of maintenance of buildings and grounds and to pur- chase the supplies. Stat. Chap. 403, Laws of 1915; Chap. 44, Art. 2, Secs. 3, 4. Superintendent (1) $5,009 Employees (10) 16,822 GEOLOGICAL HALL To care for the building, grounds and heating plant. EXECUTIVE MANSION To take care of Governor's residence and grounds and operate heating FIRE WATCH To supply fire protection of the Capitol. CLEANING To take care of the interior of Capitol and move furniture, ORDERLY To operate the elevators; to police and care for the grounds. plant. Stat. Chap. 44, Art. 2, Secs. 2, 3 gay (1) $1,400 Employees (8) 6,728 Attendant (1) Employees (14) ENGINEERING To have charge of supplying heat, light and power to the Capitol and Education Build- ing and light to the Executive Mansion. Chief Engineer (1) $3.,.000 00 Employees (48) 60,718 40 Stat. Chap. 44, Art. 2, Secs. 2 ee $1,800 12,238 Captain (1) Employees (3) STATE HALL To take care of the building and grounds, and operate the heating plant. Stat. Chap. 44, Art. 2, Sec. 4 Janitor (1) St, 400 Employees (28) 21,994 Stat. Chap, 44, Art. 2, Secs. 3, 4 $1,320 3,108 227 STATE ST. To take care of buildings and grounds and operate the heat- ing plant. Employees (3) $2,850 Stat. Chap. 44, Art. 2, Sec. 4 Foreman (2), each Forewoman (1) Employees (84) Chief Orderly (1 Employees (36) 39,014 (For temporary services in removing snow and ice 2,000) Kingston Senate House To take care of the building and grounds and operate the heating plant. Stat. Chap. 44, Art. 4, Sec. 40-42 Custodian (1) Employee (1) (Part time) NEW YORK STATE BRIDGE AND TUNNEL COMMISSION 1917-18 TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1918), 1 TOTAL APPROPRIATION — PERSONAL SERVICE, EXCLUSIVE OF DEFICIENCIES $1,500 00 TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE OF DEFICIENCIES 1,447 42 GRAND TOTAL $2,947 42 1918-19 TOTAL APPROPRIATION — PERSONAL SERVICE. EXCLUSIVE OF DEFICIENCIES $1,500 00 TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE OF DEFICIENCIES 1,030 00 TOTAL APPROPRIATION FOR DEPARTMENT $2,530 00 NEW YORK STATE BRIDGE AND TUNNEL COMMISSION To confer with the Governor and the Legislature of New Jersey, or their representatives, concerning the passage of an act of that State to establish a joint commission for the purchase of water rights, and securing of Federal consent to the construction of bridges over the Hudson tiver from New York city to New Jersey; and to con- sider tunnel communication. Stat. Chap. 206, 1906; 457, 1909; 459, 1910; and 189, 1913. Commissioners (3) Unpaid (Appointed by Governor) ; Commissioner (1) Unpaid Secretary (1) $1,500 DeraRTMENtT oF Pusnic Works 89 The Division of Waters, The Division of Lands and Forests, The Division of Fish and Game, and The Division of Saratoga Springs. In connection with these divisions the Department has provision for engineering services. Commission on West. Side Improvements: This Commission is to investigate the surface railroad situation in the City of New York, on the west side. It consists of seven members, of whom five are appointed by the Governor, one by the Temporary President of the Senate and one by the Speaker of the Assembly. New York-New Jersey Port and Harbor Development Commission: This Commission of three members appointed by the Governor is to act jointly with a similar Commission of the State of New Jersey in the investigation. of port conditions at the port of New York, and to submit a comprehensive report recommending the proper policy that shall be pursued for the best interest of the entire port of New York, and the legislation— state and federal—that will be: necessary to make such recommendations effective. Long Island Waterway Improvement Board: This Board is to “confer with proper engineers and authorities of the United States Government with reference to the construction of a canal on the south side of Long Island from Jamaica Bay to Peconic Bay and to investigate the probable cost of acquiring the necessary lands therefor.” The Board consists of the State Engineer and Surveyor, the Super- intendent of Public Works and one other member to: be appointed by the Governor. A report is called for not later than July 1, 1920. Port Wardens: The Governor with the consent of the Senate appoints nine Port Wardens, one of whom shall be a resident of Brooklyn, for terms of three years. They make surveys of vessels and cargoes arriving at the Port of New York in distress and determine repairs necessary. They are paid out of fees collected. A special Port Warden acts for vessels under quarantine. Harbor Masters: Harbor Masters are appointed for the harbors of Hudson, Rondout and. Tarrytown on the Hudson. They determine the anchorage of vessels in these harbors. They are unpaid. 90 Report or Reconstruction. CoMMISSION Proposed Department of Public Works The powers and duties of the Departments as noted above show an over- lapping of functions resulting in a duplication of service and effort which can to a considerable extent be eliminated by co-ordinating the adminis- tration of the activities in a single Department under responsible execu- tive control. With this in mind it is recommended that a Department of Public Works be established, the head of which will be a Commissioner appointed by the Governor and serving at his pleasure. The Commissioner will have two Deputies. It is proposed that this Department assume responsibility for the vari- ous functions now exercised by the above-mentioned departments of the state government, with the exception of the Commission on West Side Improvements, Port Wardéns and Harbor Masters. It is proposed to abolish the Commission on West Side Improvements because the Commission no longer functions and because the subject to be considered is exclusively within the jurisdiction of the City of New York excepting insofar as it involves the regulation of public utilities which is under the jurisdiction of the Public Service Commissions. It is proposed, to transfer the Port Wardens to the Department of Com- merce of the United States Government. It is proposed to abolish the Harbor Masters whose functions, if neces- sary at all, should be performed by agents appointed by the towns of Hudson, Rondout and Tarrytown. In the proposed Department of Public Works provision will be made for administering related functions by the establishment of a number of bureaus within the Department. The Bureaus for which definite provi- sion will be made are as follows: Bureau of Engineering. Bureau of Waterways. Bureau of Highways. Bureau of Architecture. Bureau of Administration. The head of the Bureau of Engineering will be the Chief Engineer of the Bureau. The head of the Bureau of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of Highways will be the Chief Engineer of Highways. The head of the Bureau of Archi- tecture will be the State Architect. The head of the Bureau of Admin- istration will be the Secretary of the Department. These positions will all be in the competitive class under civil service excepting the Secretary. In conducting examinations for these positions the Civil Service Com- DepargtMent or Pusiio Works 91 mission will select examiners from a list of nominations by the Engineer- ing Council. The Bureau of Engineering will be responsible for furnishing to all state departments engineering service in the matter of planning public work projects or other development work; making surveys of various kinds, including topographical and hydrographic; conducting investiga- tions or studies of an engineering character, including the testing of con- struction materials, furnishing engineering service required in connec- tion with the acquisition or transfer of state property. It will include planning and construction of all engineering projects not specifically assigned to other Bureaus of this Department such as interstate harbor, bridge, tunnel or terminal improvements. The actual control over planning and construction work exercised by this Bureau will be limited to projects which do not fall within the scope of the work of the other Bureaus of the Department. It will not include, for example, the plan- ning or construction of canals or highways or buildings. The work of the Bureau of Engineering will be further organized according to the following divisions: Division of Construction. Division of Design. Division of Surveys (including both topographical and hydro- graphic surveys). Division of Testing. Division of Office Management. “This proposal will co-ordinate and bring under a single jurisdiction the miscellaneous engineering service now exercised by a number of existing state and interstate agencies engaged in public works construc- tion or maintenance. And in addition the supervision of construction of all works other than’highways, buildings, canals and terminals. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of New York, assisted by the Bureau of Engineering. This Bureau will make special investigations for other departments requiring information and experience which the regular professional staff of such departments is not able to furnish. This applies, for example, to the institutional departments, Conservation Department, and Health Department. It will include within the scope of its work the making of comprehensive studies of an engineering char- acter involving the conservation and development of power; or the pro- tection of inland waters from pollution; or the outlining of the main features of a state system of drainage. The Bureau of Waterways will be responsible for the construction 92 Rerorr or Recoysrruction ComMMISSION and operation of the inland waters of the state; including the operation of the State Barge Canal, together with the exercising of suitable: control over the use of these: facilities and the construction and operation of canal terminals. This. Bureau will also be responsible for the enforcement of laws relating to the navigation of rivers and canals. The work of this Bureau will be grouped according to the following Divisions: Division of Construction. Division of Real Estate. Division of Operation with three geographical units. Division of Traffic. Division of Boat Inspection and License. Division of Office Management. This proposed Bureau will co-ordinate and bring under a single juris- diction the functions now exercised by the following state Departments: State Engineer and Surveyor. Canal. Board. Department of Public Works. The Bureau of Highways will be concerned with supervision over the construction and maintenance of all public highways under the jurisdic- tion of the State, including those stipulated in the Highway Law of the State, and others at present under the jurisdiction of other state depart- ments. It will also minister the laws of the State relating to the use of public highways. The work included under the jurisdiction of the Bureau of Highways will be grouped under the following Divisions: Division of Office Management. Division of Construction and Maintenance with nine geographical units.. The Bureau of Architecture: will be responsible for preparing plans for architectural projects and exercising general supervision over their execution. It will also have custodial care of the public buildings in Albany and New York. The work under the jurisdiction of the Bureau of Architecture will be earried on with the following divisions: Division of Office Management. Division of Design. Division of Inspection. The Bureau of Administration will be responsible for co-ordinating the work of the various other Bureaus in the Department, including the development and operation of the necessary inter-departmental procedure. . DePaRTMENT OF Pusrroc Works 93 The Bureau will be responsible, also, for all accounting records and information and for the development of cost data relating to the work of the Department, and will exercise general supervision over the purchase and storage of supplies. It is not to be assumed that all clerical service in the Department will be centered in this Bureau, but its purpose will be rather to install, standardize and supervise all accounting and clerical work throughout the Department and to centralize the most important departmental records. The work of the Bureau of Administration will be organized with the following divisions: Division of Statistics and Accounts. Division of Clerical Service, including Payrolls, Civil Service, ete. Division of Purchase and Stores. Division of Claims. In the administration of certain functions of state government, par- ticularly public works, problems often present themselves which make it desirable for the head of the Department to have the advice and counsel of persons not directly concerned with carrying on the administrative work of the Department. The experience of other states, notably Illinois, has shown the need for such advisory bodies. It is, therefore, suggested that advisory or consulting boards be provided in connection with the pro- posed Department of Public Works. Such Boards will be constituted to advise upon the following phases of the department’s work: Engineering Projects, Architectural Projects. Waterway Projects. Administration of Public Works in Other States Tn connection with the discussion of the establishment of a Department of Public Works in New York State, it is of interest to call attention to recent action taken in other states. Illinois, previous to 1917, presented conditions with respect to the decentralization of the governmental activities, particularly of those activities relating to public works, comparable with those existing in New York State at the present time. During that year a Civil Administrative Code was enacted which established nine administrative departments, one of which is the Department of Public Works and Buildings. This Department is under the administration of a Director, appointed by the Governor with the consent of the Senate. The functions included under 94 Report or Reconstruction CoMMISSION the Department are divided among the following bureaus, each with a suitable administrative head: Executive Office Bureau. Bureau of Purchasing and Supplies. Bureau of Architecture, Construction and Inspection. Bureau of Highways. Bureau of Waterways. Bureau of Parks and Buildings. Bureau of Printing. The Illinois Department of Public Works and Buildings exercises the rights, powers and duties formerly vested in the State Highway Com- mission, State Highway Engineer, Canal Commission, Rivers and Lakes Commission, State Water Survey, the Illinois Park Commission, Super- intendent of Printing, State Art Commission and three quasi-public bodies, namely, Fort Massac Trustees, Lincoln Homestead Trustees, Lin- coln Monument Trustees, State Art Commission and other agencies. The Director of the Department of Public Works and Buildings is advised with reference to the policy of the Department by the following advisory boards: Board of Art Advisors, composed of eight persons. Board of Water Resources Advisors, composed of five persons. Board of Highway Advisors, composed of five persons. Board of Park and Building Advisors, composed of five persons. These advisory boards are appointed by the Governor. The Nebraska Civil Administration Code enacted in 1919 provides for a Department of Public Works headed by a Secretary of Public Works appointed by the Governor, with the advice of the Senate, for a term of two years. The public works functions of the State have been brought together in this consolidated department, which exercises the following duties: The building and maintaining of state highways and bridges. The regulating of traffic, and licensing and controlling of motor vehicles. The administration of irrigation, water-power and drainage laws. The Administration Consolidation Act of Idaho, recently passed, pro- vides for a Department of Public Works in charge of a Commissioner of Public Works, appointed by the Governor and serving at his pleasure. This Department exercises the duties formerly vested in the following agencies : State Highway Commission. State Highway Engineer. DEPARTMENT OF PuBLic Works 95 Board of Trustees of the Capitol Building. Heyburn Park Board of Control. The Department of Public Works, however, does not comprehend the irrigation projects of the State, since irrigation is of such importance in Idaho as to warrant the establishment of a separate department, namely, the Department of Reclamation. The Oregon Consolidation Commission, in its recent report to the Legis- lature, recommends the establishment of a Department of Public Works and Domain, which would include the following existing state agencies: State Engineer. State Water Board. Desert Land Board. State Highway Commission. Commission of the Oregon Bureau of Mines and Geology. State Board of Forestry. Bureau of Buildings, now under Secretary of State. State Board of Fish and Game Commissioners. Oregon Conservation Commission. Oregon Geographic Board. Bureau of Mines and Geology. It was proposed to head this Department with a Commissioner of Pub- lic Works and Domain, appointed by the Governor, and serving at his pleasure. It was also proposed to associate with the Department an advis- ory unpaid board of three State Highway Commissioners, to be appointed by the Governor and to be called together from time to time by the State Highway Engineer. Summary of Recommendations 1. Establish a Department of Public Works at the head of which will be a Commissioner appointed by the Governor who will serve at his pleasure. The Commissioner will have two Deputies. 2. Transfer to the proposed Department of Public Works the functions of the following existing agencies: Department of State Engineer and Surveyor. Department of Public Works. Department of Highways. Department of Architecture. Commissioners of the Canal Fund. Canal Board. Trustees of Public Buildings. New York Bridge and Tunnel Commission. 96 Revort or Ruconsrruction ComMIssIoN Interstate Bridge Commission. Engineering and construction work of the Department of Con- servation. New York-New Jersey Port. and Harbor Development Commission. Long Island Waterway Improvement Board. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of New York. 8. The work of the proposed Department will be organized with the following bureaus: Bureau of Engineering. Bureau of Waterways. Bureau of Highways. Bureau of Architecture. Bureau of Administration. There will also be advisory Boards on Engineering, Architectural and Waterway Projeets. The head of the Bureau of Engimeering will be the Chief Engineer of the Bureau. The head of the Bureau of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of Highways will be the Chief Engineer of Highways. The head of the Bureau of Archi- tecture will be the State Architect. Tbe head of the Bureau of Admin- istration will be the Secretary of the Department. These positions will all be in the competitive class under civil service except the Secretary. Examinations for these positions will be conducted by examiners selected from a list of nominations by the Emgineering Council. These bureaus will be subdivided as follows: Bureau of Engineering: Division of Construction. Division of -Design. Division of Surveys. Division of Testing. Division of Office Management. Bureau of Waterways: Division of Construction. Division of Real Estate. Division of Operation. Division of Traffic. Division of Boat Inspection and License. Division of Office Management. Bureau of Highways: Division of Construction and Maintenance. Division of Office Management. DeragtMentT oF Pusiic Works 97 Bureau of Architecture: Division of Design. Division of Inspection. Division of Office Management. Bureau of Administration: Division of Statistics and Accounts. Division of Clerical Service. Division of Purchase and Stores. Division of Claims. 4. The following agency will be transferred to the Federal government: Port Wardens. 5. The following agencies will be abolished: Commission on West Side Improvements. Harbor Masters. The records of the Commission on West Side Improvements will be transferred tothe Public Service Commission. The records of the Harbor Masters, if any, will be transferred to the local governments of Hudson, Rondout and Tarrytown. . 6. Both constitutional and statutory changes are required to carry out these recommendations. 4 98 Report or Reconstrucrion CoMMISsION Proposed Organization of Department of Public Works DEPARTMENT OF PUBLIC WORKS Commissioner 2 Deputy Commissioners BUREAU OF BUREAU OF BUREAU OF UREA OF BUREAU OF fi ENGINEERING | | WATERWAYS ADMINISTRA HIGHWAYS ue TION Chief Chief Engineer Chief Engineer i Engineer of Waterways Beoretary of Highways Beate Architect DIVISION DIVISION DIVISION OF DIVISION OF DIVISION || or | _OF CON- STATISTICS construc- | || OF CONSTRUC- STRUCTION | [-| AND TION AND DESIGN TION accounts | |_| MAINTE- NANCE 9 Geographi DIVISION EX OFFICIO PUBLIC WORKS HAS CUSTODY OF Custody of Tota) expenditures aK Z ; - = - Port Oswego one Total expenditures ee ae ae AS CUsTOL \ HAVE CUSTODY oF HAS CUSTODY OF SARATOGA BATTLE MONUMENT 3 : ‘ Charter D a. R. $1,280. Commission Pare PARK THE SENATC MOUSE GUY PARK HOUSE Shap. 555, Lawes 1805 Total expenditures LESTER MSN , 5 Chap. 147, Lews-1903 Boece. 1-5, 2nd Bd Cons. $2.250. ADINCADACE FOREST PUP SPYEt J Onbp.té, Art. 9, See.s AT KINGSTON | Chap. 316, Laws-1917 Laws P5375 s oh i, Educationa) Lew. Chap e44,Art.4,40-42, Seca. 1-4, 2nd Ea. anne ier ag Law el BOS pp. 6510-6511,¥01.6, Cons. Laws, %.3702, aan Aaa HLT. TC “4 7; TSEPVE 2né Ed. Cons. Laws of Vel. 3. ceasrarare es 1888; eaens jbiep he: Lave 1987 : wy SE D oWibtJAn sp sd, Art.¢, Suc 02 rESERVATION propriation undor CLIVTON ROUSE OR, WIL | VAM jo) CHA Dena PARI SR WATIC Dept. of Pud. Bldgs Stat. Chap 419, Yo) PSOHASON MAKSION ar Chop: \VG, Lane 18Q6:Cpap. 2, 1900, Lawo of N.Y! Chap. 661, Laws — 190 prt ides ‘82 Vos Con haw. Tay na; ap Custody of the Sees. 1 - 3, 2nd Bd. OT LAWRLAC, RESERVATION ' Daughters of the Cons. Laws, P365,V.3 ata cong 802 Fey) ye, Chap 62,45 Law ST ADK'S American Revolution. Custody of Jobnstown Ay eee : 1 con SIARK'S KNOB 0 i aay PESER Total Expenditure Historical Soc jety Stat. f a Seevarion hap. 16, drt.3, Bec. S, $277.63 Total Expenditure hope bed, Laws’ 1993 raucet ional lew. $1630 CO Turk Too GAIN PRESERVE ( CUB PAVE PESTRVATION Stat.Cbup.65,art.4,66c,32 DEPARTMENT OF CONSERVATION 103 water power, water supply, public forests and fish and game. There are several of these independent agencies which care for mansions and monu- ments rather than parks, which raises the question whether they should be transferred to the State Architect in the Department of Public Works. It is, however, exceedingly difficult to draw a line between the places which are properly under the Conservation Department and those which are properly under Public Works. The majority of the places present problems of conservation and recreation and it therefore seems best to place them all in the Department of Conservation. All architectural work and building repair or extension will however be under the juris- diction of the State Architect. In order to maintain local or special interest and-support, the various boards and associations will be retained as trustees, but the control of appropriations, expenditures and upkeep will be in the Conservation Department which will appoint the necessary employees subject to civil service rules. An exception, however, may be made in the case of the Palisades Interstate Park. It does not seem advisable at the present time to place this park under the exclusive juris- diction of the Department of Conservation since the park is the result largely of contributions from private persons and is being successfully developed under the present administration. Because of the interstate nature of the Park and because private persons continue to make large donations for its development, it seems advisable to leave its administra- tion under a joint commission. It is, however, recommended that the Commissioner of Conservation be made an ex-officio member of the Pali- sades Interstate Park Commission and that all appropriation by the State be made to the Department of Conservation and be expended only upon the approval of the Commissioner. The Bronx Parkway Commission will be transferred to the Conserva- tion Department. It is proposed to retain the bureau organization of the existing Con- servation Commission, with the addition of a Bureau of Administration and to add to the Bureau of Lands and Forests the management and custody of parks and reservations now cared for by special boards and semi-public agencies. The Bureau organization of the proposed depart- ment will therefore be as follows: Bureau of Administration. Bureau of Waters. Bureau of Lands and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. 104 Rerort or Reconstruction CoMMISSION The heads. of these bureaus will. be. Direetors in the competitive class: under civil service excepting the. Bureau of Administration which will be under the Seeretary of the Department. Summary of Recommendations 1. There will be a Department of Conservation under a Commissioner to be appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. The Counsel of the Department will be transferred to the office of the Attorney-General, 3. The Department will perform the functions now exercised by the Conservation. Commission; have the custody of all state lands and parks. which are of value as recreation grounds, or in the conservation of forests and. sources of. water supply; also all places of historic and. scientific interest now under the control of other departments or of independent. boards and commissions or semi-public agencies. The following places now under state departments will be transferred. to the Conservation Commission: The Senate House at. Kingston will be transferred. from. the Trustees of Public Buildings; Guy Park House from the Superintendent of Public Works; the Saratoga Battle Monu- ment from the Comptroller ;. Lester Park, Clark’s Reservation and Stark’s Knob from. the Department of Education. The following places now under independent. boards. or agencies will be transferred to the Conservation Commission: Washington’s Headquarters at Newburg and Temple Hill. Niagara State Reservation. Fire Island State Park. Herkimer Home. Watkins Glen Reservation. Mohansic Lake Reservation. Schuyler Mansion. Newtown Battlefield: Reservation. Lake George Battlefield. Crown Point Reservation. Bennington Battlefield. Stony Point Battlefield. Fort Brewerton. Phillipse Manor House. Letchworth Park. John Boyd Thacher Park. Battle Island Park. DrpaRTMENT or ConsrevaTIon 105 Montealm -Park. Spy Island. Grant Cottage. Clinton House. Sir William Johnson Mansion. In order to maintain local or special interest and support the present boards or associations will continue as boards of trustees, but the cost of appropriations, expenditures and upkeep will be in the Conservation Department, which will appoint the necessary employees subject to civil service rules. All additions, alterations or repairs to buildings in the places above listed will be under supervision of the State Architect. 4. The Palisades Interstate Park will continue to be under the direc- tion of the trustees with the addition of the Commissioner of Conserva- tion, ex-officio. All state appropriations will be made to the Conserva- tion Department and will be expended with the approval of the Commissioner. 5. The Bronx Parkway Commission and the custody and further development of properties in its name will be transferred to the Con- servation Department. 6. The Department will have the following bureaus: Bureau of Administration. Bureau of Waters. Bureau of Land and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. There will be a Director in the competitive class under civil service in charge of each of these Bureaus excepting the Bureau of Administration which will be in charge of the Secretary of the Department. The reservations and places transferred to this Department will be under the Bureau of Lands and Forests. 7. The above recommendations will require only statutory changes. 106 Rerort or Reconstruction ComMMIssIoN Proposed Organization of the Conservation Department CONSERVATION DEPARTMENT Commissioner Deputy Commissioner | BUREAU OF BUREAU OF BUREAU OF BUREAU OF BUREAU OF WATERS FISH AND ADMINISTRA- LANDS AND SARATOGA GAME TION FORESTS SPRINGS Director Director Secretary | Director Director DrpaRTMENT oF AGRICULTURE AND MARKETS 107 CHAPTER 8.— DEPARTMENT OF AGRICULTURE AND MARKETS Present Organization of Agricultural and Market Functions The Department of Farms and Markets is charged with these functions: To protect farmers and the general public from malpractices relating to agriculture or food distribution; to administer the state laws relating to agriculture, weights and measures and food distribution; to promote the production, elimination of waste in distribution, and efficient marketing of foods; to promote country life welfare. These functions are administered by the Council of Farms and Markets, composed of one representative from each of the nine judicial districts of the State, one representative at large, and the Commissioner of Markets of the City of New York ex-officio. With the exception of the Commissioner of Markets of New York City, these members are elected by the Legisla- ture for terms of ten years each. This Council appoints a Commissioner of Agriculture to administer the Division of Agriculture and a Commis- stoner of Foods and Markets to administer the Division of Foods and Markets. The law creating the new organization in 1917 combined in it the former departments of Agriculture, Foods and Markets and Weights and Measures, and also certain duties relating to food inspection formerly in the Department of Health. This law gave the Council of Farms and Markets a free hand in the organization of new Bureaus in the Division of Foods and Markets but did not abolish the existing statutory Bureaus in the Department of Agriculture. The Council has a Secretary and a Counsel. The present State Fair Commission is charged with holding the annual State Fair. The Commissioner of Agriculture and the President of the Senate are members ex-officio, and there are five members appointed by the Governor receiving annual salaries of $2,000. The Secretary receives $4,000. Experience of Other States Several states have recently made changes in the administration of their agricultural functions. The most important of these are Illinois, Idaho and Nebraska. It will be seen that the tendency is toward consolidation under a single head appointed by the Governor and assisted by an advisory board. The Illinois Civil Administrative Code of 1917 consolidated a number of state agencies concerned with the administration of agricultural and allied functions into a Department of Agriculture. At the head of this Department is a Director of Agriculture, appointed by the Governor and confirmed by the Senate. Under the Director is an Assistant Director, a General Manager of the State Fair, three Superintendents who act as 108 Report oF Reconstrucrion ComMMIssIioN heads of Bureaus, a Chief Veterinary, a Fish and Game Warden and a Food Standard Commission, which consists of one of the above Superin- tendents and two other designated officers. There is a Board of Agricul- tural Advisors to the Director of Agriculture, composed of fifteen persons, also a Board of State Fair Advisors, composed of nine persons not more than three of whom may be appointed by the Governor from any one eounty. The Administrative Consolidation Act of Idaho, approved February 19, 1919, provided for the creation of a Department of Agriculture under the direction of a Commissioner of Agriculture who is appointed by the ‘Governor and removable at his discretion. This Department performs the agricultural functions of the State which were formerly vested in several independent boards, officers and commissions. In connection with the Department is a Board of Agricultural Advisors composed of representa- tive citizens engaged in various agricultural pusuits throughout the State, not excluding representatives of agricultural press and of the State Agricultural Experiment Station. The members of this board are appointed. and removed by the Governor. The Board functions only in an advisory and rule-making capacity. A recent law of Nebraska has created a Department of Agriculture which brings together the agricultural functions of the State. This Department is under the control of the Secretary of Agriculture who is appointed by the Governor. A report of the Consolidation Commission of the State of Oregon to the last Legislature proposed the consolidation of all state agricultural agencies into a Department of Agriculture to be established under a Director of Agriculture. This Director is to be appointed by the Governor. In con- nection with the Department there is to be an unpaid Advisory Council of Agriculture, to be composed of five practical farmers, appointed by the Governor from the State at large representing different agricultural interests and including the Director of the Agricultural Experiment Sta- tion. Proposed Organization of Department. of Agriculture and Markets The present organization of the Department of Farms and Markets is not a suecess. After only a year’s experience with the two present Com- missioners, the Council supported a bill providing that the two existing Divisions should be combined under a single head. This bill was defeated in the Legislature. It is obvious that an unpaid Board meeting only oceasionally can act in an advisory capacity, but cannot properly supervise and ¢o-ordinate the work of two separate Departments, each under an ADMINISTRATION To protect farmors and the genoral public from malpractices relating to agriculture or food distribution; to administer the State lewo relative to agriculture, etandardu of weights and modouses,and food distribution, to promote production, elimination of waste in distribution and efficient marketing of foods; to promote country life welfare. Council consieting of one from Stute at large, Commiesioner of Markots of New York City, and momber from gach judicial dietrlet, |. , Chap: 69, Art.II,Xil,I¥, Sec.10~63, 7606 Counsel to Council Secrutary to Council eae SION OF FOODS AND MARKETS To dtetribute and market fovuds; to supervise public cold storage warehouses, (Public Houlth Law) and weights and measures, (Geno ral Bus {nose _DIVISION ~ OF F ACCOUNT ING __ To keep financial and etatietical records; to receive and disburse funde for entire EPT OF FARMS AND MARKETS JOTAL NUMBER OF EMPLOYEES MARCH |, 1919 COST OF PERSONAL SERVICE (197-1918) --- COST OF MAINTENANCE AND OPERATION (1917-1918) TOTAL COST OF DEPARTMENT (1917-1918) TOTAL APPROPRIATION: PERSONAL SERVICL-EXCLUSNE OF DECILIENCIES. (1918-1919) TOTAL APPROPRIATION- MAINTENANCE - EXCLUSIVE Ot DEEIUIENCIES. (1918-1919) TOTAL APPROPRIATION TOR DEPARTMENT-EXCLUSIE OF DETIUENUES — (1918-1919) DIVISION OF AGRICY To carry intod@fect agricultural law,in co- operation with Divieton of Foode and Markets, as $ 344,050. 48 589, 267.2!" 6 933, 917.09 $ 488, 962. 50 645, 876.66 TOTAL APPROPRIATION FOR REPAWS.TTC> LACLUSIVE OF DEFENCES. (1918-1919) A, 954. 00 $ 1,185, 743. 16 + Lawe, Chap. 69, Art. 2 Sece.10, 22,25, 28,29 ——— $8,000 #12, 100 Commivetoner Leployeea LICENSE BUREAU BUREAU OF CO OPERATIVE ASSOCIATIONS To organize co-operative avsociations To feeus licensee to milk desler, commisefon men,and public cold stor age warehouses. Art. 3,50¢0.55, Art.12-a Chap.64, Art.3, Sece.100-104, Chap.1,Art «3,120, 8ecs.55-59, 285, 286, pp.367-372,433-435, Chap.45,Art .16A, Seca 338-3390 Chap -35,Art.13A,Sece .198-2091. Chap. 69 Art .2,9ece.26,29, 30 par.7 Director Exployess $3,000 REGULATIVE BUREAU 'o take charge of etenographers, clerks, etc. Cons. Laws,- Chap.69, Art. 2 Sece.26,27, Director Q) Employees (12) $3,250 10,620 BUREAU OF STANDARDIZATION To examine material collected by a- gents through laboratories at Albany New York, Ithaca, Buffalo and Canton - Laws. Chap. 69, Art. 2, Secs. 26, 27, %, BUREAU OF FOOD PRODUCTS To collect samplee of foods for ox- aminat lone Chap.69, Cons. Lawe, Art. & Sece.26,27)30 Bureau Chief Q) Agonts (3) BUREAU OF WEIGHTS AND MEASURES To adminteter the lew as to weights and measures. Cons. Lawa, Chap.25-1909,Art. 2 Chap. 18, Art. 10, See. 100, Chap. 69, Art. 2, Secs. 21,25,pp- 276)-2762 ,Chep. 20, Art. 2, Bec. ll Direotor Empleyeos BUREAU OF MARKETS AND STORAGE To asotet farmsra to market crops; re- port market conditims, shippers’ griev ances, transport and inspect food, ra~- commend licensing in co-operation with license bureau; to mintain New York and Buffalo offices which, in addition to these functions, perform functions ef the License Bureau and Bureau of coud Product. rectors ——7T3) 10, 920 Employees (ze) 33,940 7 2 Beco.26 ,£7,30,par.5 Ste FARM BUREAU 0 Advive as to wmanagemnt of State inotitution fam, to promote agri- cultural infonnation through addres 306, lecturee and publications Cous. Lave, Chap.69, arte 2. Soce .26,27,30. 46,000 et Commissioner \¢ 1, Tojehare ome 8 oe atts (8) 'S,000 To advieed@partaent officials, oift evidence of violations,and refer Cone. Laws, Chap. 69, Art. 2,3,Seco. 23,24,26 27, 30, par.25, 34, 38, 39, 50-63 Counsel Baployecs BUREAU OF PLANT INDUSTRY To suppress insecto, fungi and pests tree and plant diseases, bee diseas- es; supervise production, ehipment and ealo of nureery stock and apples wMrate sale of insecticides and n fungicides. Chap. 69, Art. Sces.26,27,30,pp- 2762-2764; Chap. 1, Art.t4, Secs. 300, -305 Director TH Employees (37) indicated by Bureaus oharted below. Cons. laws, Chap. 69, Arte &- Sece. WO, 22, 25, 29. Commisaioner Eaployees ton eld printed wattercof éiedatons one. Lawe, Chap.69, Art. 2, » 87, 30, parse »9,10,18,22,8ec. 36,37. DAIRY BUREAU To supervise and regulate the pro- duction, ganufacture and sale of specified agricultural products and gate rial Cone. Laws, Chap 69, Art. 2, » 8ece.26,27, 30 Pare ol, 2, Chap. 1, Art. 3, Sece. 30-61 BUREAU OF ANIMAL INDUSTRY ‘0 prevent and eupprees infectious nd contagious deseascs of domestic nimaloy appraise diseased animale condemned for slaughter, and super- ise the calo of slaughtered animale o enforce dog law and to iesue deg Nicensee. Dog License Bureau « 1 Art.¥d eece .131-1391, pp: 7.1 2nd Bd. Con8ol. Lawes of N. Y. ong. Lawo Chap.69, Art. 2 = Sece. 26,27,30, Chap. 1, Art IS, Sece. 90-114, . pay etes ny} 408)512.50 BUREAU OF STATISTICS To collect and disseminate iaferma- tion relative to agriculture and ag riculturel labor. Cons. Laws, Chap. 69, Art. 2, Seco. 26,27,9, par.5, Chap. 1, Art. 12, Sece. 280, 261 $3,000 $3,240 Director qi) faployece (3) BUREAU OF FARM SETILEMENT To promote cettiement of farming sec: trons by immigrant laborers. Laws of 1909, Chap. 9, Artell-a Sece 266-267 (#6 added by Chap. $66, laws of 1916); Chap. 69, Art. 2, Sece.26, 27,30, par. 2, Chap. 1, Art. 1A, Sece. 266, 267 Director Employees DeraRTMENT oF AGRICULTURE AND MarxkeEts 169 independent commissioner. Moreover, no logical development of Bureaus is possible under such an organization. In locating the responsibility for failure it is, however, necessary to distinguish between overhead and internal organization. Few who know the present organization. will ques- tion the need of consolidation and reorganization within the Department, but there is considerable difference of opinion as to the desirability of changing the powers of the Council, The appointment by the Legislature of a large Council as the head of an administrative Department is opposed to the principles of proper organiza- tion laid down in the introduction to this report. The Constitution of this State clearly divides executive and legislative functions. The legis- lative function does not properly include the appointment of heads of Departments for which the Governor is supposed to be responsible. A Governor who has his department heads appointed by the Legislature has no control over Departments and can assume no responsibility for their conduct or expenditures. The recent agitation for lower food prices indi- eates: that the public holds the Governor responsible for state action and assumes that he has control over the state food agencies. As a matter of fact his authority is limited to special investigation and recommendation. As in the case of the Board.of Regents it is not possible to make recom- mendations regarding the Council of Farms and Markets strictly upon the basis of logic and principle. A large part of the community particu- larly in the agricultural districts is opposed to a change in the organization and election of the present Council of Farms and Markets. This is partly due to confidence in local representatives as distinguished from a single Commissioner and partly to dislike of further changes at this time. It must be remembered that the law of 1917 which established the Council provided that the initial appointments should be made by the Governor and subsequent vacancies should be filled by election by the Legislature. The original nominations by the Governor were apparently unsatisfac- tory to the general public; and were not confirmed by the Senate. The Governor made new nominations which were confirmed. The first elec- tion by the Legislature took place recently at the expiration of the shortest term of the original appointees, so that the new method of appointment has only just been instituted. It will be seen that there is some ground for dislike of another change at this time. As a matter of fact the internal reorganization of the Department is of even greater importance than the change in the Council and such internal reorganization is a stepping stone toward complete centralization of authority. Under these cireumstances it is recommended that no change be made at this time in. the organization and election of the Council. 110 Rerorr or Reconstruction ComMMISSION The Council will appoint a Commissioner of Agriculture and Markets who will hold office at the pleasure of the Council and who will be the administrative head of the entire Department. The Commissioner will appoint all bureau heads and employees subject to civil service rules. The following seven bureaus will be established: Bureau of Administration. Bureau of Plant Industry. Bureau of Animal Industry. Bureau of Farm Management. Bureau of Co-operative Associations. Bureau of Weights and Measures. Bureau of Markets and Storage. There will be a Director in the competitive class under civil service in charge of each Bureau excepting the Bureau of Administration which will be in charge of the Secretary of the Department. In the present Department of Farms and Markets there is a Counsel to the administrative body at a salary of $5,000 who does the legal work required by the Division of Foods and Markets. In addition there is a Legal Bureau in the Division of Agriculture, headed by a Counsel at $4,000, who has eight assistants with aggregate salaries of $9,000. It is proposed to transfer these persons to the office of the Attorney-General who will assign such Deputies as are required in accordance with the recommendations in Chapter 4 of Part II. This will place these functions where they rightly belong and will also result in a considerable saving. The Bureau of Farm Settlement in the Division of Agriculture pro- motes settlement of farming sections by immigrants. There is in the Labor Department a Bureau of Employment with practically the same duties. Recently the federal government authorized similar work through the Departments of Agriculture, Labor and Interior. We there- fore recommend that this Bureau be abolished. The Bureau of Administration will have charge of the general office work as well as the handling of any funds which may pass through the Department. At the present time these functions are performed by the Division of Accounting in the Division of Agriculture and the Regulative Bureau in the Division of Foods and Markets. The present Bureau of Statistics and the Bureau of Editing and Proofreading now in the Division of Agriculture will also be combined in the Bureau of Administration. The present Bureau of Plant Industry in the Division of Agriculture will be continued under the new Department. The present Dairy Bureau and Bureau of Animal Industry in the Division of Agriculture will be consolidated in the Bureau of Animal DepaRTMENT OF AGRICULTURE AND MARKETS 111 Industry. The Dairy Bureau supervises the production, manufacture and sale of dairy products, while the Bureau of Animal Industry sup- presses infectious and contagious diseases of domestic animals, appraises diseased animals condemned for slaughter and supervises the sale of slaughtered animals. The principal advantage to be gained through the consolidation of these two Bureaus will result from combining the inspect- ing forces. Such a consolidation will eliminate one of the present bureau Directors and effect an immediate saving. The Bureau of Farm Management, now the Farm Bureau, will be con- tinued under the proposed Department and will perform the functions of advising with the administration on the management of state institu- tional farms and promoting information concerning farm management through the medium of these farms. It will also have charge of the annual State Fair. It is advisable, however, to substitute a Director for the present Deputy Commissioner of Agriculture. The Bureau of Co-operative Associations and the Bureau of Weights and Measures now in the Division of Farms and Markets will be included as separate bureaus in the proposed department. The former Bureau aids in organizing co-operative associations for the purpose of sale of food and agricultural products as well as materials used by the farmers. The latter Bureau supervises the work of the legal sealers or inspectors of weights and measures, and administers the state law concerning these functions. , It is recommended that the Bureau of Markets and Storage be expanded in the proposed Department of Agriculture and Markets to assist farmers in marketing their crops, to report market conditions, to investigate ship- pers’ grievances, to inspect foods and perform the regulative functions of the Bureau concerned with the inspection of cold storage warehouses. The present Bureau of Food Products'in the Division of Foods and Markets collects samples of food for examination and analysis. The present Bureau of Standardization examines materials collected by its agents at the laboratories in Albany, Ithaca, Buffalo, New York and Canton. The present License Bureau issues licenses to milk dealers, commission men and public cold storage warehouses. All of these will be given to the new Bureau of Markets and Storage which will be under a single Director. Summary of Recommendations 1. The Council of Agriculture and Markets will be continued for the present as the head of the Department and. will be composed of one repre- sentative from each of the nine judicial districts of the State, one 112 Reporr oF RECONSTRUCTION COMMISSION representative at: large, andi the. Commissioner of Markets of New York City ex-officio; the ten members to be elected by the Legislature for terms of ten years as. at present. 2. The present Division of Agriculture and Division of Foods and Markets under the Council of Farms and Markets will be: consolidated into a single Department of Agriculture and Markets under the direction of a Commissioner of Agriculture and Markets. to be appointed and removed by the Council and to hold office at its pleasure. 3. The Department of Agriculture and Markets will be divided into seven. bureaus: Bureau of Administration. Bureau of: Plant. Industry. Bureau of Animal Industry. Bureaw of Farm Management. Bureau of Co-operative Associations. Bureau of Weights: and Measures. Bureau. of Markets: and: Storage. Each Bureau will be under a Director in the competitive class under civil service:excepting the Bureau of Administration which will be under the Secretary of the Department. 4. The present: Counsel and: Legal Bureau will be transfered: to. the office of the Attorney-General. 5. The State Fair Commission will be abolished and its functions will be transferred to the Bureau of Farm Management. 6. Only statutory changes. will be necessary to effect the organization of the proposed Department of Agriculture and Markets. DrpaRTMENt or AGRICULTURE AND MarKerTs 113 Proposed Organization of the Department of Agriculture and Markets COUNCIL OF AGRICULTURE AND MARKETS Commissioner | | BUREAU OF BUREAU OF BUREAU OF BUREAU OF BURBAU OF PLANT ANIMAL ADMINISTRA- FARM COOPERATIVE INDUSTRY INDUSTRY. TION MANAGEMENT ASSOCIATIONS Director Director Le Secretary, Director Director: BUREAU OF BUREAU OF WEIGHTS MARKETS AND AND MEASURES STORAGE Director Director 114 Report oF ReconstRucTIon CoMMISSION CHAPTER 9.— DEPARTMENT OF LABOR Brief Summary of the Present Organization The Department of Labor at the present time is administered by the Industrial Commission. This commission, created by Chapter 674 of the Laws of 1915, is made up of five commissioners appointed for six years by the Governor, by and with the advice and consent of the Senate. One of them is designated by the Governor as Chairman. The salary of each Commissioner is $8,000 per year. The functions of the Department are “to supervise the administration and enforcement of the Labor Law, and to make, amend and grant variations from rules and regulations for carrying the Labor Law into effect, and to supervise the administration and enforcement of the Work- men’s Compensation Law.” . There is also an Industrial Council, the duty of which is to advise with the Commission on matters of policy and to co-operate with the Civil Service Commission on matters of departmental personnel. This Council is composed of ten members appointed by the Governor, five of whom are representatives of the employees and five representatives of the employers. The Council elects as chairman a person who is not a member of the Council. The Department of Labor is divided into the following bureaus: Workmen’s Compensation (including State Insurance Fund), Legal, Industries and Immigration, Mediation and Arbitration, Statistics and Information, Employment, Industrial Code, Inspection, Women in Industry. The last Bureau was established by law during the legislative session of 1919, and the act included a provision requiring legislative sanction to new Bureaus in the Department. Previous to the passage of that act the Commission was empowered to establish such Bureaus as it found necessary. It is provided by law also that there shall be three Deputy Commissioners to be in charge of the Bureau of Inspection, the Workmen’s Compensa- tion Bureau and the Bureau of Mediation and Arbitration. These deputies receive an annual salary of $6,000. The Commission is author- ized also to appoint a Counsel at $7,000 and a Secretary at $6,000. The DEPARTMENT OF LABOR INDUSTRIAL COMMISSION TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919). 755 TOTAL COST OF PERSONAL SERVICE (1917-18) $1,001,870 00 TOTAL COST OF MAINTENANCE AND OPERATION (1917-18) 339,652 37 TOTAL COST OF DEPARTMENT (1917-18) $1,341,522 37 1918-19 T > . _— 5 TOTAL APPROPRIATION — PERSONAL SERVICE, INDUSTRIAL COUNCIL ADMINISTRATION EXCLUSIVE OF DEFICIENCIES $1,113,200 00 TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE To advise yi the eae e eee to See ne oe eee) and enforcement of the Labor OF DEFICIENCIES 354,180 00 a s, and to cooperat vit e Service i aw and to make, amend, and gre ariations ) 2S Coomausin pe questions of : personel or the ff cameras aaa ta 4 feealations bar exreging ‘tht Labor ee inte heel, a ee TOTAL APPROPRIATION — REPAIRS, CONSTRUCTION, Department 4 y the ernst aten and enforcement of the Workmen’s Compen- ETC., EXCLUSIVE OF DEFICIENCIES 5,000 00 4 s sxe j sation Law Rte en ean ete ee eens aa men ers oes GRAND TOTAL $1,472,380 00 -ador aw T y Members representing em ployecs(5) unpaid Workmen's Compensation Law-— Art. 4, 5 Members representing employers (5) unpaid LEGAL BUREAU Commissioners (5) each $8,000 | | Employees (30) 57,000 To advise the Department on legal mat- ters and to prosecute violations of the: Labor Law Labor Law—Sec. 49 Counsel (1) Pais ee dae eek STN Employees (16) 10 700 BUREAU OF EMPLOYMENT To maintain free labor exchanges and to bring together employers needing workers and jobless men Bureau of Industries and Immigration ; Bureaw of Mediation and Arbitration Bureau of Statistics and Information To protect immigrants from fraud and exploitation To prevent and settle industrial disputes. To collect, prepare, and publish statistics and , information concerning conditions of labor and industry and the work of the Department. and promote their assimilation, Labor Law— Secs. 41, 42, 140-148 Labor Law—Secs. 42, 66-66p Labor Law —Sec. 42, 62-65 és 55 Third Deputy Commissioner (1) $$ 000 Chief Investigator (1) $3,000 Employees (5) 12.000 9 Employees (19) 22,600 Chief Statistician (1) $4,000 Employees (40) 54,900 Director (1) Employees (54) 61,780 Workmen's Compensation Bureau BUREAU OF INDUSTRIAL CODE BUREAU OF INSPECTION To direct the administration of the Workmen’s To prepare rules and regulatiens comprising the To inspect conditions affecting employees in fac- Compensation Law. Industnal Code and amendinents thereto; to tories, mercantile establishments, mines, tunnels investigate applicaveas for Variations from the and other places of employment in order to carry Code, to approve fireproof and fire resisting mate- out the provisions of the Industrial Code and Labor rials and safety devices. Workmen’s Compensation Law—Art. 4, 5 Chap. 674, Acts of 1915 Labor Law— Secs. 41, 42 Brg oe = aoe i Labor Law Labor Law—Secs. 41, 42, 53-61 Second Deputy Commissioner (1) $6,000 a Employees (307) 376,400 i Deputy Commissioners (2) $3,500 First Deputy Commissioner (1) Employees (3) 3,240 Employees (248) 359,860 DerartMENT oF LaBor 115 Secretary is not only Secretary to the Industrial Commission, but is also Secretary to the Industrial Council and performs also the duties imposed upon him under the Workmen’s Compensation Law. Each Commissioner is assigned immediate supervision over certain Bureaus and Divisions of the Department. The most recent assignments are as follows: Chairman Mttchell_— Compensation, claims, awards, agreements and the bulletin. Commissioner Lyon.— State Fund, self-insurance, legal. Commissioner Lynch.— Inspections, printing, boilers and explo- sives, women in industry. Commissioner Sayer— Employment, accounts and payments, civil service investigations, industries and immigration. Commissioner Perkins.— Mediation and Arbitration, safety and sanitary devices, statistics and information, variations on new con- struction. Commissioners Sayer, Lynch, Perkins.— Industrial Code. The appointment of the Commission in 1915 was noteworthy in that it combined in one department all the functions of the state government so far as they affect industrial relations, labor standards and workmen’s compensation. It was also noteworthy because of the wide powers given the Commission in the interpretation of the Labor Law through the mak- ing of rules and regulations. However, this is characteristic of the general trend in other states. Wisconsin in 1911 established an Indus- trial Commission with powers similar to those granted in New York. Other states, notably Ohio and California, and later Pennsylvania, have done the same. This movement is due to a realization that the fixing of employment standards by statute is too inflexible, and that it is best done on the basis of current investigation by experts which provides a ready means of amendment and variation as conditions change. The combination of the administration of labor and workmen’s compensation laws makes possible the maximum degree of co-ordination of the two and the application of accident experience to preventive standards. The power conferred upon such a department is therefore very great and is usually thought to require a representation of various interests to be wisely administered. For this reason commissions of several heads have in several cases taken the place of single-headed departments. Proposed Organization of the Department of Labor Under the present organization the various members of the Commis- sion are spending a great deal of time in supervising the Bureaus to 116 Report oF RecoxstrucTieN COMMISSION which they have been assigned. This removes the Commissioners from the consideration of important. matters of policy and from judicial, quasi-judicial and legislative matters with which they should be pzi- marily concerned, such as compensation appeals and reviews, additions to and revisions of codes, granting variations and the settlement of industrial disputes. In the near future matters of health insurance and minimum wage policy and appeal. will probably be added. It is impossible for the Commissioners to keep in very close touch with the work of the Bureaus assigned to them. A recent investigation under the Moreland Act charges that bad conditions. in the State Insurance Fund were unknown to the supervising Commissioner and that this Commissioner could not have been familiar with them in the limited time at his disposal. Under this arrangement there is no one to hold the bureau heads respon- sible and to co-ordinate the work of the various bureaus and. bring them under a single admistrative head. It is apparent that at least the admin- istrative functions of the Commission should be concentrated in one per- son who can be held responsible for the proper co-ordination. and per- formance of work throughout the department. It has been suggested from time to time that general. administrative authority should be lodged in the Secretary of the Commission. There seems to. be little chance of producing results. by this means.. The Labor Law makes no provision for such leadership; in fact it clearly indicates that the Deputies. report: to the Commission ; and that each Commissioner is to be assigned to supervise certain Bureaus. The salary of the Secretary clearly indicates that he is not the superior of the bureau heads; the position. of secretary is exempt by civil service law in every department and is regarded almost universally as limited in term and secretarial rather than. executive in nature. A Seeretary of unusual diplomacy might. help to co-ordinate the administrative activities: of the Depart ment but could not act as an administrator without constant friction and misunderstandings with both bureau heads and the Commission. Jn addition to all of these arguments against an attempt to make the Secre- tary the administrative head of the Commission, it should be noted that there. is need of a Secretary to give all his time to office management and.to. preparing the calendar and business for the Commission, recording and classifying decisions and mn general acting in a secretarial capacity.. Another possible solution of the administrative problem in the Com- mission would be to reduce the number of Commissioners from five to one as was done recently with respect to the regulatory functions in the Publie Service Commission for the First. District. There are, however, a number of considerations which seem to make this undesirable and. DEPARTMENT oF Laror 117 which distinguish the problem in this department from the regulatory public utilities problem. The quasi-legislative and judicial functions of the Labor Department are more extensive and more varied and less sub- ject to appeal, and affect the average citizen more closely than the similar functions of the Public Service ‘Commission. The exercise of these functions in the Labor Department by a single individual would involve an experiment which past experience in this and other states hardly seems to warrant. With the removal of rapid transit construction work from the regulatory work of the First District Public Service Commis- sion, the administrative work of the Commission is not at all comparable with the administrative work of the Labor Department. It is teresting to note the way in which this problem has been met in other states which have undertaken administrative reorganization and consolidation.* In general these states have sought to combine a single administrative head with a board for judicial and legislative work. Mlinois has a Director of Labor with two Deputies who have no adminis- trative functions and who with the Director constitute a board to hear appeals, make and change rules, etc. Massachusetts has recently adopted a new plan with a Commissioner of Labor and three Associate Commissioners appointed by the Governor, the latter exercising minimum ‘wage, conciliation and other judicial functions. Apparently, the solution of the organization problem in the Labor Department is to have a single Director responsible for all adminis- trative work, with a Commission of several members who will be able to devote the greater part of their time to questions of quasi-judicial and quasi-legislative problems, and matters of policy. Experience every- where indicates that a commission should be as small as possible. On this assumption there seems no reason why the present Industrial Com- mission should consist of more than three members. On the other hand a reduction in the present membership of the Commission would be extremely difficult if the proper representation is to be secured. It is therefore recommended that a commission of five be retained. The question of the relation of this Commission to the Director is very important. There are three possible relations: (1) To place the Director under the Board of Commissioners as an appointee of the Board responsible to it for all administration; (2) to have the Director appointed by and responsible to the Governor for the administration of the Department, and to associate with the Director a Board of Commis- *See Part III. See also Reports of Hfficiency and Economy Commission, Illinois, 1915, pp. 487-590. 118 Revort or Reconstruction Commission sioners appointed by and responsible to the Governor for determination of quasi-judicial and quasi-legislative matters; (3) the same as (2), excepting that the Director would be an ex-officio member of the board, thus closely relating the administrative and other functions. On the whole, the second or third plan seems to us to be the better from the standpoint of organization. It recognizes the fundamental facts that administrative responsibility should be centralized, that there are quasi-judicial and quasi-legislative functions for which a board is preferable to a single individual, and that these two functions, namely, those of the administrator and those of the board, should be closely related. On the other hand there are strong arguments in favor of the first plan. The social and industrial program of the State centers in this Department more than in any other. Great powers are vested in the Department now and new functions are being added to it, or proposed, such as supervision of health insurance and minimum wage fixations or agreements. The masses especially in the cities, have a closer contact with the state government through this Department than through any other. A Director independent of the Commission whose decisions on administrative questions would not be subject to appeal might easily give the impression of arbitrary authority. Again any action which would appear to remove or sidetrack commissioners in whom the public had developed confidence would be ill-timed. Here, as in the case of reducing the number of commissioners, it seems best to postpone but not to abandon the ideal plan. The retention of the five commissioners at the head of the Department with a Director appointed by them to conduct the entire administration seems to be the best plan at this time. It is at least a long step in the right direction. The following detailed organization is therefore recommended: The Commissioners will choose a Secretary whose duties will be to prepare the calendar for their meetings, to perform the general office and secretarial work of the Department, and to serve as Secretary to the Industrial Council. The present Counsel and his staff will be transferred to the Attorney- General’s office, in accordance with the recommendation in Chapter 4 of Part II if the Attorney-General is made an appointive officer. All other employees of the Department, excepting private secretaries to the Commissioners will be appointed by the Director subject to civil service rules and to the approval of the Commission. The Industrial Council has not achieved the results which were hoped for originally. The members of the Council are appointed by the DeEpParTMENT oF Lapor 119 Governor but not for specific terms. A term of five years is recommended, two terms expiring each year. The Chairman of the Council who is chosen by the Council is at present one of the commissioners — obviously a bad arrangement. It is recom- mended that it be specifically provided that no member of the Com- mission be eligible for the position of Chairman. It is also recommended that the membership of the Council be made more truly representative of the big industries, especially those in New York City. It is obvious that there is a real field of activity which can only be filled by such a body as recent English experience with industrial councils testifies. The Indus- trial Council will also be given the task of establishing in the important industries of the State, sub-councils of employers and employees to whom the Council and the Commission may go for consultation on matters affecting the industries of the State. This will tend to remove many existing causes for dispute, which at the present time are not dealt with by any agency, and it will also create representative groups to which the Commission might turn for advice and cooperation. Not only has this policy been successfully adopted in England by the Ministry of Labor, but also by the federal government in establishing such agencies as the Emergency Construction Commission, the Metal Trades Board, the Building Trades Board, the Shipbuilding Labor Adjustment Board, the Harness and Saddlery Commission, and similar boards. The Director will be responsible for the entire administration of the Department. The Department will be organized with a staff and the following bureaus: Industrial Staff, Bureau of Administration, Bureau of Employment, Burau of Statistics and Information, Bureau of Inspection, Bureau of Mediation and Arbitration, Bureau of Workmen’s Compensation, Bureau of State Insurance Fund. The head of the Industrial Staff will be the Chief of Industrial Staff. The head of the Bureau of Administration will be the Secretary of the Department. The head of the Bureau of Employment will be the Chief of the Bureau of Employment. The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will be the Chief of the Bureau of Inspection. The head of the Bureau of Mediation and Arbitration will be the Chief of the Bureau of Media- tion and Arbitration. The head of the Bureau of Workmen’s Compen- sation will be the Chief of the Bureau of Compensation. His immediate 120 Report or ReconstrucTion ComMMIssIon assistants will be known as Deputy Compensation Commissioners, The head of the State Insurance Fund will be the Manager of the State Insurance Fund. It will be noted that it is proposed to transfer the functions of the Bureau of Industries and Immigration to other agencies. The law which established the Commission gave wide powers and duties to the Bureau of Industries and Immigration. It states, for example, that the Bureau has the following duty: “To devise methods for the proper instruction of aliens and minor aliens . . . and may establish and supervise classes and otherwise further their instruction.” This is an obvious duty of the State Department of Education, which is equipped to deal with such matters, where the Industrial Commis- sion is not. These duties should therefore be transferred to the Depart- ment of Education and this is recommended in that part of this report which deals with the Department of Education. The protection of aliens from exploitation is also an educational function when it is not simply a police problem. Origmally created at the peak of the immigration curve, the staff of this bureau and its functions have gradually been cut down until at the present time there are only twenty employees. The work of this Bureau is now largely given over to routine ‘inspections of immigrant lodging houses and labor camps. The local ‘health and police department and the State Health Department and other bureaus of the Labor Department are capable of discharging these duties very much better than this bureau. It is apparent that the Labor Department has neither the staff nor the funds for a really comprehensive program for the assimilation of immigrants and the establishment of proper protective measures for them, assuming that Congress will not place general restric- tions on immigration. A large appropriation has been made available for immigration and Americanization work by the Department of Education. A broad pro- gram for this work is already being undertaken. There is, therefore, no” need of a Bureau of Industries and Immigration. The Division of Industrial Hygiene in the Bureau of Inspections will be combined with the Bureau of Industrial Code in a single staff agency under the Director, to be known as the Industrial Staff, under a com- petent chief of staff with a group of expert advisers. Those who are working in the field of industrial hygiene should be in close co-operation with the officials charged with framing the code which embodies standards of industrial hygiene. Both are staff functions and can readily be com- bined under one head. ‘Research work in these matters is valueless unless the results are applied at first hand to the rules which the Com- mission frames for the protection of health and safety. The Director will DerarRTMENT oF Lazor 121 refer all recommendations of this staff with his comments to the Com- missiow Which will act as a body. The: Bureau. of Administration will be in charge of all secretarial work, office management, financial, personnel, purchasing and reports of the. department. On March 21st last the Reconstruction Commission submitted to the Governor a report, recommending that he urge upon ihe Legislature the allowance of an additional appropriation for the State Bureau of Employ- ment for the ensuing fiscal year with a provision for the acceptance by the state of a federal subsidy if the next Congress should make such a subsidy available. An additional appropriation on substantially this basis was made by the Legislature. The amount now available will enable the State Industrial Com- mission to place the service for the first time upon a basis in some degree commensurate with the size of the problem to be solved. On August 1, the Bureau had in operation six offices. in New York city and twelve up-state. The operation of the private employment agencies should receive a far more vigorous supervision on the part of the State than now obtains. Under existing law,* an employment agency is not required by the State to- obtain a license, but cities of the first and second classes are permitted to require a license and to impose a fee of not more than $25 in con- nection therewith. All employment agencies in the State, regardless of their location, should be licensed and should be required to sign a penal bond, the license to be for a short period of time and to embody pro- vision for the revocation or non-renewal of the license in the event of improper conduct on the part of the licensee. The Industrial Commis- sion drew up proposals for a bill to be introduced in the last Legislature + requiring all employment agencies in the State to be licensed by the Industrial Commission, and to pay a fee of $250. The proposed bill should be modificd so as to provide that first class cities shall collect the license fees, returning half the fees to the State. There should also ke a provision that in all first and second class cities information and reports. on standard forms should be submitted by the local licensing authority to the State Industrial Commission. It would also be desir- able to strengthen the present law so as to provide that the books of private exchanges should be open to audit: by the State Industrial Com- mission as. well as by first and second class cities: * General Business Law, section 170. + Im addition, a. bill. (see Assembly. Bill 412) was. introduced’ by Mr. Youker January 31, 1919, providing that in all cities of the first and second class employment agencies stall pay: a. fee: of: $250 to the Mayor, or Commissioner of Licenses. This applies only to cities of the first and second classes. 122 Report oF Reconstruction CoMMISsIoN As there are 672 private employment agencies in New York City and 71 licensed agencies up-state and a considerable number of unlicensed agencies, the returns in revenue to the State and the localities will be considerable. In connection with the development of the state employment service and the control and gradual supplanting of most of the private employ- ment agencies there are a number of important problems, which the Bureau of Employment should study with a view to development of a definite program: The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. Directing labor to new occupations when changes of industrial structure result in displacement from chosen occupations. Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. Concentrating attention upon the need for industrial training, including “vestibule” or preliminary training where such training does not lead to “blind alley” employment, training in plants to increase efficiency while gainfully employed, and training in trade and business schools. This should be done with the state and local departments of education and with private educational institutions. Directing boys and girls away from “blind alley” employment. Testing periodically and comprehensively the amount of unem- ployment. This should be done by the Bureau of Employment co-operating with the Bureau of Statistics. No change is recommended in the organization of the Bureau of Statis- tics and Information. It is recommended, however, that the necessary funds be made available so that current reports on unemployment, wages and the cost of living be expanded and may be prepared and issued more expeditiously. There has been considerable criticism of the reports on the amount of employment because these appeared several weeks after the end of the month which they were supposed to cover and because they did not cover a sufficient number of employees to indicate the extent or trend of unemployment during the war. Closer co-operation between the Bureau of Statistics and the Bureau of Employment and the placing of statistical field agents in the local offices of the latter Bureau will produce informa- tion which will greatly increase the value of the present bulletins. The recommendations made in the report of the American Association for Labor Legislation in 1917 on Labor Law Administration in New York, DeEparTMENT OF LaBor 123 apply substantially to the conditions regarding the Bureau of Inspection as they exist to-day. Their recommendations have not yet been carried into effect. It is also recommended that the present Bureau of Women in Industry be made a part of the Industrial Staff. There is no reason for a separate Bureau of Women in Industry. The bureau organization is on the basis of major functions, Problems affecting women are dealt with by every bureau. Insofar as special planning is required for the pro tection of women in industries this should be a duty of the Industrial Staff. Recommendations of this Staff regarding the employment of women should be made to the Director and the Commission, and should be the basis of code provisions and administration by the several bureau heads. The creation by law of new bureaus when the same purpose would be better served by the extension of existing functions brings about within a department loose organization, overlapping of functions and improper supervision and responsibility. The creation of such new bureaus is generally due to private citizens or agencies who have a laudable desire to extend the functions of a department and who think that the best way to make the extension and to obtain the desired emphasis is to create a new unit. As a matter of fact, this kind of action is bound to result, in the long run, in defeating the desired ends, since the simplest possible organization produces the best results. The Bureau of Mediation and Arbitration has not dealt effectively with the problem of mediation and arbitration. Experience everywhere shows that it is impossible to get the proper results by the use of professional paid arbitrators. These positions call for a fresh point of view and a rare combination of industrial knowledge, forceful personality and tact. They can be filled only by calling occasionally upon persons in public life not regularly connected with the department. The Bureau has taken comparatively little part in recent large industrial disputes. The ma- jority of large employers, particularly those in New York city, are not aware of its existence. The same is true of the majority of trade unions. The Bureau is not even in sufficiently close touch with indus- trial disputes to have a register and current report on threatened strikes throughout the state. During the war, the agents of the United States Employment Service have issued such a report in connection with their reports on employment. Tt is recommended that there be a single head of this Bureau with head- quarters in New York City and Albany who will be known as the Chief of the Bureau of Mediation and Arbitration. He will have a panel of prominent persons appointed by the Commission who have the respect of labor, employers and the general public and who will agree to 124 Revort oF REcoNsTRUCTION COMMISSION mediate and arbitrate occasionally when called upon. This panel will consist of about twenty persons located in all parts of the State. In addi- tion the Bureau will have such assistants as are required to make investi- gations and gather statistics. The most important problem of organization in connection with: the Bureau of Workmen’s Compensation is that of devising a procedure hy which the Chief of the Bureau and his immediate Deputies will dispose of the majority of cases, limiting reviews by and appeals to the Commission to. intricate cases or eases calling for new interpretations of the law. At the present time there are entirely too many cases coming before the Commuis- sion. A great deal of time of the Commission apparently is wasted in discussing at length the facts of cases which could be decided in a fair and satisfactory manner by Deputies. With the natural increase in the num- ber of compensation cases and the recent change in the law, practically eliminating direct settlements and bringing all cases initially before the Department, the Commission is going to fall farther and farther behind in its work until delays and postponements, similar to those: im some of our courts are an accepted defect in the judicial procedure. A careful codification of the decisions. of the Workmen’s Compensation Bureau which should be prepared by the head of the Bureau of Work- men’s Compensation will do much to expedite: decisions. At the present time the Commission does not follow up the compensation cases sufficiently. It is probable that a considerable saving could be effected, as well as better service rendered, if use were made of a medical social service staff in order to follow up cases, determine the family status of the injured person, the amount of relief necessary, the possibilities of re-education and the reemployment of injured persons; and problems of proper institutional care. This is in line with present hospital and: dispensary service. A recent preliminary report of the More- land investigator on direct settlement cases indicates the need for some after-care work of this kind. The State Insurance Fund ' will be placed in a bureau separate from the Bureau of Workmen’s Compensation. It is now nominally under the Bureau of Workmen’s Compensation. A recent report of the Moreland investigator indicates that this fund should be entirely reorganized under a competent manager: and under eareful supervision of the Director of Labor. The Moreland investigator recommends an audit of the fund by a competent actuarial accountant. It would seem that this work could be done regularly by the State Insur- ance Department. The report of the Moreland investigator indicates DeparTMent oF Laspor 125 clearly the defects in the present organization of the entire Commission. Apparently the Commissioner to whom the manager of the fund reported was not in close touch with the management of the fund. Nor of course were the other members of the Commission who were occupied with the affairs of other Bureaus and with the judicial and legislative work of the Commission. At the same time, the Manager of the Fund apparently cannot be held responsible because he obtained the consent of the Commis- sioner to whom he reported or the entire Commission whenever such con- sent was necessary. It seems probable that the Commission gave its con- sent without careful consideration of the real significance of the points under discussion. Under such a system of board government administra- tive efficiency is impossible and when anything goes wrong no one can be held responsible. Bills were introduced in the last session of the Legislature providing for a Minimum Wage Commission as a new and independent department. Like the supervision of public health insurance this is properly a function of the Labor Department, closely related to other functions of this depart- ment, and if approved by the Governor and Legislature should be admin- istered in a Bureau of Minimum Wage in the Labor Department. Every argument against the creation of a new department arbitrarily separated from existing closely related activities which has been used against the Department of Narcotic Drug Control applies with even greater force against the creation of a new Minimum Wage Commission. It is useless to attempt to simplify the present chaos of separate state departments and agencies if new and unnecessary departments are to continue to be created. Summary of Recommendations 1. Place at the head of the Department of Labor an Industrial Commission consisting of five members appointed by the Governor with the advice and consent of the Senate for terms of five years. 2. The Industrial Commission will appoint a Director of Labor who shall be the administrative head of the Department and serve during good behavior. 3. The Commission will also appoint a Secretary, who will pre pare the calendar for the Commission, do the general administrative and secretarial work of the Commission and serve as Secretary to the Industrial Council. 4, The present counsel and his assistants will be transferred to the Attorney-General’s office if the Attorney-General is made appointive. 5. The Industrial Council will be reorganized under a Chairman who by specific provision may not be a member of the Commission 126 Report or Reconstruction ComMMIssion and will establish in the important industries of the State representa- tive sub-councils of employers and employees for the discussion and action upon common problems of industry and for consultation by the Commission and the Industrial Council. The ten members of the Council will be appointed by the Governor for terms of five years, two terms ending each year. The Chairman will continue to be chosen by vote of the members of the Council and will hold office at the pleasure of the Council. 6. The Department will be organized with a staff and seven bureaus, as follows: Industrial Staff, Bureau of Administration, Bureau of Employment, Bureau of Statistics and Information, Bureau of Inspection, Bureau of Mediation and Arbitration, Bureau of Workmen’s Compensation, Bureau of the State Insurance Fund.. The head of the Bureau of Administration will be the Secre- tary of the Department. The head of the Industrial Staff will be the Chief of the Industrial Staff. The head of the Bureau of Employment will be the Chief of the Bureau of Employment. The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will be the Chief of the Bureau of Inspection. The head of the Bureau of Mediation and Arbitration will be the Chief of the Bureau of Mediation and Arbitration. The head of the Bureau of Workmen’s Compensation will be the Chief of the Bureau of Workmen’s Compensation. His depu- ties will be known as Deputy Commissioners of Compensation. The head of the Bureau of the State Insurance Fund will be the Manager of the State Insurance Fund. The heads of all of these bureaus will be in the competitive class under civil service, excepting the Secretary. 7. The duties of the present Bureau of Industries and Immigra- tion with reference to the education of aliens, will be transferred to the Department of Education. The other functions of this Bureau will be transferred to the State and local health and police departments. DEparTMENT oF Lazor 127 8. The present Division of Industrial Hygiene in the Bureau of Inspection will be combined with the Bureau of Industrial Code and the Bureau of Women in Industry in a single Industrial Staff. 9. In connection with the development of the Bureau of Employ- ment, a bill will be passed providing that all private employment agencies in the State shall be licensed and shall pay a fee of $250. The Industrial Commission will license everywhere in first and second class cities. Half the fees of such cities and all of the fees elsewhere will go to the State Industrial Commission for the support of the Bureau of Employment. The Bureau of Employment will develop a program including the following subjects: (1) The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. (2) Directing labor to new occupations when changes of industrial structure result in displacement from chosen occu- pations. (3) Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. (4) Concentrating attention upon the need for industrial training, including “vestibule” or preliminary training, where such training does not lead to “blind alley” employment, train- ing in plants to increase efficiency while gainfully employed, and training in trade and business schools. This should be done with the state and local departments of education and with private educational institutions. (5) Directing boys and girls away from “ blind alley ” em- ployment. (6) Testing periodically and comprehensively the amount of unemployment. This should be done by the Bureau of Employment in co-operation with the Bureau of Statistics and Information. (7) In cases of seasonal employment or depression, urging employers to shorten hours rather than discharge employees. 10. The Bureau of Statistics and Information will co-operate with the Bureau of Employment in the issuance of employment statistics covering the largest possible number of employees and in the prepara- tion of statistics on wages and the cost of living. The funds of the Bureau of Statistics for this and other purposes will be increased and statistical field agents will be provided. 128 Rrrort oF Reconstruction -ComMMIssion 11. The Bureau of Mediation and Arbitration will take a larger part in settling industrial disputes. It will be organized under a ‘Chief who will have a panel of twenty representative citizens who will act as mediators and arbitrators when called upon, and such assistants as are required to make investigations and gather statistics, 12. The work of the Bureau of Workmen’s ‘Compensation will be so arranged as to limit drastically the number of reviews by and appeals to the Commission. A careful codification will be made of the decisions of this Bureau. A medical social service staff will be created in this Bureau to follow up cases. 13. The State Insurance Fund will be placed in a Bureau separate from the Bureau of Workmen’s Compensation and immediately under the Director. An annual audit of the fund will be made by the Superintendent of State Insurance. 14, If minimum wage or health insurance legislation is passed, the administration will be provided for im new bureaus under the Director of Labor, and not in independent new departments. 15. The above recommendations will require only statutory changes. oie oe Proposed Organization of Labor Department LABOR DEPARTMENT : Industrial Council members (10) Industrial Commission and Chairman | Industrial Staff es BUREAU OF -BUREAU OF BUREAU OF BUREAU _OF EMPLOYMENT’ STATISTICS INSPECTION MEDIATION AND IN- AND ARBI- FORMATION TRATION \ Chief ( ‘Chief Chief Chief and Statistician Panel of 20 l oe BUREAU OF BUREAU OF BUREAU _OF , ‘WORKMEN'S » ADMINIS- STATE COM- ‘TRATION INSURANCE , PENSATION 5 FUND | Chief | Secretary i Manager | Tas DeparTMENT or EpucatTion 129 CHAPTER 10.— THE DEPARTMENT OF EDUCATION Present Organization The State Department of Education is charged with the general man- agement and supervision of the public schools and all other educational work of the State. Its jurisdiction extends to the district, village and city schools, to normal schools, teachers’ training schools, colleges and univer- sities, to professional and technical schools, libraries, museums, study clubs, historical societies and other institutions of an educational character. It supervises the licensing to practice the professions of medicine, public accounting, dentistry, pharmacy, optometry, chemistry, and veterinary medicine, and also supervises the certification of shorthand reporters and the training of nurses. As the University of the State of New York, it may incorporate any university, college, academy, library, museum or other institution or association for the promotion of knowledge. The department inspects educational institutions, licenses teachers, establishes uniform standards for public schools, maintains the State Library, the State Museum, the State Library School, and apportions to the schools according to statute, the appropriation annually made by the Legislature. The Board of Regents of the University of the State of New York are elected by joint ballot of the Legislature, one regent being elected each year for a term of twelve years. There is one regent from each judicial district and three at large, making a board of twelve members. The Board of Regents was created in 1784 with the same rights as the Board of Governors of Kings College in the province of New York appointed by King George II. in 1754. In 1894, the following was incorporated in the New York State constitution: “The corporation created in the year 1784 under the name of the Regents of the University of New York State is hereby continued under the name of the University of the State of New York. It shall be governed and its corporate powers which may be increased, modi- fied or diminished by the Legislature, shall be exercised by not less than nine regents.” The Constitution thus provides for a board of not less than nine regents, but it does not specify how they are to be appointed. The Legislature has up to the present time left intact the original powers as they were set forth in 1754, with few changes. The Board of Regents administers and supervises the entire educational system of the State, with certain quasi-judicial and legislative rights in the making of rules and policies. 5 130 Report oF Reconstruction ComMIssIon The Board of Regents appoints the Commissioner of Education, who is also the President of the University of the State of New York. He serves during their pleasure. He exercises joint legislative and super- visory powers over the state educational system; he approves the appointment of officers and employees of the department; he supervises the licensing and practising of the professions, except law; he grants charters; he confers degrees; he determines educational standards; and he registers foreign institutions to facilitate the transfer of students, The Commissioner of Education is the chief executive officer of the University of the State of New York and of the State Education Depart- ment. He executes the laws of the State with reference to education and also the rules and regulations of the Board of Regents. He hears and determines appeal cases and supervises all school activities. Under the Commissioner of Education are grouped the following assist- ants and divisions: Deputy Commissioner, who is also Assistant Commissioner for Ele mentary Education. Assistant Commissioner for Secondary Education. Assistant Commissioner for Higher Education. State Library. Division of Archives and History. Administration Division. Law Division. Examinations and Inspections Division. State Museum. Division of School Buildings and Grounds. Attendance Division. Division of Agriculture and Industrial Education. School Libraries Division. Visual Instruction Division. The Deputy Commissioner who is also the Assistant Commissioner for Elementary Education, serves as head of the department in the absence of the Commissioner. He has supervision of elementary education, district schools, normal schools (except the State College for Teachers), agricul- _tural schools, Indian schools, district school superintendents, city and vil- lage superintendents, the medical inspection of schools and physical train- ing; he also looks after all educational legislation and acts in an advisory capacity to all school authorities throughout the State. By an act of the Legislature of 1919 the State School for the Blind at Batavia which here- tofore has been under the State Board of Charities is placed under the Department of Education and now is also under his jurisdiction. To “provide for th to “elect on joint fudielal districts Con.laws, Cnep. 16 LAW _D\ To act as counse] to Regents Commissioner of Education anc To prepares appeals for submis To advise as to form and defe introduced in legislature, t DIVISION OF ARCHIVES AND HISTORY ADMINISTRATION DIVISION To collect, collate, compile, edit and prepare for Publication all official records, memoranda, statistics and data relative to the history of the colony and state of New York- To havea cherge of the STATE LIBRARY To be responsible for state library, containing 400,000 volumes, and consisting of medical, law, blind referenco, manuscript and legislative libraries which are free for reference use,and for lending to state employees, and all schools and libraries in the state. To have charge of management of department and matters of finance, printing, statistics and care of building and general supervision of department staff. To negotiate with Civil Service relative to appoint- examining and of the condition of records and docu- ments and proaotions and to purchase department SS ees SS eS eee SS Se eS Se ee Se ments filed or recorded in the several pudlic offices supplies and equipment. on legal questions arising ur Educatjon Law, Sec. 53 and 1110-1126. of counties, cities, towns and villages of the state, - advise school officera on pri Regents Rules, Sec. 3 subdiv. dy and to recommend proper care and preservation of the Education Law, Secs 21,00 ee ee ee ee ee ee Regents Rule, Sec. 3, Subddiv. d. Education Law, Sec. 21; Art- Director -1- 4,750 Regents Rules, Sec. 3, subd! ~—B2- 7 Other employees 82 17,060 Chier -1- 44,000 aaa =: Other employses -18- 16,360 Other employees -3- EDUCATIONAL EXTENSION DIVISION To form and supervise public libraries, to rent travelling libraries and to ald end encourage Study clubs and special Students. STATE LIBRARY SCHOOL To maintain a school for training librarians and to confer degrees of bachelor end master of literary science: FINANCE SECTION To audit the department bilis and Normal, Agricultural and Indian School bills and salaries and travelling ex- penses of 207 district superinterdents, TATISTICS SECTION To collect annual reports from schools, colleges and inetitutions in the Univer- eity and to apportion public money to State schools (approximating $7,000,000) ENGINEERING SECTION To care for Education Build ng - plumbd- Ing, heating, ventilating and electrical apparatus, elevator and grounds. PRINTING To edit, read procf,a partment printing ($8 Education Law, Sec. 2 Education Law, Sec. 1132 eggregating 2,548,038.15. lie. Education Law, Sec. 21, 52 and 1117-1134 Regents Rules, Sec. 3, subdiv. da. ttt rte tr re re ee eee eee Educetion Law, Art. XVIII, Sec. 58, 98, Regents Rule, Sec. 3 subdiv d- a ee ee 2S 276, 322, 395, subdiv. 14 Vice-Director <= S«N, 60 Regents Rules, Sec. 3, subddiv. d. Editor -1 Chief =1= $3,000 Other employees 4- 3,900 Auditor -1- Other employees -87- Other employees -6 Other employes -17- 16,000. Other employees -7- Head Clerk Other employees SCAOOLS INDIAN SCHOOLS OF AGRICUL 4) z= w e w zm 6 af ou = d < o& > 2 us z oo: NAME OF EQ “Oo n=) Ia, INSTITUTION Sm << ae a = rE é i = a =5 [Se Be | es To supervise, conduct and be responsible forthe There are 7 reservations with 335 There ara in the State of New York There are 59 city and 43 village ALFRED | 149,019 | 2,700] 15 | 14.4 medical examination of schoo! children jhe sanif schools in which there are employed 207 District Superintendents who superintendents of schools who COBLESKILL ary mspection of school buildings and the mam- 38 teachers who receive from the receive from the state through the have general supervision over the 131,645 2 806 10 12,9 Tawung of health standards. state through the University of the University of the State of New York schools of these cities and DELHI 89,696 2,700 13,9) $309,231. villages, report to the Departmen’ of Education and receive from the State through the University of State of New York, $17,145. Public Health Law ch.49; Education Law FARMINGDALE 750 ,000 MORRISVILLE 127,433 ST LAWRENCE (CANTON) TOTALS art 28, Laws 1916, ch.442. the State of New York, §800. each out of the appropriation for the support of common schools toward their salary. “Does not include temporary employees “"Also residence and part of maintenance The Education Department has the approval of expenditures for personal service and maintenance and operation of the State Schools of Agriculture. It approves courses of study but has nothing to do with buildings and groundsy nor with the appointments of teachers and ewploysss. To “provide for the maintenance and support of the system of free common schools, wherein al} the children of this State may be educated”, Const-Art IX, Sec. 1.; 6 to "elect on joint ballot of the both houses", one regent annually so that "the membership of tho board ehall at ad) times be three more than tha then existing Judicial districts of the Stute” and so that * the term of one regent will expire in each year on the first day of April” ().e. twelve members for twelve years each) Con.Laws, Cheap. 16, Ed- Law, Art IIT, Sec. 41. e BOARD OF REGENTS To elect the Commissioner of Education,(to serve during their pleasure), to exercise general legislative and supervisory powsrs over the State educational system , to approve the appointment of officers and employees of the department, to supervise the licensing and practicing of the professions, except law, to grant charters, confer degrees, determine educational standard,end register foreign in- stitutions. Const. Art IX, Sec. 2, Eds Law, Arts. Il and II!. = Board of Rogents -- -12- No Compensation COMMISSIONER OF EDVCATION To be the chief executive officer of the University of the State of New York and the State Education Department, to execute the laws of the State and the rules and Tegu- lations of the Board of Regents, to hear and determine appeal casep,and to supervise 411 school ectivies. Education Law Art. Il, IV, and XXXIV, Regents Ru) Sec. 3 Commissioner of Education -1- $ 10,000. Other Exployees -3- 4,600. ASSISTANT COMMISSIONER FOR SECONDARY EDVCATION To have charge of tne secordary achoole; to have general supervision of state scholarships, and the training of teachers for high school in the normal college. DEPVTY COMMISSIONER AND ASSISTANT COMMISSIONER FOR ELEMENTARY EDUCATION To act for the Commissioner in his absence; to have direct charge of elementary education, medical inspection of schools, physical training and general supervision of To act as counsel to Regents of University, to Commissioner of Education and to department divisions To prepars appeals for submission to commissioner. To advise as to form and defect of educational bills To be responsible for academien professional, teachers and Comell Scholarship examinations; to keep records, issue credentials,and handle all correspondence relating thereto; to inspect all educational institutions in the introduced in legislature, to conduct correspondence district superintendents, normal schoole and agricultural] §# |---+---------+-+--+2---+--+---.2-- State,and make special school surveys; to serve asa on legal questions arising undor education law,and to schools; to look after all educational legislation,and Education Law, Sec. member of the staff on syllabus and question committees. advise school officers on procedure. act in an advisory capecity to all school authorities Repents:Rulee-. Secs 3 ee ee ee ee eave Se see ed ee aie ee Scenes tt rt tt tt rr te tt ret et er te te ee throughout the State. Aecistant Commissioner for Secondary Education Education Law, Sec. 21, 58, 70 - 77, 94 subdiv. 2, 552 Education Law, Sec. 21, Art- AXALY. BP YRS RN RE See el eyes) Ss Be SE Tae EN VEE RS, date Re oa ce ea eS ee oe -l- 45,000 and 1037. Regents Rules, Sec. 3, suddiv. d- Education Law, Sec. 22 and 23. Other Employees <3- 2,220 Regents Rules, Sec. 3 subdiv. d. Regents Rules, Sec. 3. Counsel -1- (4, 500 Deputy Commissioner end Asst. Commissioner in Chief 1+ Other employees -3- 3,940 Elementary Education -l- $6,000 Other employees -T- Other employees -15- 21.070 PRINTING SECTION ng - plumbd- To edit, read procf,and supervise de- d electrical partment printing ($85,000 per year). INSPECTIONS SECTION To inspect all schools connected with the University for the purpose of advising principals and teachers as to the best methods of tnstruction,and determine whether they are complying with the school laws and EXAMINATIONS — & To have charge of formulating tl conducting Regents examinations, tlons and exeminations for stat Education Law, Sec. 26, 54 subdiv 9, 94, Corne)l University, end keeping | 1116. department regulation; to serve on board for formu- dentiale {issued as a result of lating examination question papers,and heve general to determine candidates eligible eiiees oe Supery is ton ene rene of Snese! Pepers foe pS Vnivenatty echolarships: Other employees -6- Education Law, Sec. 58 and 94 subdiv. 2 Yducation Law, + 21, 47, 51, 1037. Aesistant -1- $3,000 Regents Rules, Sec. 3 subdiv &. Other employees -13- 31,790 Assistant “As Other employes -56- OLS OF AGRICULTURE STATE CORLEGE: FOR TEACHERS AND NORMAL, SCHOOLS a 4 4 TOTAL SALARIES NUMBER OF SALARIES OF TOTAL NORMAL PUPILS TOTAL Puriis Zz w 9 ies “ a af OPERTY PRINCIPAL TE ACKERS OF TEACHERS OTHER EMPLOYEES |OTHER EMPLOYEES EXPENDITURE TOTAL APPROPRIATIONS 1917-18. 1917-18 Ss y 6 ‘ay 5 a e ox O Q a os Jury b i912 iSig> 6 1918-19 1916-19, \918-19 1918-19 217-16 1917-18 1918-19 5 On| “al 222 [VE rele STATE COLLEGE FORTEACHERS| 509,000 _| R 119,110 18,380 144,374.11 145, 608 174,710 806 EO jeo7 Mer] 725 [EH Ay a6 Ea 7 iF t, ri 74,778.00 TOTAL APPROPRIATION-CONSTROCTION & rE?kl BS-DICLUSIE Of DETICIENCIES (1918-19 6.32500 eae ary eee Pie as EARN O DTA EATS = FET, ETIC Sop aRE OR. Tot RT LEC TOTAL APPROPRIATION-TOR DEPARTMENT -LACLUSIVE OF DEFICIENCIES (1918-9) *8,412,986.00 Total 315,787.93 4. State Ald to Schools and Libraries 7,061,449.75 5. Teachers Annuities 23,000.00 6- State Scholarships 273 ,247.C0 7. Total Expenditures Normal College and ten Normal Schools (Personal service, zaintenance and operation) 721,077.71 i 8. Total Expenditures, Agricultural Schools 2 = ar = = (Personal service, Maintenance and Operation) 263,955.44 ASSISTANT IN HIGHER EDUCATION 9. Total Expenditures of Personal Service is the To supervise al] higher and professional education, end Salaries District Superintendents 309,031.33 ior, to do to be responsible for the issuing of credentials for se 7 x entrance to the study for the professions,and to super- 10. Temporery Services for Professional Boarda 34,375.00 vise all the examinations for licensing to the pro- The following income ie derived from permanent funds and from tuition and cther foes, fessions, except law. but is turned over to the Comptroller and 16 ‘not expended without an appropriation from the Legislature. Education Law, Secs. 23, 51; Public Health Law, Arts. 1. Income from free school fund, United States Deposit fund and tha VIIL - XIII, and XV; Goneral Business Law, Arts. Vila Literature funds. ..cssecsseoeees Siete Gia sintaie pimaters ere eewtats tr ererwoowen $358,678.23 and Secs. 20-62, Art. Villa; Regents Rules, Sec. 3a These funds are handled entirely ty the Comptroller and the inccze is included in the appropriation for the support of commen schools. Assistant Commissioner for Higher Ed. -1- $5,000. 2. Tuition and other receipts from various Normal Schoole.....seeeee 18,857.52 Other Employees 1 7,180. 3. Receipta from Agricultural Schools..... iss xiaheideceea can tse Aue aer gnats woaees ‘ 74,091.96 are examination questions and rate papsrs for dental licenses; to sign enses issued, to collect evidence ations of dental lew; to hear and ne charges for revocation of 3 rege annually all licensed To prepare questions end rate answer papers of applicants for licenses to practise medicine, ostecpathy and chirop- ody. With the President of the University to eign licenses tasuedy” o hear and de- termine chargea against violators of the medical practica act. To prepare examination questions and rate answer papors of candidates for pharmacy and druggist license, to eign ell licenses iosued, to hear violations and collect evidence for prosecution of violators, annually register licensed pharmacies and collect samples of drugs and prescriptions for analysis, to insure purity of drugs used and sold. ary yaployees -3- Secretary -l- 7 1000. Other employees -l- Secretary -l- $3,000. Other employees -T- 10,160. [TENDANCE DIVISION OF AGRICULTVRE} | SCHOOL LIBRARIES VISVAL_ INSTRUCTION MIVISTON AND INDUSTRIAL EDVCATION DIVISION DLVISION charge of the executto cmpuleory education la ut the State,and alto vise tne Census bureaus everal cities of the To have charge of the agri- c cultural and vocational “schools; approve their courses of study and general manage~ ment; also to supervise the distribution of the alloted Smith-Hughes federal funds. Education Law, Sec. 21 and Art XXII. Regents Rules, Sec. 3, Sub- division d Jo make and circulate lantern slides and pictures to school libraries and registered or- ganizations To have general supervision of school libraries,and pass upon liste of books to be pur- chased by schools. n Law, Sec. 21, WIL. Rules, Ssc- 3 subdiy.d- == $3, ployees ~6- 1,36 Baucation Law, Sec. 21, 1135- 1141. Regents Rules, Sec. 3, Sub- division d. Education Law, Sec. 52,%, Sub-divieion 11 Regents Rules, Sec. 3, subd- division d Chief -1- —-§3,300. Other Employees -10- 9,240. Chief -1- ®, Other empléyees -2- 3, Chief -1- $4,000. } Other Employees -8- 14,440. 4. Receipts from Professicnal Boards and Libraries. eceisiana Seas hans 118,267.62 MEDICAL BOARD PHARMACY BOARD NURSE EXAMINERS To prepare questions and rate answers of all applicants for registered nurge certificate, to sign all certificates is- eued,to prepare courge of study and syl- labue for nurse training schcole, to in- epect all hospitale and nurse training schools either registered or seeking registration. Head Nurse -l- 1,800. ther employees 3,300 | Pmployeeu (2) 160 ee < PRIDOND b ER AND INMATES ATPROPRIATED FOR APPROPRIATED FOR MAIN: | TOTAL APPROPRIATION JEXPENDITUPES FOR ts TURES Fi VAIN P TOTAL EXPENDITURE a rer LELAT Ls PERSOAM SERVIC. B17 IS TTENANCE OPERATION 191718 I917- 18 PLROONAL SERVICE 1917-28 | TEAMMATES OPER i Paes 1917-18 AUBURN 7 _____1068__ = Ms, 39, 020,00 § 197,490.00 —$43n,51n.00___| 4 129,902.24 | Bay d 266s 323,869.09 CG -LINTOA Re 1270 153,323.01 _ 214,170.00 367,433.01 140, 606.62 __ 220,023.17 | 350,629.79 GREAT AT MEADOW =f 4a, 64s 1, d02644 Ma, 2490.00 297, 9a 19,952.06 139% 799-60 _ 215,751.86 SING SING tats 1203 171,401.67 212 042.90 384,508.17 158,399.27 216,425.61 368, e STATE PRISON TOR WOMEN __ 28 75 15,406.00 21,770.00 37,176.00 14,148.59 20,086.51 34,235.10 STATE FARM FOR WOME Nj oe _ 66 5,790.00 | £2 696.79 BB ,A36. TR 4.704017 20,686.24 25,590.41 MATIEAWAN STATE WOSPUTAL to 3 908 eI 125,660.00 | Los, 6un.00 ; 291,356.00 110,387.59 164,440.13 274,627.72 : Bae - | 63,099.09 | V1d,9..u0 197, 374-00 76,131-41 108 , 550.99 184, 662.40 2 7 | & 71,209.13 $ 1,091,4 on. 2 rs 2 1,87 9,702. 41 ~ § 708, 231.95 ¢ 1,070, 179.30 - $ 1,776,411.25 Depts. or Menrat Hycienr, Cuarirres anp Correction 175 collects and publishes statistical and other general information, makes recommendations as to the operations of the Probation System. and secures “the effective application of the Probation System to the enforcement of the Probation Law in all parts of the state.” (5) The Prison Association, a private organization, is also given the right by law to visit and inspect the several prisons and report thereon.. (6) In 1909 the Board of Classification,} consisting of the Fiscal Supervisor, the State Commission of Prisons, the Superintendent of State Prisons, and the State Hospital Commission, was created to fix and determine prices at which all labor performed and all articles manufactured in the state charitable institutions and in the penal institutions in the state and furnished to the state or its political subdivisions or to public institutions, shall be furnished. The penal institutions of New York and Kings County are excepted, the prices being fixed for these institutions by the Commissioners of Charities and Correction. (7) The State Hospital Commission, referred to above, visits and inspects the hospital at Matteawan and the hospital at Dannemora, but the Superintendent of Prisons is charged with the appointment of the medical superintendents of these institutions and supervises and is responsible for the administration. In addition, these thirteen hospitals for the insane, the eighteen chari- table institutions and the eight penal institutions, a total of thirty-nine institutions accommodating (June 30, 1917) 52,951 inmates, are super- vised by several other state Departments ; including the Comptroller, from the point of view of the audit and control of expenditures; the State Architect, from the point of view of the planning, construction and repair of buildings; the Conservation Commission, from the point of view of the eare of grounds, streams and farms, the Department of Farms and Markets, from the point of view of the production of crops; the Board of Health, from the point of view of sanitation; the Department of Educa- tion, from the point of view of the development and maintenance of educa- tion standards as far as possible, and the Central Supply Committee from the point of view of the purchasing of supplies and equipment on joint contract. Defects in Present Organization There are four outstanding defects in the present organization as out- lined above. t+Laws of 1909, chap. 47, § 184. 176 Report or Reconstruction CoMMISsION 1. The grouping of institutions and functions is illogical and wasteful. 2. The Fiscal Supervisor and other Departments are entirely un- necessary if there is a proper grouping of institutions and functions. 3. The prison problem is unduly complicated by the presence of alien prisoners who are properly charges of the federal government. 4. No provision is made for a central agency either administrative or merely advisory and investigational to coordinate the charitable and correctional work of the State. 1. The grouping of institutions and functions is illogical and wasteful. Whatever overhead organization is decided upon, the charitable and correctional field in this and every other State divides itself logically into four main problems. The problem of the mentally diseased. The problem of correction. The problem of inspection of private charitable institutions. The problem of institutions for state charges other than those in the first two groups. The problem of the mentally diseased includes the care in and out of institutions of the insane, the feeble-minded and epileptics and the formula- tion and direction of a program for combating these diseases. The problem of corrections includes the custody and parole of misde- meanants in state prisons or reformatories and whatever supervision of local correctional or probational standards the Legislature may authorize. The problem of inspection of charitable institutions includes inspection and setting of standards for all private and public charitable institutions which the State has authority to inspect whether receiving funds or not. The problem of care of state charges such as Indians, deaf mutes, the blind, crippled children, consumptives, etc., may be regarded as primarily institutional in which case these institutions may be placed in a division or department of miscellaneous institutions, or it may more logically and humanely be regarded from the point of view of placing these charges where they will get the best care. From this point of view, the deaf-mutes and blind, for example, belong in the Department of Education, and the consumptives and crippled children in the Department of Health. This logical grouping has been entirely ignored in the New York State organization. The care of the insane is consolidated but is separated from the care of the feebleminded which is scattered in several commissions for investigation, control and inspection. The reformatories are not combined with the prisons. The Board of Charities instead of inspecting private agencies, shares administrative powers over miscellaneous state institu- CYATPAL SUPPLY COMMUILLLE To supervive and con tract for the purchase of watecials,supplies, furniture and furnieh= ings, eatc., which may bs purchasod by joint contract: eruction, Chop. 86, art. Jap . VGA. Napanoch Cunmptre) ler Phacal Svporvisor Supt. State Prisons (A1] No Salary) [wet AU OF Second Deputy Pisco) Supervisor Other Nmployeas [ ALBION” pSATAVIA OATH DUEL DING Htpy COMMON To opprova plane and apactficutions for the aileration, repair or improvement burldings,or plans for any Institution report= ing to the Plecal Super vinor,excopt the refor- matorios at Rimira and ee fee Rue shpig , - - e FOLIMATES CONTRACTS AND VOUCHERS To oxaming and reviee,ay to price and quantity, quarterjy and cupplemental votimates for muintenancs and special fund estimates for improvements, bettarments, or repairs ae recetved from the institutionc; to supervise, in couparation with the Fiveal Supervisor, the bidding for and contracting by tho Purciwsing Comnitteo of Superintendents and Stewards for semi-annual, quarterly oy monthiy requtyements of standard food etuffo, and eather eup- plisw purchased by jotat cuntract; to examine and audit inotitutione' trvacurers' reports and vouchers in accordance with the eetimtes, ond for- ward same to the comptreller; and to conduct correspondence originating In connection with estimates, contracts and vouchere. “REDTORD WILLS NEAL OAL ARY CLASSIFICATION = SOMES ONON. FISCAL SUPERVISOR FISCAL SUPERVISOR OF CHARITIES COST OF PERSONAL SERVICE (1917- 18) 52050.00 ‘o grade and classify officere and employees in the state institu- tlone reporting to the Fiscal Suporvisor. off Chey: 56, Art. 2, Sec.) he Comptreller {soal Supervisor Sec. State Bd. Charities Coamiasioner of Ruuce- Chap. 5d, Art. @ ,Gec (All No Salary) tion. Avett lasso es fie durt. of Pub. Worss | Phe Governor Sec. of Trustees uf Pub Len State Pd.Chartties| Me Belldings Fiecal hupervigor Sec. Hoapi tel Conra. an »OVORNOD tutione. ELMIRA “HUDSON INDUSTRY _AAPANOCH | NUWARY OXFORD “RANDALS'S LSLAND SUPERINTENDENTS AND SIEWAL To purchase,undor joint con ‘ standard supplies for 91] inetl- Superintendent Ch. Other Employees, Supts. (3) Stewarde (2) (All No Salary) To exercise fiscal control and to visit and inspect all building equipmont, grounds and proporty of tho olghtoon (18) charitable {notitutions, with approximately two thousan wveeeeos ond employseo,anl oleven thouoand (21000) inmetee, and to cubmit to the legfelature annually officers (2000) ovtimates of emounte re- COST Of MAINTENANCE AND OPERATION (1917-18-71 72.80 TOTAL COST OF DEPARTMEAT-(1917-18 )-- 59,202.60 quired for uco of these vaveral institutions for the enouing fis- cal year. Pidcs] Supervieor q) Firet Deputy Fiocal Supervisor (i) Other Dmployees Q) of Chief Clerk Other Boploy ees GENERAL OFFICE To supervise the office force, and to be reoponsible for office oup- Plisoe and occounta, filing and mail ing departmontal payrolls, Jetting monthly flour contracts, main- tenance and opecital fund ledgers, Oltatiotica) detail, TOTAL. APPROPRIATION- PERSONAL SERVKE-EXCLUSIVE OF DEFICIENCIES:916-19.°56,650.00 TOTAL APPROPRIATION-MAINTENANCE-EXCLUSIVE. 6,000 ai 2/000 OF DERICIENCIES-1918-19..%10, 900.00 TOTAL APPROPRIATION FORDEPARTMENT- EXCLUSIVE OF DEFICIENCIES:1918-19.%67, 550.00 BUREAU OF INSPECTION To examine and report on condition of grounds, buildings and equipment, generally, of the several institutions,and make recommendations to the Fiecal Supervisor for correction of defects or irregularities,or make Necessary repairs; to report,at the request of the Bureau of Eatimates Contracts and Vouchers,on now or unusual items appearing on estimates; to examine periodically as to economical methods in institutions, and to axamine and audit the accounts of the institutions’ treasurers and superintendents. otc. Chop. 83. Art. 4, Soca. 40-52 (a) (ao) 4 2,780 13,080 Chief Inepector Other Bmployees RAY HPROOK ROM SONYEA OYRACUSE THIELLS WEST fOTA INSTITUTIONAL BOARD OF MANAGERS IN THE CASE OF EACH INSTITUTION THERE IS A BOARD OF MANAGERS OF SEVEN MEMBERS, APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE ( EXCEPT IN THE CASE OF THE INDUSTRIAL SCHOOL AT INDUSTRY, WHERE THE BOARD CONSISTS OF I5 MEMBERS, AND THE HOUSE OF REFUGE AT RANDALL'S ISLAND, WHICH IS UNDER THE SUPERVISION OF THE MANAGLRS OF THE SOCIETY TOR -THE REFORMATION Of JUVENILE DELIAQUENTS IA THE CITY OF ANEW YORK), ONE LACH YEAR FOR. SEVEN YLARS,TO VISIT AND INSPLCT THE INSTITUTION, TO HAVE CUSTODY, GENERAL DIRECTION AND CONTROL OF ALL PROPERTY, AND TO TAKE CHARGE Of THE GEAERAL IATERESTS OF TNE INSTITUTION, ASWELL ASTO PREPARE AND SUBMIT AN ANNUAL REPORT CF THE WORK AND CONDITION OF THE INSTITUTION. SEB CHART OF COMMISSION TOR THE CARE. OF MENTAL DEFECTIVES FOR ADDITIONAL SUPERVISION OF VASTITUTIONS FOR, CARE OF MENTAL DETECTIVES, STATUTORY PROVISIONS OFT ER) Ab APPROPMIAIL DIT IO PAPPROPRIATED. 917 18 TOTAL TOTAL ; cee aN Ee PAPLOYERS t PERSONAL TRVICE [MAINTENMRESCRERATONL APPROPRIATION EXPENDITURE Chop- 99, Arts IZ seco. 220-239 fa 206-18 ____] # 35,012.09 __|# 39,735.00 }_94,747,.00 14 anesasa | —Chop, 16, Art. 39,Sece. 990-1011 69 AL G6.47 36,205.00 | 39, 975.00 — 16,180.00 ____ 38 6 | a2 aso.ar | —Chop, 44, Art. 5. Seca, 60-66 | 17 1,004.97 | ad, 767.00 | 2474.00 850 00 | 209,207.00 | 929,275.47 _| _ Chap. 55, Art. 12,Seca. 220-233 _* 369.74 ___70,160,00 __| _114, 600.00 184,760.00 a0 | ronssnzo | 29,605.20 | hap. 43, Art. 1),Seas. 280-308 sah TZ 9 e --156,,896 00 189,905.00 6,801.00 —iatsie_}_aanea Chap. 65, Art: J).Sece. 199-2) 345.72 | 73,125.00 | 108,775.00 | 151,900.00 _| 96,597.35 | y6z.998.19 | Chap. 55, Art. 11,Sece. 180-196 837-16 | 124,840,900 | 130,476.93 | gss.o14.03 | j—2e.nese:_| _an.gas.on {at ss.28 __Chap. $5, Art. 14,Se0a. 270-276 w7a1___|__28, eso.00__ - ata} suc. 00 | ss.2an.61 | 2.07.00 | | chap. 43, Arte 11yS0ca- 280-300 | 203.90 | _ 56,006.67. | ss. sesso. a1. | 59,990.80 | so.gsmzr | 320,698.07 | aie |_chap- 99, Arts 6. Sece. 60-82. ov.7a9 |g azanag oop | toggmias | waennes | -saegtaee (san eames | bape 59, Art. 19,9ucu. 250-257 181-04 | 2q.osz.00 ais.o0 | 2.0.00 | er a2aser | ag saga | 64,360.79 Chap. 55, Art. 11,Soco. 180-198 644.94 | 9290.00 143,225.00 | 238,318.00 | as.ze.77 | asmrsoo | 224,381.26 | ep: 59, Arts 10,Seca. 150-162 _noz.as | _s),a80.00 4 ee) Meas —_{—ananat | natsaua —_f_apatmaar J Chap. 55, Art. 7, Seco. 90-95 sii bacon 60.092. 90 zoo | reracsias | zeioramr | 369,339.16 | Chap, $5, Art. 8, Secs- 100-117 1,477.40 oo | 2aajioa.17 | az9.oau..7 | 233,428.97 | _279,036.62 | _a09,een.20 | Chap. 95, Art. 9, Seco. 60-71 501.62 8.00 ouass.oo | is6.023,00 | serene | ron soe | asesiisa | = SaneinnniacnSOREn s A bee OcdradIO-13! a a |___44.300.00 J A 125.00 — 1,425.00 tn G 9 9,266, 38 66 9 Depts. or Mrenrat Hyoienr, Cuarrrres anp Correction 177 tions, with numerous other commissions and departments and inspects state ‘institutions. In addition, institutions presenting problems which are best solved by the educational or health authorities are controlled by a Fiscal Supervisor who completely lacks the professional point of view which these institutions req re. It is generally admitted that it would be a good thing to segregate the hospitals for the insane and the institutions for the feebleminded under the State Hospital Commission. This segre- gation would involve at least 45,000 of the 53,000 inmates in all state institutions. The State Commission for the Care of the Feebleminded in their recent report definitely recommend “the eventual consolidation of the state departments dealing with the insane and feebleminded into a single agency.” The only institutions now included in the so-called state charities group, which are definitely established and operated for the care of the sick other than the mentally sick, are the Hospital for the Care and Treat- ment of Incipient Pulmonary Tuberculosis at Raybrook and the Institu- tion for the Care of Crippled and Deformed Children at West Haver- straw. Both of these are subject to the supervision of the Fiscal Super- visor of State Charities and the State Board of Charities, neither of which attempts to handle the medical problems which are involved. In the Department of Health there is a Division of Tuberculosis, the duties of which are to supervise and direct all the tuberculosis activities of the state, to inspect and improve sites, plans, construction and equip- ment of county tuberculosis hospitals, to administer the tuberculosis law and the laws and regulations relating to it, to inspect tuberculosis hospitals and to aid in establishing and administering them. This division is well fitted to administer a state tuberculosis hospital and great benefit would result from the use by the division of this hospital as a laboratory of research and point of contact with actual problems of administration. The State Board of Charities in their report for 1917 state that the Hospital for the Care and Treatment of Crippled and Deformed Chil- dren at West Haverstraw “is a hospital doing specialized work in all branches of the orthopoedic field. In the early part of the year it received some cases of infantile paralysis and with others it disseminated general preventative information during the season of the whole acute epidemic of this disease last year.” In this connection it should be noted that it is provided by law* that the Commissioner of Health shall take cognizance of the interests of life and health of the people of the State and all matters pertaining thereto. It is the judgment of many who have analysed this problem that the functions of the Bureau of Child Hygiene * Laws of 1909, chap. 409. 178 Report or Reconstruction ComMIssion of the Department of Health should be so expanded as to include specific responsibility for all health problems pertaining to crippled and deformed children, in order that a definite and specific program may be formulated with reference to their care and treatment. There are a large number of crippled and deformed children on the waiting list for admission to the State Hospital for Crippled and Deformed Children. An eminent specialist on this subject, Dr. Russell A. Hibbs of New York City, states that there are large numbers of children in need of treatment who have never been identified and recorded. The Bureau of Child Hygiene in the State Health Department working with similar city bureaus is in the best position to study the scope of this problem. For the sick poor, the greatest charity is scientific medical treatment, which is essentially the function of the Department of Health. The functions of the Thomas Indian School for indigent Indian chil- dren at Iroquois are primarily educational. The co-ordination of the work of this institution with the educational system of the State can be effected only by the transfer of the supervision which is at present exer- cised by the State Board of Charities and the Fiscal Supervisor to the State Department of Education, as was done during the past year in the case of the School for the Blind at Batavia. In this way the development of a proper relation between all schools for the Indian and other children of the State and the solution of the difficulties arising from a long waiting list of pupils desiring to enter the Thomas Indian School will be brought about. The scattering of control and division of responsibility which have hindered the development of sound modern policies of administration are particularly apparent in the case of the eighteen charitable institutions. For instance, there is unnecessary labor in determining a building program because the responsibility is divided between the State Board of Charities, the Fiscal Supervisor, and the Building Improvement Commission. In the case of the adjustment of salaries, the Fiscal Supervisor, the State Board of Charities and the Salary Classification Commission all have responsibility. The Fiscal Supervisor, the State Board of Charities, and the Central Supply Committee all have to do with the purchasing of supplies. Again, the State Board of Charities and the Fiscal Super- visor are both responsible for the policies of administering the charitable institutions. Mr. Herbert F. Prescott, formerly Deputy Fiscal Supervisor, pointed out to the Legislature at its extra session in 1914: “ The institutions in the charities group are visited and inspected by ten state departments and two private associations. In addition to the Fiscal Supervisor and the Depts. or Menrat Hyqienz, Cuariries anp Correction 179 State Board of Charities, the investigating bodies include the State Chari- ties Aid Association, the State Architect, Commissioner of Health, Com- mission of Prisons, New York Prison Association, Conservation Commis- sion, and the Department of Education. They are overrun daily with inspectors and official visitors whose chief function appears to be to criticise conditions over which the managers have practically no control. This fact is quite as well known to the inspectors as to the managers, and for several years past it has been common for the inspectors of one Department to criticise another Department over the shoulders of the managers by pointing out that the managers are not to blame for the conditions criticised. The effect is demoralizing.” Commissioner Strong states in his report: “The framers of the Constitution remain silent with respect to any system of administration for the state charitable institutions — legislation is, in the main, respon- sible for this multiplicity of control and division of responsibility. Following the adoption of the Constitution of 1894 and down to the close of the legislative session of 1915, there was enacted such a mass of legislation regarding the administration and supervision of state charitable institutions that it defies my powers to tell just where the responsibilities for the discharge of many important functions lie. In particular, the dissection and distribution of legislative enactment of powers and duties among the State Board of Charities, the Fiscal Super- visor, the Comptroller, the State Architect and some of the smaller com- missions, usually taking the form of new legislation without repeal of old, make it impossible often to say who is the responsible officer. To add to the confusion, the Attorney-General has held that the Fiscal Super- visor has absolute control, and the same Attorney-General has held that the Fiscal Supervisor has only advisory powers in passing upon the esti- mates and expenses.” The Boards of Managers of these state charitable institutions as a rule are made up of persons competent to assist in many ways in the care, treatment, education and employment of the defectives, dependents and delinquents of the State. Such assistance as these people offer brings the advantages of friendly constructive criticism, and is often the source of some of the best ideas in the solving of the various problems. The benefit, however, of their assistance has been sometimes nullified because they must communicate with one state agency after another in order to emphasize an idea or plan. On the other hand, it is only fair to mention that the monthly meetings of boards of managers are not well attended and that irregular attendance is also an obstacle in the way of obtaining results. 180 Report or Reconstruction ComMission Plans once adopted by the Managers are subject to revision by a large number of Boards and Commissions as already indicated, some of whom necessarily are not as familiar with or as capable of judging the work as the Managers themselves. In a recent report on the administration of these institutions it was stated that “the situation has reached a point where it is surprising that persons of adequate capacity and independence can be found to serve upon these local boards. Natural initiative by these Managers has been largely smothered by this system.” The Superintendents of the charitable institutions are often prevented from doing good work of which they are capable because of these same checks, criticisms and revisions. The Departments which are genuinely interested in constructing sound policies with reference to institutional administration are handicapped because of the existence of other Depart- ments which have as their aim a totally different object. Commissioner Strong further stated in his report, ‘based upon my own experience as President of the Board of Managers of the New York State Training School for Girls at Hudson, for about ten years as well as upon the evidence before me, I believe that I am safe in saying that so much of the time of the institution Superintendents — as fine a body of experts as probably can be found in the United States—is given up to the struggle to obey so many adverse comments and suggestions from super- vising departments that they have no time and strength left to give the best there is in them to the unfortunates committed to their care.” Mr. Franklin H. Briggs on resigning the superintendency of the New York Training School for Boys stated that “it has become the policy of the State to employ men and women at high salaries to take charge of its institutions and then make it impossible for them to perform the func- tions for which they are employed by setting over them more than twenty Departments, Commissioners, Boards and officials, several of them with a lot of inspectors to prevent the same Superintendents from doing that for which they are paid.” 2, The Fiscal Supervisor and other Departments are entirely unnecessary if there is a proper grouping of institutions and functions. As indicated above, the following agencies: Fiscal Supervisor Salary Classification Commission Building Improvement Commission Hospital Development Commission Commission for the Care of the Feeble-Minded Board of Examiners of the Feebleminded Depts. or Menrat Hyoienr, Cuaritres anp Correction 181 share with the State Board of Charities control over the group of so-called state charitable institutions and are not needed if there is a proper dis- tribution and co-ordination of institutions and functions. The Fiscal Supervisor, a non-professional officer, in practice not only supervises the fiscal affairs of these institutions but actually ‘“ manages and controls in everything . . . in spite of the fact that his depart- ment is not qualified to appraise the professional needs of the institutions.” The Finance Law provides that “ the Comptroller shall superintend the fiscal affairs of the State.” The Comptroller should be solely responsible for the making of an independent audit of all the expenditures of the institutions. At the time of the creation of the office of the Fiscal Supervisor, the State Board of Charities opposed it and at the present time the State Charities Aid Association is on record against it. Mr. Charles H. Strong, commissioner appointed by Governor Whitman to make a study of the management of the charitable institutions, after an exhaustive investigation, stated in his report: “ I recommend the abolition of the office of the Fiscal Supervisor of State Charities.” Governor Whit- man recommended the abolition of the office of Fiscal Supervisor in his message to the legislature on January 5, 1916. . The Salary Classification Commission which deals only with personal service in the charitable institutions has not even developed for these insti- tutions a classification of the various positions into grades on the basis of qualifications and duties. Commissioner Strong states in his report: “The main criticism of the Salary Classification Commission by institu- tional heads is based upon the alleged delay in action upon requests . one reason for the delay in the work of the Commission is the insufficiency of meetings of the Commission, although it does meet as often as required by statute.” Another reason is the fact that it is an ex-officio board and the responsibility for the handling of these problems is not definitely located. Again with reference to the Salary Classification Commission, Governor Hughes, in his message to the Legislature of 1908 stated: “While the state is the one employer, there are diversities in existing classifications and in the means of fixing salaries which are wholly un- necessary and subject the State to serious disadvantage. In some cases one portion of the state service, in effect, competes with others and the want of harmonious action breeds wide dissatisfaction.” The facts concerning the work of the Building Treprovenient Commis- sion composed of the Governor, the President of the State Board of Chari- ties and the Fiscal Supervisor brought out by Commissioner Strong in his report, are sufficient to show that the President of the State Board of 182 Rerort oF Reconstruction CoMMISsION Charities was correct when he characterized it as a “useless commission.” Mr. Strong said: “A reading of the minutes discloses that the Governor was called upon to give his time to the careful consideration of such matters as a shack over a wood cellar; plaster in a toilet room; the re-setting of register frames for $8; one extra drop light; a piggery and a hen house.” * “Although the Commission was established in 1902, no minutes of any meeting of the Commission could be found prior to February, 1905.” _ “The Commission failed to approve an important contract already a month old because the Commission has no report submitted to use as a convenient means of endorsing approval.” “ One meeting was held at which the only member present was the President of the State Board and the minutes recited that the Fiscal Supervisor was ‘on telephone call’ and yet motions were made, seconded and carried unanimously. Present: President of the State Board of Charities; Fiscal Supervisor, later supporting all actions taken at the meeting.” If institutions are properly grouped, the Hospital Development Commis- sion will no longer be needed. The problem of the feeble-minded will be entrusted to the administrative agency responsible for the insane. The development of hospitals will be recommended by the heads of this agency through the Governor to the Legislature. The leaders of the Legislature should have no difficulty in investigating and keeping in touch with the hospital program without a special commission. The Commission for the Care of the Feebleminded would be unneces- sary for the same reasons. The psychiatrist at the head of this Commis- sion would naturally and logically become a consultant on the feeble- minded for the combined insane and feeble-minded group. With reference to the Board of Examiners of the Feeble-minded, Crim- inals and other Defectives, it should ‘be pointed out that the question of the constitutionality of this law which provides for the performing of opera- tions to prevent procreation, is still undecided. In New Jersey a similar law has been declared unconstitutional. Because of the uncertainty of the constitutionality of this law, no operation has been performed in New York State. The Chairman of the Board declared, however, that two hundred cases had been examined and all had been registered for operation. At any rate, this is clearly a function which would be transferred to the other authorities responsible for the insane and feeble-minded. Depts. or Menrat Hyeienr, Craririzgs anp Correction 183 3. The prison problem is unduly complicated by the presence of alien prisoners who are properly charges of the Federal Government. At the present time both native and foreign born prisoners are con- fined in the penal institutions. During 1918 the total prison population was 4,203 and of these 1,711 were foreign born of whom only 275 were citizens. The total cost of maintenance of these alien prisoners for the year ending June 30, 1918, was $423,620. On this subject, the following paragraph appeared in the zontal report of the State Superintendent of Prisons in 1909. “Tt is apparent to all that the interests of this country would best be served by the exclusion of this undesirable class of immigrants who claim and receive the protection and benefit that our form of govern- ment affords, but disregard our laws. If, however, they are to be permitted to enter our ports with no further restrictions than the present laws and system of inspection impose, is it Just and equitable that the individual states in which they may chance to locate and who are powerless to exclude or deport them should be obliged to bear the expense of maintaining these criminal aliens in their penal institu- tions, or that the discipline of such institutions should be demoralized and reduced in effectiveness by their presence? ‘They are a class by themselves. Our modern methods of penal administration and con- trol do not fit them. They should be segregated and treated as a class and it would seem but right that the Federal Government, which permits these alien criminals to land on its shores, should assume the burden of maintaining them when they are convicted of crime and that it should provide prisons where they may be kept by themselves and where the systems of discipline, education and training shall be especially adapted to apply to this distinctive class of prisoners. When they have served their terms they should be deported and never allowed return here.” 184 Report or Reconstruction ComMMIssIoN The following analysis shows in detail the number of these prisoners, and the cost of maintaining them in each year since 1912: r Foreign born Prison i Cost of Native Per Total acs | ar el born capita maintenance ee Alien | Citizen | Total 4,516 | 2,796 1,426 294 1,720 | $163 69 $748,732 19 $233,421 94 4,604 2,830 1,445 329 1,774 174 88 814,583 69 252,701 60 4,852 2,990 1,556 306 1,862 180 42 - 875,029 16 280,733 52 5,284 | 3,149 1,723 312 | 2,045 188 86 983,179 29 352,405 78 5,369 | 3,343 1,697 329 | 2,026 150 10 813,853 90 254,719 70 4,422 2,736 1,358 328 1,686 *232 72 |*1,136,859 44 *316,033 76 4,203 | 2,492 1,436 275 1,711 296 00 } 1,259,075 62 423,620 00 |e eae peepee Serieeie | ae tayes | aes estes $6,631,313 29 | $2,076,636 30 * Nine months. By making these prisoners federal charges, pressure would be brought to bear on the national government to deport them after their terms were served, and refuse them permission to return. This move would be in accord with a sound Americanization program. The best method of shifting this burden to the national government would be to have the Governor call a meeting of the senators and repre- sentatives of Congress from the State of New York, and to ask them to introduce and support a bill to make this proposal effective. It would also be desirable to take up this question with the Governors of other States so that they can take similar action at the same time. ' 4. No provision is made for a central agency either administrative or merely advisory and investigational to co-ordinate the charitable and correc- tional work of the State. The present system does not provide for co-ordination and uniformity in the following important fields: Fiscal and budgetary methods. Labor and industries in the various groups of institutions. Classification, recruiting, employment, promotion, retirement and general welfare of the ten thousand institutional employees. Care of delinquents and defectives. Institutional expansion and the most economical use of existing facilities. Reports of the work, aims and needs of the various institutions. These points are discussed briefly in order below. The control of the estimates of the penal institutions has been criticized for being too lax; that of the charitable institutions for being too strict. The Wardens of the penal institutions have been permitted to make pur- Depts. or Mrentat Hyeienr, Cuaririms anp Correction 185 chases before submitting estimates. The Superintendents of the charitable institutions have been prevented from taking reasonable advantage of a low market and tied down to such an extent that initiative has been smothered. There is at present no uniformity in the preparation and approval of estimates, the audit of bills and the expenditure of money appropriated. At the present time each group of institutions has a separate and differ- ent system of accounting. The Comptroller in accordance with the law prescribes the segregation of expenditures according to a particular form, but this form in itself is not sufficient to give the required information to those who administer the institutions, such as information on per capita costs. Fiscal control of institutions is somewhat different from other types of fiscal control in that the unit is the individual inmate and the cost per inmate or department is the basis for comparisons and also for appropriations, The institutions should so far as possible have uni- form accounts and co-ordinated estimates. There is no central agency at this time to consider the financial prob- lems common to all institutions, such as specifications, the selection of markets, the making of tests and examinations, the determination of those articles which may advantageously be purchased by joint contract. A central institutional agency would be in a position to gain by the advice and co-operation of a central supply agency for all state departments and, in turn, to give assistance to such an agency in considering problems of institutional purchasing. The amount of the State’s funds which are expended for the purchase of supplies, materials and equipment for insti- tutions is too large to allow so many individuals and agencies to act independently without at least attempting to work out a common policy and standard methods. At the present time there is no effective co-ordination of labor in the various groups of institutions. Some institutions have a large excess of labor, while others have a great deficit. The total area of the grounds of the hospitals for the insane is 5,648 acres and of the charitable institu- tions is 18,527.47 acres. Over half of this acreage is under cultivation. These cultivated grounds actually produced a net profit in farm products during the fifteen months ending December 31, 1916. Co-operation between all institutions is now impossible beeause of the number of departments concerned, the absence of a central authority or clearing house and the necessarily limited views which the present institu- tional heads take of their functions. The Hospital Development Com- mission in their report of the past year stated, “the Commission recognized the great therapeutic value of these farms for they provide healthful labor for insane, feeble-minded, criminals and other wards of the State. 186 Report oF Reconstruction ComMIssion This is especially true of the insane and it is the consensus of opinion among the hospitals that from the standpoint of cure alone, these farms are well worth their cost to the State.” “While there is a great difference in the percentage of profit in the various institution farms some running high and some even showing a loss, this is not entirely due to management as the capital investment and the quality of soil vary very materially in the different institutions, but we feel sure that with proper management every institutional farm can show a profit and that with further development a large and increasing propor- tion of the food necessary to support the various institutions can be produced on the farms.” As in the case of agriculture there is at the present time, no incentive for one institution or group of institutions to develop and maintain industries which would be of assistance to institutions in other departments. There are some exceptions. In the prisons, emphasis is laid on a program of industries which produced a net return last year of $884,435. In the Rochester State Hospital for the Insane, soap is manufactured on a large scale which is used by a number of other hospitals for the insane. In Utica, coffee is roasted for all of the hospitals for the insane and some of the general institutional printing is done at this institution. Co-operation is lacking among the institutions in the making and repairing of clothes, shoes, furniture, harness, implements, roads, reser- voirs, machinery and buildings. It should also be pointed out in this connection that where all of the institutions are concerned in the raising, planning, distributing and consumption of farm products, in the plan- ning and operating of various industries and in the making and repairing of clothes, shoes, furniture, machinery, buildings, etc., it would be sound business to make investments for their development. Specialization of occupations in one or more institutions is most desirable. If each insti- tution is to be regarded as a separate unit, or each group as a separate group, such investments are not advisable. At present there is no uniform and definite policy as to the classifica- tion, recruiting, employment, promotion, retirement and general welfare of the ten thousand employees in the institutions. In the state hospitals, prisons and other institutions, there are about ten thousand employees or about forty per cent of the total personnel of the state government representing a total annual payroll cost of $5,187,076.34, exclusive of cost of maintenance. Not only do the salaries and wages of the same class of employees differ greatly in the various institutions and groups of institutions as was indicated by the report of the Senate Committee on Civil Service, published in 1916, but the Depts. or Menrat Hyeiene, Cuariries anp Correction 187 methods of recruiting, employing, promoting, maintaining, retiring and looking after their general welfare vary to just as great an extent. Each institution or group of institutions develops its own policy and methods. In many institutions funds may be made available through savings in other activities so that more favorable schedules of wages may be adopted than in other institutions where such savings are not possible. In some institutions good accommodations are offered to employees, while in others the accommodations are poor. In some institutions the welfare work for employees is well organized including, for example, recreational centers, while in others no such facilities exist. The Hospital Develop- ment Commission in their recent report state, “employees with duties almost entirely disagreeable and often revolting, have sleeping rooms improperly lighted and ventilated, over kitchens or in the midst of bedlam.” Many of these bad conditions exist because of unreason- able economy, but they are also due to a great extent to the fact that there is no central agency charged with the study of employment con- ditions and with the establishment of definite and specific standards. Such a central agency could be of great assistance to the various superintendents, because there are many problems in connection with the administration of personal service which are common to all institutions. All institutions, for example, have their difficulties in securing and retaining employees. The sources of supply of employees which are the same for all institutions must now be studied separately by such institutions. In the case of some institutions, the favorable location and the untiring efforts of the superintendent have made it possible to secure sufficient qualified and loyal employees, while in the case of others this has not been possible. All institutions offer much the same kind of employment. All institutions have to face the same difficult problem of a “turnover” which for some positions involves an average of four or five changes during the course of a single year. The present system does not provide the proper co-ordination of care of delinquents and defectives. The studies by the Hospital Development Commission, the Prison Commission, the State Board of Charities and the Commission for the Care of the Feeble-Minded show conclusively that the problems connected with the care of delinquents and defectives are inextricably interwoven. The relation of the work of the Hospital Com- mission, the Prison Commission and the Superintendent of Prisons, par- ticularly in the case of Matteawan and Dannemora emphasizes this fact. The Hospital Development Commission in their recent report state that “of 1,007 cases of delinquents studied, thirty to forty per cent were found to be feebleminded and of 740 delinquents examined between twenty to 188 Rerrort oF Reconstruction ComMMIssIon twenty-nine per cent were found to be feeble minded and recommended for permanent custodial care. Feeblemindedness and delinquency are so inter- woven that they must be studied together in considering the problem of the care of the feeble-minded.” The special committee of the Prison Commis- sion reported recently “ the importance of sifting out the mentally abnor- mal from other inmates of these institutions has long been recognized and earnestly advocated. The State Board of Charities in their last report (page 44) state, “year after year the relation of feeble-mindedness tc crime, prostitution, poverty, shiftlessness and general helplessness has become more apparent.” The special committee of the Prison Commission also reported that “authenticated facts are at hand to indicate that at least fifty per cent of the inmates of prisons and reformatories in New York State exhibit mental abnormalities which are in need of much more specialized treat- ment than is afforded by the ordinary methods employed in the average penal institution.” The committee also found recidivism to be the crux of the whole criminal problem, that eighty-seven per cent of the 2297 felons received into the state prisons in 1917 were repeaters, and that the most important single factor found associated with chronic criminal- ism is the abnormal mental condition of the criminal himself.” Authorities throughout the country are united in regarding mental disease and mental defect as one problem the solution of which should be entrusted to a single state agency. The Governor in his recent inaugural address said “a large percentage of the feeble-minded eventually come under the care of the State whether it be through charitable institutions or through prisons. The various localities have their burdens of caring for the feeble-minded in local cor- rectional institutions. I believe the State might well take care of them in the first instance.” o This analysis shows that both the regrouping of the institutions for the insane and feeble-minded in a single department and the creation of some kind of a central agency responsible for the co-ordination of the programs for the care of the feeble-minded and for the other state charges are needed. It is only through the proper professional and scientific consideration of these problems that the State can determine what percentage of the dependents, defectives and delinquents must be entirely cared for by the State, and what percentage can be provided for in some other way. The Commission for the Care of Feeble-Minded in their report clearly indicated that it was their belief that there should be very close co-opera- tion between those charged with the care of the feeble-minded and these Depts. or Mentrat Hycrenr, Cranivirs anp Correction 189 in charge of delinquents, dependents and other defectives. They specifi- cally state that they found it necessary to hold conferences with the Prison Commission and the Hospital Commission. There is at present no co-ordination in planning institutional expan- sion on the basis of the needs for the accommodation of all inmates in all institutions who are properly state charges. Before any building program can be undertaken it is necessary to know what the obligations of the State are with reference to the care of the inmates. ‘This can only be done by having some properly qualified central agency make a census of the insane, the feebleminded and other defec- tives, dependents and delinquents on the basis of which a program can be planned and developed. This will make possible also a re-distribution of the inmates already in the institutions on the basis of the need of accom- modations, professional care, available space, ete. Again, the question of geographic needs can be given proper and adequate consideration. At the present time there is in some institutions appreciable over-crowd- ing while in others there is available space which can be utilized. The hospitals for the insane are over-crowded. The institutions for the feeble- minded will accommodate 6,000, although there is no definite policy as to how many of the feebleminded in the State are properly state charges. The reformatories for men are by no means using the accommodations available. The reformatories for women are not filled to capacity. The prisons are not using all available space. The institutions for soldiers and sailors and their wives and widows are not used to capac- ity. One institution, the State Farm for ‘Women at Valatie, with a capacity of fifty inmates has actually been closed. This clearly indicates that there is need of some definite policy with reference to taking care of all state charges and of preventing over-crowding in some institutions when there is space available in others. At present there are many unnecessary reports and an absence of uni- form and concise statements of the work, aims and needs of the institutions. A large number of reports of departments, institutions, and boards must be read, studied and compared before it is possible to obtain any satisfactory knowledge or idea of the care of state charges. It is imperative that there be some simplification and co-ordination in the presentation of this important information. A former Deputy Fiscal Supervisor stated, “each month the Governor receives the minutes of seventeen Boards of Managers with an accom- panying report of their visit of inspection to the stitution under their control. These reports range in size from five to seventy-five pages. Ata 190 Report oF Reconstruction CoMMISSION conservative estimate they aggregate over three thousand Brees a year. He also receives two reports a year from the Fiscal Supervisor.” “ How much is humanly possible for the Governor to know about ibe various things in addition to the other work required of him is an interesting subject for conjecture.” In addition to the Boards of Man- agers of the several institutions of the hospital and charities group, the control departments of the prisons, hospitals and charitable institutions and the state agencies which are required to visit and inspect state institutions, prepare and submit reports. Including the monthly reports of Boards of Managers, there are approximately two hundred and twenty- five reports which are received by the Governor each year. The task of reading these thousands of pages if they were read would be tremendous but this task would be still further increased by the fact that there is an entire lack of standardization and uniformity in the reports. While there must necessarily be a difference in the subject matter, there can be no good reason for not having in similar comparable form financial statements and statements regarding farming, industries, per capita and other institutional costs, and statistics regarding admission, population, transfer, discharge and other inmate statistics. It would be easy to develop a satisfactory form for the uniform presentation of facts con- cerning the purchase of supplies, estimates, requested appropriations, food costs, ete. Such facts as these presented uniformly would be of great value to those who are interested in the management of the state institutions. Only in rare instances is there any evidence of co-operation between the various institutions and departments of one group with those of another. Consolidation under a board of control or single commissioner versus re-grouping and co-ordination. It is obvious from the foregoing discussion that what the State needs in the correctional, charitable and institutional field is a regrouping of institutions and activities into logical units and some provision for co-ordinating the new units. As a first step unnecessary and overlapping agencies must be eliminated. The troubles of New York State in this field have been paralleled in almost every other State in the Union. The remedy tried in most States has been consolidation under boards of control or single commissioners oF directors. In New Jersey there is a State Board of Control of Institutions and Agencies* composed of the Governor, ex-officio, and eight residents of the * Laws New Jersey, 1918, chap. 147. Depts. or Mentrat Hyarenz, Cuariries anp Correction 191 state (one must be a woman) who are appointed for overlapping terms of eight years by the Governor, subject to confirmation of the Senate. The members are subject to removal by the Governor at any time for good and sufficient cause. The Commissioner of Institutions and Agencies, the chief executive and administrative officer of the Board, is appointed by the Board and holds office at their will. The Board has “ complete and exclusive jurisdiction, supreme and final authority and the requisite authority to accomplish its aims and purposes in and upon the fifteen state institutions for the insane, feebleminded, epileptic, juvenile delinquents, adult delinquents, tubercular patients, disabled soldiers and the blind.” The Board of Control also appoints the local Boards of Managers. A report of the Consolidation Commission of the State of Oregon to the last Legislature proposed the transfer of the Board of Control, which is the managing and governing body of the charitable and correc- tional institutions to a Department of Public Welfare under a Commis- sioner of Public Welfare to be appointed by the Governor, including also in the new department the Secretary of the State Parole Board, and the State Parole Officers, at present separate. Idaho has just enacted into law an Administrative Consolidation Bill which provides for nine civil administrative departments at the head of each of which there is a Commissioner appointed by the Governor and removable at his discretion. The Department of Public Welfare, one of these Departments, exer- cises the rights, powers and duties of the former Director of Sanatoria, the Trustees and Officers of the Soldiers’ Home, the State Board of Health and the Secretary of the State Board of Health and their officers, the Bureau of Vital Statistics and its officers, the Dairy Food and Sani- tary Inspector and his deputies and the State Chemist. Wisconsin established in 1881, the first centralized Board of Control for the management of state institutions in the United States which has supervision over hospitals for the insane, reformatories, prisons, institu- tions for the feeble-minded, and a number of other institutions. Since the Wisconsin Board was established there has never been any sentiment in favor of abolishing it. Every Legislature has imposed new powers and duties upon the Board. The legislature has given to this Board the parole power, with executive approval. This Board is also the state probation board. In Nebraska there is a State Board of Charities and Corrections. There are five members on the Board appointed by the Governor with the advice and consent of the Senate. A recent law provides for the con- 192 Report or Reconstruction CoMMISssION solidation of institutional activities in a Department of Public Welfare under a Secretary appointed by the Governor. In Rhode Island there is a Penal and Charitable Commission consisting of nine members appointed by the Governor with the consent of the Senate, The Board of Control in Washington consists of three members appointed by the Governor with the advice and consent of the Senate, and removable by him at his discretion. There are twelve state institu- tions, which the State Board of Control has full power to manage and govern. In addition it has charge of ithe parole work of the four penal and reformatory institutions. The Board also does all of the purchas- ing for all of the institutions and has personal charge of the construction of all buildings. It also has the power of appointment and removal of the Superintendents. In Minnesota there is a State Board of Control consisting of three mem-, bers appointed by the Governor with the consent of the Senate. There are also a Board of Visitors of Public Institutions whose duties are to make investigations and examinations, and a Board of Women Visitors whose duties are confined to the Home School for Girls and the State ee tory for Women. In Ohio there is a Board of Administration which is the senitive head of all state institutions in addition to the Board of State Charities whose duties are inspectional and advisory with respect to public and private institutions. The four members of the Board of Administration are appointed by the Governor for terms of four years and may be removed by him for cause. The Iowa Board of Control consists of three members appointed by the Governor by and with the consent of the Senate. The Board has super- vision of fifteen state institutions. The State Board of Control of West Virginia is composed of three mem- bers chosen from the two largest political parties and appointed by the Governor for terms of six years. The Board of Control of Vermont consists of the Governor, the State Treasurer, the Auditor of Accounts, the Director of State Institutions and a person appointed by the Governor with the consent of the Senate, for a term of two years. The Director of State Institutions, who is appointed by the Governor with the consent of the Senate for a term of two years, has the general care, control and management of all state institutions, including the Hospital for the Insane. In Tllinois there is a Department of Public Welfare which has super- vision over all the state hospitals for the insane, the institutions for delinquent boys and girls, the homes for old soldiers, soldiers’ widows and Depts. or Menta Hyeienz, Cnaririzs anp Correction 193 soldiers’ orphans, the penal institutions and the Board of Pardon and Parole. At the head of the department is a Director responsible to the Governor. This department is one of the nine departments under the Governor provided for in the Civil Administrative Code of 1917. The Code provides for appointment by the Governor of six Superin- tendents of Divisions, namely, a Superintendent of Charities, Superinten- dent of Prisons, Superintendent of Pardons and Paroles, Fiscal Super- visor, Alienist and Criminologist; but the selections are actually made by the Director and approved by the Governor. The Director appoints all managing officers of institutions; everybody below the managing officer being under civil service. The Department has organized itself along corporation lines, adopting the type of organization known as the line and staff, in which all executive officers are of the line, and all advisory officers are of the staff. The Alienist and Criminologist, for example, as well as the physicians at the state hospitals, are staff officers, the first two being members of the Director’s staff, and physicians being members of the managing officer’s staff. Their functions are advisory and they give no orders for execution. It may be likened to a corporation of which the Director is president; the various Superintendents of Divisions mentioned above being vice-presi- dents in charge of various operations; and the managing officers being superintendents of plants. The success of these consolidations under boards of control or directors is much debated by students of charitable, correctional and institutional work. It is only fair to say that in the states which have consolidated these activities there is no disposition to go back to old methods and very general satisfaction with the results achieved. There appears to be a certain amount of criticism by heads of individual institutions on the ground that they have been deprived of initiative and independence and have become cogs in a machine which aims primarily at economy rather than care of state wards. Assuming that consolidations have been a success elsewhere, the ques- tion arises as to whether this very drastic step is advisable in New York State to remove the existing confusion, bearing in mind that no other State has a problem in this particular field remotely approaching that of New York in size and complexity. Without discussing at length the argu- ments for and against complete consolidation, the conclusion has been reached that such a step is not advisable and that by abolishing unneces- sary agencies, re-grouping and combining institutions on @ logical basis and establishing a clearing house for advice and investigation of the problems common to the new groups, all the benefits of consolidation may be obtained without the evils which many apprehend. T 194 Report oF Reconstruction ComMIssion Proposed Organization. It is recommended that the Hospital for the Care and Treatment of Incipient Tuberculosis and the Hospital for the Care and Treatment of Crippled and Deformed Children be transferred to the Department of Health; that the Thomas Indian School be transferred to the Depart- ment of Education and the Soldiers’ and Sailors’ Home and the Woman’s Relief Corps Home to the Department of Military and Naval Affairs. The number of inmates of the soldiers’ homes is of course smaller every year. These institutions will ultimately be turned over to the Depart- ment of Mental Hygiene. It is recommended that the duties and responsibilities of the following departments, boards and commissions: Hospital Commission. Hospital Development Commission. Board of Retirement. State Board of Charities. Fiscal Supervisor. Salary Classification Commission. Building Improvement Commission. Board of Examiners of Feeble Minded Criminals and other Defectives. Commission for the Care of Mental Defectives. Superintendent of Prisons. State Commission of Prisons. Board of Parole. Probation Commission. Board of Classification. be consolidated under the following: Department of Mental Hygiene. Department of Charities. Department of Correction. | And that in addition there be created an advisory and investigational Council of Public Welfare composed of the heads of these three Depart- ments and the Commissioners of Education and Health, as a clearing house for public welfare. The Department of Mental Hygiene will be under the direction and control of a Commission on Mental Hygiene, composed of a physician required to have ten years’ experience in the care and treatment of the insane in an institution for the insane; a reputable attorney of ten vears’ standing and a reputable citizen, all appointed by the Governor with the Depts. or Menta, Hyaienz, Cuaririzgs anp Correcrion 195 advice and consent of the Senate, to hold office during good behavior in the case of the physician, and for six years each in the case of the other two members. The physician will be the Chairman of the Commission. While there are strong arguments for a single head of the Department, the fact that the Hospital Commission has functioned satisfactorily leads us not to recommend any change at the present time. If the Department were new, we should recommend a single head in accordance with the principles laid down in Part I of this report. The Commission on Mental Hygiene is to be responsible for the formulation of policies for the care of the insane, feeble-minded and epileptic; is to direct and be responsible for the administration of all state institutions for the insane, feeble-minded and epileptic and is to visit and inspect all homes, institutions or other places within the state where the insane, feebleminded and epileptic are detained. The present state institutions to be placed under their jurisdiction are the following: Binghamton State Hospital. Brooklyn State Hospital. Buffalo State Hospital. Central Islip State Hospital. Gowanda State Hospital. Hudson River State Hospital. Kings Park State Hospital. Manhattan State Hospital. Middletown State Hospital. Rochester State Hospital. St. Lawrence State Hospital. Utica State Hospital. Willard State Hospital. Dannemora State Hospital. Matteawan State Hospital. Craig Colony for Epileptics. Newark State School for Mental Defectives. Rome State School for Mental Defectives. Syracuse State School for Mental Defectives. Letchworth Village. The Department of Charities will be under the direction and control of a Board of Charities composed of twelve members, one from each of the nine judicial districts and three additional members from New York City appointed by the Governor with the advice and consent of the Senate. Two members are to be appointed each year for terms of six years, one of the members will be designated by the Governor to be President of 196 Report oF Reoonstruction ComMIssion the Board. The Board will appoint a Secretary who will manage all the affairs of the Department subject to the approval of the Board. The Board of Charities will visit and inspect all institutions, county, munici- pal or private, incorporated or not incorporated, which are of a charitable character, whether receiving public aid or not, excepting reformatories, prisons and other correctional institutions and institutions for the insane, feeble-minded and epileptics. The Board will hue not inspect State institutions. The Department of Correction which will be ee for developing and administering the State’s policy with reference to the care of juvenile and adult delinquents is to be under the direction of a Commissioner of Correction appointed by the Governor with the consent of the Senate and serving at his pleasure. Under him there will be the following state correctional institutions: Auburn Prison. State Prison for Women, Auburn. Clinton Prison. Great Meadow Prison. Sing Sing Prison. ‘Western House of Refuge for Women. New York State Reformatory for Women. New York State Reformatory. New York State Training School for Girls. State Agricultural and Industrial School. Eastern New York Reformatory. House of Refuge. State Farm for Women. State Training School for Boys. State Reformatory for Misdemeanants. State Farm for Vagrants. In the Department of Correction there will be also a Council of Cor- rection which will advise and inspect state and local correctional insti- tutions and supervise parole and probation, and will conduct other pre ventive and educational activities in the field of correction. This Council will be composed of five members (of whom at least one shall be a woman) appointed by the Governor with the consent of the Senate for overlapping terms of five years each. The Council will appoint a paid Board of Parole and Probation who will be responsible. for all matters pertaining to probation and parole and will serve at the pleasure of the Council. In addition, the Board of Parole and Probation will conduct Depts. or Menran Hyqienz, Cuariries anp Correction 197 preliminary hearings on pardons when requested by the Governor. The duties of the present Prison Commission of inspecting local institutions will devolve upon the Council of Correction. For each of the several institutions under the Department of Mental Hygiene and the Department of Correction, including the prisons, there will be a Board of Managers consisting of seven members (of whom not less than two shall be women) appointed by the Governor with the advice and consent of the Senate. The terms of the members of the Boards will be seven years, one expiring each year. At least two of the Managers of each institution will visit and inspect the institutions once in each month and the duties of visitation will be so assigned that visits shall be made by a majority of the managers quarterly and by the whole Board semi-an- nually. They will visit the inmates of prisons in seclusion and investigate eare and feeding. They will investigate any sudden death, accident or injury. They will have access to books, records and accounts and will be admitted at all times to the premises and buildings. They will make investigations at the request of inmates, officers or employees of the insti- tutions. They will have power to require the attendance of the Superin- tendent or any other officer or employee of the institution at any time and to take testimony. The Commission on Mental Hygiene and the Commissioner of Correction will appoint from civil service lists, subject to approval of the local Boards of Managers, as often as a vacancy occurs, a Superintendent for each of the institutions under their supervision. The Superintendent may be removed by the Board of Managers for cause in writing, subject to the approval of the head of the Department. The Superintendent will be the chief executive officer of the institution to which he is appointed and will administer the affairs of the institution, subject to the rules and regulations formulated by the Department. There will be also a Council of Public Welfare without administrative powers composed of the Chairman of the Commission on Mental Hygiene, the Commissioner of Correction, the Secretary of the Board of Charities, the Commissioner of Health and the Commissioner of Education. This Council will meet at least monthly and will conduct investigations and research and act as an advisory agency and clearing house in the general field of public welfare. Among the subjects to which the Council through its staff will give its attention are the collection and analysis of statistics ; the making of per capita and other cost studies in the maintenance and construction of institutions; the determination of the proper assignment and transfer of inmates in the various groups of institutions: the study of the present county system of administration of local institutions; the 198 Rzrort or Rrconstrucrion ComMMISSION study of the best use of the farms, industries and other economic materials in connection with the administration of all state institutions; the study of the problem of the employment, compensation and welfare of institutional employees; the study of the deportation of inmates properly belonging to other states and countries and the study of methods of purchasing and distributing supplies, materials and equipment. The duties of the Coun- cil will, as indicated, be advisory only. The boards and commissions rep- resented on the Council will be solely responsible for the administration of their respective departments, and will decide whether or not to adopt recommendations of the Council. The Council will make available to each Department represented all findings and will make such studies and investigations as the members may request. The Council will appoint a properly qualified Chief of Staff who will be responsible for the development and carrying on of this program. In so far as possible the assistants of the Chief of Staff will be loaned by the several departments represented in the Council. He will appoint, subject to the approval of the Council, such additional assistants from civil service lists as may be necessary to conduct the various fields of work. Summary of Recommendations 1. There will be a Department of Mental Hygiene which will be under the direction and control of a Commission on Mental Hygiene composed of a physician required to have ten years’ experience in the care and treat- ment of the insane in an institution for the insane, a reputable attorney of ten years’ standing and a reputable citizen, all appointed by the Gov- ernor with the advice and consent of the Senate to hold office during good behavior in the case of the physician and for six years in the case of the other two members. The Commission will be responsible for the formu- lation and administration of policies for the care of the insane, feeble- minded and epileptic, will direct and be responsible for the administration of all institutions for the insane, feeble-minded and epileptic and will visit and inspect all homes, institutions or other places within the State where the insane, feeble-minded and epileptic are detained. The physician will act as Chairman of the Commission. 2. There will be a Department of Charities to be under the direction and control of a Board of Charities composed of twelve members, one from each judicial district and three additional members from New York City, appointed two each year for terms of six years, by the Governor with the advice and consent of the Senate. This Board will visit and inspect all institutions whether state, county, municipal or private, incorporated or not incorporated, which are of a charitable character, irrespective of Depts. or Mzyrat Hyarenz, Cuarities ann Correction 199 whether or not they receive public aid, excepting correctional institutions and institutions for the insane, feebleminded and epileptics. The Board will not inspect State institutions, 5. There will be a Department of Correction which will be responsible for developing and administering the State’s policy with reference to the care of juvenile and adult delinquents, and which will be under the direc- tion of a Commissioner appointed by the Governor with the advice of the Senate and serving at his pleasure. 4, There will be a Council of Correction, consisting of five members, of whom at least one shall be a woman, to be appointed for overlapping terms of five years by the Governor with the consent of the Senate which will advise and inspect state and local correctional institutions and super- vise parole and probation. 5. There will be also in the Department of Correction, a paid Board on Parole and Probation appointed by the Council of Correction and serving at its pleasure, to be composed of three paid members, one of whom will be a woman. This Board will parole all state prisoners, investi- gate and report on local probation system and hold preliminary hearings on pardons at the request of the Governor. 6. For each institution under the Departments of Mental Hygiene and Correction, including prisons, there will be a Board of Managers consisting of seven members (of whom not less than two will be women ) appointed by the Governor with the consent of the Senate for overlapping terms of seven years. Superintendents of institutions, including prisons, will be appointed by the Commission on Mental Hygiene or the Commis- sioner of Correction as the case may be, subject to the approval of the local boards, as the result of civil service examinations. 7. There will be a Council of Public Welfare to be composed of the Chairman of the Commission on Mental Hygiene, the Commissioner of Correction, Secretary of the Board of Charities, Commissioner of Health and the Commissioner of Education. This Council will act as a clearing house of advice and investigation in the general field of public welfare. It will collect statistics, make studies of the maintenance and construction of institutions, proper assignment and transfer of inmates in the various groups of institutions; the best use of the farms, industries and other economic materials in connection with the administration of all state insti- tutions; the employment, compensation, and welfare of institutional employees; deportation of inmates properly belonging to other states and countries; methods of purchasing and distributing supplies, materials and 200 Report or Reconstruction CoMMISSION equipment, and of the present administration of local institutions by counties. 8. The duties and responsibilities of the following commissions, boards and departments :' State Hospital Commission. Hospital Development Commission. Board of Retirement, State Board of Charities. Fiscal Supervisor. Salary Classification Commission. Building Improvement Commission. Board of Examiners of Feeble-Minded Criminals and other Defectives. Commission for the Care of Mental Defectives, Superintendent of Prisons. State Commission on Prisons. Board of Parole. Probation Commission. Board of Classification. will be consolidated under the Departments of Mental Hygiene, Charities and Correction. 9. The Thomas Indian School will be transferred to the Department of Education. 10. The Institution for the Care and Treatment of Crippled and Deformed Children and the Institution for the Care and Treatment of Incipient Tuberculosis will be transferred to the Department of Health. 11. The Soldiers’ and Sailors’ Home at Bath and the Woman’s Relief Corps Home at Oxford will be transferred to the Department of Military and Naval Affairs. 12. These recommendations require both constitutional amendments and statutory revisions. Depts. or Mentax Hyorenn, Cuarirres anp Correction 201 Proposed Organization of Departments of Mental Hygiene, Charities, Cor- rection and Council of Public Welfare DEPARTMENT OF CHARITIES DEPARTMENT OF MENTAL HYGIENE DEPARTMENT OF CORRECTION To visit and inspect all county, municipal and pri- vate charitable institutions whether receiving public aid or not excepting correctional institutions and institutions for the insane and mental defectives. To be responsible for the execution of the State’s policy with reference to the care of the insane, feeble-minded and epileptic. To be responsible for the execution of the State’s policy with reference to the care of the delinquents of the State, {Board of 12 members Secretary Commission of 3 members with physician as Chairman Commissioner COUNCIL OF PUBLIC WELFARE Composed of: Chairman of Commission on Mental Hygiene. Commissioner of Correction. 7 Secretary of Department of Chari- ties. Commissioner of Education. Commissioner of Health. Clearing house for advice, investigation and research relating to public welfare. Chief of Staff. COUNCIL OF CORRECTION (5) To advise and inspect Department of Correc- tion and local correc- tional institutions and to supervise parole and probation. Secretary and Board of Parole and Probation. 2:02 Report oF REcoNsTRUCTION COMMISSION CHAPTER 13.— PUBLIC SERVICE COMMISSIONS Present Organization Although practically every state in the Union has introduced the policy of state regulation of public utilities, no state except New York has thus far provided two commissions to enforce this regulation. There is actu- ally a third commission in New York engaged in rapid transit construc- tion in New York City, but this is not properly regarded as a regulatory function. The public service commissions of the majority of the states - are appointed by the Governor with the approval of the Senate, and in most cases the Governor has the power of removal for cause. Several states, however, provide in their constitutions for the election of public service commissions. The number of members ranges from three to five, and the terms vary from three to six years, the longer period predominat- ing. The salaries of the members range from $1,700 in Vermont to $15,000 in New York, the average salary being from $4,000 to $6,000. The upstate New York Commission has five members with overlapping terms of five years, each receiving $15,000. The New York City Com- mission has by recent legislation been reduced from five to one commis- sioner with a term of five years, who receives $15,000. A much larger relative appropriation is provided in both New York Commissions for expert service and research facilities than in other states. In the recent movement for consolidation among the states the work of regulating public utilities has usually been combined with the regu- lation of all other classes of business corporations. Such a consolida- tion was accomplished in Illinois under the Civil Administrative Act of 1917, the regulation of public utilities, insurance and other corpora- tions excepting banking corporations being placed under the Department of Trade and Commerce. This Department is under the control of a Director of Trade and Commerce who is appointed by the Governor. In addition there is a Public Utilities Commission consisting of five members appointed by the Governor, to act in a quasi-legislative and quasi-judicial capacity. The regulation of common carriers, gas, electric and steam companies operating wholly or in part within the counties of New York, Kings, Queens, Richmond and the Bronx, is vested in the Public Service Com- mission of the First District. This Commission also supervises the pro- tection, elimination and re-arrangement of grade crossings, issues certifi- cates of public convenience and necessity in connection with the construc tion of new railroads, approves assignments or transfers of franchises and = FE on LLG LLIN LOLOL gal ane lagshah ve pra hed BEAU OF GRS ANDO LLECTOICITY Ber Gas LY GbE 8 Gerera/ supervision of Bvreav oyeorees CWE oF Dr SOY 7 SMOKES ‘€ OYPLS VOMERT y PY COMAY FLO FES , SPOVis09 ata reg Hato? OF COMITION ENTIOTI GAS, eleche (7a steam Compa ues (7 MIE Contes CO” prying Gnsater New ‘ork ean CLERK Onp SRE OM Sicerpanr / LPL OM EES + the Sacrerary 13 the executive of fcor | Yt the Corr 35/0 0? @ elas /soey fo PavVarrng treed Supermwor af general edmn- DCT 2 Lior STRAT IO. 0 FRB CNIS ES. Assy Sicecyaey / Lortovtas | _ s Zz Aidhcaly and pshibls regara- "9 fae of) hae Gmnasion (oP al Pri Paknng oe ao’ Ho werd o &nmission and informs ploy oF $V) creel end collating Be hve # corpo (a “el Baat Iga NTI WAM CLERK f lamortes a QS ICE PIR AGENT. FORMAL PIRI TERS 7 WO WATE SS HE CLERK Z2 Le Assr Coumstd — Z & KES SAMLOYEES ze ae 5 Airy aNd proo y Aeirrus!ra fier ef revert eng pebichans poaraten of rain hes cor thf on checong BAL her Seine office roofine hans reports are #ons, hacroal lowers Baden ates of reg 7g. BOOKKEEPING Ws PUES AECOROS LRCHASES OF SUPPLIES Boon xtePer ¢. Séniok CeaK / SVEN OG BANNER fnx0, 5 OPO ES é knplor ees 7 Recoraing ek perid tures Care of ma:/, custody lovhage CUstody and ajar lby- , ey S waphdang pepeater oF nts ari ark aoa GveREPY OF WIS TICS 0 SECOUNTS Geaoe CROSSING reper ss aay ENE LMPLOVEES. a/ Brrespeoawrn @ camplonnés land aavice wyaraing ges qm cechic markers RIO of Lek Ph IC PETE hie Pte JysPe 7 Clare Pate are 778s OTA amanglencolatng anc, and reves? ot accounts ana recoas of come lator of recotads of gator ‘oo ng Cee om pebhe ubity compa res Tron! and aevsere OAPI INI TOR LP OES bresiigaton o. sya Palinsa i aeeey ce Porwes ureter eB 1077 COM mV GSM es COTE, AOLMELENYG STATISTICS. aay Lec Engse 7 areyeical Eng at boagiies New Teor 0 DA wS? SOC $8 OTE epee eo QUEEN OF TEAST JOSPECTION Cer Sa yiS rican 4 Aa Arson Ege 4 EP OF RPRYST JCEM 7 La MOYAS & LIP LOYEES 3 Loy teS az 7 Kyoorn307 of accoyn hy westigahan of grade c7ast/7g ctor of tens cond: iebtoct of AE lie ana! pean arb ormenren ake vera hgaler of Boma Statshcs Pore of, analyses of iA plans and Ipec fications complain ta BOND /SSVES Bilin OF PUBLIC SERVICE COMMISSION mutters, SoconbrenHs Prorahons, Fron sfers, oh. sbr Gm wssan GUREAU OF LLECTRICAL QUENT LISPECTION LUTION ENGINEER / LOR OVEES 12 larestigatian of ekectrical mechancal ana’ Iperaag upmerd of pebble vty tampanes LEIS LA BCKKTOR) nen Accor or Lier Phys eS 7 LOVERS. Z jeden earls Regielaor rd srw dards ane & Arcoy aparece. one maf TERN 0 LE AEC, Mo 4 Sem OP © Ss inspector of trrck and ble and avidary equemen/ OmyIeD Hhos Cmeayr BAxT Sr fAnok Jaspectier of shear pomnetre beaters ORGANIZATION CHALT 700 JHE F°RS7 DISTR CT S7are or WWew Yorn __ a ADMIMSTRATION SECRETARY -/- feooo FMPLOYEES -63-G7 860 To beep o fol record, of All proceeding’ of « @nmission ofall Ss maps, efc.,an of al orders, of the Gmmr\General charge of office of G@mmr. CONSTRUCTION Ene. or Svsnay wsrevcnon-/- LHPLOYEES - Gen.superrision of const ip tiald + acs os Ch Engen. in absence of the Ch. Eng’e 224 Division div Engr. £7000 Lmpe. 7a¥ag422 if Charga of coast. racrien in field (22 DIVISION Div yan. $7000 Emp. 84.9136 755, Crarge of cons? tuction In field TH DIVISION Dir Lya'R. $7000 Lar 106 %6/,7/3 Chargz of an- ‘|strochon in field. TONNEL odivV'KH. RES. ENGR $4000 £m. 877/32 o77 7 Division Se. Asst Nv.EM 209 LMP AE 71,373 Charge of con- Struction in field charge of con- struction of hones * MATERIALS | INSPECTION DIV'IN Gey, IwsP oF M. %e50e fp 32 853, 929 Change of isp of all motectals of Gurst COMMISSIONER- -/ - 45.000 ZONFIDENTIAIL EMPLOYES -2 - S400 To lay out plan and supervise the aonstric- ton of Lapid Transit Railways facluding fgupment and Qperation o bo roads under contract sith th city of New Yorkv. DEPUTY GMMISSIOVER~ 1 - #00 Such a whe gite ep as may be spacitied by He,. Cunisel nem by ori feite tiled in his office OWIEF ENO/INEER~/ - Z 1§, 000 EMPLOYEFS 903-1513 A20 Supervision of al engineer lag work of the @nmrr CONSYLTIN ENSINEERD -/-*/2Z000 Genera rice on knginearing questions ONS | [-oarencr ADSUSTMENTS - FINISH DESIGNS X& DETERMINATI TRACK Div'n bes Fisk. $6000 up «y06,313 GA. of Jes., installs wane supt of centr of track meter Dery. Evak. oF Suawy Gust -/-40000 EM PLOY EES. Generel Supervision of Oas.+ detar minatians + Gar. Engks office wre AasusTM) Charge of dd js of Since DETERMINATION & ELEC. ENGR». ay. noe 94200 Lr. 126 777/804 Ch. of determina- Trens ¥ LElecdt Eauip- ment Inspection DESIGNS -DIVH. Insk tes. #6590 Lp 14) -258.138 charge of designs * exon. of des.» pla é ope ying Srarion FINISH Diy. 265. Engr. #5000 Le, 5899/465 A. of desig’? of Starter sinish, DETERMINATIONS eee A200 MP~ 108 P4347 ch of deter- miaahons organization EaquemT lyseicry ELECT ENGR M4350 LaF. 16 423.977 Fram. of fguip. © Electrical Plans ORGANIZATION CHART. ‘OFFICE OF - TRANSIT CONSTRUCTION COMMISSIONER. QUEER, TOTAL NUMBER PAID EMPLOYEES (ESTIMATED {919 - 1920 4,019. * TOTAL APPROPRIATION PERSONAL SERVICE -EX LUSIVE OF DEFICIENCIES - 1919-1920 464,575.40 TOTAL APPROPRIATION - MAINTENANCE - EXCLUSIVE OF DEFICIENCIES 1919-1920. 55,679. TOTAL APPROPRIATION - CONSTRUCTION & REPAIRS-EXCLUSIVE OF DEFICIENCIES 1919-1920. NONE. TOTAL APPROPRIATION -FOR DEPARTMENT - EXCLUSIVE OF DEFICIENCIES 1919-1920. 520,250.40 * INCLUDES #15000 FOR MEN ON MILITARY SERVICE & %5,358°40 FOR OPERATION OF OFFICE BUILDING. APPROPRIATIONS MADE QUARTERLY BY THE BOARD OF CSTIMATE ON REQUISITION. FIGURES GIVEN ARE FOR THIRD QUARTER OF 1919, & CANNOT BE DEFINITELY GIVEN FOR MORE THAN ONE QUARTER AT A TIME. LEGAL ODEP'T ACCOUNTING DEP'T. CHIEF oF AccOUNTS -/ - #3000 EMPLOYEES 35- 6/028 UPERVISION and auditing o rapid transit costand xperation COUNSEL —- / -~¥%o, 000 Emplorzes - MW - 27,340 Advice and representation i and legislative matters. REAL ESTATE ON TRACTS, CLAIMS CONDEMNATIONS Ass Qn SELS REAL ESTATE CLERK / = *7000 cht ‘ire 2p Avotr oF RAPID TRAWT Avoiror. oF Dissue 4 - F400 ElMp -3-F¥29 #0 OPERATION RETARAS SEMENTS 4 - 4200 EMR4- S500 CONSTRUGCTICS Cx 4 ~~ 4@00 24 -420°28 Charge of £2. censtr: Gost +e op annd rats Adminis TRATION, Bookk££ Ping Agpepieaal of Baccirt t~ 44200 Fshare Cerhhing + accounting of al vouchers, pay rol$ efe.. DIVISION OF CAPITALIZATION To analyze accounts of corporations apply- ing for permission to issue securities. Chief (1) Employees (17) ADMINISTRATION a To supervise and regulate common carriers, gas, electric, steam heating and telegraph and telephone corporations within the State, except such as fall wholly within jurisdiction of first district. Public Service COmmission Law, Chap. 48, Consol. Laws (Chap. 480, Laws 1910); R. R. Law, Chap. 49, Consol Laws (Chap. 481, Laws 1910); Art. 7, Transportat. Corp. Law, Chap. 63, Consol. Laws (Chap. 219, Laws 1909). Chairman (1) and Commissioners (4) $70,133 92 Counsel (1) 10,000 OU f Employees (7) 11,362 SO DIVISION OF STATISTICS AND ACCOUNTS To draft and interpret a uniform system of corporation accounts filed with Commission; to abstract essential points for publication. DIVISION OF ADMINISTRATION General district administration and clerical functions, ] maintaining main office in Albany, and small branch, | with one employee, in Buffalo to receive callers, record disposition of cases and forward complaints to Albany. PUBLIC SERVICE COMMISSION SECOND DISTRICT TOTAL NUMBER OF EMPLOYEES (MARCH 1, 1919), 143 COST OF PERSONAL SERVICE (1917-18) $300,797 32 COST OF MAINTENANCE AND OPERATION (1917-18) ‘65,682 21 COST OF CONSTRUCTION OR PERMANENT BETTERMENTS (1917-18) 116,389 82 TOTAL COST OF DEPARTMENT (1917-18) $482,869 35 1918-19 TOTAL APPROPRIATION — PERSONAL SERVICE, EXCLUSIVE OF DEFICIENCIES TOTAL APPROPRIATION — MAINTENANCE, EXCLUSIVE OF DEFICIENCIES TOTAL APPROPRIATION — REPAIRS, CONSTRUCTION, ETC., EXCLUSIVE OF DEFICIENCIES $329,955 00 92,400 00 100,000 00 GRAND TOTAL $522,355 00 DIVISION OF TELEGRAPHS AND TELEPHONES To inspect physical condition and operation of telegraph and telephone companies in entire State; to make valu- ation of properties and inventories, and to investigate complaints. Maintains main office in Albany and 'pranch office in New York City. : Secretary (1) Chief (1) Employees (14) Employees (37) 47,143 Chief (1) Assistants (9) 13,746 | cause of accidents. DIVISION OF ELECTRIC RATLROADS To inspect all electric railroads outside Greater New York as to physical condition, operation of systems and Chief Inspeotor (1) Assistant (1) iIDIVISION OF GRADE CROSSINGS To examine plans for grade crossings; to inspect con- struction and distribution of cost. Engineer (1) Employees (3) DIVISION OF TARIFFS To regulate rate, fare and charge schedules of common ‘carriers, gas, electric and telegraph and telephone cor- porations, and to examine same as to compliance with laws and Commission's regulations. Chief (1) $4,000 Employees (8) 11,606 DIVISION OF STEAM RAILROADS To inspect road-beds, bridges and’ yards, to investigate accidents and freight congestion; to make valuation of property; io check train move- ments and investigate complaints in regard to ~ passenger service. Chief of Division (1) Employees (11) DIVISION OF LIGHT, HEAT AND POWER To inspect electric and gas plants as to condition and operation; to test meters and quality of gas; to make valuation of properties, and to supervise gas and electric service, and to handle complaints in regard thereto. Chief Engineer (1) Employees (20) 24,707 Depts. or Mentat Hycienz, Cuaririzs anp Correction 208 the abandonment of routes and of change of motor power under the Ra#- road Law. The supervision of the construction, equipment, operation and maintenance of additional rapid transit facilities in the City of New York and the granting of rapid transit franchises as provided for in the Rapid Transit Act, are under the control of a Transit Construction Com- mission, separate from the regulatory Commission of the First District. The Public Service Commission of the Second District is charged with the regulation and supervision of all common carriers excepting steamboat lines, also gas, electric, steam heating and stockyard corporations operating within the State other than those operating wholly within the counties comprising Greater New York. This Commission is also charged with the supervision of the protection, elimination and rearrangement of grade crossings, issuance of certificates of public convenience and necessity in connection with the construction of new railroads, the approval of assign- ments or transfer of franchises, as well as the abandonment of railroad routes. It also supervises and regulates all telephone and telegraph cor- porations operating within the State and assesses physical property of the valuation of $10,000 or over. Each Commission has the power to compel the attendance of witnesses, to regulate the conduct and management of common carriers and trans- portation corporations, to hear and investigate complaints, to approve contracts and leases and to fix standards of heating value, illumination power and purity of gas. Each Commission is required to inspect gas and electric meters, to prescribe uniform methods of accounting, to regu- late the issuance of securities, to require special and periodical reports, to investigate accidents and to take summary proceedings in case of viola- tions of law or the orders of the Commission. Each Commission has a Counsel, Secretary and such experts, inspectors, clerks and other employees as are necessary. The Commission of the First District has jurisdiction over the public utilities operating within the corporate limits of New York City with the exception of the telegraph and telephone companies which are controlled throughout the entire State by the Commission of the Second District. The Commission of the Second District has, of course, general supervision of all other public utilities in the remainder of the State. This Com- mission does not have jurisdiction over the inland waterways of the State which compete with the railroads over which the Commissions have com- plete jurisdiction when not under federal control. The management and control over the canal boat rates are as important in many respects as the exercise of control over the railroad rates. 904 Report oF Reconstruction Commission Proposed Organization The division of public utility regulation between two Commissions has certain obvious defects. The power of the First District Commission does not extend beyond the-corporate limits of New York City. The Com- mission, therefore, cannot regulate the transportation, gas and other util- ities for the metropolitan district outside of the city. In addition the benefit of having a single authority deal with similar or identical prob- lems such as increases in street railway rates throughout the State is lost through having two separate Commissions. It is also worthy of note that the gas and electric utilities throughout the State are controlled by the same interests. There are, however, strong arguments against a consolidation of the two commissions. These arguments were successfully advanced when the Commissions were created by Governor Hughes. They have lost none of their force. There is very strong feeling in New York City that the regulation of its utilities shall be in the hands of a local resident or resi- dents. This sentiment would oppose a single commission with upstate members almost as much as a single commissioner from upstate. The sentiment outside of New York City against interference by a city resident in upstate affairs is not as strong but is not insignificant. The regulatory work in New York City requires the full time of at least one commis- sioner. A commission for the whole State meeting only occasionally in New York City could not be in sufficient touch with the situation there. Moreover it is by no means impossible for two commissions to keep in close enough touch to share experience and reconcile decisions. The overlap of the work of the present commissions upon close analysis does not seem to amount to very much in practice. We are therefore of the opinion that for the present the two district commissions should be maintained. The Public Service Commissions are not organized on the same prin- ciple. If a single commissioner is proper for one commission five are not required for the other, assuming that two commissions are required. Two distinct problems are not recognized in the present organization of the Public Service Commissions, namely, the problem of administrative control and the problem of determining policy and of rendering decisions necessary to proper regulation. Administrative control or executive duties should not be lodged in a board but in a single officer directly responsible to the Executive. The need for boards can be justified only when they function in a quasi-legislative, quasi-judicial or advisory capacity. Administration or the execution of policies should not be entrusted to boards. Since appeal lies to the courts from the decisions of the Public Service Commissions and the Supreme Court of the State Puszric Servicr Commissions 205 may review all acts of these Commissions, it does not seem necessary to provide a board to perform the quasi-legislative or quasi-judicial functions in connection with the regulation of public utilities. Sufficient safeguard has been otherwise provided to warrant the performance of these duties by a single commissioner assisted by his deputies. Rapid transit construction is paid for by the City of New York and the city is a partner with the companies in the ownership of the subways. The Transit Construction Commission exercises in no sense a state func- tion. It should be transferred to the City and the Commissioner should be appointed by the Mayor. It is therefore recommended that the powers and duties of regulation of public utilities be vested as at present in two Public Service Commis- sions to be known as the First and Second District Commissions each under a single Commissioner appointed by the Governor with the ap- proval of the Senate and serving at his pleasure. These commissioners will have two Deputies each. This will involve a complete reorganization of the Second District Commission. The Commissioners and their Depu- ties will have power to act in a quasi-legislative or quasi-judicial capacity either singly or as a commission, but the Commissioner shall be responsi- ble for all decisions. The present First District Commission will be grouped under four bureaus. This will involve a logical consolidation of several existing bureaus. These bureaus will be as follows: Bureau of Light, Heat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. The head of the Bureau of Light, Heat and Power will be the Chief Engineer of Light, Heat and Power. The head of the Bureau of Capi- talization, Statistics and Accounts will be the Chief Statistician. The head of the Bureau of Transit Inspection will be the Chief Engineer of Transit Inspection. The Bureau of Administration will be under the Secretary of the Commission. All of these bureau heads will be in the competitive class under civil service excepting the Secretary. The work of the present Second District Public Service Commission will be grouped under six bureaus. Bureau of Light, Heat and Power. Bureau of Telegraph and Telephones. Bureau of Steam Railroads. Bureau of Electric Railroads. Bureau of Capitalization, Statistics and Accounts. Bureau of Administration. 206 Rerort or ReconstrucTion ComMMISSION There will be Chief Engineers at the heads of the first four Bureaus, a Chief Statistician at the head of the fifth and the Secretary of the Commission at the head of the sixth. All of these with the exception of the Secretary will be in the competitive class under civil service. Each of the Commissions has at present a legal division under the super- vision of a Counsel who receives $10,000 annually. These divisions will be transferred to the Attorney-General’s office in accordance with the recommendation in Chapter 4 of Part II if the Attorney-General is made an appointive officer. Only statutory changes will be necessary in order to bring about these changes in the two Public Service Commissions. Summary of Recommendations. 1. There will continue to be two Public Service Commissions to be known as the First and Second District Commissions each under a single Commissioner appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. Each Commissioner will have two Deputies. The Commis sioner and Deputies in each district may sit as a board or individ- ually in the decision of quasi-judicial and quasi-legislative ques- tions, but the Commissioner will be responsible for all decisions. 3. The present Transit Construction Commission in the First Dis- trict will be transferred to the City of New York and the Commis- sioner will be appointed by the Mayor. 4. The following bureaus will be created in the First District Commission : Bureau of Light, Heat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. There will be Chief Engineers at the heads of the Bureaus of Light, Heat and Power and Transit Inspection, a Chief Statistician at the head of the Bureau of Capitalization, Statistics and Accounts and the Secretary of the Commission at the head of the Bureau of Administration. These bureau heads with the exception of the Secretary will be in the competitive class under civil service. 5. The following six Bureaus will be created in the Second Dis- trict Commission: Bureau of Light, Heat and Power. Bureau of Telephones and Telegraphs. Bureau of Electric Railroads. Pusure Service Commissions 207 Bureau of Steam Railroads. Bureau of Capitalization, Statisties and Accounts. Bureau of Administration. There will be Chief Engineers at the head of the first four bureaus, a Chief Statistician at the head of the fifth and the Depart- ment Secretary at the head of the sixth. These bureau heads with the exception of the Secretary will be in thé competitive class under civil service. 6. The Council and legal staff of both Commissions will be trans- ferred to the office of the Attorney-General if the Attorney-General is made an appointive officer. 7. Only statutory revisions are required to carry out these recom- mendations. Proposed Organization Public Service Commission — First District PUBLIC SERVICE COMMISSION FIRST DISTRICT Commissioner Deputy Commissioners (2) BUREAU OF BUREAU OF Oe On, BUREAU OF (BURRAU OF AND BOWER STATISTICS INSPECTION TION AND POWER AND ACCOUNTS Chief Engineer Chief Statistician Chief Engineer Secretary Rzrort oF Reconstruction CoMMISsIoN / i t i t 208 h Proposed Organization Public Service Commission — Second District | PUBLIC SERVICE COMMISSION SECOND DISTRICT | Commission maar ‘Commissioners (2) BUREAU OF BUREAU 0) BUREAU OF BUREAU OF LIGHT, HEAT TELEPHONES AND ELECTRIC STEAM AND POWER TELEGRAPHS RAILROADS RAILROADS Chief Engineer Chief Engineer Chief Engineer Chief Engineer BUREAU OF BUREAU OF CAPITALIZATION, ADMINISTRA- STATISTICS TION AND ACCOUNTS Chief Statistician Secretary DeparTMEnts or Bawxing anp INSURANCE 209 CHAPTER 14.— DEPARTMENTS OF BANKING AND INSURANCE Present Organization Every state in the Union regulates the banking and insurance business carried on within its borders. In most of the states there are separate banking and insurance departments. In several states the functions of one or the other of these offices are attached to the Auditor, Secretary of State or State Treasurer. A few states have combined banking and insur- ance regulation in one department. Idaho, by the Administrative Con- solidation Act in operation March .31, 1919, placed the separate banking and insurance offices in the Department of Commerce and Labor. In Massachusetts a bill has just passed the Legislature consolidating the banking and insurance agencies into a single department, but as each agency is under an independent commissioner the consolidation is merely nominal. Illinois has recently merged insurance in the Department of Trade and Commerce, but since the regulation of banks is placed under the Auditor of Public Accounts, who is a constitutional officer, and the Administrative Code of 1917 only consolidated statutory offices, the plan to include banking in the new inclusive department was not carried out. The report of the Consolidation Commission of Oregon to the 1918 Legislature recommended that banking and insurance functions be con- solidated in the proposed Department of Trade and Commerce. The present control over the banking and insurance companies doing business within the State of New York is exercised by two independent departments — the Banking Department and the Insurance Department. At the head of each is a Superintendent appointed by the Governor with the consent of the Senate for a term of three years. The Banking Department is charged with the general supervision and control of banks, trust companies, savings banks, investment companies, safe deposit companies, personal loan companies, savings loan associations - and credit unions operating under the laws of the State. It prepares an annual digest of the reports of the various financial institutions of the State and submits a summary of it to the Legislature. The Banking Department maintains offices in Albany and in New York City. The greater part of its work is in the latter place and it is divided among four bureaus: Bureau of Credit and Verification. Bureau of Private Bankers. Bureau of Liquidation. Bureau of Examination Division. 210 Report oF Reconstruction ComMIssion In the Albany office there is a Bureau of Savings and Loan Examiners, There are four Deputy Superintendents and one Special Deputy. The Insurance Department also maintains two main offices, one at Albany and the other at New York. There is a Deputy Superintendent in charge of each office. The work of the department is divided among the following bureaus: In Albany: Administration Bureau. Bureau of Accounts. Actuarial Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Statistical Bureau. Printing and Purchasing Bureau. In New York City: General Administrative Bureau. Workmen’s Compensation Bureau. Audit Bureau. Underwriters Association Bureau. Brokers Licensing Bureau. Liquidation Bureau. Stenographic Bureau. Examining Bureau. There is also a Counsel to the Superintendent. This Department is charged with the execution of the laws of the State relating to insurance and insurance companies. It has supervisory con- trol over all insurance companies such as life, health and casualty com- panies, fire and marine companies, mutual employers’ liability and work- men’s compensation companies and fraternal benefit societies, also brokers and agencies transacting business within the state. It has the custody - of the securities of life and casualty companies of the State and of other foreign countries and of fire and marine insurance companies of foreign governments deposited with it for the protection of policyholders residing in the United States. The Department assesses and collects taxes on for- eign insurance companies doing business within the State. It also exam- ines into the affairs of corporations, associations, societies and orders, transacting, controlling or organizing an insurance business in the State; receives reports under oath at regular intervals from such organizations, abstracts of which are sent in the annual report of the Department to the Legislature. The Department acts as attorney for insurance companies organized under the laws of other states or countries in order that BANKING DEPARTMENT TOTAL NUMBER OF EMPLOYEES (MARCH, 1919) --- 87 COST OF PERSONAL SERVICE --(1917- 18) -------°> 226,067.06 COST OF MAINTENANCE AND OPERATION (1917-18)--: 35, 733-64 TOTAL COST OF DEPARTMENT--(I917-18) ------» 263,800.70 BANKING DEPARTMENT To supervise al] banking Instdtutions of the State by means of porsodical axaminations, and TOTAL APPROPRIATION-PERSONAL SERVICE-EXCLUSIVE OF a suenter ey and other reports submitted by DEFICIENCIES 19]8-19 ee 284, 100. 00 ee onsh gtok na wienalat - [TOTAL APPROPRIATION OF MAINTENANCE EXCLUSWE OF oe ee DEFICIENCIES 1918-19----- 50,000.00 Suyerbutendent (2) 10,00 TOTAL APPROPRIATION FOR DEPARTME NT-EXCLUSIVE OF DEFICIENCIES 19)8-19--- 334,100.00 First Deputy Suporintondent (1) 6,000. ALDANY OFFICE To mako final examination of applications for organization, otc., to issue certificutes of authorization; to examine quarterly, somi- ennual and annual reportd,and directors ro- porte, and to compile annual report. Stat. Chap. 369, Sec. 13, Lawe of 1914; Chap. 2, Art. 2, Sec. 13, 22, 24, 42, 52. Third Deputy Suporintondent (1) $5,000. Employees, including one Examiner on por diem compensation (9) NEW YORK OTFICE To examine all financial inatitut{ions other than savings and loan associations, to liqui- date defunct institutions; to maintain record of Joane; to valuate securities held as in- vestments by banke; to verify balances and check reeerves. Stat. Chap. 369, Sec. 13, Laws of 1914; Chap. 2, Art. 2, Sec. 13, 39, 5 9. Second Deputy Superintendent (1 Employees (4) 16,900. SNVINGS AND LOAN EXAMINERS To examine savings and loan associations and compile annual reports of such associations. Stat. Chap. 369, Sec. 13, Lawes of 1914, Chap. 2, Art. 2, 10, Sec. 13,23, 375-420. LIQUIDATION BUREAU To liquidate assets of minor banking institu- EXAMINATION DIVISION To examine all banking institutilone, except savings and loan associations and private benkers. (Fxaminers occastonally act as Special Deputy Superintendents in liquidat- ing aseets of bankrupt institutions.) BUREAU OF CREDIT AAD VERIFICATION PRIVATE BANKERS BUREAU To maintain credit data affecting banks and their borrowers; to verify book balances, to check reserves and valuation of securities. To oupervise and regulate private bankers as to organization and operation. Stat. Chap. 369, Sec. 13, Laws of 1914; __Chap. 2, Art. 2, 4, Seg. 13 Fourth Deputy Superintendent Pmployecs (7) Stat. Chap. 369, Sec. 62, Laws of 1914; Chap. 2, Art. 2, Sec. Stat. Chap. 369, Sec. 13, Laws of 1914; Chap. ZArt. 2, * Paployees, {ncluding 2 Fxaminers, on per diem compensation (7) $14,900. “Special Deputy Superintendent (Salary is paid from assete of institutions which he te liquidating) "Examiner at $15. per diem when not employed as Special Deputy. Stat. Chap. 369, Sec. ,» Laws of 1914; Chap.2 rt. 2, Sec. 1. 15, 39, 40. * Examiners per diem compensation Total estimated (50) $182,120. Stonographer (1) 1,700. *Includes Chief Examiner @ $18. per diem. * Includes Examiner In charge of bureau © $15. per diem. DerparrMents or Banxine anv InsuRANCE 211 process in any action or proceeding against such companies may be served promptly. It values annually all outstanding policies, additions thereto, unpaid dividends and all other obligations of every insurance corporation doing business in the State. The Department is empowered in certain cases, after due process of law, to take possession of an insur- ance company and conduct its business. Finally, the Department is required to refuse admission to any company, corporation or association applying for permission to transact insurance business whenever it shall be for the best interest of the people of the State. The most important question of organization which can be raised with respect to the present Departments of Banking and Insurance, apart from questions of their internal organization or efficiency, is whether the two departments should be consolidated. Careful analysis indicates that the work of the staff examiners and auditors of the two departments, though related, could not be combined so as to bring about any economy. The staffs are not in any sense inter- changeable. Only a very few trust companies are required to report to both departments and are, therefore, subject to the supervision and regula- tion of two independent administrative agencies. The economy which would result from consolidation by the reduction of overhead expenditures is too small to be worthy of consideration. Each Superintendent of the present departments receives a salary of $10,000 annually. By consolidation one of these could be eliminated. At the present time each department maintains offices in Albany and New York City. One office, but a much larger one in each place, would be sufficient were the departments consolidated. It appears therefore that the only purpose to be served by consolidating the two departments would be to reduce the total number of executive departments by bringing together two necessarily separate but related functions. It seems to us that the advantages to be gained are too small as compared with the obvious disadvantages of combining two agencies, each functioning satisfactorily in an important and growing field. Proposed Organization It is recommended that the Departments of Banking and Insurance continue with all of their present functions with the exception of the assessment and collection of taxes on foreign insurance companies which will be performed by the proposed Department of Taxation and Finance. It is proposed that the Governor shall have power to appoint with the consent of the Senate, and remove the heads of these departments, who 212 Reporr or Reconstruction CoMMIssION will be called the Commissioner of Banking and the Commissioner of Insurance. The Commissioner will hold office at the Governor’s pleasure: instead of for three years as at present. No change is proposed in the present bureaus of the Department of Banking. There will be only two Deputy Commissioners, to head the Albany and New York offices). The bureau heads will be known as Chief Examiners and will be in the competitive class under civil service. The Department of Insurance will include the present functions except- ing taxation of foreign companies. The internal organization of the present Department will be simplified by various consolidations. There will continue to be two Deputy Commissioners. It is recommended that there be the following eight bureaus: Bureau of Administration. Actuarial Bureau. Audit Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. The Bureau of Administration will include the present Bureaus of Administration, Statistics, Accounts, Printing and Purchasing of the Albany office and the General Administrative and Stenographic Bureaus of the New York office. The Actuarial Bureau will include the Actuarial Bureau of the Albany office and the Workmen’s Compensation Bureau of the New York office. The Audit Bureau will include the Audit Bureaus of the New York office. There will be a Director at the head of the Bureau of Administration, a Chief Actuary at the head of the Actuarial Bureau, an Auditor at the head of the Audit Bureau, Chief Examiners at the head of the other / Bureaus excepting the Examining Bureau which will be under a Deputy Commissioner whose immediate assistants will be Chief Examiners. All these positions will be in the competitive class under civil service, with the exception of the Deputy Commissioner. It is proposed to transfer the Counsel for the Insurance Department to the Attorney-General’s office in accordance with the recommendations in Chapter 4 of Part IT. JUPERINILTADENT. OF TASURAA CGE To control end supervise insurance companies traneacting business in the State, life and casualty companies of State and thoge of ° other countries, and fire and marine insurance companies of foreign governments; and to hold the securities of euch companies for the pro- tection of policy-holders in the United States; to review the facts with the insurance companies who are organized under the laws of other States or countries, and are required to obtain renewals of.their authority from the superintendent each year; to’ refuge ad- mission to any company, corporation or association applying for permission to transact Insurance business in the State, whenever such refusal to adait shall best prowote the interests of the people of this State, to prohibit such companies fram transacting husiness in the State until they have, in writing, appointed the Superintendent tobe the attorney of the company im and for the State, upon whoa Process in any action or Proceeding maz be served; to wieit and exemina the companies, corporations and aésociations under thé super- va 5 i ----> Stat-Chap. 26,Art- 1,Sec.2-5, 24 Fd. Cons.Laws. Superintendent (1) $20,000 * No specific reference to the counsel. Confidential Secretary (1) 2,100. Counsel (1) 5,000. ALBANY OFFICE FIRST DEPUTY SUPERINTENDENT ADMINISTRATION BUREAU ] | = BUREAU Of ACCOUNTS. =| To have charge of 611 departzental acccunts (including taxes collected under express provi- sions of law, Secs. 33,24) and a]l disbursements, Fayrolls, examiners’ expense dills, bills in connection with the appraisals of realty, etc. pass through the Buresu ef Accounts. ¢. To file ard record companies’ papers, dharters, etc-; to exanine, record and file companies’ charters and amendments on organization and admission; to receive and re- cord correspondence; to copy and meil letters; to index and file correspondence; to Yecord service or preces¢ and granting admission of service on behalf of foreign cor- porations; to file orders for various documsnts(certificates of compliance, deposit, corporation, valuatiom, otc-}; to be in charge of all deposit securities amounting to $49,670, 666.29, emohamges in deposit securities. and collaction of interest thereon. Secs. 4, 9, 10, 13, 24, 20, 26, 29, 39, 31, 32, 35. 70, 71 110, 1590, 170. Stat. Chap. 28, art. 1, Sec. 5. -Depaty Superintendent Q) $6,500. Ch$ef Clerk (2) 3.000. Employees (16) Stat. Chap. 28, Accountant Frployees To valuste policy chligations (Sec.84); to make collateral inheritancé valuations (Sec3.230- 231,Chap.62,Lave cf 1509, with eaendments); to have charge ef correspondance with reference ta life policies (Sec. 28,89, atc.); to record electicn$ in life companies (Sec. 94 Ine.Law, Sec. 25,Char. 61, Laws of 1909); to record change in stock-holders of life ccorpanise (Sec.32, €nap-61,Lews of 1929); to exazina life and health end accident policies issued in this State to deterzine whether etandard provieiorns are embodied therein (Sec. 101,101-b,107). Stat. Chap. 28, Art Sac. $ tuary 1) $5000. Expleyees 19,850. (In the Bureau, as part of the general administration branch, is imoluded the Dipartmem Counsel. There wre also placed in this Bureau, three confidential investigators, two of whom are asdigred to the New York office.) CO-OPERATIVE FIRE AND LICENSING BUREAU To license ell agents, btokers, and fire adjusters (Sec. 50,91,9la, 13a, 142, 143); to re- cord a]] Bleyds Asscciatgons and changes in uncerwriters(Art. X); to generally supervise mutual fire companies ef ether states,tc exexine pepere om applicaticn for admissicn (Sec. 149) to examine papers of ru‘wal autocebile, fire, erd casualty corporations om crgsrization and adaission(Art. 10e, 10b) to super¢ise town and county cooperative fire compenios;to exarire thelr policies;to exasixe their fimancial conditios(Art-IZ); to license corporations and ix- cividuals te Li atock of unauthorized insurance corperaticne (Sec.€6). Stay. Chap. 28, Art. 1, Chief Q Exployees STATISTICAL BUREAU To prepare statistical tables and abetracts from annual statements for annual department al reports; to prepares aanuel statement blanks end furnish them to companies(Sec.44 & 46) t€ keep recards of al] annual statements filed with department by al] insurance cerpora- tiens deimg business in Wew York State; te prepare ether statietical data as required; te audit capitel statezents (Sec. 27); te verify capital investments (Sec. 16)- Te supervise fraternal and assessment insurance corporations as required by Art. VI erd Vil of the insurance law; to examine papers on organization and application for adcicsion. Nete - The Chief ef this bureau assists in the general administration bureau, has charge of deposite and exemination of charters on organization and emendment. Stat. Chap. 28, Art. 1 Sec. §,242,243. Chief $3 Euployees 8,000. Bmpleyese ind thoge of ° other for the pro- - the laws of refuge gd- Whenever such ng husiness in ite, upoR whoa ler tha super- $20,000 2,100. 5,000. To have charge cf a1] printing and engraving for da~ partment,and al) proc#-reading for annual rasort te the Legiolature (See. 46); te print various forms ef annual statement blarks (Sec. +4); te propare raperte cf sxauinations, to Frepare various ferse of cortifi- ceres Tequired by the diferent bureaus, corporation certificates, cartificates of depcsit, cortificafee sf compliance, egency certificates and circular let- ters, brokers’ epplications, Drokera' cartificates, et: to ship annual rezortS, stc-; to mail special reports and bulletins; to purehase supplies end equipzent for deyartnent. GENERAL ADMINISTRATIVE BUREAU Te be in charge of, and perform the duties of e generel aduinistrative cherecter evpertaining te the buroe: eat New York. Stat. Chap. 28, Art. 1, Sec. Be5. Second Deputy Siperintendert Expleyees Te sspervise corporatione writing Worsnen's carpensaticn inéurerce, to review coapensa- ticn rateé ea to edequacy; to perforce «11 duties ;laced uren the depertcent by the In- @urance Lew ir conrection with workce:'s compensa‘‘on ingurence (Sec. 67). AUDIT BUREAU To examine and audit all annual amc quarterly statemente;to transmit all estate rnente to Albany when audited;to correspond with companies regarding audit of their etatenents;to reoord security holdings cf companies for preparation of the valuation pamphlet iesued annuslly,carryirg some forty thousand securities in wsich companies have invested. (The valuation pamphlet ie iesvec under authority of the National Convention of Ineurarce Commiseicners.The expense of publication is distfibuted among the various etate ineurance dep:rtments.The work involved in connection oot performed by the New York department through its Audit Bureav. To audit the etatemernte in eccorcence with the Insurance Lew (Sec.16,18,22,24, 36,46,97,100,103, To determige whether the securitics owred ere legal inveatments for insurance comparies,and in the case of life companies,whether the bonds are amply secured for amortization purposes. Stat.Chap.28,Art.1,8ec.6, 149A, 161, 192,202,242, 252,327,347. Auditor and Assistant Actuary. {2} $5,000. Employees. 9 11,490. UNDERWRITERS ASSOCIATION BUREAU "To examine and eupervise rate-making and allied associations(Sec.139- 140-141);to investigate complainte relative to rates covering all classes of insurance other than life end marine;to prevent unfair discrimdnation(Sec.141);to eupervise the rating practices of fire and casualty co:panies and to review euch rates generally. BRO een men nw nn eer me nme meen meen mee ne nme ne cee n nn ewe nr cee Stat.Chap.28,Art.1,3; Sec.3, 139-141. et en ee mn wn ww ree cnn nnn ce cee nn nn ewe eee wee wen ene ncce Chief Bxaminer {2 00. Employees 3 70. ALW YORK. OFFICE SECOND DEPUTY SUPERINTENDENT INSURA TOTAL NOMBEF COST OF PERSONA COST OF MAINTEN TOTAL COST O TOTAL APPROPRIATION: PERSONAL SERVI TOTAL APPROPRIATION MAINTENANCE. - TOTAL APPROPRIATIONOR DEPARTMENT: BROKERS DIVISION OF LICEA To cooperate with the "Cooperetive Fire end Lifs upen all applications fer brokers’ licenses nade port thereon te Albany before zhe licenses are j Stat. Chap. 26, srt. 1,3, Sec. 5, $8, 143. Exezirner Exployees LIQUIDATION Te represent the cepartrent in liquidation ef ir the Insurence Law, to have charge of compenies t Stat. Chap. 2 Art. 1, Sec.4h, 63. 2 - tl. Chiet Q This bureau is of no expense to the State outel & part of which mey be refunded by coxpanies it STENOGRAPH To furnish stenographers to the various bureaus Teports on examinaticns; to furnish stenographe the Superintendent of Insurance. Stat. ap. 28, Art. 1, Sec. 5 Exployees ( EXAMINING Te direct the work of the four divisions. ments,with chief examiner in charge of ea from the roster of the bureau as the char chief examinere are so trained as to take periodical examinations of insurance comp to examine life and casualty companies at at least every five years; and to make mo require same; to make examinations occasi suthorized in New York,such examinations, of the other state department which may n in this bureau are in the Refund Appropri tion are billed for the actual services o examination of the company.When exam§ners ing expenses and hotel bills,the amounts ies.) Sec.39. Stat.Chap.28,Art.1,Sec.5,39, Art.2,3,5A,€ 63,91,91A, 142,143, 192,307,243, 244, 267, 32 Chief Examiner, Lifé Division Chief Examiner,Fire Bivision Chief Examiner,Casualty Division Chief Examiner,Fraternal and Assessment Examiners and Assistant Examiners * The Chief Examiners, in addition to su; called upon to conduct voluminous corres} with company officials,and to generelly s department and the regulations of the bus (ISTRATIVE BUREAU @ of @ genere)] adzinistrative cherecter eppertaining OMPENSATION BUREAU n'e@ cacporéaticn inburerce, to review cowpensa- 1 duties ;laced uran the depertcent by the In- compensa’ ion ineurerce (Sec. 67). Co. 6,250. BUREAU quarterly statemente;to transmit ail etate espord with companies regarding audit of holdings cf companies for preparation of ly,carryirg some forty thousand securities under authority of the National Convention pense of publication is distfituted among tmente.The work involved in connection y the New York cepartment through ite Audit ce with the Ineurarce Lew (Sec.16,18,22,24, owreé are legel investments for insurance ompanies,wnether the bonde are amply secured 92,202,242,252,327,347. {3 $5,000. 9 11,490. SOCIATION BUREAU making and ellied associations(Sec.139- ints relative to rates covering all in life and marine;to prevent unfair perviee the rating practices of fire review euch rates generally. NALW YORK. OFFICE SECOND DEPUTY SUPERINTENDENT INSURANCE DEPARTMENT TOTAL NUMBER OF EMPLOYEES (MARCH I, 1915} 180 COST OF PERSONAL SERVICE (1917-18) -------- $332,152.16 COST OF MAINTENANCE AND OPERATION (\917- 18)- 73,804.34 TOTAL COST OF DEPARTMENT (I917-18)-----$405,956.52 TOTAL APPROPRIATION PERSONAL SERVICE-EXCLUSIVE OF DEFICIENCIES 1918-1919. $ 364,720. 00 TOTAL APPROPRIATION -NAINTENANCE -EXCLUSIVE OF DEFICIENCIES © 1918-1919 124.550. 00 TOTAL APPROPRIATIONFOR DEPARTMENT EXCLUSIVE OF DEFICIENCIES 1918-1919 $ 489,770. 00 BROKERS DIVISION OF LICENSING BUREAU (BRANCH) To coopsrate with the "Ccoperetive Fire end Lifs Insurence rea.” at Albany; =o gase upon all applications fer brokers’ licerses zade by re te of New York City,and to re- port thereor te Alrany before licensee cre issued ( LIQUIDATLON BUREAYV Te represent the cerartreat in liquidation ef insurance ceryoreticns uncer section 63 of the Ingurence Law, to heve charge of compenies taxen over Ly cepartrent under this section. Stat. Chap. 28, Art. 2, Sec-4k, 63. t- Chief GQ) This bureau is of no expense to the State wuteide of the salery of the chief, & part of which rey be refunded by companies it liquicatien. STENOGRAPHIC BUREAU To furnish stencgraphers to the variozs bureaus as required by bureev chiefs; te prepere Teports on examinaticns; to furnish sterographars to taka minutes at hotrings held tefcre the Superintendent of Insurance. + Chap. 28, Art. 1, Sec. Expleyses EXAMINING BUREAV Tce direct the work of the four divisions-life,fire,casualty ard fraternal assezs ments,with chief examiner in charge of each (®8nch chief examirere ere furnished from the roster of the bureau as the character of the work requires. Aseietant chief examinere are so trained ae to take charge of an exazination)® To make periodical examinations of insurance companies in accordance with Insurance Law; to examine life and casualty companies at least every three years,fipe companies at least every five years; and to make more frequent examinations if conditions require same; to make examinations occasionally of compamies of other states authorized in New York,such examinations, however,being made only at the requeat of the other state department which may not have equal facilittee.(All employees in this bureau are in the Refund Appropriation Account.Companies under examina- tion are billed for the actual services of the examiners when engaged in en examination of the company.When examfners leave New York,they are ellowed travel-| ing expenses and hotel bills,the amounts of which are collected from the compan- ies.) Sec.39 Stat.Chap.28,Art.1,Sec.5, 39, Art.2,3,5A,6,7,10,10A, 108. Seote.7,18,25,40,43,52, 63,91, SIRs 142,143,192, 307, 243, 244, 267, 327, 347. Chief Bxeminar: Lifé Division 1 $6,000. Chief Examiner,Fire Bivision 1 6,000. Chief Examiner, Caeualty Division 1 5,500. Chief Examiner,Fraternal and Assessment 1 6,000. Examiners and Assistant Examiners 43) 112, 100. * The Chief Examiners,in addition to supervising examination worB,are also called upon to conduct voluminous correspondence and to have numerous interviews with company officiale,and to generelly adviee them as to the policy of the department and the regulations of the busiiess. Departments or Banxine anp Insurance 213 . Summary of Recommendations 1. The present Departments of Insurance and Banking will be continued as separate departments. 2. Each of the proposed Departments will be under the control of a Commissioner, who will be appointed by the Governor with the consent of the Senate, and will hold office at his pleasure. This will extend the term of the Commissioner from three to four years. 3. The Department of Banking will be divided into the same bureaus as at present, each under a Chief Examiner in the com- petitive class under civil service. There will be only:two Deputies, one assigned to the Albany office, and one to the New York office. 4. The divisions of the Department of Insurance will be con- solidated into eight bureaus. Bureau of Administration. Actuarial Bureau. Audit Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. There will be a Director at the head of the Bureau of Adminis- tration, a Chief Actuary at the head of the Actuarial Bureau, an Auditor at the head of the Audit Bureau, and Chief Examiners at the head of the other bureaus excepting the Examining Bureau which will be in charge of a Deputy Commissioner whose immediate assistants will be Chief Examiners. All of these positions with the exception of that of Deputy Commissioner will be in the competitive class under civil service. 5. The Counsel to the Insurance Department will be transferred to the office of the Attorney-General. 6. Only statutory changes will be necessary in order to carry out ‘these recommendations. 214 Rerort or Reconstruction ComMMission Proposed Organization of Department of Insurance DEPARTMENT OF INSURANCE Commissioner, 2 Deputy Commissioners BUREAU OF ACTUARIAL COOPERATIVE FRATERNAL AND ADMINISTRATION BUREAU FIRE AND ASSESSMENT |, LICENSING BUREAU BUREAU Director Chief Actuary Chief Examiner Chief Examiner AUDIT EXAMINING LIQUIDATION UNDERWRITERS’ BUREAU BUREAU BUREAU ASSOCIATION BUREAU Auditor Chief Examiners Chief Examiner Chief Examiner DerpartMENTS oF Banxina AND LysuRANCE 215 Proposed Organization of Department of Banking DEPARTMENT OF BANKING Commissioner 2 Deputy Commissioners BAVINGS LIQUIDATION EXAMINING BUREAU OF PRIVATE AND LOAN UREAU BUREAU CREDIT AND BANKERS VERIFICATION BUREAU Chief Examiner Chief Examiner Chief Examiner Chief Examiner Chief Examiner 216 Rerort or Reconstrvction Commission CHAPTER 15.— DEPARTMENT OF CIVIL SERVICE. Present Organization The Civil Service Commission is charged with the administration of the State Civil Service Law and rules. It is the agency for making effective the constitutional provision that government employees shall be selected and promoted so far as practicable, by open competitive examination. Its work includes the establishing of eligible lists from which civil service employees are selected, the supervision of the transfer, advance- ment and promotion of employees on the basis of service records, the hearing of appeals from the rating of examinations, against discharges or suspensions, etc., the preparation of rules to carry into effect the Civil Service Law, the approval or veto of rules and classifications adopted by municipal commissions and the supervision of municipal commissions and removal of municipal commissioners with the approval of the Governor. The Commission consists of three members. The President receives a salary of $5,000 a year and the other two Commissioners $4,000 each. The Commission, in addition to its administrative duties, per- forms certain functions of a legislative and judicial nature as noted above. The office of the Commission is organized for administrative purposes into an Administrative and an Examination Division. The Administrative Division, under the Secretary, who receives $4,000 a year, handles the general correspondence of the Commission, keeps its official records, including the roster of state employees and the lists of eligibles, makes certifications and records appointments. examines all state and county civil service payrolls to see that employees have been selected in accordance with the Civil Service Law, supervises the effi- ciency record system, and in general performs all routine administrative work other than that involved in holding examinations. The Examination Division, under a Chief Examiner, who receives $3,600 per annum, holds examinations for entrance and promotion, and performs such related work as investigation of experience and character. Like most state civil service commissions, the energy of the New York State Commission is largely devoted to the establishment of eligible lists from which appointments are to be made by the various state and county agencies and to the effort to make merit and not political influ- ence the basis of selection in the civil service throughout the State. Due primarily to inadequate funds and personnel even this work has not been developed to a point which is now expected of more progressive commissions. The Commission has not been able to act in a con- DIVISION OF ADMINISTRATION To assist the secretary in tho administration and execution of the Civil Service Rules, coertifica- tions from eligible lists, certifying of payrolle, etc., and to act a6 secretary in the latter's absence. Other Employees (17) 16,940. Stat. Chap. 7, Art. 2, Sec. 4, 10, 19- Assistant Secretary (1) }2, 500. CIVIL SERVICE COMMISSION To devise rules and regulations governing Civil Service, to enforce the Civil Service Law in @ll municipalities, to conduct hearings, otc. Const-art. 5, Sec. 9, Stat. Chop. 7, Art. 2,3, See. 3-6, 46, 47. __ President of Commisvion (a) $5,000. 7 Commissioners (2) 8,000 ADMINISTRATION. To administer and execute the Civil Service Rules and Rogulations; to make certification from eli- gible liste; to cartify payrolls; to compile the annual report; to file records, ete. Stat. Chap. 7, Art. 2, Sec. #0 Secretary Qi) $4,000. CIVIL SERVICE COMMISSION TOTAL NUMBER OF EMPLOYEES ( MARCH 1, I919)- - 40 COST OF PESSONAL SERVICE (3917-18) 67,420 COST OF MAINTENANCE AND OPERATION (1917-18) 14.615. 55 TOTAL COST OF DEPARTMENT (917-38 2,033. $5 TOTAL APPROPRIATION-PERSONAL SERVICE- EXCLUSIVE OF DEFICIENCIES-1918-12. ...71,840.00 TOTAL APPROPRIATION: MAINTENANCE - EXCLUSIVE OF DEFICIENCIES-1918-19_ _ ..24,000.00 TOTAL APPROPRIATION FOR DEPARTMENT-EXCLUSIVE OF DEPICIENCIES-1918-19. _ 95,840.00 DIVISION OF EXAMINATION. To prepare foruused in examinations; to prepare and rate questions; to conduct written and oral examinations; to file examination records,to rate experiance papers;to ship and check papers to examination points. Stat. Chap. 7, Art. 2, Sec. 4 14, 19. Chief Examiner 1) $3,600. 1 Other employees (17) 22,200. shauoryey Fy giyiee cet ge tphsad acter . imme de, oF Oee e! | sat ana N RANMA TRA NOES pet nner pam meme gin Sc DerpaRTMENT oF Crvit SERvicE 217 structive way in the development of efficient administration throughout the State. The State should not attempt to save money at the expense of efficiency. Better methods of selecting and advancing employees will result in higher standards of service. Proposed Organization of the Commission One of the greatest obstacles in the way of effective administration is the division of responsibility resulting from having three Commissioners as the executive heads of this agency. All of the Commissioners do not give full time and there is not enough work for more than one full-time Commissioner. It is, however, essential that a distinction be made between the admin- istrative work of the Commission which should be directed by a single head and the quasi-legislative and judicial work which requires a board. It is, therefore, recommended that one Commissioner shall be designated by the Governor as Chairman and shall have entire responsibility for the administration of the Department. He will be paid a salary large enough to attract a capable executive. For the quasi-legislative and judicial functions there will continue to be a board of three Commissioners appointed as at present, but the two Commissioners other than the Chairman will be limited in their duties to other than administrative questions. The board will meet weekly, special meetings to be held as necessary to consider only such matters as the amendment of rules, hearings and appeals, suspension of competition for particular positions and other usual calendar items. Not having any administrative responsibilities and not being required to give full time to the work, the two additional commissioners will receive a nominal salary and their traveling expenses. The Commission will be organized as at present with two main units, - to be known as the Bureau of Administration and the Bureau of Examinations, The Secretary, who will also act as Secretary of the Board will continue as the executive officer of the Bureau of Administration and no essential change in its organization is proposed. It should, however, be adequately equipped to do its work, and it is most important that efficient methods and procedure for handling its routine work be developed to place the Commission on a business basis. This contemplates the provision of adequate furniture and equipment, the allotment of additional office space, the introduction of standard forms, labor-saving office machinery, efficient filing methods, ete. 218 Rerort or Reconstruction CoMMISSION The functions of this division fall into five main groups and the work will be divided accordingly: => 1. Receipt and handling of applications. This is now done by the Examination Division but properly belongs here. 2. Making certifications and recording appointments. 3. Handling mail, including notices to candidates; filing cor- respondence and keeping up rosters, card indexes and other files. 4, Examination of all state and county civil service payrolls, and audit of Civil Service Commission office accounts, purchases and supplies, 5. Stenographic. The stenographie force should be centralized and made available to the whole organization as needed. On the work of the Bureau of Examinations depends the whole civil service structure. At present it is entirely inadequate in personnel and methods for the work which it should accomplish. Because of lack of funds its force of examiners is too small to do more than barely keep up with the demands for eligible lists). The nine positions of examiners carry inadequate salaries, thus making it difficult to secure and retain the proper kind of personnel. Medical examinations and supervision of the operation of the service record system are not provided for. The administration of this Bureau requires the services of a Director of Examinations. It will be the,first duty of this Director to represent the Department in the development of a new classification.* The salary of this position should be sufficient to attract a first rate man. This Bureau will be organized with three principal divisions: Division of Examinations. Division of Medical Examinations. Division of Service Records. The Division of Examinations will be in charge of a Chief Examiner and will be charged with planning and holding examinations and prepar- ing eligible lists. More examiners are required, including specialists for engineering and other technical positions. The permanent examiners should in all cases be men of broad education and experience, qualified to maintain contact with the departments in addition to working at their desks on the preparation and rating of examinations. Consideration should be given to the possibility of using the examining machinery of the Depart- ment of Education for all routine clerical examinations. * See Chapter 1 of Part II, and Chapter 1 of Part V. Department or Crivit Service 219 The employment of the right kind of personnel in sufficient numbers to be effective will make possible a general improvement in the standards of all examinations. It is necessary to develop new types of examina- tions for high grade positions, extend the use of oral and practical tests, give a new significance to promotion examinations, investigate with care and completeness the character and experience of applicants, give more care to rating, give more attention to the recruiting of properly qualified applicants by the development of mailing lists and other suitable methods of publicity, and to hold examinations for the staple positions more frequently. As in the case of the Bureau of Administration, there is a need of new equipment and the introduction of modern business methods, with particular reference to planning and control of the progress of examinations. The Division of Medical Examinations will examine all applicants for appointment. A Supervising Medical Examiner will be employed on full time to set up physical and medical standards for each position and to supervise examinations. These examinations must necessarily be made by special medical examiners employed wherever and whenever needed for this purpose. Records will, however, be centralized, a definite pro- cedure established, standard forms, uniform test materials, such as charts and weights, will be used and control of examinations will be continually maintained through the Supervising Medical Examiner. The extension of medical examinations is particularly necessary in view of the probable extension of the pension system, and it may even be advisable to offer to state employees the benefit of periodic medical examinations, such as are afforded by the Life Extension Institute. The Division of Service Records will operate the service and efficiency record system. This involves an organization of suitable agencies within each department for the maintenance of just ratings, the establishment of boards of review on which both the Department and the Commission are represented, and the assignment of examiners to keep in touch regularly with certain departments, to attend all meetings of promotion boards and to become thoroughly acquainted with the work and personnel of such departments. The same examiners will cover the same departments as far as practicable for purposes of promotion and other examinations. In addition to bringing the Commission in close touch with the problems which it must assist in solving, this method gives the examiners a greater interest in their work, a broader outlook and a knowledge of actual depart- ment conditions. Examiners who are chained to their desks and per- mitted to make only occasional field investigations soon become stale. The Division of Service Records will be under a Supervising Examiner 220 Report oF Reconstruction CoMMISSION whose immediate work will be to further develop and install a modern system of service records and to arrange for their application to promo- tions and increases. The use of service records to determine increases must be worked out in connection with the application of the new classi- fication. It is contemplated that so far as possible the regular examiners in the Division of Examinations will be assigned as assistants to the Supervising Examiner of Service Records. The Director of Examina- tions will arrange for the proper division of the examiners’ time between the Division of Examinations and the Division of Service Records. Departmental Management of Personnel It is recommended that each large department appoint a Personnel Manager with the following duties: Employment and assignment of personnel under civil service regulations. Handling of changes of status, 7. e., promotions, transfers, resignations, discharges, etc. Making of reports to the Commission on personnel matters, including statistical reports. Cutting down labor turnover. Development of welfare activities, such as recreation, social activities, ete. Supervision of health matters (e. g., following up absences, securing medical assistance for sick employees). Initial preparation of personal service budget. Supervision of service record system (should be secretary of depart- mental board). Contact with Civil Service Commission and cooperation with examiners assigned to the department. Summary of Recommendations 1. There will be a Department of Civil Service. At the head of the Department will be a Chairman designated by the Governor who will receive an adequate salary and will be solely responsible for all of the administrative work of the Commission. There will be two additional Commissioners on part time who with the Chairman will constitute a board which will meet once a week to pass on quasi-judicial and quasi-legislative matters. The two addi- tional Commissioners will receive a nominal salary and traveling expenses. The three Commissioners will be appointed as at present. 2. The work of the Commission will be divided between two bureaus: Bureau of Administration. Bureau of Examinations. Department or Crvit Servicer 221 3. The head of the Bureau of Administration will be the Secre- tary of the Department. This bureau will receive a larger appro- priation so that adequate equipment and office machinery and methods may be installed and maintained. 4, The head of the Bureau of Examinations will be the Director of Examinations. He will receive an adequate salary and will have a sufficiently large appropriation to put his bureau on a proper basis. This bureau will have the following divisions: Division of Examinations. Division of Medical Examinations. Division of Service Records. The Division of Examinations will be in charge of a Chief Exam- iner who will have a sufficient number of technical assistants quali- fied to maintain contact with departments and to improve the stand- ards of examinations. The salaries of these positions will be such as to attract and hold competent persons of broad education and experience. The Division of Medical Examinations will be in charge of a Chief Medical Examiner on full time who will prepare physical and medical standards and will supervise special medical examiners who will conduct examinations throughout the state. The Division of Service Records will be in charge of a Supervising Examiner who will develop and operate the service record system with the assistance of examiners from the Division of Examinations assigned by the Director of Examinations. 5. There will be a Manager of Personnel in each large department of state government who will be in charge of all civil service matters and who will develop and administer a program covering labor turn- over, welfare activities, health and other employment matters. 6. These recommendations require only statutory and administra- tive changes, 222 Rerort or Reconstruction CoMMISsION PROPOSED ORGANIZATION OF DEPARTMENT OF CIVIL SERVICE No. ( ) Chai Commissioners (2) DEPARTMENT OF CIVIL SERVICE tla Lewh teaser Sad ee on part time, constituting board on appeals, ete. Chairman BUREAU OF ADMINISTRATION BUREAU OF EXAMINATIONS § Secretary Director of Examinations Be DIVISION OF PEDICAL if IVISION OF EXAMINATIONS EXAMINATIONS SERVICE RECORDS Chief Examiner Chief Medical Examiner Supervising Examiner {.| DepagtTMENT or Minitary ann Navat AFFAIRS 223 CHAPTER 16.— DEPARTMENT OF MILITARY AND NAVAL AFFAIRS Present Organization of the Adjutant-General’s Office and Other Military and Naval Organizations. The Constitution provides that “The Governor shall be commander-in chief of the military and naval forces of the state.” * He is authorized by the Constitution to “ appoint the chiefs of the several staff departments, his aides-de-camp and military secretary, all of whom shall hold office - during his pleasure, their appointments to expire with the term for which the Governor shall have been elected,” and to “nominate and with the consent of the Senate appoint all major generals.”+ It is provided also “that commissioned officers shall be commissioned by the Governor as commander in-chief,” and that “no commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more.”{ The Military Law§ provides that the “‘Gov- ernor shall have power in case of insurrection, invasion, tumult, riot or breach of the peace, or imminent danger thereof, to order into the active service of the State any part of the militia that he may deem proper.” He is “ authorized to prescribe the organization of the National Guard to conform as far as practicable to that prescribed by the laws of the United States now or hereafter in force.” He may, when in his judgment the efficiency of the Naval Militia will be thereby increased, create new organizations and alter, divide, consolidate, annex disband or reorganize any or all of the organizations therein,” and he. has power at any time to “change the organization of the Naval Militia herein prescribed, so as to conform to any organization, system of drill or instruction which may be adopted for the Navy of the United States, and increase or decrease for that purpose the number of officers, chief petty officers and petty officers in those organizations, and change the designation of officers or enlisted men.” Brevet Com- missions may be conferred “upon commissioned officers of the National Guard and Naval Militia for distinguished conduct and public service in the:presence of the enemy,” by the Governor. * Constitution, Art. IV, § 4, also Consolidated Laws, Chap. 36, § 6. t Constitution, Art. XI, § 4. t Constitution, Art. XI, § 6. § Consolidated Laws, Chap. 36. 224 Reprort or Reconstevction CoMMISSION The staff of tha Governor consists of the Adjutant-General of the State, Military Secretary and “not more than eighteen aides to be detailed by the Governor from the commissioned officers of the National Guard, Naval Militia or State Reserve List for Officers.” The Governor has appointed in accordance with statutory provisions a Military Secretary with the rank of Major, to act as his aide and keep and record the legislative bills. The Military Secretary’s salary is $3,000, It is specifically provided in the Military Law, that the Adjutant- General of the State shall be appointed by the Governor to serve dur- ing his pleasure, and that he shall have the rank of Brigadier-General. In the same section his duties are outlined in detail. In brief, he is charged with the issuance of orders, the auditing of militia accounts, the keeping of financial and military records, the receipt, custody and issuance of military stores, supplies, uniforms and equipment and the accounting to the federal government for government stores and sup- plies issued to the State. In case of war he is held responsible for organ- izing the reserve forces of the State, after the organized militia has been called to tha front. The law provides that he shall establish and maintain a Bureau of Records of the War of the Rebellion, and collect, keep and preserve such records, documents and other information. He shall have such assistants as may be found necessary and may appoint and remove them at his discretion. His salary is fixed by statute at $7,500 annually, and he and his assistants are allowed necessary traveling expenses and subsistence when traveling on duty or under orders. . ‘The Adjutant-General’s office is organized with the following divisions and bureaus: General Division. Personnel Division. Finance Division. Records Division. Mailing and Stock Room. War Record Bureau. Naval Militia Bureau. The total appropriation for personal service for these various divisions of the Adjutant-General’s office for this year is $66,850. Of this amount the Adjutant-General, as already pointed out, receives $7,500. The Assistant Adjutant-General assigned to the General Division receives $3,500; the Assistant Adjutant-General assigned to the Personnel Divi- sion receives $3,000; the Assistant Adjutant-General assigned to the Finance Division receives $2,700; and the Assistant Adjutant-General assigned to the State Arsenal in New York City receives $3,000. In Department or Miurrary anp Navat AFrarrs 225 addition, there is an appropriation for maintenance and operation of $33,288.04. It is provided in the Military Law “ that the brigades and other appro- priate military units of the National Guard shall continue to constitute a tactical division which shall be commanded by the Major-General.” The details of the organization are provided for in the same article. The Major-General is appointed by the Governor by and with the advice and consent of the Senate. He may be removed only by order of a general court-martial or by the order of the Senate after public trial and conviction upon charges of misconduct. The total appropriation for the National Guard is $504,800. Included in this item are the salaries and wages of range keepers, officers, enlisted men assigned to special duty, maintenance and operation of the various units of the National Guard, and the cost of personal service and main- tenance and operation of the small arms practice. The Naval Militia constitutes a brigade under a Commodore appointed and subject to removal in the same way as the Major-General at the head of the. National Guard. The details of the organization of the Naval Militia are prescribed in the Military Law, but as already pointed out, this organization may be changed by the Governor. The total appropriation by the State for the Naval Militia is $81,740, of which $18,440 is for personal service. Of this, the Commodore receives $6,000. Whenever any arsenal, armory or other quarters of the militia, camp ground or rifle range owned or leased by the State or by the United States is devoted to the general use of the organized militia, the Armory Com- mission in charge shall consist of the Major-General, the Adjutant-General of the State, the commanding officer of the Naval. Militia and the com- manding officers of all the brigades. The Armory Commission, consti- tuted as just outlined, shall have charge of the erection and completion of all alterations, repairs, enlarging, renting and equipping of all such armories, quarters, camp grounds and rifle ranges. The Armory Commis- sion may sell buildings or other old materials on any real property (excepting the City of New York) which is taken for the purpose of erecting a state armory thereon. The Armory Commission which has charge of the property devoted to the general use of the organized militia is authorized to appoint inspectors and such other employees as may be necessary. Office, traveling and other expenses of the commission and employees are charged against the appro- priations which are made annually by the Legislature for the repair, improvement and betterment of this property. The appropriation for the 8 226 Report oF Reconsrruction ComMMIssIoN State Armory Commission this year is $20,275, of which $14,150 is for personal service. The Secretary receives $4,250. ‘The appropriation for the Camp of Instruction at Peekskill is $9,450, of which $4,800 is for personal service. The Armory Board of New York City have general supervision of the construction and maintenance of the armories in the City of New York (Consolidated Laws, Chap. 36, Secs. 183-184). The Board consists of: The Mayor. The Comptroller. The President of the Board of Aldermen. The Commanding Officer of the Naval Militia. The President of the Department of Taxes and Assessments. Two Senior Ranking Officers (below the grade of Brigadier-Gen- eral), in command of troops of the National Guard quartered in New York City. The New York Monuments Commission for the battlefields of Gettys- burg, Chattanooga and Antietam, consisting of three Civil War veterans appointed by the Governor, determine the positions and movements of the New York organizations engaged in those battles in the Civil War, and erect such memorials, monuments and markers as may be required from time to time in accordance with the provisions of the Legislature. The Military Training Commission is composed of the Major-General commanding the National Guard, ex-officio, as Chairman, a member appointed for a term of four years by the Board of Regents of the Univer- sity of the State of New York, and a member appointed for a term of four years by the Governor, “ to serve without compensation, but to receive the traveling expenses actually and necessarily incurred.” * The Reconstruction Commission in a recent report to the Governor recommended that the duties discharged by the Military Training Com- mission be included within the functions of the State Department of Edueation; and that military training of a technical character for boys sixteen, seventeen and eighteen years of age is inadvisable and any features of military training which may continue to be used shall be employed solely for such values as they may have for physical, mental and moral development. In Chapter 10 cf Part TI, it is therefore recom- mended that this Commission be abolished and that its physical training functions be transferred to the Department of Education. The New York State Woman’s Relief Corps Home at Oxford is a home for the aged dependent Civil War veterans and their wives, veterans’ mothers and widows, and army nurses. It is under the control of a board * Consolidated Laws, Chap. XXXVI, §§ 26-29d. DepaRgtMEenT or Minirary anp Navat ArFrarrs 297 of seven managers appointed by the Governor by and with the advice and consent of the Senate. Of these, the majority shall be appointed from the Grand Army of the Republic of the Department of New York and the Women’s Relief Corps Auxiliary to the Grand Army of the Republic, Department of New York. The New York State Soldiers’ and Sailors’ Home at Bath provides admission for ‘‘ any honorably discharged soldier or sailor who served in the army of the United States during the late rebellion, the Spanish-Ameri- can War, or the insurrection in the Philippines and enlisted from the State of New York, or who shall have been a resident of this State for one year preceding his application for admission, and who shall need the aid or benefit of such home.”’ This institution also is under the supervision of a local board of managers. The State Board of Charities has the right of visitation and inspection, and the Fiscal Supervisor has general direction and control of the administration of the institution. Proposed Organization of the Department of Military and Naval Affairs The Governor, as commander-in-chief of the military and naval forces of the State will be the head of the Department of Military and Naval Affairs. In accordance with the Military Law of the United States he will appoint an Adjutant-General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. In practically all of the states the Governor as head of the military forces appoints an Adjutant-General with military rank who is in immediate touch with the military affairs of the State. The rank is Brigadier-Gen- eral in practically every case. The duties of the Adjutant-General designated the Commissioner of Military and Naval Affairs will be those specifically outlined in the State and Federal Military Law and in addition he will perform such duties not inconsistent therewith as may be assigned to him by the Govy- ernor as commander-in-chief and head of the department. The Governor will commission all officers of the militia subject to the provisions of the State and Federal Military Law. The Commanding Officers of the National Guard and Naval Militia will nominate officers from among the graduates of training schools for officers. The Adjutant-General and the commanding officers of the National Guard and the Naval Militia will have security of tenure and removal will be possible only after due process of the Military Law. In case of a vacancy, however, the Gov- ernor will nominate and with the consent of the Senate appoint the com- manding officers of the National Guard and the Naval Militia in accord- ance with the Military Law of the United States and the State of New York. 230 Report or Reconstruction CoMMIssIoN missioners will be chosen from the Department of Military and Naval Affairs. Summary of Recommendations 1. Establish a Department of Military and Naval Affairs, at the head of which will be the Governor. He will appoint as his deputy an Adjutant-General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. 2. The Governor as Commander-in-Chief and head of the depart- ment will direct and be responsible for the administration of the military affairs of the State, 3. The staff of the Governor will consist of the Adjutant-General, his Military Secretary and not more than sixteen aides to be detailed by the Governor from the Commissioned Officers of the National Guard and the Naval Militia, including two from the State Reserve List for Officers. 4, There will be a Council of Military and Naval Affairs to advise the Governor whenever advice is needed on questions not specifically outlined in the Military Law consisting of: ' Commanding Officer of the National Guard. Commanding Officer of the Naval Militia. One member from the Judge Advocate’s Department desig- nated by the Judge Advocate and detailed by the Governor. One member of the Reserve Militia detailed by the Governor. One officer of the grade of field officer from each of the following branches of the service detailed bv the Governor on the recommendation of the Commanding Officer of the National Guard: Infantry, Cavalry, Field Artillery, Coast Artillery, Engineer Corps, Signal Corps, Medical Corps. Two officers of the Naval Militia detailed by the Governor on the recommendation of the Commander of the Naval Militia. 5. The Department of Military and Naval Affairs will be organ- ized with four principal bureaus. Bureau of Records Bureau of Finance Department or Mitirary anno Nayar AFFAIRS 231 Bureau of Personnel Bureau of Maintenance and Supplies. 6. At the head of the New York office and the Albany office will be the First and the Second Assistant Commissioners of Military and Naval Affairs, respectively, with the rank of Colonel, and at the head of each of the bureaus will be a Director. 7. The State Armory Commission will be abolished and its duties will be transferred to the Department of Military and Naval Affairs and included among the duties of the Bureau of Maintenance and Supplies. 8. The duties of the Armory Board in the City of New York will be specifically assigned by statute to the Department of Military and Naval Affairs and be included in @ new division of the Bureau of Maintenance and Supplies, the expenses of the division being borne by the City of New York, as in the case of the Public Service Commission for the First District. 9. The New York Monuments Commission will be transferred to the Department of Military and Naval Affairs and will become part of the Bureau of Records. The Governor will continue to appoint three veterans of the Civil War to serve as an advisory Board on Monuments to the Director of the Bureau. The Grand Army of the Republic and Meagher’s Irish Monument Commission in so far as they receive State aid will be responsible to the Bureau of Records, of the Department of Military and Naval Affairs. 10. The Commanding Officers of the National Guard and of the Naval Militia will organize officer’s training schools for the instruc- tion of enlisted men and officers and on the basis of records in these schools nominations for commissions will be made, subject to the provisions of Military Law. 11. The Governor, as Commander-in-chief of the National Guard and the Naval Militia will commission all officers in the National Guard and Naval Militia on the basis of recommendations of the examining boards appointed by the Commanding Officer of the National Guard and the Naval Militia. 12. The Adjutant-General and Commanding Officers of the National Guard and Naval Militia will be removed only after due process of the Military Law. 13. In case of vacancy in the position of Commanding Officer of the National Guard or Naval Militia, the Governor will nomi- nate and with the approval of the Senate appoint a successor. 232 Reporr or Reconstruction ComMIssIon 14. The New York State Woman’s Relief Corps Home at Oxford and the New York State Soldiers’ and Sailors’ Home at Bath will be transferred to the Department of Military and Naval Affairs and the director of the Bureau of Maintenance and Supplies will have immediate supervision and direction of the administration of these institutions. The local boards of managers will retain their present duties. ‘ 15. The Governor will nominate and with the consent of the Senate appoint the Commanding Officers of the National Guard and the Naval Militia in accordance with the Military Law of the United States and the State of New York. 16. These recommendations will require only statutory changes. Proposed Organization, Department of Military and Naval Affairs DEPARTMENT OF MILITARY AND NAVAL AFFAIRS COUNCIL OF MILITARY AND NAVAL AFFAIRS Governor Commissioner Thirteen members detailed from Assistant Commissioners (2) National Guard and Naval Militia OF BUREAU_OF BUREAU OF BUREAU OF Minar RECORDS FINANCE PERSONNEL ‘AND SUPPLIES Director Director Director Director PART III ADMINISTRATIVE CONSOLIDATION IN OTHER STATES CHAPTER 1. MOVEMENT TOWARD ADMINISTRATIVE CON- SOLIDATION Administrative Consolidation and What It Involves Comprehensive studies of the organization of the administrative agen- cies of state government have only recently begun. In fact the first com- prehensive studies of this kind were conducted in Minnesota and Iowa, beginning in 19138. While no practical results in the way of legislation were achieved within these two states, the studies were, nevertheless, of great value as a means of pointing out what could be accomplished along the same lines in other states. Two years later an exhaustive study was made of the administrative organization of New York State preparatory to the work of the Constitutional Convention. While the plan of adminis- trative consolidation proposed by the Convention failed because of the defeat in the fall of 1915 of the Constitution which it prepared, the plan has nevertheless widely influenced subsequent work of a like character in other states. The first comprehensive plan of consolidation was adopted by Illinois in 1917 following a careful study of all its administrative agencies. The 1919 Legislatures of Idaho and Nebraska enacted consolidation plans similar to that of Illinois. Massachusetts has an amendment to the Con- stitution adopted in November, 1918, which provides for a reorganiza- tion of all administrative agencies into not more than twenty depart- ments. This reorganization is to be provided for by legislative action before 1921. Other states, namely Oregon, Delaware and California, are considering plans of administrative consolidation. Consolidation involves a number of principles. It requires the state administration to be organized into a few departments, the heads of which are appointed by the governor and responsible to him. It makes the state government more responsive to the people since it enables the spot- light of public opinion to be focused upon the Governor and the few de- partment heads chosen by him. Administrative responsibility is thereby fixed. Consolidation makes possible a coordinated administration in which there is unanimity of purpose and cooperation. It brings about better service and is a means of effective retrenchment in expenditures, since such business methods as central purchasing and uniform accounting can be operated with the greatest degree of efficiency. It makes possible the operation of a thorough-going budget system. The Governor cannot be made fully responsible for the financial program so long as admip- istrative authority is divided among a number of agencies, some of which 236 Reprort or Reconstruction CoMMISSION are elective like himself and others of which are appointed by the Legis- lature or constituted by other authorities independent of the executive. Consolidation in National and City Governments The idea of administrative consolidation was embodied in the federal scheme of administrative organization more than a century ago. The same idea has also been embodied in the government of several foreign countries, such as France and England. At the present time there are at Washington ten great departments within which are grouped nearly all regular administrative functions. The heads of these departments are appointed by the President with the consent of the Senate. The depart- ment heads serve at the pleasure of the President. They also form the President's Cabinet and meet with him for consultation on matters of special importance and -of common interest. There is, however, a tendency to vest quasi-legislative functions, such as the regulation of interstate commerce, in the hands of special boards and commissions, but any new administrative work is, as a rule, placed under one of the existing departments. During the last twenty years the trend of municipal administration has been decidedly in the direction of consolidation. Formerly city govern- ment, like state government, was made up of many administrative depart- ments, offices, boards, and other agencies. At the present time more than 300 cities have adopted the commission form of government, the essential feature of which so far as administrative organization is concerned, is the reduction of all the offices and agencies of the city to a small number of departments, usually five, sometimes three or seven, each under the direction of a single commissioner. Recently authority under the com- mission plan of city government has been still further concentrated by adding to the Commission, which is the municipal Legislature, a city man- ager who assumes supervision over the entire city administration organ- ized into a few large departments. This reconstruction of municipal gov- ernment points the way to better service and greater efficiency in state administration. Not a Partisan Issue Administrative consolidation, as a means of improving the effectiveness of state administration has been advocated by leaders of both great politi- eal parties. President Wilson has spoken of the principles embodied in the idea of administrative consolidation as the “ key to the whole problem of the restoration of popular government in this country.” President Roosevelt said in support of the same principles: “ You cannot get good service from the public servant if you cannot see him, and there is no Movement Towarp ADMINISTRATIVE ConsoLIDATION 237 more effective way of hiding him than by mixing him up with a multi- tude of others so that they are none of them important enough to catch the eye of the average work-a-day citizen.” During the last ten years the governors of both political parties in probably half the states of the Union have advocated administrative reor- ganization and consolidation in some form or other. Consolidation Advocated by State Commissions During the past ten years almost half the states of the Union have ap- pointed commissions which have made investigations into the possible methods of reducing the cost of state government and at the same time securing better service. A number of these commissions, as will be pointed out later, have made recommendations for complete administra- tive consolidations. They have refrained from recommending possible economies in the form of salary reductions, the abolition of particular positions and the abandonment of certain functions with a view to re- ducing expenditures. They have repeatedly expressed the belief that waste and poor service are brought about, not so much by the administra- tive officers themselves as by the disintegrated and unbusinesslike organiza- tion of the government. For this reason they have advocated the consoli- dation of administrative agencies into a few departments responsible to the chief executive. ober ee Behind the recommendations of the various state commissions stand many governmental, civic and educational organizations. In many instances these organizations have carried the study of consolidation much further than have the state commissions. They have therefore been an important factor in setting forth the principles and in promoting the idea of administrative consolidation. In a number of cases such organiza- tions have cooperated with state commissions in investigating and studying administrative conditions. Plans for Partial Consolidation The movement for administrative consolidation has been gradual. The states first began by grouping together administrative agencies performing related functions. Later a few states adopted a plan of partial consolida- tion, At the present time more than half of the states have consolidated the management of the charitable and correctional institutions; many states have reorganized their educational system by consolidating the management of state educational institutions; several states have estab- lished a consolidated department of agriculture and others have combined their various labor agencies into a single department. New Jersey is 238 Report oF Reconstruction ComMMIssIoN a notable example of the adoption of a plan of partial consolidation. Following the recommendations of the Economy and Efficiency Commis- sion, created in 1912, the Legislature in 1915 enacted laws establishing Departments of Conservation and Development, Commerce and Naviga- tion, Taxes and Assessments and Shell Fisheries. The same Legislature provided for the reorganization of the Departments of Labor and Agri- culture. More than twenty separate bureaus, departments and agencies were thus merged into six consolidated departments. Eariier Proposep Prawns 239 CHAPTER 2, EARLIER PROPOSED PLANS Minnesota, Iowa and New York were the first states to conduct com- prehensive and scientific studies of their administrative agencies. Although the plans of reorganization proposed in these states were never adopted, they are of interest because of their influence on subsequent consolidation plans of other states. As already indicated, Minnesota and Iowa began their investigations in 1918. The Minnesota plan was worked out more carefully than the Iowa plan. For this reason it is probably more generally known outside the state than any other similar scheme, with the possible exception of that of Illinois. The New York plan was worked out in great detail and subjected to searching discussion during the Con- stitutional Convention of 1915. It has had considerable effect upon the reorganization plans which have since been developed. The Minnesota Plan In 1918 the Governor of Minnesota appointed an Efficiency and Economy Commission. This Commission was composed of thirty mem- bers appointed by the Governor representing the political and industrial interests of all sections of the State. The Commission began its work in the fall of 1913. It received its support from private sources, since the Legislature provided no appropriation for the work. The Commission employed a staff consisting of a consulting statistician, Dr. E. Dana Durand, former Director of the United States Census, a secretary and a clerk. The Commission published two reports, a preliminary report in May, 1914, and a final report in November, 1914. The main recommenda- tions were outlined in the preliminary report. The final report contained bills drawn by the Commission for carrying these recommendations into effect. Each of the reports contained a chart setting forth the existing organization of state government and the proposed plan. The recommendations of the Commission related to three subjects: administrative consolidation, the merit system of civil service and the adoption of a budget system. The principal defects of the existing organi- zation were pointed out as: Multiplicity of independent branches. Diversity in form. Predominance of the board system. The report showed that there were about seventy-five independent admin- istrative agencies, that a great number of these agencies were administered by ex officio boards, and that there were certain state functions performed by private associations. The board system resulted in delay, inefficiency 240 Rerort or Reconstruction CoMMISsION and at the same time dissipated responsibility. Furthermore, the necessity for boards was limited to quasi-legislative and quasi-judicial work. Finally, since board members usually have overlapping terms, and each Governor may appoint only a minority, each board is a government by itself. The Commission suggested six executive departments: Finance, Public Domain, Public Welfare, Education, Labor and Commerce, Agriculture. A few special functions were to be performed by the administrative agencies outside these departments, such as the Civil Service Commission and the Tax Commission. The constitutional officers were not affected by the reorganization. The head of the proposed Department of Finance was to be the Treas- urer, a constitutional officer, elected by the people, to act as Director of Finance. The head of the Department of Public Domain was to be the Director of Public Domain, appointed by the Governor with the consent of the Senate. The head of the Department of Public Welfare was to be the Director of Public Welfare, appointed by the Governor with the consent of the Senate. The Department of Education was to be under a Board of Education appointed by the Governor, a Director of Education being appointed by the Board, and a Board of Regents appointed by the Governor, the President of University being appointed by the Regents. The head of the Department of Labor and Commerce was to be the Director of Labor and Commerce appointed by the Governor with consent of the Senate. The head of the Department of Agriculture was to be the Director of Agriculture, appointed by the Governor with the consent of the Senate. It will be seen that the plan of the Commission contemplated two excep- tions to the general rule that there shall be a single head of each depart- ment appointed by the Governor. These exceptions were the Department of Finance and the Department of Education. In the former case the Treasurer, who is a constitutional officer elected by the people, was made acting head of the department. In the latter case the Commission recommended two boards, the Regents of the University and the new Board of Education, the latter to have charge of all other state educational work. The Commission claimed that in recommending this form of organization it was following the general practi¢e or custom to treat education as independent of other functions of government. The Directors were to hold office at the pleasure of the Governor and to Earzier Proposep Prans 241 be responsible to him for the conduct of their departments. They were to constitute the Governor’s cabinet, similar to the cabinet of the Presi- dent of the United States, thus making the administration a unit. The Governor’s term being only two years, the terms of the cabinet members were similarly limited. In each of the proposed departments the Commission set up bureaus and outlined their functions. The bureau chiefs were to be trained experts. They were to constitute the permanent staff and were to come under the merit system of civil service, and consequently were not to be changed when a new Governor came into office. While the Commission recommended the placing of executive functions in the hands of individuals, it saw the need of certain boards with advisory, quasi-legislative and quasi-judicial powers. To the Department of Finance the Commission recommended the attachment in an advisory capacity of the existing board of investment, a constitutional and ex officio body charged with the investment of state trust funds. It was proposed to attach to the Departments of Labor and Commerce the existing Board of Railroad Commissioners, a body of three members elected by the people. For the Department of Public Domain, Welfare and Agriculture, special advisory boards appointed by the Governor with overlapping terms, were recommended. The final report of the Commission differed from the preliminary report in that it recommended five instead of six departments — the Department of Finance being eliminated and placed among the general offices not included in the recommendations of the Commission. Minnesota gained little from the work of this Commission except the Budget Law of 1915. The particular value of this Commission’s work lies in the influence that it has had upon reorganization plans in other states, particularly Illinois. The Iowa Plan The Iowa legislature of 1918 authorized the Joint Committee on Retrenchment and Reform to employ expert and efficient accountants to make a survey of the administrative organization of the State, and appropriated $10,000 to meet the expenses of the proposed investigations. The committee, in March, 1913, engaged the firm of Quail, Parker and Company, efficiency engineers, who finished their investigation and sub- mitted their report in December, 1913. In the preparation of their report these efficiency engineers made an examination of all departments in the state capitol, including both con- stitutional and statutory offices. Besides suggesting modern methods 249 Rerort or Reconstruction Commission and recommending numerous economies in the work of these departments, the report attempted a general reorganization of the executive functions of the state government. The suggested reorganization did not neces- sitate changes in the constitution. The plan proposed the union of the offices of the State Auditor and the State Treasurer through the establishment of a Finance Department, which would have control of the whole accounting system of the State and the preparation of a budget. The plan also recommended the establish- ment of a legal Department through combining the offices of the Secre- tary of State and the Attorney General. This Department was to handle all matters of legal records and justice. The creation of both these Depart- ments was to be accomplished by a rearrangement of the functions and duties prescribed by statute without changing the constitutional status of the offices involved. The plan also proposed to create the Office of the State Purchasing Agent, an official known as the Chief Accountant, and a Civil Service Commission or Bureau organized to administer the merit system to be used in filling all administrative positions except the constitutional offices and the heads of the seven proposed departments. The proposed departments other than the general administrative offices mentioned above were as follows: Department of Agriculture, Department of Commerce and Industries, Department of Public Works, Department of Public Safety, Department of Public Health, Department of Education, Department of Charities and Corrections. All the existing divisions and agencies of the executive branch of the government other than the constitutional offices and certain general administrative offices already noted were assigned to one of these seven departments. Each department was to be under the immediate control of a Director General. The Governor himself was to assume the port- folio of Director General of the Department of Public Safety. The heads of the remaining six departments were to be appointed by the Governor with the consent of the Senate. It was also proposed that the existing Executive Council should be abolished and a new Executive Council consisting of the Director Generals of the seven departments, be created. This Executive Council was to form a kind of cabinet to the Governor, who was to be its chairman. ALAS Eartier Proposep Prans 243 Almost a year after the report was submitted to the Committee, the Committee in turn prepared a report which it submitted to the General Assembly of 1915. ‘This report contained a brief outline of the reorgani- zation proposed and a few general statements as to the need for grouping together the administrative agencies of the State. The scheme of reorganization proposed by the Joint Committee’s report was decidedly difterent from that outlined in the report of the efficiency engineers. It contemplated the grouping of all executive functions of the State, except a few which were placed under “ general administra- tion,” into three great divisions designated under the heads of Department of Social Progress, Department of Industries, Department of Public Safety. The Department of Social Progress was to include and have supervision over educational and allied functions such as libraries and archives and in addition the prison parole-functions. The Department of Industries was to include and have supervision over the agricultural functions, also all regulatory functions in connection with labor, commerce, insurance and banking. The Department of Public Safety was to include and super- vise the law enforcing functions, the conservational and custodial func- tions, the functions of registration and inspection, and in addition the work of the State Highway Commission. Each of these departments was to be under the direction of a head appointed by the Governor. The report contained no statement of the functions of the numerous subdivi- sions under each of the three proposed Departments. No legislation resulted directly from the recommendations of the efficiency engineers and of the Committee on Retrenchment and Reform. A budget law, however, was enacted by the 1915 Legislature. The New York Plan As early as 1910 Governor Hughes in his annual message to the Legis- lature recommended administrative reorganization and consolidation, which he said would “ tend to promote efficiency in public office by increas- ing the effectiveness of the voter and by diminishing the opportunities of ihe political manipulators who take advantage of the multiplicity of elect- ive offices to perfect their scheme at the public expense.” Furthermore, he believed that responsibility should be “ centered in the Governor who should appoint a cabinet of administrative heads, accountable to him and charged with the duties now devolved upon elective state officers.” Following this message a resolution to amend the Constitution was introduced in the Assembly of 1910 providing for the appointment of all 944 Report or Reconstruction CoMMISsION state officers except the Governor and the Lieutenant-Governor. A hot discussion ensued with the result that the resolution failed to pass. The movement toward consolidation was again revived in the election campaigns of 1912. In 1913 the Legislature passed a bill establishing a Department of Efficiency and Economy under a Commissioner appointed by the Governor and confirmed by the Senate for a term of five years, The Commissioner was authorized to study all branches of the state government and to make recommendations designed to promote the general conduct of the State’s business. In 1914 this department in cooperation with the Bureau of Municipal Research began the preparation of a report on the government and administration of the State for the Constitutional Convention which was to meet the following year. As a result of the combined efforts of these two agencies there was published in January, 1915, a volume of more than seven hundred pages, entitled “ Government of the State of New York: A Survey of its Organization and Functions.” This volume gave a minute description of the legislative, judicial and administrative organizations of the state government. It also set forth graphically all the agencies of the State, together with their functions, number of their employees, salaries and other costs, and their organic relations or absence of relations. The report showed that there were one hundred and sixty-nine agencies, most of which had been created in recent years. It also pointed out that the entire structure of the state government seemed to have “ grown up from year to year, rather than to have been built according to any studied plan of scientific and economic needs.”” Numerous conflicts of authority and overlappings of jurisdiction were pointed out. One hundred and eight boards were shown to exist. “A number of them,” said the report, “were created for similar pur- poses and a number perform functions for which there already existed at the time of their creation fully organized departments of the govern- ment. Some are elected by the Legislature, some appointed by the Gov- ernor, some are of ex-officio membership, some are paid, others are not paid.” Upon the completion of this joint undertaking the Bureau of Municipal Research was requested by the Constitutional Convention Commission to prepare an appraisal of the existing organization of the state government. In compliance with this request the bureau issued a volume entitled “The Constitution and Government of the State of New York” * in which the existing structure and methods of the state government were subjected to careful and comprehensive analysis. The Bureau also worked out a proposed plan of administrative reorganization which it laid before the Committees of the Constitutional Convention. * Municipal Research No. 61. Earuizr Proposep PLans 245 In 1914 both great political parties of the State seemed clearly to recognize the failure of the existing administrative system. The Repub- lican platform of that year, framed especially with a view to constitutional revision, said: “We recommend a substantial reduction in the number of elective officers by the application of the principles of the short ballot to the executive officers of the State. To prevent the multiplication of offices, we recommend that the various administrative functions of the state, so far as practicable, be vested in a limited number of departments. The present duplication of effort and expense in the public institutions of the State should be remedied by the establish- ment of a simpler and better organized system.” The Democratic platform of the same year declared: “There should be no divided authority or responsibility in execut- ing and administering the laws of the state. The time has come to give the people control of their executive government. The respon- sibility should be centered in the Governor. He should have the absolute power of removal. The various boards and commissions should be made subject to the control of the Governor.” As a result of the agitation for administrative reform and reorganiza- tion several plans were prepared and laid before the Constitutional Con- vention, which met in the summer of 1915. After due consideration of these plans by the committee on the Governor and Other State Officers, a proposed amendment to the Constitution was submitted to the convention. for discussion. This amendment proposed to establish fifteen depart- ments: Justice, Audit and Control, Education, Public Utilities, Conservation, Civil Service, State, Taxation and Finance, Public Works, Health, Agriculture, Charities and Corrections, Banking, Insurance, Labor and Industry. 246 Report or Reconstruction ComMMIssION The heads of the Department of Justice and of the Department of Audit and Control were to be the Attorney-General and Comptroller, respectively, elected at the same time and for the same term as the Gov- ernor. The Department of Education was to be controlled by the Regents of the University who were to appoint the chief administrative officer of the department. The Department of Public Utilities was to consist of two commissions of five members each, appointed by the Governor with the consent of the Senate for terms of five years, and removable by the Senate upon recommendation of the Governor. The Department of Con- servation was to be under the direction of a Conservation Commission of nine members appointed by the Governor with the consent of the Senate for overlapping terms of nine years. This Commission was to appoint the chief administrative officer of the department. The Department of Civil Service was to be under the direction of a Civil Service Commission con- sisting of three members appointed by the Governor with the consent of the Senate for overlapping terms of six years. The remaining depart- ments were to be administered by single heads appointed by the Governor with the consent of the Senate and removable by him in his discretion. After the adoption of this amendment, no new departments were to be created by the Legislature but all new functions were to be assigned to one of the existing departments. The Legislature was to provide for the internal organization of the departments. The general principles set forth in this amendment had been discussed before the Committee on Finance and the Committee on Governor and Other State Officers by such men as Ex-President Taft, President Lowell of Harvard and President Goodnow of Johns Hopkkins. Following the introduction of the amendment into the Constitutional Convention, there were discussions of various phases of the proposed administrative reorgani- zation. Myr. Elihu Root said that the existing system was an “ invisible government” in which the political boss ruled the State in spite of the Legislature, the Governor, and the other elective officers. He also said that men were appointed to office not for the service they would render the State but for the service they were to render to promote the power of political organizations. Such a system, he declared found “ its oppor- tunity in the division of powers, in the six-headed executive, in which, by the natural workings of human nature, there shall be opposition and discord in the playing of one force against the other, and so when we refuse to make one Governor, elected by the people, the real chief executive, we make inevitable the setting up of a chief executive not selected by the people, not acting for the people’s interest, but for the selfish interest of the few who control the party, whichever party it may be.” Ear.ier Provosep Puans 247 The result of the discussions was a considerable modification of the plan presented to the Convention by the Committee on the Governor and Other State Officers. The plan of administrative organization as finally adopted by the Con- stitutional Convention, provided for seventeen departments to exercise the civil, executive and administrative functions of the State, These departments were as follows: Law, Finance, Accounts, Treasury, Taxation, State, Public Works, Health, Agriculture, Charities and Corrections, Banking, Insurance, Labor and Industry, Education, Public Utilities, Conservation, Civil Service. The heads of the Department of Law and of the Department of Finance were to be the Attorney-General and the Comptroller respec- tively, who were to be elected at the same time and for the same term as the Governor. The head of the Department of Labor and Industry was to be an Industrial Commission or Commissioner to be provided by law, appointed by the Governor with the advice of the Senate. The Department of Education was to be administered by the University of the State of New York, the chief administrative officer of which was to be appointed by the Regents of the University. The Department of Public Utilities was to consist of two Public Service Commissions, the Commis- sioners to be appointed by the Governor, by and with the advice and con- sent of the Senate. The Governor might remove anv commissioner for cause after an opportunity to be heard. The Department of Conservation was to be under the direction of the Conservation Commission consisting of nine commissioners appointed by the Governor by and with the advice and consent of the Senate with overlapping terms of nine years and serv- ing without compensation. The Commission was authorized to appoint 248 Report or Reconstruction Commission and remove a Superintendent and also to appoint his subordinates. The Department of Civil Service was to be under the direction of a Civil Serv- ice Commission consisting of three members appointed by the Governor by and with the advice and consent of the Senate for overlapping terms of six years. The remaining ten departments were to have single heads who were to be appointed by the Governor and removable by him in his discretion. The reason given for the concurrence of the Senate in the appointment of heads of the Departments of Labor and Industry, Public Utilities, Conservation and Civil Service was because such departments performed both legislative and administrative functions. Only very general powers were prescribed for the several departments. In some cases the prescribing of duties was left entirely to subsequent legislative action. In the case of the Department of Finance it was stated that the Comptroller should exercise all powers and duties at that time devolving upon him except the powers of examination and verification of accounts, which duties were vested in the Department of Accounts. This plan of reorganization reduced the number of elective state officers from seven to four, leaving only the Governor, Lieutenant-Gov- ernor, Comptroller and Attorney-General to be chosen by the voters. The Secretary of State and the Treasurer were to be appointed by the Gov- ernor, and the office of State Engineer and Surveyor was to be abolished. The plan of administrative reorganization and consolidation proposed by the Constitutional Convention and embodied in the proposed constitu- tion was submitted to the people in November, 1915, and defeated at the polls. Until the present there has been little attempt to revive the move ment in New York for administrative reorganization. Puans in OPERATION 249 CHAPTER 3. PLANS IN OPERATION Movement for Consolidation in Tlinois The Legislature of 1913 provided for the appointment of a Committee on Efficiency and Economy which was composed of four members from each house of the Legislature. This Committee was given full power to investigate all departments and agencies of the state government. Such investigations were made with the view of combining and centralizing the work of the various state agencies and abolishing those found to be useless. The Committee was given the power to employ assistants and was pro- vided with an appropriation of $40,000. Upon beginning its work in August, 1913, the Committee employed a staff of investigators which was placed under the direction of Professor John A. Fairlie of the University of INinois. The numerous administra- tive agencies of the State were arranged in twelve groups according to their general functions, and each of these groups was assigned to a trained investigator who studied closely the conditions and made a report to the Committee. Tentative plans for consolidation were drawn up and for several months meetings were held at short intervals. Later public hearings were held in Chicago and Springfield, at which many state officers, representatives of associations and organizations appeared and discussed the proposed plan of reorganization. As a result much addi- tional information was secured and a number of changes were made in the tentative proposals. Two reports were issued by the Committee; a preliminary report in June, 1914, and a general report almost a year later. The latter report, a volume of more than one thousand pages, contained the recommendations of the Committee, the reports of the special investigators, a comparative statement of appropriations covering three legislative periods and charts illustrating both the existing government and the proposed reorganization. The defects of the existing arrangement of the Illinois administration, as pointed out by the Committee, were lack of correlation, scattered offices, no standards of compensation, overlapping of functions, irregularity of reports, ineffective supervision, no budget system, imperfect accounts, inadequate advice on legislation and irresponsible government. The Committee’s proposed plan of reorganization provided for the con- solidation of all the administrative agencies, with the exception of a few general departments, into ten departments as follows: Finance, Charities and Corrections, Education, 250 Report or Reconstruction Commission Public Works and Buildings, Agriculture, Public Health, Labor and Mining, Trade and Commerce, Law, Military Affairs. The agencies left outside these departments were: Secretary of State, Board of Elections, Civil Service Commission, Legislative Reference Bureau. The proposed Departments of Finance, Charities and Corrections, Education, Public Works and Buildings, Trade and Commerce were to be under the control of commissions. The Department of Agriculture, Public Health, Labor and Mining were to be administered by single heads appointed by the Governor with the approval of the Senate. The Department of Law was to be under control of the Attorney-General, a constitutional officer. The Department of Military Affairs was to con- tinue as previously organized. The Committee accompanied its recommendations to the Legislature of 1915 with bills designed to carry the recommendations into effect but with the exception of a bill revising a law relating to state contracts, none of the bills passed the Legislature. Governor Lowden in his primary campaign during the summer of 1916 made numerous speeches in which he pointed out the great need for admin- istrative consolidation and the establishment of a budget system. In his inaugural message he spoke with still more enthusiasm. Immediately following his inauguration work was commenced upon bills to carry out his ideas. The reports of the Efficiency and Economy Committee con- stituted the basis for preparation of these bills. However, “ the specific form of organization recommended by the Committee was, after mature deliberation, rejected as not conducive to either strength, harmony or unity of administration.” It was apparent that the Committee had not only been inconsistent in its recommendations for the overhead organiza- tion of the proposed departments, but it had also compromised principle in favor of expediency. Some departments were to be administered by single heads, others were to be under the control of boards. For example, the Committee recommended the creation of a Department of Finance under a State Finance Commission to consist of a State Comptroller, Tax Com- missioner and Revenue Commissioner, appointed by the Governor with the approval of the Senate, together with the Auditor of Public Accounts wIGl- *NOISSIWWOD = NOILONULSNO3aM may aus Aq pO) Aalyousiupy fiat ayy payoripul prog, oye Jo saqwam o1nzjo xy x A2pun panera SiUauguvday ayvoipul Sajaai9 NOlyvonay' 27 yswwss HIAWaH BuysIan sSNIating SW USN axY R2g¥¥L dI10Nd anv syoM ONV S3NIW SINVUNIS 40 Laid sO ‘Lddd ditaad JO ‘Ld 3d 3O “Ld3d 40 1436 0 Id34 RIOpOGAS (ewoayysuasy Touoliatasu ae (eCoAr psu SUOIENTHSEUSD suvvk g ~i 449 ex09kK 2 swsay SAO9A pp ~:uOy savak py -:ws2L Sa0ak p -:waay SaaqWIU BAIS3310 ej 7 SIONITTI 30 SLINQODJIV 91I180d \ AVYSNID | ALISUIMMA- SABICNSL | MAaaNsVvayL HOMUMAAOD | pao soilany | y ASNHOLLV | ay (OuorAsi4suo {EROUENLSUST pousiinticdesy AADLR ADS avr Bo -:usa savek p -:wsay Csoe. yy - 1 wey sapzk & ~cwaay SarQuaws OZ NOLLIAUISH SITaNd YONSZAOD BLVLS NOILVYZiTWAdS 40 ANGINSINIIANS} SHON a1A319 30 ANVI3BYISBS 30 GuvOG Bivis J | BiviS AHL JO Btyuo1s34g | L\6\ sO 3009 SAILVALSINIWGY FIAID aui aaanna NOILWAISININGY aivic SIONITNI 40 NOMVZING Dao Puans in OpEerarion 251 and the State Treasurer, both serving ex-officio. Each of these officials was to be in charge of a particular division having specific statutory duties to perform. The Finance Commission was to act only as a means of bringing together these independent divisions. Responsibility for the work of the Department could not, therefore, be definitely located. As another example, the Commission recommended the establishment of a Department of Public Works and Buildings under a Public Works Com- mission of three members — a Commissioner of Highways, a Commis- sioner of Waterways and a Fish and Game Commissioner — with bureaus for each of these services and also other bureaus under the Superimtendent of Buildings and Grounds, the Superintendent of State Parks, and the State Art Commission. For all practical purposes the several bureaus and divisions would have been independent of each other. Statutory duties devolved upon subordinate officers and boards within the Depart- ment. The Department had no responsible heads having control of all its activities. After having carefully considered the committee’s plan of reorganization in the light of the facts just pointed out, Governor Lowden came to the conclusion that while the general recommendations of the Committee were valid and ought to be incorporated in law, its specific recommendations for the overhead organization were not only “ inexpedient but detrimental to administrative efficiency.” He was of the opinion that there should be a consistent and uniform plan of reorganization which should be applicable to all the departments. That is, he did not believe that part of them should be under a single head appointed by the Governor and others should be controlled by one or more commissions, in some cases composed of both appointive and ex-officio officers. He realized that it was inexpedient for the time being to attempt a change in the constitution, but he was determined that the plan so far as adopted by statutory means should be a uniform one and therefore a proper basis upon which to build the complete plan of reorganization whenever the time came to amend the constitution. He also thought that a single bill instead of a number of bills, as proposed by the committee, could be prepared which would em- body the necessary legislation to put the plan into effect. Administrative Organization Under the Illinois Code Accordingly an act was drawn and passed by the Legislature of 1917 ealled the Civil Administration Code, which abolished more than one hundred independent and statutory offices, departments, boards, commis- sions, and other agencies and consolidated their functions and duties into nine departments. 252 Rerorr or Reconstruction ComMMission The departments were: Department of Finance, Department of Agriculture, Department of Labor, Department of Mines and Minerals, Department of Public Works, Department of Public Welfare, Department of Public Health, Department of Trade and Commerce, Department of Registration and Education. This reorganization does not affect the seven constitutional elective officers; namely the Governor, Lieutenant-Governor, Secretary of State, auditor of Public Accounts, Treasurer, Attorney-General, and Super- intendent of Public Instruction. Neither does does it apply to the State Board of Equalization or the trustees of the University of Illinois, both of which bodies are elective. Each of the nine departments has a single head called a Director, who is appointed by the Governor with the approval of the Senate for a term of four years, beginning on the second Monday in January next after the election of the Governor. The annual salary laid down in the code for each of these directors is: Director of Finance, $7,000; Director of Agriculture, $6,000; Director of Labor, $5,000; Director of Mines and Minerals, $5,000; Director of Public Works and Buildings, $7,000; Director of Public Welfare, $7,000; Director of Public Health, $6,000; Director of Trade and Commerce, $7,000; Director of Registration and Education, $5,000. In addition to the directors certain subordinate officers are created for each of the departments and their annual salaries designated as: follows: In tHe DeparTMEnt oF Finance Assistant Director of Finance, $4,200; Administrative Auditor, $4,800; Superintendent of Budget, $3,600 ; Superintendent of Department Reports, $3,600. In toe DeparTMENT oF AGRICULTURE Assistant Director of Agriculture, $3,600; General Manager of the State Fair, $3,600; Superintendent of Foods and Dairies, $4,800; Superintendent of Animal Industry, $3,600; Superintendent of Plant Industry, $3,600; Chief Veterinarian, $4,200; Chief Game and Fish Warden, $3,600. Prawns in OpERation 258 In tun Department or Lapor Assistant Director of Labor, $3,000; Chief Factory Inspector, $3,000; Superintendent of Free Employment Oftices, $3,000; Chief Inspector of Private Employment Agencies, $3, ‘000. In toe Deparrment or Mines anp Mrverats Assistant Director of Mines and Minerals, $3,000. In tae Deparrment or Pusiic Worxs Assistant Director of Public Works and Buildings, $4,000; Superintendent of Highways, $5,000; Chief Engineer, $5,000; Supervising Architect, $4,000 : Supervising Engineer, $4,000; Superintendent of Waterways, $5,000; Superintendent of Printing, $5,000; Superintendent of Purchase and Supplies, $5,000; Superintendent of Parks, $2,500. In toe Department THE Pusitic WELFARE Assistant Director of Public Welfare, $4,000; Alienist, $5,000; Criminologist, $5,000; Fiscal Supervisor, $5,000 ; Superintendent of Charities, $5,000; Superintendent of Prisons, $5,000; Superintendent of Pardons and Paroles, $5,000. In tus DeparrMent or Pusric Hearte Assistant Director of Public Health, $3,600; Superintendent of Lodging House Inspection, $3,000. In tue Department or TrapE anp CoMMERCE Assistant Director of Trade and Commerce, $4,000; Superintendent of Insurance, $5,000; Fire Marshal, $3,000; Superintendent of Standards, $2,500; Chief Grain Inspector, $5,000. In roe Department oF Rea@istRATiIon anp Epucarion Assistant Director of Registration and Education, $3,600; Superintendent of Registration, $4,200. The above named officers perform such duties as the Directors of their respective departments prescribe. The manner of their appointment is the same as that of the Directors. 254 Report or Reconstruction Commission While the code makes no specific provisions for divisions or bureaus within the several departments, it would seem to indicate by the titles of the subordinate officers that such divisions or bureaus are to be estab- lished; that they have been may be seen from an examination of the “Report of the Directors Under the Civil Administrative Code of 1918.” The survey of the administrative activities of the state showed that there were certain boards or commissions which discharged quasi-legisla- tive or quasi-judicial functions. In framing the Administrative Code, the principle was followed that one man should have the entire responsi- bility in the discharge of functions which are purely executive. Hence the single-headed departments. However, in the discharge of functions which are quasi-legislative or quasi-judicial it was deemed essential that the opinion of a reasonable number of men acting as an entity should be procured. Hence the code provides that all functions which are primarily quasi-legislative or quasi-judicial are to be vested in the proper boards or commissions. These boards or commissions and the annual salaries of the several members are provided for as follows: The Food Standards Commission in the Department of Agricul- ture, composed of the Superintendent of Foods and Dairies and two officers designated as Food Standard Officers, the latter receiving $450 each. The Industrial Commission in the Department of Labor composed of five persons, each receiving a salary of $5,000. The Mining Board in the Department of Mines and Minerals, consisting of the director of the department of mines and minerals and four persons designated as mine officers, at a salary of $500 each. The Mining Examining Board in the Department of Mines and Minerals, consisting of four persons receiving a salary of $1,800 each. The Public Utilities Commission in the Department of Trade and Commerce, composed of five members designated as Public Utility Commissioners at a salary of $7,000 each, and having a secretary at a salary of $4,000. The Normal School Board in the Department of Registration and Education, composed of the Director of the Department, the Superintendent of Public Instruction and nine other persons. Each of these board acts as a separate entity. While the Director of Mines and Minerals is a member of the Mining Board and the Director of Registration and Education is a member of the Normal School Board, Puans In OPERATION 255 each board exercises its quasi-legislative and quasi-judicial functions without any supervision, direction or control’ by the Director of the department to which it is attached. Each of these boards is not only a component part of the department to which it belongs, but it is also under the general system of finance and budget to which all officers named in the code are subjected. Both the executive officers and the members of the quasi-legislative and quasi-judicial boards, excepting the two Food Standard Officers, the members of the Mining Board and the members of the Normal School board are obliged to devote their full time to the duties of their several offices. All employees of the departments are under the civil service regulations of the State. Since questions of policy are continually being presented to the adminis- trative departments, it was deemed wise to make provisions in the code for advisory boards to assist and advise the Directors of the Departments and the Governor in matters of policy and administration. Hence the following advisory boards were created: In the Department of Agriculture: A Board of Agriculture Advisors, composed of fifteen persons and a Board of State Fair Advisors, consisting of nine persons, not more than three of whom are to be appointed from any one county. In Department of Labor: A Board of Illinois Free Employment Office Advisors, composed of five persons; A Board of Local Illinois Free Employment Office Advisors for each free employment office, composed of five persons. In the Department of Public Works: A Board of Art Advisors, composed of eight persons; a Board of Water Resource Advisors, a Board of Highway Advisors and a Board of Park and Building Advisors, each composed of five persons. In the Department of Public Welfare: A Board of Public Wel- fare Commissioners, composed of five persons. In the Department of Public Health: A Board of Public Health Advisors, composed of five persons. In the Department of Registration and Education: A Board of Natural Resources and Conservation Advisors, composed of seven persons; a Board of State Museum Advisors, composed of five persons. Members of these advisory boards are to be chosen because of their special qualifications. While it is not required that they devote their entire time and attention to the business of the state, they are expected to place their skill and professional experience at the state’s disposal 256 Report or Reconstruction CoMMISsION whenever needed. The members of the several advisory boards receive no compensation. The Code gives each advisory board the power to study the entire field to which it is related, to advise the departmental officers, to make recommendations to the Governor and the Legislature, and to investigate the conduct and the work of the department of which it is a part. Such boards may also adopt rules and regulations not inconsistent with law and are required to hold meetings and keep minutes. The Code gives the Governor the power, immediately upon taking office, to appoint all of his administrative officers with the advice of the Senate for a term of office equal to his own, that is, four years. The only exception is in the case of the Normal School Board whose members, other than the Director of the Department of Registration and Education, hold office for six years, three members retiring each two years. A considerable improvement was made in the previously existing arrangements as to the location of offices. Before the code was adopted some offices were located at Springfield, some in Chicago and some in a number of smaller cities of the state. Now each department is required to maintain a central office at the capital, although for certain activities it may maintain branch offices in other parts of the state. This plan not only makes a large saving in office rent but it enables the citizens of the state to know where they can find the department with which they wish to do business. The Department of Finance is not only regarded as the most important of the new departments, but it is practically a new conception since it took over little work performed by previously existing administrative agen- cies. The functions of this department are as follows: To prescribe and install a uniform system of bookkeeping, accounting and reporting; to examine into the accuracy and legality of accounts and expenditures of other departments; to examine and approve or disapprove all bills, vouchers, and claims against the other departments; to prepare a budget for submission to the Governor; to formulate plans for better coordination of deposits. In addition to these functions, the Director acts as the financial advisor for the departments directly under the Governor’s con- trol and as an observer for him. Practically all the powers of the depart- ment are vested in the Director who by rules and regulations prescribes how such powers shall be administered. Through the Department of Finance a centralized control of the expenditures made by the agencies responsible to the Governur is secured. While this department has no direct control over expenditures made by any department other than those created by the Code, yet it is required to study the entire field of governmental needs in order to prepare the budget. Pruans in Opxzratrion 257 The Department of Agriculture is given the powers and duties formerly exercised by the following agencies: Board of Live Stock Commissioners, State Veterinarian, Stallion Registration Board, State Inspectors of Apiaries, State Entomologist, State Food Commissioner, State Game and Fish Commission, Humane Agencies, State Laboratory and State Fair Board. It is also charged with certain duties pertaining to gathering and disseminating knowledge relative to agricultural interests. The Department of Labor exercises the powers and duties vested by law in the following previously existing agencies: Commissioner of Labor, Free Employment Offices and Local Free Employment Offices, Chief Inspector of Private Employment Agencies, Chief Factory Inspector, State Board of Arbitration and Conciliation, Industrial Board. It is also required to collect and disseminate information relative to labor. The Department of Mines and Minerals is charged with the exercise of the powers and duties formerly vested in the following : State Mining Board, State Mine Inspectors, Miners’ Examining Commission, Mine Fire Fighting and Rescue Station Commission. The Department of Public Works and Buildings exercises the powers and duties formerly vested in the State Highway Commission, Illinois and Michigan Canal Commissioners, Rivers and Lakes Commission, State Water Survey, Illinois Park Commission, Fort Massace Trustees, Lincoln Homestead Trustees, Lincoln Monument Commission, Superintendent of Printing, Supervising Engineer, State Art Commission. The office of State Architect is abolished and the policy providing for a super- visory architect is substituted. The department is given supervision over all public monuments and memorials erected throughout the State. A strong central purchasing agency is created in the department which makes purchases for all departments, thus affording a means by which the State may not only standardize its purchases but effect a great saving in money by purchasing in large quantities. The Department of Public Welfare exercises the powers and duties which were vested in the following: Board of administration which has jurisdiction over the charitable institutions of the state, State Deportation Agent, State Agent for the Visitation of Children, Officers of Illinois Penitentiary, Illinois Park Commission, Illinois State Reformatory, Board of Prison Industries, Board of Classification and Board of Pardons. The administration of all charitable and penal institutions is consolidated under this department. The Department of Public Health exercises the powers and duties formerly vested in the State Board of Health excepting the registration 9 258 Report or REcoNsTRUCTION COMMISSION of physicians and embalmers. The department is also given other broad and general powers relating to health and sanitation. The Department of Trade and Commerce is charged with the powers and duties formerly exercised by the following agencies: Public Utilities Commission, Insurance Superintendent, Grain Inspector’s Department, Inspector of Automatic Couplers, State Fire Marshal and Statute in Relation to Weights and Measures. The Department of Registration and Education exercises the license powers vested by law in: Board of Veterinary Examiners, Board of Examiners of Horseshoers, State Board of Examiners of Architects, State Board of Examiners of Structural Engineers, State Board of Health, State Board of Pharmacy, State Board of Dental Examiners, State Board of Nurse Examiners, State Board of Optometry and State Board of Barber Examiners. The principal work of the department is the examination of applicants for trades and professions. In conducting these examinations the department has the assistance of examining boards appointed by the director from each profession. The administration of the five normal schools is consolidated under this department. The department also acts as the scientific and investigating body for the other departments. Such educational activities as the Study of Conservation, Natural Resources, Zoology, Botany, Entomology and Geology of the State and the collection of specimens for a museum are placed under this department. Three objections may be made to the Illinois Civil Administrative Code, one of which may be regarded as a defect in the code itself, and the other two as omissions. In the first place, it fails to give the governor or rather his chief administrative officers full and unhampered authority in the appointment of a number of subordinate officers. It is contrary to the principle of responsibility to have a number of subordinate officers appointed by the Governor with the approval of the Senate. Such appointments should be made by the department heads after consultation with the Governor. In the second place, the code does not attempt to codify the existing laws relating to administration. The old laws stand as they were before the adoption of the code. Only the agencies through which their pro- visions are enforced have been changed. If the provisions of the law were followed to the letter, there would be much overlapping and duplica- tion of work. ‘Fortunately, however, the provisions were made in the code requiring co-operation between the new departments whereby much of this duplication may be avoided in the actual administration of the work. Prians in Oprration 259 In the third place, the code is not sufficiently comprehensive. It does not include all the administrative agencies of the State.. The constitutional administrative officers other than the Governor; that is the Lieutenant- Governor, Secretary of State, Treasurer, Auditor of Public Accounts, Attorney-General and Superintendent of Public Instruction, all of which are elective; and two statutory and elective boards, the State Board of Equalization * and the Trustees of the University of Illinois, exist inde- pendently of the code departments. It was found impractical and inex- pedient to make the code, at the time it was enacted, include these agencies. It is hoped that the Constitutional Convention, which is soon to meet, will complete the work of consolidation so far as the constitutional administrative agencies are concerned. Even with these shortcomings, the Illinois Civil Administrative Code constitutes the first comprehensive consolidation scheme enacted into law. It is a worthy example to other states of what can be accomplished by statutory means in the bringing together of scattered administrative agencies and their integration into a real administrative system. Working of the Illinois Plan - Governor Lowden in his message to the Legislature on January 8, 1919, made the following statement as to the working of the Illinois Civil Administrative Code: “ The Civil Administrative Code went into effect on July 1, 1917. It amounted to a revolution in government. Under it a reorganiza- tion of more than one hundred and twenty-five boards, commissions and independent agencies was effected. Nine departments, with extensive and real power vested in each head have taken the place of those bodies which were abolished, and discharge, under the gen- eral supervision of the governor, the details of government for which the governor is responsible. At the time the bill was up for con- sideration it was claimed that it would result in both efficiency and economy. “Tt has more than justified all the expectations that were formed concerning it. The functions of the government are discharged at the capitol. The governor is in daily contact with his administration in all its activities. Unity and harmony of administration have been attained, and vigor and energy of administration enhanced. “Tt seems to me almost providential that it should have been en- acted into law before war actually came. A large number of the state’s most expert officials and employees were drawn upon by the govern- *Upon recommendation of Governor Lowden, the recent Legislature abolished the Board of lization and transferred its duties to a Board of Tax Commissioners (composed of three mémbers appointed by the Governor) under the Department of Finance. 260 Report or Reconstruction Commission ment at Washington because of the exigencies of the war. The same difficulties arose in the conduct of public business, which vexed private business so much. There was necessarily much confusion. The cost of all supplies rose rapidly. Unless the more than hundred scattered agencies, which had existed theretofore, had been welded by the Civil Administrative Code into a compact and coordinate government, anything like efficient state government, during these difficult times, would have been impossible. Illinois, through the greater elasticity and efficiency of her new form of government, was able to meet every emergency of the war without an extraordinary session of her Legislature. “The appropriations made by the last general assembly were based upon pre-war prices and conditions. And yet, we will have completed the biennium without a deficiency in any department under the code, with the exception of the item of supplies for the charitable and penal institutions in the department of public welfare. Idaho The Administration Consolidation Act of Idaho was approved by the Governor on February 19, 1919. The act was passed by the Legislature as an emergency measure and took effect on March 31,1919. The immediate passage of the act was urged because of “ the necessity for the reorganiza- tion of the civil departments of the state . . . soas to effect a saving in the administrative expense and an increase in efficiency.” Organization Under the Idaho Act The administrative consolidation of Idaho organizes the administrative agencies of the government, with the exception of the constitutional offices and boards and certain educational boards, into nine departments: Department of Agriculture, Department of Commerce and Industry, Department of Finance, Department of Immigration, Labor and Statistics, Department of Law Enforcement, Department of Public Investments, Department of Public Welfare, Department of Public Works, Department of Reclamation. As indicated by the accompanying chart, this reorganization does not affect the seven constitutional elective officers, namely, the Governor, Prawns In OPERATION 261 Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, and Superintendent of Public Instruction; also the five constitutional boards, that is, the State Board of Equalization, State Board of Pardons, State Board of Prison Commissioners, State Board of Land Commissioners, and Directors of the Asylum for the Insane. These boards all have ex-officio membership except the Directors of the Asylum for the Insane, who are appointed by the Governor with the approval of the Senate. Each of the nine departments has a single head, called a Commissioner. The Commissioners, with the exception of the Commissioner of Immigra- tion, Labor and Statistics, are appointed by the Governor and remov- able by him in his discretion. The Commissioner of Immigration, Labor and Statistics, is a constitutional officer, appointed by the Governor with the consent of the Senate for two years. He is the only department head whose tenure of office is fixed. The annual salary of each Commissioner is fixed at $3,600. All other salaries under the Administration Con- solidation Act are fixed by the Commissioner of the department con- cerned, with the approval of the Governor, not exceeding, however, the amounts determined upon by the Legislature. In addition to the Commissioners, the following executive and admin- istrative officers are created: In tHe DEPARTMENT OF AGRICULTURE Director of Markets. Director of Animals Industries. Director of Plant Industries. Director of Fairs. In THE DEPARTMENT OF COMMERCE AND INDUSTRY Assistant Commissioner of Commerce and Industry. Director of Banking. Director of the Insurance. Manager of State Industrial Insurance. In THE DEPARTMENT oF LAND INVESTIGATION Fish and Game Warden. In tHE DEPARTMENT oF Pustic WELFARE Public Health Advisor. In toe DEPARTMENT oF PUBLIC WorRKS Director of Highways. In THE DEPARTMENT OF RECLAMATION Director of Water Resources. 262 Report or Reconstruction CoMMISsIon These subordinate officers are appointed by the Governor, are under the direct supervision and control of the commissioners of the several departments. As in the case of the Illinois Code, the Consolidation Act of Idaho does not lay down specific provisions for bureaus or divisions under the depart- ments. However the titles of the subordinate officers would indicate that organization into divisions or bureaus is to be made at the discretion of the department heads. One advisory Board is provided for by the Consolidation Act. This is the Board of Agricultural Advisors, composed of nine unpaid persons appointed and removable by the Governor. They must be representative citizens of the state, engaged in Agricultural pursuits, not excluding representatives of the agricultural press and of the State Agricultural Experiment station. The Board of Agricultural Advisors is given the power to consider and study the entire field of agriculture and to give advice to the executive officers of the department, the Governor and Legislature. Inasmuch as the existing laws remain unchanged — the Consolidation Act changing only the agencies through which the laws are enforced — provisions are made in the act under which “the Governor shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions.” The Department of Agriculture combines the following agencies: State Board of Agriculture, Director of Farms and Markets, State Board of Horticultural Inspection, State Horticultural Inspector, State Bee Inspector, State Livestock Sanitary Board, State Veterinary Surgeon, State Recorders of Brands, State Sealer of Weights and Measures. The Department is charged with the duty of promoting agriculture and marketing throughout the state. : The Department of Commerce and Industry includes powers and duties formerly exercised by the State Bank Department, the Insurance Department, the State Insurance Manager, the Board of Repeal from the decisions of the Banking Commissioner, and the Mine Inspector. This Department executes all laws relating to banks and banking and to insurance and insurance companies doing business in the state. It also administers the State Industrial Insurance Fund. The Department of Finance exercises the rights, powers, and duties vested by law in the State Examiner and the State Depository Board. It is required to supervise and examine state accounts and accounts of private concerns receiving state money. 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Y30NN 40 NOILVZINV Saxo Puans 1n OPERATION 263 State’s chattel property and inspects its securities. State depositories are designated by this Department and are required by it to furnish proper securities. This Department is required to demand and receive reports from the State Treasurer, State Auditor, State Bank Examiner and other officers. It may inspect any state office or any state depository. All state laws relating to the assessment of property and the levy, col- lection, apportionment and distribution of taxes are supervised and enforced by this Department. The State Board of Equalization, a con- stitutional and ex-officio body, is associated with this Department. The preparation of the budget data for the Governor is assigned to this Department, as well as the supervision of the investigation of work in the other departments. The Department of Immigration, Labor and Statistics is the Bureau of Immigration, Labor and Statistics, formerly established by the con- stitution (Article VIII, section 1) and laws. It is empowered to pro- mote the welfare of workers and their commercial, industrial, social and sanitary condition. It is required to collect information upon the subject of labor in its relation to capital, the hours of labor and the earn- ings of laboring men and women. The officials of this Department are required to visit shops, factories, mercantile establishments and other places where working people are employed. The Department may deter- mine and prescribe what safety devices, safeguards and other means of protection are needed to safeguard the employees of factories and workshops. The Department of Law Enforcement is required to exercise the rights, powers and duties originally vested in the Fish and Game Warden, Sec- retary of the State Highway Commission (so far as his duties relate to the registration of motor vehicles), State Board of Medical Examiners, State Board of Dental Examiners, Board of Osteopathic Examination, Idaho State Board of Examiners in Optometry, Board of Pharmacy, State Board of Examination and Registration of Graduate Nurses, Board of Examining Surveyors, State Engineer as ex-officio chairman of the State Board of Examining Surveyors, Idaho State Board of Veterinary Medical Examiners, State Board of Accountancy, State Board of Exam- iners of Architects, and Examining Committee of the State Board of Health for the Examination of Embalmers. This department is required to establish and maintain fish hatcheries and game preserves and to take all necessary measures for the preservation of fish and game. It is also required to supervise the licensing of motor vehicles and motor vehicle manufacturers, dealers and chauffeurs; also to enforce all the penal and 264 Report or Reconstruction CoMMIssiIoN regulatory laws of the State in the same manner and with like authority as the Sheriffs of the counties. In order to assist the Department of Law Enforcement in the regis- tration of occupations, the Commissioner may name from time to time boards, varying from three to six persons, from the various professions to conduct the examinations for state licenses. The Department of Public Investments is authorized to control, loan and invest all the permanent funds of the State in such securities as are designated in the Constitution. It fixes the rate of interest to be charged upon all loans upon real estate; has the custody of all certificates and contracts for the sale of state lands and timbers, all leases of state lands, all mortgages, bonds and other securities in which the permanent funds of the state are invested, and collects all moneys due the state from these sources. The Department of Public Welfare is charged with the exercise of the powers and duties vested in the Board of Directors of the Northern Idaho Sanitorium, the Board of Directors of the Idaho State Sanitorium, the Board of Trustees of the Soldiers’ Home, the State Board of Health, the Bureau of Vital Statistics, and the Dairy, Food and Sanitary Inspector and the State Canvasser. The Department of Public Works is authorized to exercise the powers and duties formerly vested in the State Highway Commission, the State Highway Engineer, the Board of Trustees of the Capitol Building, and the Heyburn Park Board of Control. This Department constructs and maintains state highways and cooperates with and receives aid from the federal government for the improvement of state highways. Coopera- tion is established between the county and highway district commissions and this Department. The Department of Reclamation exercises the powers and duties vested in the State Engineer and the State Board of Land Commissioners, an ex-officio and constitutional body. Result of Idaho Act The Idaho Administration Consolidation Act abolishes more than forty administrative offices, boards, commissions and other agencies. As has already been pointed out, the act does not include the functions performed by six constitutional administrative officers, other than the Governor, and by five constitutional boards. However, the functions of two of these boards are amalgamated with the work of the new depart- ments. In the case of the certain constitutional boards, namely the Prans In Oprration 265 State Board of Pardons, the State Board of Prison Commissioners, and the Directors of Asylum for the Insane, no definite provisions are made in the Consolidation Act for association with the new departments. Several statutory boards performing educational functions still exist, since the Act does not take into account educational activities. While the Idaho Act does not attempt to codify the existing laws re- lating to administration, it makes provisions, as does the Llinois Code, to avoid overlapping and duplication of work by requiring cooperation be- tween the new departments. The Idaho Consolidation Act has accomplished as thorough a reor- ganization of the state administration as is possible without changing the Constitution. It contains the basis of a consistent, well-ordered plan. However, as in Illinois, constitutional changes are necessary in order to make the plan comprehensive and complete. Nebraska A Joint Committee of the House and Senate, authorized by the Legis- lature of 1918, made a study of the administrative organization of the State of Nebraska. In a report dated May 15th, 1914, this Committee observed that in the thirty-nine years which had elapsed since the adop- tion of the Constitution of 1875, the original seven executive depart- ments had been increased to eighty-two distinct objects of appropriation. The Committee recommended that the next Legislature provide for a survey to bring about consolidation and reorganization. The movement for consolidation was further stimulated by the recom- mendations contained in the messages of Governors Moreland and Neville to the Legislature. In the last Republican platform the follow- ing promise was made to the voters of the State: “We favor the enact- ment of a Civil Administrative Code in this State, creating a financial and accounting system whereby a vigorous and effective audit over financial expenditures of the state may be established, and providing for the consolidation of the boards, institutions, commissions and different departments and agencies of government, thereby eliminating useless offices and positions and avoiding the overlapping functions thereof, and we further favor the creation of an effective budget system to the end that government functions may be more efficiently and economically administered.” Under the leadership of Governor WcKdete the Nebraska legislature of 1919 passed a law creating a Civil Administrative Code. 266 Report or Reconstruction ComMMIssIon Organization Under the Nebraska Code The Civil Administrative Code of Nebraska creates the following administrative departments: Department of Finance, Department of Agriculture, Department of Labor, Department of Trade and Commerce, Department of Public Welfare, Department of Public Works. This reorganization includes practically all changes in organization which can be made without constitutional amendment. There are eight constitutional officers, Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor of Public Accounts, Attorney-General, Com- missioner of Lands and Buildings, and Superintendent of Public In- struw.tion. There are also four constitutional boards —the State Rail- road Commission, composed of three members elected for a term of six years; the Board of Regents, composed of six members elected for a term of six years; the Board of Commissioners of State Institutions, com- posed of three members appointed by the Governor with the consent of the Senate for a term of six years, and the Board of Educational Lands and Funds, composed of ex-officio members. Two statutory boards, the State Board of Equalization and the State Board of Agricul- ture, are continued and are attached to the Department of Finance and the Department of Agriculture, respectively. Each of the six departments has a single head, known as a Secretary, who is appointed by the Governor with the approval of the Senate for a term of two years. The Code prescribes an annual salary of $5,000 for each of these Secretaries, which is twice that received by the Governor. Under the code the Governor is required to confer with the department heads relative to appointments and to appoint such deputies, assistants, employees and clerical help as may be necessary. The Secretary of each Department prescribes regulations for his De- partment. Each Department is required to maintain a central office at the capitol of the State and may establish branch offices upon the approval of the Governor. Each Department makes investigations of all books and records of any person, firm, or corporation under the control of, doing business with, or regulated by the state. The Department of Finance prescribes and installs uniform accounting in the other departments. It supervises the accounts and financial Prans In OPERATION 267 reports of the other departments, keeps summary and controlling ac- counts of the expenditures of these departments, and approves or dis- approves all vouchers, bills, and claims. Investigation of duplication of work of the departments, as well as the publication of information with reference to the administration, are vested in the Department of Finance, which is required to act as a staff agency to the Governor in the preparation of the budget. This department also prescribes uniform rules governing the purchase of supplies. It is given supervisory powers over taxation, the work of the State Board of Equalization being merged into it. The work of this department is composed mainly of new func- tions. Only the functions of one office, the State Printer, have been taken over by this department. The Department of Agriculture is vested with the powers and duties originally performed by the Food, Drug, Dairy and Hotel Commission, the Livestock Sanitary Board, the Board of Survey and Public Welfare, and Deputy Game Warden. The State Board of Agriculture, which is a statutory board, was not abolished by the code but was made advisory to this Department. In addition a new function of markets and market- ing has been added to the Department of Agriculture. The Department of Trade and Commerce is vested with the powers formerly exercised by the State Banking Board, the State Insurance Board and the Deputy Fire Commissioner. The State Railway Com- mission, a constitutional and elective board, cooperates with this depart- ment in the exercise of its functions. This department also admin- isters the “ Blue Sky ” law with reference to corporations. The Department of Labor assumes the powers and duties formerly vested in the Compensation Commission and Deputy Labor Commis- sioner. It administers 'Workmen’s Compensation, prepares industrial statistics, and maintains a free employment bureau. It also admin- isters the child labor law, health and sanitary inspection, and the safety regulation of factories and other places of employment. A State Board of Mediation and Investigation is created, which consists of the Gov- ernor and the Secretaries of the six Code Departments. The Department of Public Works discharges the functions vested by law in the State Board of Highways, Irrigation and Drainage. It also takes over the licensing of motor vehicles from the office of the Secretary of State. The construction of all highways, irrigation works, and drainage within the state is under the supervision of this department. The Department of Public Welfare performs the functions of the State Board of Health, the Child Welfare Commission and the Board of Pardons and Parole. It is charged with the execution and enforcement of all laws relating to food inspection, sanitation and the prevention of 268 Rerort or Reconsreuction ComMIssIon contagious and communicable diseases. The department is required to conduct examinations for licensing of physicians, surgeons, chiropracti- tioners, dentists, nurses, pharmacists, optometrists, embalmers and veter- inary surgeons. It has the enforcement of laws relating to weights and measures. It supervises the registration of vital statistics. The state system of public charities and corrections is under the direction of this department as well as the regulation of maternity homes and the placing of dependent and delinquent children. Result of Nebraska Code The Code eliminates eight boards and commissions and consolidates ten departments that have similar functions, into six main departments, the heads of which are appointed by the Governor and confirmed by the Senate. It gives the Governor no power that is not provided by the Constitution or the law. He will make fewer major appointments under the Code than he made under the old law. Unlike the codes of Illinois and Idaho, the Nebraska Code brings together and codifies the administrative law of the State. In this way the overlapping functions between the newly created departments have been eliminated by revision and numerous new duties essential to the successful operation of the several departments have been added. Nebraska has followed the same general plan in the adoption of her codes as have Illinois and Idaho. As in the other two states a thorough- going centralization of the administration is impossible without consti- tutional amendment. 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LNUNZLAI AONASAOH ANVLSE8SSS i Oland 40 NOLiaay lUYalatiisued (Uueliatiioucy fPUsisn}iysucy (CUd UAL Suod sau2k 9 aaa savak 2 wha dy SavsAK 2 ~wdaj SAOBK Z -tusay i Suzquiau @ : § SIN3Day NOULINMISHT BTA “Vy SaNad NOISSTAWOD AO dyuvog | 40) IN3ONSLNIUSdh ABNWAOL LY YaUasvayas QvowUrNva Biyic 3LVLS SHL 490 BLlvu01337 6161 10 3GOD B2AliV NOtiva ¥ISININGYV a! ASINIWNGY aivis | AWD AHL 42aqNn VHSVUGAN 4O NOILYVZING DUA Prans Unprer ConsipERATION 269 CHAPTER IV.— PLANS UNDER CONSIDERATION The Massachusetts Plan The Joint Special Committee on Finances and Budget Procedure, ereated under joint order of the Legisiature of May 28, 1917, and con- sisting of three members of the Senate appointed by the President and six members of the House appointed by the Speaker, was empowered to “investigate and consider the matter of the consolidation and abolition of commissions.” In the report of this Committee to the Legislature of 1918* a tentative plan of consolidation was proposed. The com- mittee reported that after visiting Illinois and studying the results of the organization there, it was convinced that the adoption of such a system was desirable. It stated that the administrative work of Massa- chusetts was at that time performed by two hundred and sixteen more or less independent agencies; one hundred and ten of which had a single official in charge; three of which had a single official with an advisory council; and one hundred and three of which were boards or commissions. The tentative plan proposed by the Committee provided for the retention of the five elective constitutional administrative officers, namely, the Gov- ernor, Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth, Attorney-General, as well as Council to the Governor, consisting of nine elective members. The remaining administrative agencies were to be grouped under eleven bureaus or departments, the heads of which were to be appointed by the Governor with the approval of the Council. These departments or bureaus were to be as follows: Civil Service Control, Military, Public Utilities, Public Works, Public Health, Banking and Taxation, Commerce and Labor, Conservation of Natural Resources, Registration and Education, State Welfare, Metropolitan District Commission. The Constitutional Convention of Massachusetts, which held its fina? sessions during the summer of 1918, took up the subject of administrative consolidation. Although no detailed study had yet been made of the administrative agencies of the state the Convention agreed upon a proposed * House No. 1185. 270 Repvort or Reconstruction CoMMISssION -amendment to the Constitution designed to bring about more efficient administration of the business of the state. This amendment was sub- mitted to a vote of the people on November 5, 1918, and was ratified. The amendment reads as follows: ‘On or before January 1, 1921, the executive and administrative work of the Commonwealth shall be organized in not more than twenty departments, in one of which every executive and administrative office, board and commission, except those officers serving directly under the Governor or the Council, shall be placed. Such departments shall be under such supervision and regulation as the General Court may from time to time prescribe by law.” * It is claimed that the work of getting the amendment through was facilitated by the postponement of investigations similar to those made in Illinois and New York. It is asserted that since there was no definite plan of reorganization before the Convention, consolidation was con- sidered upon its merits and was not hindered by the rivalry and jealousy of the existing officers or by political bickering over the details of the plan. No one in the Convention knew definitely what administrative agencies were to be abolished. For this reason the opposition was unable to offer concrete objections to the plan and to muster the office holders who might be eliminated by its operation. Preceding the beginning of the 1919 session of the Legislature, the Supervisor of Administration made a general survey of the administra- tive agencies of the State. He proposed a plan of consolidation which was submitted to the 1919 Legislature together with a number of bills designed to carry the plan into effect. This plan proposed no changes in the offices of the elective constitutional officers except the addition of a few new functions. Five of the proposed departments were, therefore, to be headed by constitutional officers: Governor and Council, Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth, Attorney-General. The Office of Supervisor of Administration was placed under the Governor and the Council. The remaining administrative agencies ef the State were grouped under fourteen departments as follows: Department of Tax Commissioner and Commissioner of Cor- porations, Department of Public Utilities, Department of Publie Health, Department of Accounting, Banking and Insurance, *Amendment No. 19. Puians Unper ConsipERATION 271 Department of Industrial Accidents, Department of Labor and Industry, Department of Education and Registration Department of Public Works, Department of Agriculture, Department of Institutions, Department of State Welfare, Department of Public Safety, Department of Civil Service, Department of Metropolitan District. Thus all the administrative agencies of the State were grouped under nineteen proposed departments. In the bills which the Supervisor of Administration submitted to the Legislature and which were designed to set up his proposed reorganiza- tion, no consistent scheme seems to have been followed in working out the overhead organization of the proposed departments. Some of them were to be administered by single heads and others by commissions. The proposed Departments of Registration and Education, Public Works, Agriculture, Accounting, Banking and Insurance, Welfare, and Public Safety were to be headed by Directors appointed by the Governor with the approval of the Council for terms varying from three to five years, the term of the Governor being two years. Some of these departments were to have advisory boards appointed by the Governor with the consent of the Council, consisting of from five to eight members with overlapping terms, varying from three to five years. The Departments of: Public Utilities, Metropolitan District and Civil Service were to be headed by Commis- sions composed of three members each appointed by the Governor with the consent of the Council with overlapping terms varying from three to six years. The Department of Labor and Industry was to have a Director as administrative head appointed by the Governor with the con- sent of the Council for a term of four years, and three commissioners to act as a Board of Arbitration and Conciliation appointed by the Gov- ernor with the consent of the Council for overlapping terms of three years. In addition to the proposals for reorganization submitted by the Super- visor of Administration, several other proposals were submitted by mem- bers of the Legislature in the session of 1919. After lengthy consideration of the proposed plans as embodied in the separate bills before the Legislature, it was decided to frame a single bill which would contain the entire consolidated organization. Accord- ingly this bill was prepared by the Legislative Committee on Admin ? 272 Report or Reconstruction CoMMIssION istration and Commissions to which had been referred Governor Coolidge’s recommendations and various bills with regard to administrative reor- ganization. The Consolidation Bill* was presented to the Legislature on June 6, 1919. The Administrative Consolidation Bill now before the Massachusetts Legislature proposes to group the executive and administrative functions of the State, “except those which pertain to the Governor and the Council, or are exercised and performed by officers serving directly under the Governor or the Governor and Council,” into the constitutional depart- ments of Secretary of the Commonwealth, Treasurer and Receiver-Gen- eral, Auditor of the Commonwealth, Attorney-General, and the following new departments created by the bill: Department of Agriculture, Department of Conservation, Department of Banking and Insurance, Department of Corporations and Taxation, Department of Education, Department of Civil Service and Registration, Department of Industrial Accidents, Department of Labor and Industries, Department of Mental Diseases, Department of Correction, Department of Public Welfare, Department of Public Safety, Department of Public Health, Department of Public Works, Department of Public Utilities, Department of Metropolitan District. It will be seen that the above plan proposes the organization of twenty departments — the maximum number permitted under the constitutional amendment — not including the Governor’s office. Under the Governor and the Council are placed the military and naval functions, the Office of Supervisor of Administration, the Armory Commissioners, the Art Commission, the Short Ballot Law Commission, the Board of Appeal from Decisions of the Tax Commission, the Commission of the Uniformity of Legislation, the Commissioner of State Aid and Pensions and the Trus- tees of the State Library. The bill also empowers the Governor with the approval of the Council to appoint a Superintendent of Buildings for a term of three years. He is to have the care and operation of the state house and to manage the purchasing of supplies for the state departments. * House No. 1830. Prans Unper ConsipERATION 273 A Purchasing Agent and a Storekeeper may be employed to assist in the latter work. Since the Secretary of the Commonwealth is a constitutional elective officer, the only changes made by the consolidation bill in the work of his department are the addition of the functions now performed by the Commissioner of Public Records and the Bureau of Statistics, both of which are abolished. The Treasurer and Receiver-General is a constitutional officer elected for a term of two years. In addition to his present functions the exist- ing Board of Retirement and the Commissioners of Firemen’s Relief are placed in his department. These boards continue to exist and to perform their present functions. The department of the Auditor and the Attorney-General remain as organized at present. The Department of Agriculture is placed under the supervision and control of a Commissioner of Agriculture and an Advisory Board of six members all of whom are appointed by the Governor with the advice and consent of the Council. The Commissioner is to serve for a term of three years and the members of the Advisory Board are appointed for overlap- ping terms of three years, two being appointed each year. The annual salary of the Commissioner of Agriculture is not to exceed $5,000. Each member of the Advisory Board is to receive $10.00 per day while in conference and actual traveling expenses. While the bill states that the Commissioner of Agriculture is to be the administrative and executive head of the department, it requires that he shall obtain the approval of the Advisory Board in order to appoint and remove the Directors of Divisions under him. The Department of Conservation is to be under a Commissioner of Conservation to be appointed by the Governor with the advice and consent of the Council for a term of three years at a salary not to exceed $5,000 per year. The Department is to be divided into four Divisions, the heads of three of which are to be appointed by the Governor with the consent of the Council and the fourth to be the Commissioner of Animal Industry of the present Department of Animal Industry, which is transferred to and placed under the Department of Conservation. The Commissioner of Animal Industry is to be appointed as now provided by law. The existing office of State Ornithologist is to be continued and to be placed under the Department of Conservation. The Department of Banking and Insurance is to be organized into three divisions, a Division of Banks and Loan Agencies, a Division of Insurance and a Division of Savings Bank Life Insurance. Each of these Divisions is to be under the direction and control of a Commissioner. 974 Report ofr RECoNsTRUCTION COMMISSION Two of these commissioners are to be appointed by the Governor with the consent of the council, for a term of three years each. The Com- missioner of Savings Bank Life Insurance is to be one of the board of trustees of the corporation known as the General Insurance Guarantee Fund, his term of office to be that of his appointment as trustee. The Department of Banking and Insurance will thus have three heads. The present Board of Trustees of the General Insurance Guarantee Fund and the Board of Bank Incorporation continue to exist under the Depart- ment of Banking and Insurance and perform the functions now assigned to them. ; The Department of Corporations and Taxation is to consist of the office of Tax Commissioner and Commissioner of Corporations as now organ- ized. The present Tax Commissioner and Commissioner of Corporations is to become the Commissioner of Corporations and Taxation. He 1s to receive a salary not to exceed $7,500. The department is to be organ- ized into four divisions, an Income Tax Division, a Division of Taxation, a Division of Corporations and a Division of Accounts. Each of the Divisions is to be in charge of a Director appointed by the Commissioner with the approval of the Governor and Council. The Department of Education is to be under the supervision and con- trol of a Commissioner of Education and a Board of Education composed of six members appointed by the Governor with the advice and consent of the Council. The Commissioner is to be appointed for a term of five years, at a salary not to exceed $7,500. The members of the Board are to be appointed for overlapping terms of three years two each year. At least two members of this board are to be women, one of whom shall be a teacher. : The Department of Education is to be organized into such divisions as the Commissioner with the approval of the Governor and Council may determine, which divisions must include a Division of Public Libraries, a Division of Education of Aliens and a Division of the Blind. The Division of Public Libraries is to consist of the Board of Free Public Libraries as now organized. The Division of Education of aliens is to consist of a Director, who may be a woman, and an advisory board of six members appointed by the Governor with the consent of the Council. The director is to be appointed for five years and the members of the advisory board for overlapping terms of three years each. The Division of the Blind is to consist of the Commission for the Blind as now organ- ized. Such other divisions as may be organized by the Commissioner are required to have a Director in charge appointed by the Commissioner with the approval of the Board of Education. Hence the proposed Depart- ment of Education is composed of three divisions, administratively inde- Prawns Unprer ConsipERATION 275 pendent of each other, and a group of divisions under the Commissioner of Education and the Board of Education. The present Board of Trustees of the Massachusetts Agricultural College, the Board of Commissioners of the Massachusetts Nautical School, the Trustees of the Bradford Durfee Textile School, the Trustees of the Lowell Textile School, the Trustees of the New Bedford Textile School, the Teachers’ Retirement Board, the Board of Free Public Library Commissioners and the Commission for the Blind are continued in existence and are placed in the Department of Education. The Department of Civil Service and Registration is to be organized into two divisions, a Division of Civil Service and a Division of Regis- tration. The Division of Civil Service is to be under the control of a Commissioner of Civil Service and two Associate Commissioners appointed by the Governor with the approval of the Council for over- lapping terms of three years. The Commissioner is to receive $5,000 annually and with the Associate Commissioners constitutes a board which will prepare rules and regulations and hold hearings on civil service matters. The Division of Registration is to be under the supervision of a Commissioner appointed by the Governor with the approval of the Council for a term not to exceed two years, with an annual salary of $1,500. There are no provisions for coordinating the work of these two Divisions. Hence in reality tavo independent departments have been set up in the Department of Civil Service and Registration. The present Board of Registration in Medicine, the Board of Dental Examiners, the Board of Registration in Pharmacy, the Board of Regis- tration of Nurses, the Board of Registration in Pharmacy, the Board of Registration of Nurses, the Board of Registration in Embalming, the Board of Registration in Optometry, the Board of Registration in Vet- erinary Medicine and the State Examiners of Electricians continue in existence and are placed under the Division of Registration. The Department of Industrial Accidents is to consist of the present Industrial Accident Board as now organized, and its duties and functions are to be the same as those of the present board. The proposed Department of Labor and Industries is to be under a Commissioner of Labor, an Assistant Commissioner, who may be a woman, and three Associate Commissioners, one of whom is to be a representative of labor, and all of whom are to be appointed by the Governor with the approval of the Council. The Commissioner and the Assistant Commissioner are to be appointed for terms of three years each while the Associate Commissioners are to be appointed for overlapping terms of three years each. The Commissioner is to receive $5,000 annually and the Assistant and Associate Commissioners $4,000 each. 276 Report or Reconstruction Commission The Associate Commissioners are to exercise the functions now vested in the Board of Conciliation and Arbitration and the Minimum Wage Commission. The Department of Mental Diseases is to consist of the Massachusetts Commission on Mental Diseases, as at present organized. The Commis- sioner of Mental Diseases is to be the administrative and executive head of the department and is to act under the provisions of the law at present relating to him. The Department of Correction is to be under the control of a Commis- sioner of Correction appointed by the Governor with the approval of the Council for a term of three years at an annual salary not to exceed $6,000. The Commissioner with the approval of the Governor and Council is to appoint and remove two Deputy Commissioners who are to perform such duties as the Commissioners may prescribe. The Department of Public Welfare is to be under the supervision of a Commissioner of Public Welfare and an Advisory Board, two of whom are to be women, all of whom are to be appointed by the Governor with the consent of the Council. The Commissioner is to be appointed for a term of five years and the members of the Advisory Board for overlapping terms of three years, two being appointed each year. The Commissioner is to be ex-officio a member of the Advisory Board and is to receive a salary not lo exceed $6,000 per year. The Department is to be organized into three divisions: A Division of Aid and Relief, a Division of Child Guardianship and a Division of Juvenile Training. Each of these divisions is to have a Director. The Director of Aid and Relief and the Director of Child Guardianship are to be appointed, removed and their salaries fixed by the Commis- sioner, with the approval of the Governor and the Council. The Director of Juvenile Training is to be a member of the Board of Trustees of Massachusetts Training Schools, designated by the Governor, and is to receive no compensation. The last-named officer, therefore, for all practical purposes is independent of the Commissioner of Public Welfare. The present Board of Trustees of Massachusetts Training Schools, the Board of Trustees of the Massachusetts Hospital School, and the Board of Trustees of the Massachusetts Infirmary and State Farm are trans- ferred to this department and are continued in existence. The Commissioner of Public Welfare is required ‘to prepare and present for the approval of the Advisory Board rules and regulations governing the conduct of his department which are to take effect upon the approval by a majority of the members of this board. The present State Department of Health is to become the proposed Prans Unvier ConsmpeRstion 277 Department of Public Health and the present Commissioner of Health is to be known as the Commissioner of Public Health. The powers and duties vested in the existing department are to be transferred to the proposed Department. The Department of Public Safety is to be under control of a Com- missioner of Public Safety appointed by the Governor with the consent of the Council for a term of five years at an annual salary not to exceed $5,000. The department is to be organized into three divisions: A Division of State Police under the direction of a Commissioner, a Divi- sion of Fird Prevention under the charge of a Director to be known as the State Fire Marshal and a Division of Inspection under the charge of a Director to be known as Chief of Inspections. The Fire Marshal and the Chief of Inspections are to be appointed by the Governor with the consent of the Council for terms of three years at an annual salary not to exceed $4,000. The Department of Public Works is to be under the control of a Com- missioner of Public Works and Four Associate Commissioners, all of whom are appointed by the Governor with the approval of the Council. The Commissioner is to be appointed for a term of three years. The Associate Commissioners are to be appointed for overlapping terms of two years, two being appointed each year. The Department of Publie Works is to he divided into a Division of Highway and Division of Waterways and Public Lands. The Governor is to designate two of the Associate Commissioners to have charge of each of these divisions, thus making a dual-headed administration of the divisions. The Department of Public Utilities is to be under the control of a com- mission of five members appointed by the Governor with the consent of the Council for overlapping terms of five years each. The Governor is to designate one of the commissioners as Chairman, who will receive an annual salary of $9,000. The other commissioners are to receive an annual salary of $8,000 each. The Department of Metropolitan District is to be under the control of a Commissioner and four Associate Commissioners, all of whom are to be appointed by the Governor with the approval of the Council. The Com- missioner is to serve for a term of five years and the Associate Com- missioners for overlapping terms of four years each. The Commissioner is to receive an annual salary not to exceed $6,000 and the Associate Commissioners are to receive $1,000 each per year. It is obvious that the proposed plan for consolidation in Massachusetts, ag above outlined, is little more than a carefully contrived scheme for 278 Report or Reconstruction CoMMIssIon retaining in office practically all of the officials connected with the present administrative agencies. Very few offices have been abolished. Most of the present agencies have been continued in existence and placed under the various departments of the proposed plan without alteration either in personnel or duties. ‘Seven boards and commissions which apparently did not fit into the scheme anywhere else were placed under the Gover- nor’s office. The overhead organization set up under this plan for the various depart- ments is both illogical and inconsistent. Some departments are admin- istered by single heads and others by commissions. Some departmental heads are elective, others are appointed by the Governor and the Council. In the case of the Department of Education the administrative authority is vested in the commissioner and a board of six members. Under this department are three bureaus, not only independent of each other but also of the remaining bureaus of the department. The Department of Banking and Insurance has three independent heads. Evidently those who drafted the bill noted that this department was not an administrative entity since they inserted a provision requiring the three commissioners to “act as a board in all matters concerning the department as a whole”. The department is therefore only nominally unified. The Department of Civil Service and Registration is in reality two independent divisions, since the head of the Division of Civil Service and the heads of the Division of Registration are independently appointed and no provisions are made for the coordination of the work. In the Department of Public Works one of the divisions provided for by the bill has a two-headed administration. Some of the existing func- tions have not been properly classified under the proposed departments. For example, the present Commissioner of Animal Industry is placed in the Department of Conservation. The provisions with reference to the appointment of department heads, departmental boards and subordinate officers are so complicated and involved as to destroy all responsibility for action. All appointments made by the Governor must have the approval of the Council, an inde pendent elective body of nine members. The administrative officers are appointed in practically all cases for terms of three or five years, and the members of the administrative and other boards are usually appointed for overlapping terms of from three to six years. In all cases except those of the elective constitutional officers, the terms of the administrative officers are longer than that of the Governor, his term being fixed by the constitution at two years. Even if some administrative officers were not elective and if the Governor did not have to share responsibility with the Prans Unprer ConsipERATION 279 Council in the appointment of the administrative officials, he could not be held fully responsible for the administration of the departments because of the much longer terms of most of the administrative officials. There is in Massachusetts, as in those states having administrative codes in operation, great need for constitutional revision. A comprehen- sive and consistent plan of administrative consolidation cannot be adopted until a number of elective administrative officers have been removed from the Constitution and made appointive by the Governor. There is also little need for the existing Council of nine elective members which shares with the Governor responsibility in the administration of the state. Instead of one Governor, Massachusetts has ten Governors,* The Proposed Oregon Plan In 1909 and 1911 the People’s Power League of Oregon published a proposed plan for the reorganization of the state government, which con- centrated executive power in the hands of the Governor — checked only by an elective auditor— and established close relations between the Governor and the Legislature. In 1912 and 1915 the League submitted a part of their plan to the voters, and it was defeated. Later it pro- posed to abolish one house of the Legislature, to give the Governor a seat in the remaining house, to destroy “log-rolling” by giving the Governor power to initiate the budget and limiting the power of the Legislature to decreasing and to centralize administrative authority in the Governor. These proposals, however, did not meet with success. Later the Legislature became interested in reorganization of the state government. During the 1915 session, a Joint Committee was appointed for the purpose of consolidating existing agencies, but this committee accomplished nothing. The 1917 session, however, provided for a “ com- mission of seven business men” to study the state administration with a view to consolidation. This Commission was duly appointed by the Governor and became known as the Consolidation Commission. It was instructed to report to the 1919 Legislature. After its organization it secured the assistance of one or two of the state administrative agencies. Later it engaged Pro- fessor John M. Mathews of the University of Illinois and Mr. Fred Topkin of Portland to make the report. The report of the Consolidation Commission as submitted to the 1919 Legislature, gives in the space of forty-five pages a concise statement of the present administrative conditions and lays down specific recommenda- ~* Since this report has gone to press, the Massachusetts consolidation bill has been signed by the Governor. There are only a few minor changes in the plan as outlined above. 280 Report or Reconstruction CoMMISsION tions for consolidation. It points out that under existing statutes there are three principal ways of choosing state officials: By election of the people; by appointment of the Governor; by appointment of the Goy- ernor, Secretary of State and State Treasurer, in addition to many appointments made by sundry boards and commissions. It then lays down certain fundamental principles which are to guide in the plan of reorganization. It states that “no efficient businesslike administration of state affairs in Oregon can be expected unless some one officer who is fully responsible to the people can control all the important departments of the administration, with the possible exception of the auditing and treasury departments. The Governor does not do so at present, however, for three reasons: Because there are too many elective officers; because the administration is split up into too many departments for the Governor to exercise adequate control over them; and because the appointing power is too often shared with other officials, boards, and commissions.” It further asserts that, “It is commonly supposed that the State of Oregon has only one governor, just as there is but one president of the United States. This supposition, however, is a mistake * * * instead of one Governor, Oregon has a multitude of governors.” The following principles are, therefore, laid down by the report: (1) That the Gov- ernor should appoint all heads of administrative departments under the reorganized and consolidated administration; (2) That in making appointments the Governor should be privileged to act in all cases with- out confirmation by the Senate and should have unhampered power of removal; (3)That all minor officers of the department should be chosen under the civil service regulations. The Consolidation Commission proposes in its report to consolidate all existing administrative agencies of Oregon into ten departments, which consolidation will involve both constitutional and statutory changes. These departments are as follows: Finance Department, Law Department, Tax Department, Department of Education, Department of Labor, Department of Health, Department of Agriculture, Department of Trade and Commerce, Department of Public Welfare (Institutions), Department of Public Works. The two hundred and fifty officials under the present scheme will be reduced to forty officials. Pians Unprer ConsipERATION 281 The proposed Finance Department is to include the present functions of the Secretary of State, State Treasurer, State Printer, and six ex officio boards. At the present time the Secretary of State acts as State Auditor. The report recommends that the function of auditing be separated from the office of Secretary of State and that the office of State Auditor of Public Accounts be created to be appointed by the Legislature or elected by the people. The Finance Department is to be charged with the preparation of the budget for the Governor, the assessment and collection of taxes, the custody of funds, the registration of motor vehicles and the purchas- ing of supplies. The Department of Law is to remain as at present constituted except that the Attorney-General is to be appointed by the Governor instead of elected by the people. This change is recommended because he is an administrative rather than a judicial officer, his important function being in the capacity of legal adviser to the Governor and various state adminis- trative departments. The present State Tax Commission, composed of three ex officio mem- bers (Governor, Secretary of State and State Treasurer) and the State Tax Commissioner appointed by the Governor, is to be reorganized by eliminating the ex officio members and will then constitute the proposed tax department. The head of this Department will have the assistance of two deputies appointed by himself. The proposed Department of Education is to have as its head the Super- intendent of Public Instruction to be appointed by the Governor. He is to have the advice and assistance of a Board of Education consisting of seven members, of which he is to be an ex officio member and chairman. The members of this Board are to be appointed by the Governor for over- lapping terms of six years each. The six existing educational boards are to be abolished. The proposed Department of Labor is to assume the functions of all the existing labor agencies which are to be abolished. The head of this Department is to be the Director of Labor appointed by the Governor. He is to appoint with the approval of the Governor two Deputy Directors. The three will constitute a board to handle all deliberative or quasi- judicial functions of the department. The proposed Department of Public Health is to be under the control of a Director of Public Health to be appointed by the Governor. There is to be created an Advisory Health Council of seven members appointed by the Governor of whom the Director of Public Health is to be ex officio a member and Chairman. The examination and registration of phy- sicians, surgeons, chiropractors, optometrists, pharmacists, nurses, dentists and barbers will be under the administration of this Department. 282 Report or Reconstruction CoMMISSION Agricultural and related functions, such as the management of fairs and the licensing of veterinary surgeons, are to be brought together under « ° the proposed Department of Agriculture. This department is to be estab- lished under a Director of Agriculture appointed by the Governor. Attached to the Department is to be an unpaid Advisory Council of Agri- culture composed of five practical farmers from the state-at-large, appointed by the Governor, representing different agricultural interests, and not excluding the Director of the Agricultural Experiment Station. The proposed Department of Trade and Commerce will include the insurance, banking and public service functions as well as the regulation of pilots and weights and measures. The Department is to be administered by a director appointed by the Governor. He is to have the assistance of four Deputies who will act as heads of Bureaus within the Department. A Public Utilities Commission to be composed of the Director of the Department and two Deputies appointed by him, or two technical experts now serving under the Public Service Commission designated by the director will perform the quasi-judicial work in connection with the regulation of public utilities. The Department of Public Welfare will have at its head a Director of Publie Welfare to be appointed by the Governor. Attached to the department will be an unpaid Advisory Board of five members appointed by the Governor, at least one of whom is to be a woman. The proposed Department of Public Works is to be placed under the administration of a Director of Public Works appointed by the Governor. This Director will appoint six Deputy Commissioners to head the pro- posed bureaus. Associated with the Department will be an unpaid Advisory Board of three Highway Commissioners to be appointed by the Governor to advise the State Highway Engineer in the performance of his duties. The conservation agencies of the State are to be included in this department. , The Commission in its report estimated that a saving to the State would be made by the adoption of its plan of consolidation amounting to from five to eight hundred thousand dollars annually.* Plan Proposed for Delaware During the summer of 1918 the Delaware State Council of Defense engaged the New York Bureau of Municipal Research to make a com- plete survey of the state administration, as well as the government of * Since this report has gone to press, the Oregon plan has been rejected by the Legislature. Prans Unper ConsipERATION 283 three counties of the State and the city of Wilmington. This survey was completed by the end of the year and a report submitted to the State Council of Defense for its approval and presentation to the Legislature. It was found in making this survey that the administrative branch of the Delaware state government includes one hundred and seventeen sepa- rate agencies. These agencies are in nearly all cases independent of one another and subject to no direct and effective supervision. Of the heads of these agencies, six are elected by the voters, eighty-three are appointed by the Governor, two are appointed by the judge of the superior court of the State, twelve are appointed by the boards and administrative officers other than the Governor, and fourteen are ex-officio heads. Fifty-four of these heads of agencies are boards or commissions. There was found to be much overlapping and duplication of work as well as scattering of functions. For example, the finance administration of the State is vested in a board of elective and appointive officials and ex officio boards so or- ganized as to be without effective supervision or fixed responsibility. The collection of the state revenue is made the duty of several independent officers such as the Insurance Commissioner, Secretary of State, Collector of Oyster Revenues, County Clerks of the Peace and numerous other local officers. The functions of health and of charities and correction are dis- tributed among several boards and officers working independently of each other. The Report further points out that Delaware’s present administrative system is not adapted to unified financial planning and control, and says that if the Governor were empowered to prepare a budget for legislative consideration, he could not do so effectively if he had to deal with one hundred different agencies. The Report set forth the following general recommendations for the reorganization of the administrative system of Delaware: “1. The Governor should be the only elective administrative officer in the state government. “9. The Governor should have the sole power to appoint and re- move all executive officers. To require the consent of the Senate is to make this power conditional and to permit responsibility to be shifted. “3. The responsibility for preparing the budget of the state should be placed squarely upon the Governor. “4. The office of Lieutenant-Governor should be abolished. Ex- cept in the case of succession to the governorship * * * the Lieutenant-Governor plays an insignificant role in Delaware. The Senate should choose its own presiding officer. * * * The Sec- 284 Rerort or Reconstruction ComMMIssIon retary of State might well be designated Governor in case that office should become vacant. “5, It is proposed that present organization of the central author- ity in the state militia should remain unchanged. The state con- stitution quite properly makes the Governor commander-in-chief of the militia and requires him to select the staff, of which the Adju- tant-General is the principal officer.” The specific recommendations in the Report are that the work of all the existing offices, boards, commissions, and other agencies should be distributed among the following nine departments, each to be headed by an officer appointed by the Governor and responsible to him: Department of State, Department of Finance, Department of Labor and Industry, Department of Health, Department of Public Welfare, Department of Agriculture, Department of Highways and Drainage, Department of Education, Department of Law. With reference to the creation of new administrative agencies in the future, the Report recommends “that a constitutional provision be adopted requiring the Legislature to assign all newly created administra- tive functions to one or more of the departments enumerated.” The subordinate officers of each department are to be appointed by the department head. In the case, however, of the department of Finance, the Governor is to act as ex-officio head of the department and the four bureau heads are to be appointed by him. In the case of the Depart- ment of Labor and Industry the Commissioner and his two bureau heads are to sit as an industrial board for the exercise of quasi-judicial powers. The Department of Public Health, Public Welfare and Agri- culture are each to have Advisory Councils composed of six members, appointed by the Governor, including the commissioner of the department ex-officio. No action was taken by the 1919 Legislature with reference to the plan for consolidation as a whole, although some legislation was passed with reference to the Department of Education and Health. The Legis- lature, however, authorized the appointment of a Commission to study the proposed plan and to report to the next Legislature. This Commis- sion is known as the Survey Commission and is composed of five members appointed by the Governor. Prans Unper ConsIpERATION 985 The Plan Proposed for California The Taxpayers’ Association of California prepared a plan of admin- istrative consolidation for the State during 1918. This plan was pub- lished in the California Taxpayers’ Journal for January, 1919. The Taxpayers’ Association states that its plan does not involve the elimination of any functions now performed by the state government; that it does not eliminate any constitutional officer or board (although constitutional amendment is recommended fer later consideration) ; and that the plan, in its entirety, can be adopted by the 1919 Legislature by statutory enactment. In grouping the existing administrative agencies under the proposed plan the Association adopted and used the functional unit as the basis for coordination. That is, the administrative functions are grouped under two main heads; namely protective and constructive, which are divided into five and three subheads respectively. “Protective” is subdivided into administrative, preventive, curative, conservative and defensive; and “constructive” into developmental, reclamatory and educational. These subheads are divided and redivided. ‘The Association states that one of its main objections to the methods employed elsewhere in consolidation is the fact that functional classification has been largely overlooked in the regrouping of administrative agencies. It has prepared and printed an elaborate analysis of the present administrative agencies and their functions as now performed and has set them up in parallel columns alongside personnel and functions proposed for the new departments. The Association states the following principles which it has recognized in the preparation of its plan: “1. Departments having to deal largely with matters of policy should be controlled by boards, in order to insure the application of group judgment. “9. Departments dealing with administrative and executive functions should be under the direction of a single head, in order the better to centralize responsibility for the performance of func- tions. “3, Policy-making departments controlled by boards should be divisionally organized, so as to centralize, in division heads, respon- sibility for the performance of functions. “4. Boards presiding over policy-determining departments should consist of the heads of the respective divisions falling within such departments. Heads of divisions are familiar with the practical phases of departmental works. . . - Their value, therefore, as 286 Rerort or Reconstruction CoMMIssION members of a departmental board is increased. There is no neces- sity for the appointment of boards otherwise constituted, as they tend toward confusion, interference and loss of responsibility and also increase of payroll. “5, All department heads and chiefs of divisiong should be appointed by the governor and be directly responsible to him. (Under the constitution there are a number of elective officers. These have been placed at the heads of appropriate divisions. The matter of amending the constitution with reference to such officers, is a matter for determination in the future. It rests with the Legislature and the people.)” The Taxpayers’ Association proposes to set up twelve administrative departments in addition to the offices of Governor. Lieutenant-Governor and Secretary of State. These departments and the constitution of their overhead administration are to be as follows: Department of Finance: To be administered by a board of five members, each the chief of a division within the department. Three elective members, namely the Chairman of the Board of Equalization, Comptroller and Treasurer, and two members ap- pointed by the Governor make up the board. The Governor is to name the Chairman of the Department. Department of Law: To be headed by the Attorney-General. Department of Sanitation and Hygiene: To be administered by a board of three members appointed by the Governor. Each member is to act as head of a department division. The Governor is to name the Chairman of the Department. Department of Commerce and Labor: To be administered by a board of five members appointed by the Governor. Each member is to be the head of a division of the department. The Governor is to name the Chairman of the Board. Department of Charities and Welfare: To be administered by a single head appointed by the Governor. Department of Corrections: To be administered by a board of three members appointed by the Governor, who are to serve as the heads of the departmental divisions. The prisons are to con- tinue under the management of the Board of Prison Directors, a constitutional body, although the Association recommends that it be abolished. Department of Care of Defectives: To be under a single head appointed by the Governor. Department of Conservation: To be under the control of a aa or Puans UNpER CONSIDERATION 287 board of three members appointed by the Governor, each of which is to be the chief of a Division. The Governor is to name the Chair- man of the Department. Department of Defense: To be administered by the Adjutant- General appointed by the Governor. Department of Public Works: To be administered by a single head, the State Engineer, appointed by the Governor. Department of Natural Resources: To be under the control of a board of five members, consisting of the Surveyor-General, an elective officer, and four Chiefs of divisions to be appointed by the Governor. Department of Education: To be under the supervision of a board of five members, consisting of the Superintendent of Public Instruction, an elective officer, and four Chiefs of divisions to be appointed by the Governor. The Chairman of the Department is to be the Superintendent of Public Instruction. The Taxpayers’ Association points out that as a result of the reorgani- zation which it recommends the present list of administrative officials, approximately four hundred and sixty, will be reduced to fifty-two and the present administrative agencies, numbering about one hundred and twenty, will be consolidated in the twelve departments. In November, 1918, Governor Stephens appointed a Committee on Efficiency and Economy, consisting of eleven persons, some of whom were officers of the State. This Committee made a report on administrative consolidation which the Governor submitted to the Legislature on March 20th. It is understood, however, that he declined to give the report his endorsement, except as to a few features. On March 27, 1919, a bill was introduced in the Legislature which embodied the consolidation plan proposed by the Taxpayers’ Association. This bill did not attempt to codify the administrative law of the state, but only set up the overhead administration of the proposed departments and enumerated their main functions. Since the end of the legislative session was near, the bill failed to receive any very serious consideration. It is reported that the Taxpayers’ Association will continue to emphasize the need of reorganization and consolidation and will attempt at an early date to bring their plan before the people by means of the initiative process, Consideration of Consolidation by Other States In addition to the states noted above, which are giving serious con- sideration tothe adoption of administrative consolidation plans, the Legislatures of almost a dozen more states have had this subject brought 288 Rerort or Reconstruction CoMMIssION before them during the present year. There seems to have been almost as much emphasis laid upon the adoption of a plan of administrative con- solidation, as upon the adoption of a budget system. This is, no doubt, due to the fact that the leaders in state government are coming to realize that the two necessarily go hand in hand,—that there cannot be an effective budget system without a compact and responsible administration, Governor Goodrich of Indiana in his message to the Legislature of 1919 recommended the abolishing of the elective offices of State Super- intendent of Public Instruction, Clerk of the Supreme Court, State Statistician and State Geologist, and the combining of their present fune- tions under suitable departmental agencies. He also recommended that the Attorney-General be no longer an elective officer but that he be made appointive by the Governor. Governor Clement of Vermont in his inaugural message to the 1919 Legislature recommended a reorganization and consolidation of practi- cally all the present administrative agencies. The reasons for this recom- mendation are very striking. “Tn 1901”, he said, “as shown by the auditor’s comparative statement, state activities were less than thirty in number, and the grand total of state expense was less than $800,000. Today state activities have reached a total of over fifty and the expense has risen to $2,250,000 per year. So within the knowledge of every member of this assembly, we have nearly doubled our state activities and trebled our state expense. The state has not increased in popula- tion. There is no more taxable property now than in 1900, although the valuation for taxation purposes has been increased. In fact, the reduction in tilled areas of farm land would indicate that the farm property as a whole has deteriorated in value. How then have these additional sums been raised? The answer is by the taxation of banks, railroads, corporations and other indirect forms of taxation, the sources of which have now been thoroughly exploited. “We have reached our taxing limit in this direction and your predecessors, the Legislature of 1917, found it necessary to impose a state tax of twenty cents on the dollar of the grand list in order to meet the expenses of the war and the increased cost of doing public business. The war is over but the expenses of it are not paid, and you are not only faced by the same conditions, but the report of the budget committee — which you have before you — indicates that the continuation of this direct tax of twenty cents is not only Pians UNpER ConsipERATION 289 necessary, but if this legislature passes any special appropriations of any kind, an increase in that state tax will be necessary. “Every administration for the past twenty years has been con- fronted by this problem of increased state expense, and various attempts have been made to consolidate state institutions, depart- ments and activities. Your predecessors and mine have made some important progress in that direction, but the net result has always been that we have had every year more state activities and greater expense, with no proportionate gain in the public conveniences, or the public benefit therefrom, or the public ability to pay therefor.” Governor Bickett of North Carolina recommended to the 1917 legisla- ture the reorganization of the state administration, which recommenda- tions he reiterated in his message to the 1919 legislature. In his mes- sage this year, he said: “There is something attractive to the popular mind in the theory that all the people select (administrative) officials, but the truth is that the people do no such thing. A few men, an average of not more than three select themselves as candidates and then the people are accorded the privilege of saying in the primaries which of these three is least objectionable. There never was a more tragic delu- sion than the one that the people select these officials. “But if the people should be actually consulted it is plain that all the people cannot secure sufficient information about the quali- fications of a man for these administrative offices to enable them to arrive at a conclusion satisfactory to themselves. “ There is no more reason for electing the Governor’s Council than there is for electing the President’s Cabinet. I take it that no one should favor electing a President of the University by a vote of all the people and yet, people can pass upon his qualifications quite as well as they can upon those of the State Superintendent of Public Instruction. “JT have supreme faith in the judgment of all the people when they know the facts. They can know the facts about a few men on the ticket. They should vote for these few, and then hold them rigidly responsible for results. “ Only the Governor and the Lieutenant-Governor should be elected, but a complete change would require a constitutional amendment, and hence as a start in the right direction I urge this general assembly to enact a law that all state administrative officers whose election by the people is not required by the constitution shall here- after be appointed by the Governor.’ 10 290 Revort or Reconstruction CoMMIssIoNn The Governors of Michigan, Minnesota, Nevada and North Dakota recommended the consolidation of administration agencies to their 1919 legislatures. Ohio has appointed a commission from members of the Legislature to prepare a plan of consolidation for presentation to the next Legislature and appropriated $30,000 for the purpose. Summary Anp CoNncLusiIons 291 CHAPTER V.—SUMMARY AND CONCLUSIONS From the administrative consolidation plans now in operation in Illinois, Idaho, and Nebraska, certain general principles with reference to administrative reorganization may be drawn. These principles may be briefly stated as follows: 1. These plans of consolidation group existing administrative agencies mainly according to functions. This seems to be the most. satisfactory method of working out consolidation. On the whole, the general lines of functional classification seem to be pretty well agreed upon. There are, however, functions like the registration and licensing of professions that are as yet not definitely assigned to any particular group; for example, Illinois places registration in the class of functions having to do with educational activities and Idaho places registration in the Department of Law Enforcement. 2. The number of administrative departments should be reduced to the smallest number consistent with the general lines of functional grouping. Illinois and Idaho have nine departments each and Nebraska six, not including the constitutional administrative agencies. If the constitutional agencies were included with the code depart- ments, the number could probably be made less than fifteen. It is also desirable, if the Governor is to bring his department heads together as a cabinet for the consideration of administrative affairs, to have as few departments as possible. 3. The principle that one person should be fully responsible for the administrative work of each department seems to be firmly established in the administrative codes already adopted. All the departments created under the administrative codes of Illinois, Idaho and Nebraska are administered by single heads appointed by the Governor. The Senate is required to approve the appointments made by the Governor. It is argued by some that the approval of the Senate tends to dissipate full responsibility for administrative action. On the other hand, it is argued that such provision compels the Governor to consider more care- fully his appointments and to choose more competent men than he other- wise would. The administrative codes in operation specify the salaries of the department heads and also certain general experience qualifications. 4. In no ease are the department heads or their administrative officers given a longer tenure of office than the Governor. In Illinois and Nebraska the term of office for the administrative and subordinate officers is fixed for the same period as that of the Governor. In Idaho 292 Report or Reconstruction ComMMIssion there is no fixed tenure of office but the administrative officers serve at the pleasure of the Governor, it being understood, however, that their offices become vacant upon the expiration of the Governor’s term of office. It seems very necessary that an administrative officer shall not hold office longer than the Governor if full responsibility is to be placed upon the Governor’s shoulders for the administration. The Governor should then have at least a four-year term. 5. The codes of Illinois and Idaho specify several chief subordinate officers which are appointed by the Governor in the same manner as the department heads. The other subordinate officers, however, are appointed by the departments. The code of Nebraska does not specify any sub- ordinate officers, but requires the governor to make all subordinate appointments. It seems preferable for the department heads to make their own appointments after consultation with the Governor. In this way the lines of responsibility are definitely drawn and there are no conflicts of authority. 6. The principle that boards may not perform administrative duties seems to be fairly well established. The need for advisory boards is recognized by the codes of Illinois and Idaho. Such boards are con- stituted of members having experience in the work of the department to which they are attached and are usually appointed in the same manner as the department heads. These boards are associated with such depart- ments as Agriculture, Public Works, Public Welfare, Public Health, and Registration and Education. There are certain quasi-legislative and quasi-judicial functions per- formed by administrative departments which seem to require the opinion and judgment or more than one person. In order to take care of these functions the Illinois Code creates certain boards which are attached to the departments performing such functions. These boards are associated with such departments as Public Utilities and Labor. These boards act as an entity in the performance of their quasi-legislative or quasi-judicial functions, but are at the same time also component parts of the depart- ment to which they each belong. Only the Nebraska code attempts to codify the existing laws relating to administration. In the case of Illinois and Idaho the old laws stand as they were before the adoption of the codes only the administrative agencies through which their provisions are enforced being changed. There would be much overlapping and duplication of work if all the exisiting laws had to be followed to the letter, but luckily the codes have made provisions for cooperation between the new departments SumMagy anp ConcLusions 293 whereby this duplication may be avoided. However even these provisions are a crude substitute for complete statutory revision. It must be remembered that the codes of Illinois, Nebraska and Idaho have certain limitations. They are only statutory documents, and con- sequently do not include the administrative agencies set up under the constitution. Complete consolidation cannot be worked out in these three states as it might be in the case of New Jersey in which the Governor is the only elective administrative official. In Illinois and Nebraska provi- sions have been made for constitutional conventions, and it is hoped that the necessary changes will be made in the constitution to complete the con- solidation plans of these states. 294 Rervort or Reconstruction CoMMISsION CHAPTER VI.— CONSOLIDATION IN NATIONAL ADMINISTRATIONS Organization of the Government of the United States The executive head of the administration of the United States is the President, elected for a term of four years. The Constitution provides for his election not by the people directly but by an Electoral College, chosen in each state by the voters. The voters read on their ballots the names of the candidates for President and Vice-President rather than those of the Electors, although they are actually voting for the latter. The Elec- tors are bound by party allegiance not to vote for any other candidates than those they are elected to support, so in actual practice this indirect nonpartisan election becomes very largely a direct partisan election. However, it has happened that Presidents have been elected by a majority number of Electors, who did not receive a majority of the popular vote. The functions of the President are prescribed by the Constitution, but actually his powers are determined rather by his capacity for leadership and the strength of his party backing. As chief executive, he acts through the governmental machine. As political leader, he may agitate in favor of certain measures, he may veto laws passed by Congress or he may use the power of patronage in influencing Congress or his party. The legal provisions for the powers of the President do not tell the whole story. The President is bound to see that the Constitution, the treaties, and the laws of the country are enforced. He must appoint with the approval of the Senate the heads of the ten departments as follows: The Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney-General, the Secretary of the Navy, the Postmaster-General, © the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce and the Secretary of Labor. The departments, in general, are not directly subject to the President’s control. The Supreme Court has ruled that the President must see that an administrative officer faithfully discharges his duties, but is not authorized to direct him as to policy. However, through his power of removal of the Secretaries, he can force them to obey his will. The President also possesses authority to supplement statutes by rules and regulations covering matters which may be of great importance. For example, he makes rules for the Army and Navy, the Patent Office, the Customs, Internal Revenue, Consular and Civil Service. The Presi- dent nominates a large number of federal officers. The war powers of the President, acting as commander-in-chief of the DEPARTMENT OF STATE SECRETARY OF STATE Diplomatic Service Division of Western European Affairs . ~ Far Eastern Affairs Near “ “ Commercial Treaties Adviser Foreign Trade Adviser Consular Service Division of Latin American Affairs “ “ Mexican “ Bureav of Citizenship Foreign Intelliaence Divisien }Russian Affairs Division Solicitors Office Bareay of Appointments — Bureav of indexes and Archives Bureas of Accounts Byreay of Rolls and Library CHice cf Law Cierk Ve DEPARTMENT OF THE TREASURY | SECRETARY OF TREASURY Comptroller of the Currency Treasurer of the United States internal Revenue Bureau Bureau ef dhe Mint Comptroller of the Treasury Avditers fer Cepartments Reaister of the Treasury Customs Division Solicitor of the Treasury Division of Public Moneys Division ef Leans and Currency War Savings Committee Division of Book Keeping and Warrants National Bank Redemption Agency Federal Farm Loan Bureay Bureau of Engraving and Printing Bureau of Public Health Service Coast Guard (See Navy) Supervisin Architect’s Office Bureav of War Risk Insurance General Supply Committes Secret Service Division Surety Bonds Division War Can Organization DEPARTMENT OF WAR SECRETARY OF WAR General Staff Corps War Collsas Division Bureay of Ordnance and Fortification Militia Bureau Office of Chief ef Coast Artillery Ottice of Judge Advocate General Ottice of Inspector Gerieral Cthice of Adjutant General Ottice of Provost Marshal General Office of Quartermaster General Ottice of Surgeen General Air Service Director of Military Aeronavtics Bureau of Aircraft Production Board ef Appraisers Office of Chief of Field Artery Office of Chick ef Engineers Board of Engineers, Rivers & Harbors Mississippy River Commission Caliternia Debris Commission Office of Public Buildings and Grounds Office of Chief ef Ordnance Oftice of Chief Signal Officer Bureay of Insular Affairs Phillipping Government Porto Rico “ Dominican Receivership Tank Corps Commn. en Education and Trainin _ “ Training Comp Activities Chemical Warfare Service Motor Transport Corps DEPARTMENT OF YVUSTICE ATTORNEY GENERAL Solicitor General | Assiston? Attorney Genera} Special « “ « War Work Attorney in Charge of Pardons Customs Division Departmental Solicitors Attorney in Charge of Titles Division of Investigation Superintendent of Prisons Lana Litigation ang Condemnation Assistant te Attomey General- Anti Trust THE ELECTORATE THE © en Trust NATIONAL ADMINISTRA ELECTORAL COLLEGE PRESIDENT VICE-PRESIDENT DEPARTMENT OF THE INTERIOR SECRETARY OF INTERIOR DEPARTMENT OF AGRICULTURE | SECRETARY OF AGRICULTUR DEPARTMENT OF THE NAVY | SECRETARY OF NAVY POST OFFICE DEPARTMENT POST MASTER GENERAL Office of the Secretar Naval Consulting Yeurd Naval Records and Library Judge Advocate Genera) Navy Yard Commission [Oftice of Naval Operations Office of Naval Intelligence Communication Service Gunnery and Engineering Inspection an Survey Coast Guard ( During War) Aviation Section Commn. on Training Camp Activities Noval Academy News Bureau Navy Relief Society Navy Motval Aid Association Naval War College Nava) Communication Service Solieiter of Nav General Land Office Office of Indian Affairs Bureau of Pensions Parent Office Bureau of Education Aeological Surve eclamation Service Bureau of Mines National Park Serviee Alaskan Engineering Commission District of Columbia Institutions St. Elizabeth's Hospital Celumkia Inctitution for Deaf Howard poeraly Fretdmenss Wospifal Supt. Capitol Buildings and Grounds The Returns Office Alaska and Hawaii Office of Farm Management Weather Bureau Bureay of Animal Industr Bureav of Plant Industry Forest Service Bureau of Chemistry Bureau of Soils ; » Entomology * Biological Survey S Crop” Estimates « “ Public Roads Ofrice of the Postmaster General Telegraph Committee Wire Operoting Board Post Otfice Inspecters Division Tele phone Committee First Assistant Postmaster General Div'n cf Posimasters Appointments + Post Office Service * Dead Letters « » Correspondence Second Assistant Postmaster General Divin. of Railway Adjustments “ Foreign Mails “ Railway Mail Service Aerial Mail Service Third Assistant Postmaster Generel Divn. of Finance " . mps Money Orders Registered Mails - Classification “ “ Postal Savings Fourth Assistant Postmaster General Division of Rural Mails 7 ~ Equipment and hes Typograph Branch. oe Solicitor of Post Office Dept. . ~ Markets [Board of Awards States Relations Service Insecticide and Fungicide Board Federal Horticultural Board Division of Publications Information Offices In addition to the departments noted above, there are 42 minor agencies, of Which 13 may be classified as temporary, 14 as quasi-legisiative or quasi-judicial, and 5 as advisory or non-executive. THE ORGANIZATION OF THE NATIONAL ADMINISTRATION OF THE UNITED STATES | RECONSTRUCTION COMMISSION, 1919 NT mission butions - Deat A Grovnds DEPARTMENT OF AGRICULTURE Office of Farm Management Weather Bureau Bureoy of Animal Industr Burcay ef Plant Industry Forest Service Bureau of Chemistry Bureav of Soils : » Entomology * Biological Survey . Crop Estimetes . “ Public Roads - ~ Markets [Board of Awards States Relations Service Insecticide and Fungicide Board Federal Horticultural Board Division of Publications Information Oftice rove, there are 42 minor agencies, porary, 14 as quasi-legisiative or r non-executive. SECRETARY OF AGRICULTURE DEPARTMENT OF COMMERCE the Census Foreign and Domestie Com. “ Standards “Fisheries Lighthouses . «Navigation Coast and Geodetic Survey Steamboat Inspection Service Bortay of SECRETARY OF COMMERCE DEPARTMENT OF LAGOR SECRETARY OF LABOR U.S. Employment Service Bureau of immigration “ « Naturalization “ « Labor Statistics Childrens Bureau Child Labor Division ' Hygiene Indu Strial Social Service Conciliation Division U.S. Housing Corporation Informatien & Education Bureau Investigation & Inspection Service Publications & Supplies Division Traimng & Dilution Bureau War Badge Board Working Conditions Service Women in Industry Service Solicitor for Dept. of Laber National War Labor Board Bureau of Housing ConsoLipation in Navionan ADMINISTRATIONS 295 army and navy and of the state militia, are far greater. He appoints high military and naval officers with the advice and consent of the Senate, and in war time he may remove them at will. He may do almost any- thing in war time that is calculated to overcome the enemy. He may govern conquered territories, make laws, levy and collect taxes and per- form all other sovereign rights. The President is primarily responsible for foreign policy, appoints ambassadors, ministers and consuls, but the consent of the Senate is required to declare war and make treaties. The Secretaries are responsible for the execution of the laws in and the operation of their departments. They possess considerable appointive powers, issue departmental orders, and maintain relations with Congress by means of their annual reports and in other ways. In general, how- ever, their powers and duties are specified by statute. The heads of the various departments compose the President’s Cabinet. This is purely a matter of custom, as there is no legal sanction for its ex- istence. It meets at the call of the President. Its meetings are not public and no record is kept of the transactions. These meetings serve to maintain harmony between the departments and to formulate the execu- tive policy. The Structure and Organization of the National Administration of England In England the legislative power resides in Parliament, consisting of the House of Commons and the House of Lords. Recently the House of Commons has grown in power, and popular control of the government is now vested almost entirely in that body. The House of Commons is elected by direct secret ballot of the elec- torate, divided into geographical electoral districts. The 707 members represent in Parliament the districts from which they were elected. The members are paid 400 pounds per year and serve a term of five years, unless the House is sooner terminated by an appeal to the constituency on some question of public interest. The latter is almost always the case. The House of Lords consisted on April 4, 1918, of 615 English heredi- tary peers; the two archbishops and twenty-four bishops, holding their seats by virtue of their offices; sixteen Scottish representative peers, elected by the whole body of Scottish peers to sit for the term of Par- liament; twenty-seven Irish peers, elected by the peers of Ireland to sit for life; and seven judicial members known as Lords of Appeal in Ordi- nary, sitting as life-peers only, by virtue of their office. Hereditary peers can be created by the crown, actually by the ministry, and very many have been created in late years. For a long time the political 296 Revorr or Reconstruction CoMMIssIoNn influence of the House of Lords has been inferior to that of the House of Commons, and this inferiority was made statutory by the Parliament Bill in 1911. The House of Lords cannot reject or amend a money bill, and its powers of veto are limited. It retains only the right of criticism and a suspensive veto. The executive power rests in the Sovereign and a Ministry presided over by the Prime Minister. The real authority is with the Ministry, although it is nominally appointed by the King and the affairs of govern- ment are all conducted in the King’s name. The King appoints as Prime Minister the recognized leader of the majority party in the House of Com- mons, and asks him to select a Ministry. After the selection is made, the King appoints them as Ministers, as a matter of form. The Prime Minister generally holds the office of First Lord of the Treasury, though he may hold any other portfolio that he chooses. The other members of the Ministry are as follows: The Lord Chancellor, the Lord President of the Council, the Lord Privy Seal, the Chancellor of the Exchequer, the First Lord of the Admiralty, the five Secretaries of State (for Home Affairs, for Foreign Affairs, for the Colonies, for India, and for War) the Minister of Labor, the Minister of Information, the Min- ister of Munitions, the Minister of Blockade, the Minister of National Service, the Food Controller, the Postmaster-General, the Attorney- General, the Secretary for Scotland, the Lord Lieutenant of Ireland, the Chief Secretary for Ireland. There are also several administrative boards whose heads are members of the Ministry. They are as follows: The Board of Trade, the Board of Education, the Board of Agriculture, the Board of Works and the Local Government Board and the Air Council. In addition to the legally recognized ministry, there is a smaller, more select, extra-legal body, known as the Cabinet. This inner group indi- vidually administers the affairs of the main departments and collectively shapes the policy and directs the conduct of the government as a whole. The officials included in the Cabinet are not always the same, but the following are almost sure to be included: The First Lord of the Treasury, the Lord Chancellor, the Chancellor of the Exchequer, the five Secretaries of State, the First Lord of the Admiralty, the Lord President of the Privy Council and the Lord Privy Seal. Beyond this the membership is deter- mined only by the choice of the prime minister and the political circum- stances of the moment. However, the members must all be chosen from the membership of the two houses. The Cabinet usually contained about twenty members during the period from 1900 to 1914. The Cabinet is usually made up of men who are in substantial agree- ment upon the larger questions of policy and who can work together upon a given program. The Cabinet is closely coordinated under the leader- THE KING Hereditary Life Term HOUSE OF COMMONS HOUSE OF LORDS Elected as representatives of the various Composed of 3 groups as follows: (1) Hereditary lords with life membership. (2) Peers elected by the peers. (3) Peers nominally created by the king, actually by the Ministry. Function: To sit as the court of highest appeal, and to enact legislation, but with powers inferior to House of Commons. PARLIAMENT To act as chief legislative body for the nation, to pass upon the national budget. Term: 5 years. boroughs and colonies. 707 members. Function: To enact legislation. THE PRIME MINISTER Appointed by the king. Is the recognized leader of the majority party in the House of Commons Holds office only so long as he is supported by a majority in Commons. Appoints the Ministry and Cabinet, with whom he administers the affairs of the nation. THE MINISTRY Consists of all the Cabinet members noted below, the principal heads of various departments, other secretaries, influential party members, about 60 in number. Function: To manage the affairs of the nation. THE CABINET Usually includes officials noted below and others at discretion of the Prime Minister. Previous to the War, it contained about twenty mem- bers. Function: To aid the Prime Minister in determining national policies. CHANCELLOR OF THE EXCHEQUER Working head of the Treasury Department. Controls the budget, tax collection and public expenditures. THE LORD HIGH TREASURER Headed by First Lord of the Treasury and usually held by the Premier. This board of five members is purely formal and has no connection with the Treasury. It never meets. Func- tion is only advisory. THE PRINCIPAL SECRETARIES OF : Five distinct officials as noted below. HOME DEPARTMENT Superintends the constabulary, local magistracy King as to pardons, regulates working condition: FOREIGN AFFAIRS Conducts foreign relations and administers affairs COLONIES Administers colonial affairs. ° s WAR i INDIA Admini he affairs of India. fi POSTMASTER GENERAL MINISTER OF NATIONAL SERVICE Re ee perenne FIRST LORD OF THE ADMIRALTY Head of an Admiralty Board of six members. Conducts the affairs and policies of the navy. LORD PRIVY SEAL ATTORNEY GENERAL PRESIDENT — BOARD OF EDUCATION bership. (2) Peers lly by the Ministry. on, but with powers the rity ers us ECRETARIES OF STATE i below. ilary, local magistracy and prisons, advises the lates working conditions in industry. and administers affairs of the protectorates. to war. India. ——— SS PRESIDENT — BOARD OF TRADE Headed by a President who sits in the Ministry and usually with the Cabinet. Advises on commercial matters, keeps statistics, supervises railways, ships and the merchant marine, administers statutes regarding navigation, provides standard weights and measures, superintends coinage and the Post Office. PRESIDENT — LOCAL GOVERNMENT BOARD Headed by a President. Supervises public health, poor relief and local govern- ment, old age pensions and roads, aid reports on all private bills affecting private interests. NOTE The War Cabinet of 1917 contained six members and did not include the principal Secretaries of State. THE ORGANI; OF THE NATIONAL ADMINISTRATI( NOTE: Indicates appointment or election. Indicates selection from membership. Indicates nominal appointment. PRESIDENT — BOARD OF AGRICULTURE Headed by a President. Investigates and informs on a!] matters rel agriculture, the forests, and animal and plant diseases, inspects and s schools teaching agricultural subjects, does duties formerly performed Land Commissioners and the Commissioners of Works and Public Build FIRST COMMISSIONER — BOARD OF WORK Headed by a First Commissioner. Administers public works. NOTE The following new Ministries were created during the Wa! Minister of Munitions of War. Minister of Blockade. Minister of Reconstruction. Shipping Controller. Food Controller. President of the Air Board. THE ORGANIZATION OF THE ONAL ADMINISTRATION OF GREAT BRITAIN RECONSTRUCTION COMMISSION, 1919 ent or election. from membership. ippointment. ENT — BOARD OF AGRICULTURE it. Investigates and informs on a!] matters relating to , and animal and plant diseases, inspects and subvents iitural subjects, does duties formerly performed by the nd the Commissioners of Works and Public Buildings. OMMISSIONER — BOARD OF WORKS Administers public works. ‘irst Commissioner. ing new Ministries were created during the War: ter of Munitions of War. ter of Blockade. ter of Reconstruction. ng Controller. Controller. ent of the Air Board. LORD HIGH CHANCELLOR Is President of the House of Lords, of the Court of Appeals, of the High Court of Justice, of the Chancery Division of the High Court, and a member of the Judicial Committee of the Privy Council. Appoints and removes justices of the peace and county judges. SECRETARY FOR SCOTLAND LORD LIEUTENANT OF IRELAND CHIEF SECRETARY FOR IRELAND THE COURT SYSTEM ConsoLipaATION IN Nationa, ADMINISTRATIONS 297 ship of the Premier, and it is collectively responsible to Parliament, actually to the House of Commons, for all its public acts. A Cabinet continues in office only so long as it enjoys the confidence of a majority in the House of Commons. This majority may express its dissatisfaction with a Cabinet in several ways: by a vote of “lack of confidence,” by a vote of censure, by defeating an important Cabinet measure, or by passing an act which opposes the advice of the Ministers. In any one of these cases the Cabinet must either resign or appeal to the constituency by ealling an election upon that particular issue. Formerly, Cabinet members were merely executives, but lately they have taken an active part in leadership. They institute their own legis- lative program, present and advocate their bills in Parliament, take full responsibility for them if passed, and resign if they are not passed. Any member of either house may question any of the Ministers as to their conduct of public affairs. Such questioning may lead to a vote of con- fidence or censure upon which may hang the fate of the Ministry. Thus we see that the government is at all times responsible for its acts and is responsive to the will of the people. The administration of justice is centralized under the Lord Chancellor. The Lord Chancellor is president of the House of Lords, of the Court of Appeal, of the High Court of Justice, and of the Chancery Division of the High Court, and is a member of the Judicial Committee of the Privy Council. He actually sits in all of these except the High Court. The Structure and Organization of the National Administration of France The law-making power is exercised by a national Parliament consisting of the Chamber of Deputies and the Senate. The former rests upon a broad democratic basis, the members being elected to represent geograph- ical units and elected by a direct and secret ballot of the entire electorate of the district. The latter was planned to stand somewhat removed from the immediate control of the voters. But both are charged with the duty of enacting into law the will of the people in whom the sovereignty of the French nation is clearly pledged. The Deputies are elected for a term of four years by the voters of each of the 86 departments and the principal colonies. The number of mem- bers from each department is proportioned to the population, but in no case is it less than three members. The Senate is composed of 300 members elected for a term of nine years. They are elected in each department by an Electoral College con- sisting of the Deputies, the General Council of the Department, and of delegates chosen in each commune by the Communal Council. 298 Repvort or Reconstruction CoMMIssIoN When the Senate and the Chamber of Deputies sit in joint session they comprise the National Assembly, which is authorized to amend the con- stitution and to elect the President of the Republic. In legal powers the Senate is equal in authority to the Chamber of Deputies, although only the Chamber can initiate money bills. Politically the Chamber dominates the Senate. The President of the Republic is elected by the National Assembly for a term of seven years. He has full executive powers, appoints and removes all officers of the public service, enforces the laws, negotiates and approves treaties, can adjourn or close sessions of the houses, has no veto but can demand reconsideration of any measure by the houses. The execution of the laws, and the administration of the affairs of the nation, are carried on by the Council of Ministers. The President appoints the Prime Minister or Premier, who then selects the remainder of the Ministers. There are fourteen Ministers as follows: Justice, Finance, War, Marine, Colonies, Foreign Affairs, Interior, Public Instruction, Trade and Industry, Agriculture, Labor, Supplies, and Munitions. While the Council of Ministers are all legally subject to the President, and therefore his servants, yet when they sit apart as a Cabinet, presided over by the Prime Minister, they become, in a sense, his masters. No decree of the President is valid unless countersigned by the Minister whose department is affected. The President must appoint Ministers who are in agreement with the majority in the Chamber, and they are responsible to Parliament alone for their official conduct. The salary of the President is dependent upon the annual budget which the Minister of Finance presents to Parliament. In all of these ways the power of the President is limited. As a matter of fact the Ministry, headed by the Prime Minister, has practically taken over all the powers of the President. The Ministers are held strictly responsible for their actions and policies by means of questions and interpellations which may be put to them by any member of either house, and which they must answer. Such questions, if serious enough, may lead to a vote of lack of confidence on any important proposition. ‘Jn this event the Ministry resigns as a body. Ministerial changes in France are much more frequent than in England, but are less significant, as it frequently happens that many of the resign- ing Ministers are immediately reappointed. In France there are two systems of law and courts, ordinary law and administrative law. Administrative law comprises legal actions arising out of the conduct of administration. The supreme court of administra- Y THE CHAMBER OF DEPUTIES 602 members, elected for terms of 4 years by the voters of the 86 Depart- ments, 3 or more members from each Dept. Functions: To enact laws and initiate money bills. THE ELECTORATE THE ELECTORAL COLL - One in each Department. Composed of the De cil of the Dept., the Council members of its A gates chosen in each Commune by the Commu THE SENATE 300 members elected for terms of 9 years by Department. Functions: To enact laws and pass on money bill THE NATIONAL ASSEMBLY Consists of the Senate and Chamber in joint session. Functions: To amend the Constitution and to elect the President of the Republic. L—___» —_______ ___, THE PRESIDENT Term: 7 years. May be impeached for treason hy Chamber. Trial by Senate. Functions: Full executive powers; appoints and removes all officers of the public service; enforces laws; negotiates and approves treaties; can adjourn or close sessions of the Houses; has no veto, but can demand reconsideration of any measure by the Houses; appoints the Prime Minister from Chamber members. *THE MINISTRY The Prime Minister, holding one of the portfolios, and the other thirteen Ministers form a council of Ministers, presided over by the President, which executes the laws and administers the affairs of the state. They also sit as a Cabinet of Ministers, in which case they are independent of the President and determine State policy. FINANCE THE PRIME MINISTER Appointed by the President from among the influential members of the Chamber of Deputies. Select Cabinet or Council of Ministers as will command the confidence of the Chamber. The Prime Minit his Cabinet resign when the Chamber defeats any of their important measures. The Prime Minister cabinet overshadow ‘the President in importance and actually exercise the powers legally granted Although the powers of the Ministry are great, its life is usually short. PUBLIC WORKS AND TRANSPORTATION n & % < Q z x a z < a g & oO D m% & wo z — QQ ~Q > a > & a n 2 % Q < z be < z Z, < 5 5 Q % i E WAR MARINE COLONIES INTERIOR LABOR ELECTORATE THE ELECTORAL COLLEGES “One in each Department. Composed of the Deputies, the General Coun- cil of the Dept., the Council members of its Arrondissements, and dele- gates chosen in each Commune by the Communal Council. THE SENATE part- 300 members elected for terms of 9 years by the electoral college of each Department. Functions: To enact laws and pass on money bills originated in the Chamber, BLY Consists of the Senate and Chamber in joint session. id to elect the President of the Republic. an THE PRIME MINISTER ng the influential members of the Chamber of Deputies. Selects such a vill command the confidence of the Chamber. The Prime Minister and r defeats any of their important measures. The Prime Minister and his importance and actually exercise the powers legally granted to him. re great, its life is usually short. PUBLIC WORKS AND TRANSPORTATION n & % < a z fx a Zz < z o _ & oO Dp % & n z z ~ 2 Ay > & & n 2 a a A Zz < w a E AGRICULTURE LABOR SUPPLIES MUNITIONS JUSTICE NOTE: Indicates election or appointment. i Indicates selection from the membership. THE COURT SYSTEM THE ORGANIZATION OF THE NATIONAL ADMINISTRATION OF FRANCE RECONSTRUCTION COMMISSION, 1919 ConsoLipaTIon In NarionaL ADMINISTRATIONS 299 tive law is the Council of State, composed of the Ministers and various high officials of the government. Below this are Prefectural Councils, one in each Department, which handle all administrative cases and deter- mine the validity of local elections. The highest court of ordinary law is the Court of Cassation, which sits at Paris and reviews decisions appealed to it, passing on principles of law involved and on the competence of the court rendering the decision. Further down are the twenty-five Courts of Appeal, which have jurisdie- tion over civil and criminal cases appealed from the lower courts. Then there are the Courts of Assize, which meet every three months in each Department and handle very serious cases. In each Arrondissement or District is a Tribunal d’Arrondissement, which handles all civil cases except petty cases cared for by the Justices of the Peace. The Justices of the Peace have local jurisdiction over certain designated petty cases. All Justices and Judges are appointed hy the Minister of Justice. In jurisdictional disputes as to whether a case is ordinary law or adminis- trative law, the question may be settled by the Tribunal of Conflicts, con- sisting of the Minister of Justice, three State Councillors, three members of the Cassation Court, and two other members. PART IV THE BUDGET E301} CHAPTER 1—THE MOVEMENT FOR BUDGET REFORM The Budget Defined A budget is a plan of expenditures for a definite period based on a careful estimate of needs and resources, together with definite proposals for financing these expenditures. It is obvious that the preparation of a budget necessitates carefully devised accounting methods, efficient record keeping and that it demands expert service in its preparation. Budget Reform not Partisan The demand for budget reform in this country has not been partisan. The Republican national platform of 1916 refers to “ President Taft’s oft repeated proposals and earnest efforts to secure economy and efficiency through the establishment of a simple, business-like budget system, to which we pledge our support, and which we hold to be necessary to effect a needed reform in the administration of national finances.” The Pro- gressives proposed to set up “a new standard of governmental efficiency through a complete civil service system, a national budget and a destruc- tion of ‘pork barrel’ legislation.” The Democrats demanded economy in expenditures and to that end favored “a return by the House of Rep- resentatives to its former practice of initiating and preparing all appro- priation bills through a single committee chosen from its membership, in order that responsibility may be centered, expenditures standardized and made uniform, and waste and duplication in the public service as much as possible avoided. We favor this as a practical first step towards a budget system.” The Prohibitionists pledged themselves to “ the adoption of a budget system.” The Work of President Taft’s Commission on Economy and Efficiency Only during the last ten years has any recognition been given in this country to the importance of sound principles in budget making in order to avoid wastes in public expenditures and secure efficiency in public admin- istration. The first comprehensive budget study was made by President Taft’s Commission on Economy and Efficiency. The Commission was formally organized in March, 1911. About fifteen months later it sub- mitted to the President an elaborate report on the “ Need for a National Budget,’ recommending that the President should submit to Congress at the beginning of each session a budget containing a brief message, a program of proposed expenditures in comparison with anticipated reve- nues for the coming year, and a comparison of the estimated and actual revenues for a period of years, preceding the year to be financed, together with recommendations as to new legislation. 3804 Report or Reconsrruction ComMMIssIoN President Taft transmitted this report in a message to Congress on June 27, 1912, and proposed legislation necessary to put its recommenda- tions into effect. Congress determined, however, to maintain the power and prestige of its appropriation committees and the President’s pro- posals for the establishment of a national budget system were rejected. The vast appropriations required from Congress to conduct the war have emphasized the need of a better system of financial planning and appropriation than the one on which we now have to depend. Both par ties in the last Congress went on record in favor of a budget system. With the close of the war has come an insistent demand for economy and for budget legislation to bring it about. The Republican majority in the present Congress is pledged to a budget system and several bills have already been introduced with this object in view. It will be seen that a national budget system is now not far off. States Adopt Budgetary Reform Although President Taft’s proposals were rejected by Congress, the discussion occasioned by them spread over the country with the result that the term ‘“‘ Budget System” soon found a place in party platforms and became a vital issue in state politics. Several states whose finances were in a more or less depleted condition were already feeling the need of a more uniform system of control over their expenditures and revenues —a system which correlated the two and located responsibility. While the increase in expenditures was to a considerable extent due to a legiti- mate growth in state business, is was also due in part to extravagances, uneconomical methods and multiplication of useless offices. Already the taxpaying public was beginning to feel the burden of the rising cost of government and the newspapers frequently gave voice to the people’s vague but insistent demands for business methods and retrenchment. Beginning with Wisconsin in 1911 the movement for budgetary reform has progressed until at the present time there are forty-three states which have provided either by constitutional amendment or by statute, for budgetary procedure of one type or another. While it is true that some states have only provisions for the preparation of consolidated estimates of revenues and expenditures, this may nevertheless be con- sidered a step in the direction of a budget system. In addition to Wisconsin, California during 1911 enacted legislation looking toward the better control of state expenditures. In 1912 Massachusetts pro- vided for the control of state expenditures by a.State Finance Board. In 1913 the budget movement spread to six other states: Arkansas, Illinois, New York, North Dakota, Ohio and Oregon. Louisiana followed in Tur Movement ror Bouperr Rrerorm 305 1914 and Massachusetts took further action. Connecticut, Iowa, Minne sota, Nebraska, Vermont and Washington passed budget measures in 1915, and Wisconsin and North Dakota further developed their pro- cedure. New York’s ‘Constitutional Convention of 1915 submitted a Constitution containing a proposal for an executive budget which was defeated by the electorate in November 1915. In 1916 Massachusetts and New York further revised their budgetary methods by statute, Louisiana and Maryland incorporated budget provisions in their con- stitutions and New Jersey adopted a budget system by statute. In 1917 Illinois, Kansas, New Mexico, Utah, South Dakota and Tennessee adopted statutory budget provisions. In 1917 Delaware enacted a law adopting a budget plan for a single session. Mississippi took similar action in the same year. Michigan provided for a Budget Commission of Inquiry, and North Carolina made it the duty of the Legislative Refer- ence Librarian to receive and compile the estimates for the Legislature. Vermont further revised its budgetary procedure. In 1918 Massa- chusetts and West Virginia adopted constitutional provisions for a budget system. During this year, Virginia, Kentucky, Georgia and Mississippi enacted statutes providing for budgets. In 1919 eleven states were added to the list of those having budget provisions, namely, Alabama, Arizona, Colorado, Idaho, Maine, Montana, Nevada, New Hampshire, Oklahoma, South Carolina, Texas and Wyoming. Nebraska further revised its budgetary procedure. Michigan and North Carolina enacted laws providing for a permanent budget system. The Indiana Legislature of 1919 passed for the first time a proposed budget amend- ment to the Constitution. Thus at the present time all states have budget measures in operation or have enacted some budgetary provisions, except Florida, Missouri, Pennsylvania and Rhode Island. Even in these states movements are on foot for the adoption of a budget law. The governors of Florida, Missouri and Rhode Island have recommended the adoption of a state budget law to recent Legislatures. The Pennsylvania Legislature of 1917 passed a bill providing for a Budget Commission, but it was vetoed by the Governor. Since then no further consideration has been given the subject. Types of State Budgets The budget plans which have been adopted by the American states may be classified under four types with reference to the location of responsibility for the initiation of the budget. These types are: (1) Executive type when the Governor is made responsible for the formula- 306 Report or Reconstruction CoMMIssIoN tion of the budget. The executive budget has gained favor rapidly since 1916 when the first thoroughgoing budget was adopted in Mary- land. At the present time there are twenty-two states which have execu- tive budget systems. In addition, one state has such a budget system for one session and in another the Legislature has passed a proposed constitutional amendment providing for the executive system. It appears that the Maryland and Virginia form of the executive type of budget has found greatest favor among the states adopting this type. The essen- tial difference between the two forms is that the Maryland form places limitations upon the power of the Legislature to increase the executive proposals, while the Virginia form does not. (2) Administrative board type, when a group of administrative officers are responsible for the preparation of the budget. Eleven states have the administrative board type of budget. The committees or boards which prepare and present the budget to the Legislature are composed of the administrative officers of the state government. These boards are composed entirely of ex-officio members; of ex-officio members and members appointed by the Governor, or of members appointed by the Governor. (3) Admin- istrativelegislative board type, when a committee composed of both administrative and legislative officers prepares the budget. Seven states have budget laws providing for budget boards or committees consisting of both administrative and legislative officers. (4) Legislative type, when the budget is prepared by legislative committees. The laws of two states —Arkansas and New York — require that the budget shall be prepared and submitted to the Legislature by legislative committees. Analysis of State Budget Laws* The budget laws of the states vary considerably in their provisions regarding the form, preparation, filing, review and revision of esti- mates, the form, preparation and date of submission of the budget, the legislative procedure and limitation of legislative action and finally regarding expenditure and control of appropriations. In general, it may be said that a large number of the states are in agreement in providing for: Submission of estimates of both expenditure and revenue to 4 central budget making agency on a fixed date, usually in November. Review, revision and compilation of estimates by this agency which is usually given a staff to investigate and report. Public hearings. “For a detailed tabular analysis of all state budget laws, see Chapter 3 following. Tur Movement ror Bupert Rerorm 307 Submission of a budget to the Legislature at or shortly after the opening of the session including proposed expenditures and esti- mated revenues compared with past expenditures and revenues, balance sheet and debt statement and statement as to the financial condition of the state for each fiscal year covered by the budget. Consolidated appropriation bill accompanying the budget. Prompt consideration of the Budget in the Legislature either by a joint committee or by committees of both houses. Limitation of supplementary and special appropriation bills. Allotment or transfer, and control of appropriations. ¢ 808 Report or Reconstruction ComMMIssION CHAPTER 2.— PRESENT AND PROPOSED BUDGET SYSTEM OF NEW YORK The Budget Since 1910 Governor Hughes, after repeated efforts secured the passage in 1910 of a law which initiated the system requiring all requests for appropria- tions to be filed with the Comptroller and tabulated by him in advance of the legislative session for the use of the Governor and the Legislature. He also obtained during his first year in office the passage of a law known as the Moreland Act which authorized the Governor to institute examina- tions of the management and ¢dffairs of any department of the executive branch of the state government. Acting under this law Governor Sulzer in 1913 appointed a Committee of Inquiry to investigate the management of the state departments and institutions. This com- mittee paid special attention to the system of appropriations and sub- mitted recommendations designed to improve the existing procedure. It declared that concentration of power and authority was necessary to bring about control and recommended the creation of a State Board of Estimate consisting of state officials whose duty it would be to prepare the appropriation bills; also the establishment of a Commission of Efficiency and Economy charged with the power to examine into all expenditures of the State and to make recommendations along the lines of efficiency and economy. The Legislature of 1913 passed a bill establishing a Department of Efficiency and Economy under a Commissioner appointed by the Governor and confirmed by the Senate for a term of five years. All spending agencies were required to file with the Commissioner on or before Novem- ber ist of each year detailed statements of all desired appropriations for the ensuing fiscal year. The Commissioner was required to examine these estimates and to make such recommendations as he thought necessary. This Legislature also enacted a law creating a State Board of Estimate composed of the Governor, Lieutenant Governor, President of the Senate, Speaker of the Assembly, Chairman of the Senate Finance and Assembly Ways and Means Committee, Attorney-General and the Commissioner of Efficiency and Economy. The board was given power to examine all requests for appropriations as filed with the Commissioner of Efficiency and Economy and to conduct public hearings in order to prepare by January 1st an estimate for a budget of the amounts to be appropriated by the Legislature. This estimate for a budget when transmitted to the Legislature was required to be accompanied by the Board’s recommenda- Present anp Proprosep Buperr System or New York 309 tions and explanations with regard to the requests, also a calculation of the amount necessary to meet the debt service as charged by the Comp- troller and the estimate of the State’s revenue with a statement of all unexpended balances. The Board of Estimate, attempting as it did co-operation in financial procedure between the more or less antagonistic executive and legislative branches of government soon became an acknowledged failure. The Department of Efficiency and Economy was also unable to secure the necessary co-operation on the part of the Legislature and its efforts accomplished little. As a result the laws creating this Department and the Board of Estimate were repealed in 1915. “There were introduced into the Constitutional Convention of 1915 three bills which together provided for an executive budget system. All the provisions contained in these bills were not incorporated in the budget article of the new Constitution, but the article placed the respon- sibility for the budget in the Governor. Although this Constitution was defeated at the polls in November, 1915, the discussion occasioned by it and the provisions that it contained for the establishment of a budget system have influenced subsequent budget legislation in other states, notably in Maryland and those states which have copied the Maryland plan. Under the plan proposed by the New York Constitutional Convention all departments of the State except the Legislature and the Judiciary were required to submit to the Governor by November 15th itemized estimates of their financial needs for the ensuing year, classified accord- ing to relative importance and in such form as he might prescribe. After public hearings on the estimates the Governor could revise them accord- ing to his judgment. Estimates for the Legislature and the Judiciary were also to be submitted to the Governor by January 15th and included in the budget without revision, although he might make recommenda- tions relating to these. Not later than February 6th he must submit to the Legislature an itemized budget containing all proposed expendi- tures and estimated revenues, together with appropriation bills, pro- posed taxation measures and other data relating to the fiscal conditions and expenditures for the two years preceding. During the consideration of the budget, the procedure of which was to be provided by statute, the Governor and the heads of Departments were given the right, and it was made their duty to appear before the Legislature. The Legislature might strike out and reduce items but might not increase any except for its own support and for the Judiciary. Not until after the appropriation bills proposed by the Governor had been acted upon by both houses 310 Rerort or Reconstguction CoMMIssIoNn could the Legislature consider any further appropriations and then only in the form of separate bills, each for a single object and subject to the Governor’s veto. é After the defeat of the proposed constitution carrying provisions for an executive budget, Governor Whitman determined to make up a budget and requested estimates from all the spending agencies, and in November 1915, he appointed a conference committee of the chief execu- tive officers of the State for the revision of these estimates. The result of the work was the submission to the Legislature on the first day of: the 1916 session of a volume of tabulated estimates, together with the tentative appropriation bill containing the Governor’s recommendations in itemized form, based upon his conference review and revision of the estimates. One of the main features of this bill was the provision which gave the Governor the power to transfer within schedules supporting ‘lump sum appropriations. The Legislature, however, did not care to give the Governor any more power over appropriations than he already exercised by virtue of his veto. They also determined to preserve their right to initiate appropriations. Consequently the legislative committee proceeded as formerly to prepare appropriation bills. This time, how- ever, they abandoned the lump sum method of appropriation previously used and adopted the plan of high segregation, but without schedules or provisions for transfers as proposed by the Governor. Provisions of Present Budget Law Among the budget measures introduced into the 1916 Legislature, Senator Sage introduced a bill which was designed to centralize con- trol of financial measures in the Legislature. This bill was simultane- ously introduced in the Assembly by Mr. Maier and was known as the Sage-Maier budget bill. It passed the Legislature and received the signature of Governor Whitman on April 5th, 1916. The law provides that three agencies, the Governor, Senate Finance Committee and the Assembly Ways and Means Committee shall be concerned with the preparation of the budget. The 1910 law requiring the Comptroller to receive and compile estimates was not repealed, hence the Comptroller is a fourth budget-making agency. However, the two legislative committees, under a provision of the 1916 law, have com- bined under the title of Legislative Budget Committee and work jointly in the preparation of the budget. There are, therefore, at the present time three budget agencies, the Governor, the Joint Legislative Budget Committee and the Comptroller. Present aND Proposep Bupgrr Sysrem or New York 311 Under the provisions of the 1916 Budget Law, the Governor is re- quired annually, within a week after the Legislature convenes, to sub- mit to each house “a statement of the total amount of the appropria- tions” desired by each spending agency of the State, and he “may at the same time make suggestions for reductions or additions thereto, as he deems proper.” The Chairmen of the Finance and Ways and Means Committees may each appoint a clerk, also an accountant and a stenographer to assist each clerk. The clerks receive an annual salary of $4,000, together with traveling and other necessary expenses. These clerks are required to receive and tabulate estimates and to compile other budget data for the Chairmen of the Joint Legislative Budget Committee. The law provides that the annual budget shall contain a complete and detailed statement of all appropriations necessary for the maintenance of state government, together with an itemized and detailed estimate of the probable revenues of the State, and an estimate of the amount necessary to be raised by direct tax. The Budget Law provides that a single appropriation bill shall he intro- duced into the Legislature by budget committees at the same time the budget is presented (March 15th). The bill then remains upon the cal- endars of both houses as the special order of the day for at least five full legislative days, during which time the department heads may be called before the Legislature for interrogation; and amendments may be made involving increases, reductions or eliminations. All legislative considera- tion of the bill shall be published. When the bill is advanced to the order of the third reading in each house the legislative action on it is limited to a decrease or elimination of items and the bill is the special order of the day for three full legislative days. A bill was introduced by Senator Sage and passed the Legislature of 1919 (Int. No. 1247), which proposed to constitute the Senate Finance and the Assembly Ways and Means Committees a joint legislative budget committee to serve throughout the year. It also proposed to make the clerks, appointed by the chairman of the joint committee “ budget secre- taries,” who could not be removed after four years of continuous service except on charges and after an opportunity to be heard, with a salary not in excess of $5,000. This bill was vetoed by Governor Smith upon the ground that if the salaries of these clerks were to be increased and their tenure of office made secure, irrespective of the political complexion of the Legislature, the incumbents should then be chosen from the Civil Service list after competitive examination. 312 Rerort or Reconstruction CoMMIssIoN Operation of the Legislative Budget The law, establishing a legislative budget procedure for New York State has been in operation three years — a sufficient time it seems in which to observe its working and to determine its success or failure. The spending agencies of the State submit their estimates to three bud- get making agencies: the Governor, the Comptroller and the clerks of the Joint Legislative Budget Committee, each of which compiles and publishes the estimates in separate volumes. This is confusing to both the legislators and the public, since each compilation is different from the other and all are more or less incomplete. The compilations do not follow a uniform classification of institutions and departments, which fact adds to the con- fusion and difficulty of making comparison. Besides, none contains com- plete information as to the means of financing the proposed expenditures. During the three years that the budget has been in operation printing these three compilations has cost between $5,000 and $10,000 annually. Until the present year the Governor submitted his recommendations for appropriations to the Legislature in the form of a tentative appropriation act which has had little influence upon the action of the Legislature. The chief value of the Comptroller’s work in connection with the budget has been his estimate of the anticipated revenues of the State. The expendi- ture program which is prepared by the Joint Legislative Budget Committee in the form of a general appropriation bill and introduced into the Legis- lature about a month before the end of the session does not by any means comprehend all the expenditures. Numerous special appropriation bills of which no account can be taken are passed subsequently to the enactment of the general appropriation bill. There is, therefore, no single document that records the estimates and proposes a complete plan of expenditures commensurate with the anticipated revenues of the state. Under the pres- ent procedure the special appropriation bills which are passed during the legislative session and especially those which are rushed through near the close of the session make impossible a complete budget plan. It is to be noted that the evil resulting from the passage of special appropriation bills has increased rather than decreased since the budget law began to operate in 1917. In 1916 thirty-nine such bills became laws; in 1917, the first year under the Budget Law, there were eighty-one; in 1918 there were eighty-nine; and in 1919 there were eighty-seven. Each one of these bills was acted upon by the Legislature and signed by the Governor separately. The general or annual appropriation bill of 1919 carried only $59,390,- 811.95 of the $95,538,303.00 appropriated by the Legislature and approved by the Governor. The remainder, $36,147,492.05 was scattered through eighty-seven other appropriation bills. By deducting the amount Present anp Proposep Bupgrr System or New YorK 313 of the debt service, $13,341,678.42, there remains $22,805,713.63 carried by special appropriation bills most of which were passed during the rush and confusion of the last week of the legislative session. In addition $4,705,595.86 was appropriated by the Legislature in special bills which were vetoed by the Governor. Since the total amount actually appropriated by the Legislature is not known until at least thirty days after the Legislature has adjourned, when the Governor has acted upon all of the thirty-day bills, it is impossible for the Committee on Taxation and Retrenchment of the Legislature to meas- ure accurately the proposed expenditures and to provide revenues for meet- ing them. Under the present budgetary procedure these committees work blindly in their efforts to provide revenues for a budget, the total expendi- tures of which they can only approximate roughly. The price that the people of New York State pay for the lack of a comprehensive budget plan is shown by the taxation measures which have passed the recent Legis- lature. For example, an income tax was laid upon the State without knowing what the State would expend for the next fiscal period, and con- sequently how much additional revenue such a tax would produce, and whether the proposed law was constitutional. For three years Governor Whitman with the aid of his budget staff pre- pared a tentative appropriation act and transmitted it to the Legislature at the opening of the session. In the first one of these acts which was submitted to the 1916 Legislature the Governor proposed to bring all appropriations into a single bill and to make the appropriations in lump sums with itemized schedules and a system of transfers under executive control. While the legislative committees rejected the Governor’s plan with schedules and provisions for the transfer of these, they abandoned the lump sum method of appropriation previously used and adopted the plan of very detailed segregation. The Joint Legislative Budget Committee has followed the same scheme in making up the general appropriation bills for 1917, 1918 and 1919. The Governor in making up his tentative appropriation act for 1917 abandoned his plan of the preceding year based upon lump sum appropria- tions with itemized schedules and the power of transfer and adopted the legislative system of segregated appropriations without transferring. He carried this idea to the extent of requiring all appropriations to be highly itemized. The Legislature refused to itemize its own appropriations and the Governor vetoed them, but it immediately passed them over his veto. The effect, however, was that the appropriations for legislative purposes were itemized in the 1918 appropriation act. As a result of the antagon- ism between the Governor and the Legislature the highly itemized form in 314 Rerort or Reconstruction CoMMISsION making appropriations has been developed. ‘Three years of experience has shown that this extremely segregated form of appropriations does not operate satisfactorily, especially as applied to institutions. The procedure of the Legislature in enacting the appropriation laws leaves much to be desired. The Budget Law provides that the general appropriation bill may be open to discussion for at least eight legislative days, but such discussions are becoming more and more a matter of form and are usually participated in after the bill has reached its third reading and just preceding its final passage. The minority party, despite the fact that there are always a few of its members on the Joint Legislative Budget Committee, is practically without influence in the preparation of the bud- get and has very little weight when it comes to the passage of the appro- priations. Under New York’s budget procedure, the Joint Legislative Budget Com- mittee controls the formulation of the budget. Of course they receive budget recommendations from the Governor but they are at liberty to dis- regard them if they choose. Then the only recourse left to the Governor is to exercise his constitutional right of veto; but since the Legislature man- ages to pass the more important appropriations a sufficient length of time before its adjournment to repass them in case of the Governor’s disap- proval, there remain only thirty-day appropriation bills upon which the executive veto may be effective. In the ratification of the budget, that is the enactment of the appro- priations, the Legislature is supreme. Both houses pass the budget prac- tically as submitted to them by the Chairmen of the Joint Legislative Budget Committee. When it comes to carrying out of the provisions attached to the appro- priations, complete control is centered in the Comptroller’s office. The Budget Law prescribes no procedure for the execution of the budget. Pro- visions that in practice govern this stage of budgetary procedure are to be found in the State Finance Law which is evolved out of the legal regula- tions applicable to the expenditure of appropriations during more than a century prior to the time of the adoption of the Budget Law. State obligations are paid by the Treasurer who has the custody of the state funds. All his disbursements are both authorized and audited by the Comptroller. Although an elective officer, the Treasurer may be sus- pended by the Governor. In brief, under the financial system of New York State the budget is prepared and enacted into law by the Legislature, a body not responsible for the expenditure of the appropriations. The execution of the budget is placed in the hands of the Comptroller, an independent elective officer who Present anp Prorosep Buperr System or New YorK 315 has power both to authorize expenditure and to reclassify appropriations. The Governor performs no definite function in the budgetary procedure other than that of approving or vetoing appropriations. The financial system of New York State bears a striking resemblance to that of the national government in which Congress both formulates and ratifies the appropriations and the Treasury Department executes them. The main difference between the two plans is that the Comptroller of New York is independent of the Executive while the Treasurer of the United States is responsible to the President. The federal plan in this regard is somewhat better than the New York plan, but everyone is ready to admit that the federal system is bad. Defects in Legislative Budget One of the most serious defects in the present law is that it completely destroys responsibility of the Governor for assembling and reviewing the estimates of expeditures for several departments of the state govern- ment. He is not required to review critically the estimates of his subor- dinates. He is not required to know anything, about or assume responsi- bility for the requests for appropriations which he makes to the Legisla- ture. He is given no opportunity to meet the criticism of his administra- tion and defend and explain his conclusions even if he should voluntarily undertake to master state finances and prepare his requests on the basis of a statesmanlike view of public concerns. Since the passage of the Sage-Maier bill there has been a notorious lack of co-operation between the Governor and the Legislature on financial mat- ters. Before the end of his first term Governor Whitman abandoned the leadership which he assumed in budgetary matters at the opening of his administration and left the Legislature in full possession of the field. He however continued to make budget recommendations to each session of the Legislature except the 1919 Legislature, his second term of office expiring before the beginning of that session. Governor Smith could make: no budget recommendations to the 1918 Legislature since the Budget Law requires that such proposals be submitted to the Legislature during the first week of its session, which allowed him no time to prepare recom- mendations. The law has not and cannot produce a genuine budget. Such a docu- ment must be prepared by officers who know the conditions of the adminis- tration for which provisions are to be made. It must present a complete program of work reduced to a business basis, carefully reviewed by a responsible executive officer, and guaranteed to be an economical program ; not a collection of padded demands upon the treasury made by officers who 316 Rerorr or Reconstruction CoMMISsION are forced to ask more than they hope to get in order to secure approxi- mately enough to meet their bills. The law places no limitation upon the introduction and passage by the Legislature of numerous special appropriation bills. It has been the practice of the Legislature to put through a large number of such bills during the closing days of the session. As indicated above the Legislature of 1919 passed 83 special appropriation bills during the last ten days of the session. The total of the budget for 1919-20 could not be ascertained until a month after the Legislature had adjourned when the Governor had finally acted upon all these bills. Such procedure not only encourages “log rolling” and the passage of “ pork barrel”? measures, but it makes impossible any comprehensive budget plan. The legislative treatment of appropriation measures is perfunctory and uncritical. In fact, the legislature has surrendered its functions so far as the main appropriation bill is concerned into the hands of the Senate Finance Committee. The opposition party’s discussion of appro- priation measures is casual and futile. Need of an Executive Budget It seems obvious that the defects of the financial system of New York state cannot be overcome except by the adoption of a thoroughgoing execu- tive budget system. The executive budget is based upon the theory of administrative con- solidation. It therefore presupposes the reorganization of the state administration so as to fix definite responsibility in the Governor. The independence of elective administrative officers enables them to ignore the Governor and to go directly to the Legislature with their requests for appropriations. Furthermore, the Governor does not have the co- operation on the part of his administrative officers that is necessary to produce a complete financial plan, if these administrative officers con- sist of ex-officio boards, unpaid commissions, long term commissioners holding over from past administrations and elective officers who may not even belong to the same party as the Governor. The establishment of a well coordinated Department of Taxation and Finance, the head of which is appointed by the Governor, is also necessary. The executive budget does not deprive the Legislature of any of its prerogatives. It does not, as it sometimes said, make the Governor a ezar. It simply makes the Governor who represents the whole State and not a single assembly or senate district, responsible in the first in- stance for collecting, consolidating, reviewing and revising the estimates of the several departments of government and also for presenting to the Present anp Prorvosrp Bupeer System or New York 317 Legislature a complete plan of expenditures and revenues —a plan which in his judgment will best meet the needs of the administration of which he is the head. The executive budget throws upon the Legislature the burden of proof when it proposes to add to the Governor's estimates, that is, to give him and the department heads more money than is called for by the budget plan. This may be effected in several ways. The Maryland budget amendment permits the Legislature to add to the Governor’s proposed expenditures ouly in the form of special appropriation bills and requires the Legislature to provide revenue necessary to meet the additional appro- priations. This brings the whole matter out into the open and puts an end to reckless “ pork barrel” appropriations. The executive budget would not add to the Governor’s power over finances. He now has the power to strike out or veto items and whole appropriation bills. If he does this before the Legislature adjourns the vetoed items and laws are dead unless the Legislature repasses them by a two-thirds vote. If the Legislature adjourns before the Governor has time to act on its bills, he may kill any item or any measure. An executive budget requires the Governor to do his thinking about the finances before the Legislature acts. If the Governor ought to be entrusted with the power to veto items of appropriation after the Legis- lature adjourns when his word is final, then surely he can safely be entrusted with full power to prepare for legislative review and action the appropriation bills of the state. Summary of Recommendations An executive budget system will be embodied in proper form in the Constitution of the State. The following are the essential elements of such a system: 1. The Governor will be made responsible for securing estimates of proposed expenditures from responsible officers of all state spend- ing agencies; also estimates of al] anticipated revenues of the State for the period to be financed. The incoming Governor of New York assumes the duties of his office on January 1st which is usually two or three days before the beginning of the legislative session. If the budget program has just been prepared by the outgoing Governor and submitted to the Legislature, the new Governor cannot be held responsible for it. Estimates may be gathered and com- piled under the supervision of the old administration, but the new administration will have the power to make up the budget and 818 Rerort or Reconstruction CoMMISSION present it to the Legislature. The new Governor will make up the budget after he has appointed his departmental heads and can call them into conference to determine their relative needs in the financial program for the coming year. 2. The Governor will be required to review all estimates of expenditures and with the aid and counsel of his administrative colleagues to prepare a complete plan of proposed expenditures in which the relative importance of all demands on the treasury are considered. 8. The Governor will have a permanent staff agency to assist him in the collection of budget data and the preparation of the budget. Under the proposed plan of organization the Bureau of Administra- tion in the Executive Department will be charged with the duty of gathering the estimates and other information relative to the budget and of making a complete compilation of all budget data for the use of the Governor. 4, The Governor will be required to hold public hearings on a tentative budget before its presentation to the Legislature. 5. The Governor will be required to present to the Legislature early in the session a complete plan or budget embracing all of the proposed expenditures shown in connection with the anticipated revenues of the state; also a statement of the condition of the treasury both at the beginning and at the end of the period covered by the budget, and a program of revenue measures. If found necessary, in financing expenditures for public works to raise part of the moneys required by the issuance of bonds, then the budget will contain an estimate of such proposed expenditures with a state ment of the amount to be raised by bond issues. Full details will be given as to the requirements to be attached to the issuance of the bonds. ye 6. The Legislature will be required to begin immediately and openly to consider the Governor’s budget. 7. The Governor will have the right, and it shall be his duty to meet with the committees of the Legislature and with the Legislature as a whole to explain, discuss and define his financial proposals. 8. The Legislature will not be permitted to pass any appropria- tion bill except upon recommendation by the Governor, until the Governor’s entire plan is acted upon. 9. The Legislature will not be permitted to add to the Governor's proposed budget, but only to reduce and strike out items therein. Present anp Prorosen Bupger Sysrem or New York 319 10. The Legislature will be allowed to provide for expenditures in addition to those contained in the Governor’s budget only by special procedure and subject as at present to the Governor’s veto. 11. The Governor will be given authority to supervise the ex- penditure of all appropriations and will be required to report trans- fers and changes in the schedules or allotments of appropriations to the Legislature. In order that the Governor and his department heads may have reasonable latitude in making expenditures, the appropriation or budget bill will not be rigidly itemized. One of two plans will be adopted. The first plan contemplates that the appropriation for each main class of expenditures in an organization unit will be made in lump sum with a supporting schedule for each lump sum. This schedule will serve as aguide to expenditures rather than a rigid program, transfers being permitted within a schedule by application to and approval by the Governor. Under the second plan a lump sum appropriation will be made by the Legis- lature to each main class of expenditure in an organization unit and control over the expenditure will be secured by requiring each unit to allocate its lump sum appropriation with the approval of the Governor just prior to the beginning of the fiscal year for which the appropriation is made. 320 Rerorr or Reconstruction Commission CHAPTER 3-— COMPARATIVE TABULATION Responsibility L. Pre : ‘ II. Review and . atoms . Preparation and filing of ee TI. Preparation IV. Form and contents of for Toe of estimates ete he of budget budget ALABAMA — No. 31, Laws of 1919; Approved February 11, 1919; Legislature State Budget Com-) § 2. By October 15th quadrenni-) No provision for| § 4. The State} § 4. The budget shall contain a mission.—Composed|ally, the head of each agency asking|Alabama. Budget Commission|complete ae of proposed expendi- of Governor as chair-|support from the State Treasury shall prepare a bud-jtures and estimated revenues for man, Attorney-Gen-|shall file with the Budget Commis- get. the ensuing quadrennium and shail eral and State Audi-|sion itemized estimates of its needs embrace an itemized estimate of the tor. (Commission|for the quadrennial period beginning appropriations for the Legislature, secures necessary|October ist next, and estimates las certified by the president of the clerical assistance.) jof probable revenues from all senate and the speaker of the house; sources; also a statement showing for the executive department; for the revenue and expenditures for the judiciary department; to pay the last preceding quadrennial the principal and interest of the period; all of which shall be arranged State's debts; for the salaries and in such form as the Budget Com- other purposes payable by the State ission shall prescribe. ander its Constitution and laws § 3. By October 15th quadren- and for all other appropriations, nially the State Auditor shall fur- nish the Budget Commission (1) a statement showing balances to the credit of the several spending agen- cies at the end of the last fiscal year, (2) a statement showing the rev- lenues and expenditures from all appropriation accounts in the twelve, months of the last fiscal year, (3) a statement showing the annual revenues and expenditures of each, appropriation account for each year ‘of the last four fiscal years. : § 14. A statement of all claims| jagainst the State, requiring action by the Legislature, shall be filed with the Budget Commission. ARIZONA — 5. B. No. 30, Laws of 1919, Governor.......... § 10. All spending agencies shall furnish the Governor by October Ist of the even-numbered years esti- mates of their probable needs for the next biennial fiscal period. The: estimates shall be itemized and! classified and shall show in parallel, columns the expenditures for the’ previous year. Estimates shall pre- sent new activities under appropri- ate heads, classification and arrange- Iments. Estimate forms shall be prepared under the direction of the Governor and distributed from his office. § 8. The State Auditor shall on October 1st of each year furnish the| Governor with (1) a statement of balance to credit of each spending agency at the end of the pceceding| fiscal year; (2) statement of monthly |revenues and expenditures from each |appropriation account during the last preceding fiscal year; (3) state- ment of annual expenditures in each’ appropriation account, as against le revenues thereto from all! sources, for each of the two pre-| ceding fiscal years; (4) a complete balance sheet for the fiscal year ending June 30th preceding; (5) other statements requested by Governor, §§ 1, 2, 3 and 4. The responsible officer "of every spending agency shall file with the Governor by October Ist of each year reports setting forth in detail the financial condition of the agency. The forms| pa which these reports are made be prepared and distributed by the Governor by June 30th of each year. The forms shall be| prepared in such manner that the| data contained thereon may be January lst preced- ing regular legisla- tive Governor and_ his assistants must have completed a careful survey of all spend- ing agencies through which he shall be in possession of work- ing knowledge upon which to base his recommendations to the Legislature. §§12and16. By; § 12. The Gover- nor shall prepare} budget recommen- dations for the bi- sessions the|dati 0 lennial period. §§ 9 and 11. The Governor may re- quire from spendi agencies additional information not con- tained in the esti- mates aah shall be’ appended as sepa- rate and distinct} matter from the contents of the esti- mates. easily compared. § 13. The budget shall contain § complete and itemized plan of all [proposed expenditures for the sey- eral State agencies classified by sub- ject, character and purpose; also estimated revenues, balances or deficits of funds for each year of the ensuing biennial period begin- ming July Ist. The budget sh show the actual financial condition jof each fund, appropriation and activity of the State during the last two fiscal years and the actual ap- Propriations for the two preceding and current fiscal years, in parallel columns in comparison with the jestimated expenditures, together with increases and decreases in items. The budget shall ome an and 08 [statement for the State at the end lof the last fiscal year; also a current balance sheet. It shall include an estimate of amounts which may be required to meet sny emergency due to casual deficits in funds, failure of revenues or other contin- gencies with suggestions for im- diate appropriation therefor. TasuLar ANALYSIS oF ALL Starp Buparsr Laws OF STATE BUDGET LAWS 321 V. Submission of budget} and consolidated appropriation bill to Legislature meets quadrennially. § 4. Within fifteen VI. Budgetary procedure in Legislature § 5. The Governor shall days after the convening|secure the introduction of of the Legislature in regular session, the chair- man of the Budget Com- mission (Governor) shall submit a budget for the ensuing four fiscal years. The Governor shall transmit to the|suppl § 5. the appropriation bills in each house as soon as prac- ticable after they have been preeented to the presiding officers and are ready for introduction. The Budget ‘Commission may amend or poate officer of each ouse a budget and bills for all proposed appro- priations of the budget, clearly itemized an claasified. M | the appropri- ation bills while in the Legislature. § 10. The house and senate committees in charge of appropriation measures, will sit in joint public meet- ings while considering the budget and all parties in- will be admitted and heard. At these public meetings the members of the Budget’ Commission may be pres- ent and be heard on all matters coming before the joint committees. terested in the estimates} Legislature meets biennially. §§ 13 and 14. The Governor shall submit rinted copies of the|shall be dget for the biennial aprrcpristion committees period ming Julyjot the house and senate, Ist, to the presiding|who shall consider the oficer of each house,|same. within five days after the beginning of the legis- lative session; also copies of a tentative general ap- Propriation bill and all appropriation bills of a special nature required to carry out recommen-} dations of the budget. The appropriation its e itemized and classified as to subjects, objects and so proposed shall purposes. § 15. Budget and pro- posed appropriation bills be referred to the 11 VII. Legislative action on consolidated appropriation bill No provision for Arizona. . VIII. Supplementary appropriation bills (Compare with Maryland Budget Amendment.) § 6. The Legislature, by rule of procedure, will not alter the budget bills except to strike out or reduce ‘items, unless by vote of two-thirds of the members elected to both houses, pro- vided that appropriations neceasary for the payment of interest or principal due on public debt will not be} reduced or eliminated. get has been upon by both single purpose. § 7. Neither house will rar consider any other appro-|appropriation may be made priations except an emer- gency appropriation for the|and approval by the Bud- |immediate expense of the! |Legislature until the bud- finally acted houses. i ‘Every supplementary ap-jexamine the affairs of all propriation will be embod- ied in a separate bill for a No sup- plementary appropriation will be valid if, when added to the appropriations au- a thorized by the budget/quadrennium are reappro- bills, it exceeds the revenue|priated for one month, at from all sources for the|the end of which time they next ensuing quadrennium, ag estimated in the Budget. No provision for Arizona. IX. Expenditure and control of appropriations | § 8. Transfer of items of upon written request to get Commission. § 9. The Budget Com- mission or their represen- tatives may, at any time, spending agencies and may recommend the curtailment of expenses looking toward increased efficiency. § 11. All unexpended balances at the end of each revert to the treasury. _ § 12. The State auditor shall keep such books as shall exhibit clearly the financial condition of the State. ‘ § 13. Every spending agency shall keep detailed accounts of all receipts and disbursements and shall check up monthly with the auditor's accounts. § 5. Every agency re- ceiving appropriations from the State shall keep such books, records and accounts as will furnish full and complete information of expenditures. § 6. All bills, statements, letters, vouchers and docu- ments pertaining to book entries shall be preserved and systematically filed by the several spending agen- cles. § 7. The Governor may lappoint persons to 8 an audit of the books of any spending ageacy at jany time. 322 Rerort or Reconstsuction ComMIssion Chapter 3 — Comparative Tabulation Responsibility L Pre ‘ ‘ II. Review and * segs ge . Preparation and filing of eM III. Preparation IV. Form and contents of ss "budget a estimates Toe of budget budget V ARKANSAS — Chapter 44, Laws of 1913; approved Budget me §§ 1 and 2. Heads of the various} No provisions for} No provisions for|No provisions for Arkansas. — Composed of|spending agencies on or before the|Arkansas, Kansas. seven members of date of convening of the Legis- the house appointed|lature, are required to file with the by the Speaker and/State Auditor a compiled statement five members of thelof estimated expenditures for the| senate appointed by|ensuing biennium, including inci- the President, at/dental expenses, and an itemized each session, within|statement of proposed new work five days afterjand the cost thereof. organization. _§ 8. The State Auditor shall com- pile an estimate of all the State's revenues for the ensuing biennium, based on the income for the pre- ceding two years. Budget Board. No provisions for California. (In, Composed of estimates are received by’ Board of Budget Board upon prepared| consisting of members by_ the and State troller. The Board has been stituted by agreement and by statute. CALIFORNIA — Chapter 349, Laws of 1911; approved § 661. The mem-; may visit every/tice the same and also their|propriations.) wants and require- ments. No provisions for bers of the Board|California. (In prac- Budget, spending agency of|Board makes recom-| the State, ascertain|mendations to the the condition of|Legislature for ap- No provisions for California. TasuLar Anatysis oF att Stars Buvarr Laws of State Budget Laws — (Continued) 323 V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations February 12, 1913. Legislature meets biennially. No provisions for Ar- kansas. ! § 5. The State Auditor shall furnish the Budget/kansas Committee immediately upon its appointment the estimates of proposed expenditures and antici- pated revenues. § 6. The Budget Com- mittee, not later than twenty days after its appointment, shall pre- pare and introduce into. the General Assembly all appropriation bills for the necessary running! expenses of the State government, including all State institutions. It shall make such recom- mendations by bill, or otherwise, for changes in the State revenue laws| as may be deemed neces- sary to raise sufficient funds for the State’s needs, April 3, 1911. § 67. The State Board! of Control must make reports and recom- mendations at least; thirty days before the meeting of the Legisla- ture. It must give. the Comptroller for his use at such time as he shall demand, 2 statement showing all its recom- mendations for sppro-| priations by the Legis- lature. § 443 (Political Code). The Comptroller must submit an estimate of Tequirements to the Gov-| ernor and to each mem- ber and member-elect of the Legislature within ten days of the opening of eaoh regular session. fornia. No provisions for Ar- No provisions for Cali- fornia. No provisions for Ar- kansas, Legislature meets biennially. No provisions for Cali- § 34, Art. 4 of Constitn-| tion. No bill making an appropriation of money, except the general appro- priation bill, shall contain more than one item of ap- propriation and that for one single and certain pur- pose to be therein ex- pressed. No provisions for Ar- nsas. § 660. The State Board of Control may examine books of all spending agencies. § 666. It may audit claims against the State and approve or disapprove them. § 682. It shall have gen- eral powers of supervision over all matters concerning the fiscal and business poli- cies of the State. § 683. It shall approve contracts for the purchase of supplies. §§ 686 and 687. It shall devise, install and supervise @ uniform system of ac- counting and reporting. 324 Revort or Reconstruction CoMMISsION Chapter 3— Comparative Tabulation Responsibility L Pre . \ II. Review and ‘ Iv. F d initiati . Preparation and filing of Ill. Preparation . Form and contents of for Fale in oF estimates revision of of budget budget COLORADO —H. B. No. 370, Laws of 1919, Governor.......... § 1. All spending agencies, except) §1.The Governor) § 2. The Governor) § 2. The budget shall contain a the General Assembly and the Judi-|may review by pub-|shall prepare a bud-|complete pian of Brtpoeed expendi- cial Department, shall prepare and/lic hearings all esti-/get and shall submit/tures an estimated revenues for ’ State Board of Fin-| ance.— Composed of| three electors ap- pointed by the Gov- ernor, with over- lapping terms of six years, and the Comptroller, Tax Commissioner (ap- pointed by the Gov-' ernor) and the Treasurer, ex-officio. submit to the Governor by Novem- Lael He. may it to the General As- sembly. ber 30th of the even years estimat of their required appropriations. ‘The estimates shall be itemized and| in such form as the Governor may require. Estimates of the General Assembly, certified by the presiding officer in each house and of the Judicial Department, certified by the clerk of the Supreme Court of the State shall be transmitted to the Governor before the 15th day of January next succeeding, . All: pending officers must; submit estimates of their require-| ments to the State Board of Finance! by August ist of the even numbered years, CONNECTICUT except the estimates of the Legi land Judicial Depart- ment, and he may make such recom- mendations _—with| regard to these as| he may deem proper. §§ 4 and 5. The office of Budget and Efficiency Commis-| sioner is created. hall be ap- He sil pointed by the Gov- ernor with a term of office coterminous with that of the Governor; shall be qualified as an ac- countant and shall devote his entire time to the duties of| his office. He shall have access to the accounts and rec-; ords of all agencies receiving money from the State, and it shall be his duty to aie the Sora in the preparation ot the budget and ap- lpropriation bills. § 2. The State Board of Finance! may hold hearings' on the estimates, land shall have ac- and re¢ords of de- partments and insti-| tutions. cess to all accounts] —H. B. No. § 2. The Board shall tabulate the estimates and shall make recommend financing the State government for the ensuing biennium. It shall con- tain the estimates of all spen agencies as revised by and certifi to the Governor. It shall contain a proposed plan for financing the requirements for the next biennial fiscal period, together with meagurea lof taxation if any, which the Gov- ernor may propose for the increase of revenues, Accompanying state- ments shall show a current balance sheet of the State, compared with the financial conditions of the previ- ous biennial period; actual revenues and expenditures in detail for the preceding biennium, and such other information as may be necessary, The 5 bude shall be in such form as to be readily analyzed and under- stood. 718, Laws 1919, repealing No provisions for Connecticut. tions thereon. The Comptroller _ shall! have the estimates printed in a book. TaBuLarR ANALYSIS OF ALL State Bupeer Laws of State Budget Laws — (Continued) 325 Y. Submission of budget and consolidated aeepeetn bill 0 @ VI. Budgetary procedure in Legislature VI. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Approved April 9, 1919. Legislature meets biennially. § 2. The Governor| shall submit the budget’ to the Legislature by the fifteenth day of the reg- ular session. Accom- ‘panying the budget shall an appropriation bill or bills in such form and detail as shall afford effective control over ex- penditures, The budget shall be printed and cop- jes furnished each mem- § 2. Immediately upon submission of the budget and appropriation bills, the presiding officer of each house shall introduce and refer the same to the ap- propriate committees of their respective houses. The Governor may amend or supplement the budget before final action thereon by the General Assembly. § 3, During the consid- ber of the General As-leration of the appropriation sembly and State Audi-|bill or bills submitted by tor, and given such other publicity as the Gover- nor shall deem proper. Chap. 302, Laws of 1915 Legislature meets biennially.: No provisions for Con- Decticut. the Governor, the Gover-| nor, Auditor and heads of| the spending agencies shall have the right to appear and be heard by the appro- priate committecs of either house of the General As- sembly. § 1 .B. No. 714, Laws 1919). There shall be a joint standing committee on appropriations, ap- pointed at each session, consisting of two senators and five representatives. All appropriation bills shall be referred to this commit- tee unless such references shall be dispensed with by vote of two-thirds of each branch of the Legislature. The Board of Finance and the Committee on Appro- priation shall jointly or- ganize by the selection of a chairman and a clerk, and shall, during the ses- sions of the Legislature, hold meetings for the con- sideration of appropriation bills. § 2 (HL. B. No. 714, Laws of 1919). This joint com- mittee shall report to the house of its origin all ap- propriation bills within two: weeks after the conclusion of hearings thereon. It may originate and report, such appropriation bills as are deemed necessary. All appropriation bills shall specify the particular pur- pose for which each appro- priation is made and shall ras No provisions for Colo- do. § 3. The principal ap- by the appropriation bill. For, every expenditure required by the budget, not com- prehended in the general appropriation bill, as de- fined by section 32, article 5 of the constitution, the Governor shall prepare and: submit separate special appropriation bills. In order to provide for the payment of current sal- aries and necessary running expenses during the interim before the expiration of the fiscal year and the effective date of the general appro- priation bill, the Governor shall prepare for introduc- tion to the General Assem- bly immediately after it convenes, the customary short appropriation bill. § 2. The appropriatio® propriation bill transmitted|bills shall be in such form Governor to theland detail as to afford effec- General Assembly with the|tive auditing and control budget shall be the generallover expenditures. No provisions for Con- necticut. be itemized as far as prac- ticable. No provisions for Con- necticut. § 3. The Board of Fi- nance is given power to examine and control the expenditures of — depart- ments and institutions. § 4. The Board of Fi- nance must give its consent before transfers of appro- priations can be made by the Board of Control. 326 Rurort or Reconstruction ComMMission Chapter 3 — Comparative Tabulation III. Preparation of budget IV. Form and contents of budget Responsibility IL. Review and for initiation of 1 Erenpea pian filing of revision of budget estimates DELAWARE — Chap. 278, Laws of 1917; approved March 15, 1917. Governor.......... § 6. The Governor may require) § 6. The Governor from 7 agencies expending or ap-|shall include in his plying for State moneys such item- budget, without re-| ized estimates and other informa-|vision, the estimates tion in such form and at such time|for the Legislature’ as he may desire. The estimatesjand the public for the Legislature shall be certified|schools. by the presiding officer of each house; those for the public school shall be furnished by the State Board of Education. Tho Budget and) No provisions for Georgia....... § 2. This Com- Investigating Com- mission shall exam- mittee. — Composed of the Governor as Chairman, Attorney, General, _Superin-' tendent’ of Educa- tion, and Chairman of the Appropriation Committees of the islature. § 1. The Governor shall be requested to prepare two bud- gets, one for each offi the ensuing fiscal years. (Providing budget system §§ 2 and 3. Each budget shall be divided into two parts: oe ‘ Gov- ernmental appropriations,” embrac- ing itemized estimates and appro- priations for (1) General Assembly, (2) Executive Department, (3) Judi- ciary Department, (4) to pay and discharge the principal and interest of the State debt, (5) salaries pay- able by State, (6) public schools, (7) other expenses necessary under constitution; TI. ‘‘ General appro- priations,” including all other esti- mates. § 1. Each budget shall contain a complete plan of proposed expendi- tures and estimated revenues, and shall show the estimated surplus or deficit of revenues. An accompany- ing statement shall show (1) rev- enues and expenditures for each of two fiscal years next preceding (2) balance sheet, (8) debts and funds, (4) estimate of State’s finan cial condition at the end of the fiscal years covered by the budget, (5) explanations by Governor. FLORIDA GEORGIA — No. 327, p. 155, Laws of 1918; approved ine the needs of the several agencies re- ceiving support from the State Treasury. The Com-| § 2. ission shall prepare of the condition of| State finances. a detailed statement] No provisions for Georgia. TasuLarR ANALYSIS OF ALL State Bupcet Laws ne of State Budget Laws — (Continued) 327 Y. Submission of budget} and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations for one session.) Legislature meets biennially. $$ 1 and 3. The Gov- § 3. The budget bill, or} ernor shall deliver to the| presiding officer of each house the budgets and a bill of proposed appro- priations, ae item-| (No budget law.) appropriation bill, must be introduced _ immediately upon receipt by the presid- ing officer of each house. It shall have priority over all other bills and motions ex- cept the motion to adjourn. The Governor may amend or supplement the budget ture. § 4. The Governor and representatives of spending agencies shall have the tight to be heard on the budget bill during its con- sideration by the Legis- lature. § 3. The General As- sembly may amend the’ budget bill by increasing or diminishing the items’ therein in any way not contrary to the constitu- tion. § 5. Neither house shall consider other appropria- tions until the budget bill bill while in the Legisla-|has upon. been finally acted tary appropriation shall (1) be embodied in a sepa-' rate bill, limited to a single purpose stated therein, (2) shall provide or designate the source from which the money therein appropriated is to ee derived. § 7. The Governor shall include in his budget under the title “ General Appro-| priations” an estimate of the amounts which can be appropriated under miscel-| laneous appropriations, and a number of supplementary bills may be passed carry- ing sufficient appropria- tions to exhaust the mis-| cellaneous fund so esti- mated without providing (Compare with Maryland budget amendment.) § 5, Every, supplemen-| No provisions for Dela ware. August 12, 1918. Legislature meets annually. § 2. The Commission shall submit its report with reference to the con- dition of the State’s fi- nances and such recom- mendations for appropri- ations as it may see fit to make to the Legislature within ten days after the convening of a session. § 3. The Commission a examine into the appropriations of pre- vious Legislatures and report whether or not the same should be discon- tinued, decreased or in- creased. The Commis- sion shall prepare and submit to the Legislature’ bills to carry out its recommendations; it shall also prepare the ‘general appropriation bill and de- liver same to the Chair- man of the Appropriation Committee of the House. No for Georgia. provisions No provisions or Georgia any other source of revenue. No_ provisions for Georgia. § 4. The Commission shall visit the State spend- ing agencies and examine their methods of accounting with a view to installing a uniform system of account- ing. § 8. The Commission shall aid and advise the Governor in fixing tax rate to be levied for the support of the Government. 328 Report or Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I, Preparation and filing of estimates TI. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget IDAHO — §2. The Commissioner of Finance, by August 15th of even years, shall $3. The Com- of Finance distribute to all spending agencies! estimate forms. He shall procure’ information of revenues and expendi- tures for current biennium, the ap- propriations of the previous Legis- lature, the expenditures therefrom, encumbrances thereon, amounts! ‘unencumbered and unexpended, and may approve, disap- prove or alter esti- mates. He shall, by December Ist, gub- mit to the Governor and to the Governor- |Hlect, i in writing, his v § 1. The Gover- nor is the chief budget officer of the| State and shall be assisted ee the De- partment of Finance. § 5. The Gover- nor shall submit to’ the Legislature a dget for the bien-| estimates of revenues and amounts needed by spending agencies for pre-| ceding biennium. § 3. Each spending agency shall! by October Ist file estimates and) other information with the Commis- sioner of Finance. |therefrom, the encumbrances there-} ofr land appropriations for thenext biennium. The Gover- nor shall, during De- cember, ‘provide for public hearings on all estimates and shall invite the Gov- ernor-Elect to bel present and shall re- quire the attendance of heads or repre- sentatives of all receiving or| asking money from the State. nial period. 8. B. No. 173, Laws of 1919. Legislature meets biennially, § 5. The budget shall contain th- amounts recommended by the Gov ernor to be appropriated to the sev” eral spending agencies, the estimated Tevenucs from taxation, and the esti- mated amount to be raised by taxa- tion. Together with the budget, the Governor shall transmit the esti- mates of spoaipes and expenditures as received by the Commissioner of Finance from the elective officers in the Executive and Judiciary De- partments and from the Board of Education. ILLINOIS — Civil Administrative Code.“ Laws’ off1917. Page 2; § 37. The Director of Finance shall by September 15th of the even num- bered years distribute to all spending agencies, including the elective off- cers, University of Llinois and| Judicial Department, estimate blanks in such form as he may pre-| scribe. He shall procure informa- tion of the revenues and expenditures for the two fiscal years preceding, the appropriations made by the pre- vious islature, the expenditures on, amounts unencumbered and unexpended, estimates of the reve- ues and expenditures for the current} fiscal year, and estimates of revenues| land amounts needed by several spending agencies for the succeeding biennium. All spending agencies shall, not; later than November Ist, file with the Director of Finance their esti- mate of receipts and expenditures for the succeeding biennium. Such esti-| mates shall be accompanied by § 37. The Di- rector of Finance may approve, disap- prove or alter the estimates. He may at his discretion make inquiries and investigations, He shall by January Ist submit to the Gov- ernor in writing his jestimates of rev- |enues and appropria- tions for the next) biennium. § 38. The Gover- nor shall submit to the Legislature a budget for the bien- nial period. § 38. The budget shall contain th® amounts recommended by the Gov- ernor to be appropriated to the sev- eral spending agencies, the estimated revenues from taxation and from sources other than taxation, and the estimated amount required to be raised by taxation. Together with the budget, the Governor shall transmit the estimates of oe and expenditures received by the Director of Finance from the elective officers in the Executive and Judicial Departments and from, the Uni- versity of Illinois. :,— is written explanations. TapuLar ANALYSIS OF ALL State Buperer Laws of State Budget Laws — (Continued) Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill \ VIII. Supplementary appropriation bills 329 IX. Expenditure and control of appropriations (Compare with the §5. The Governor shall submit the budget not} later than ten days after the organization of the Legislature. § 6. He shall submit to residing officer of ouse at the time he submits his budget, copies| of a tentative bill for all proposed appropriations, i and properly classified, for the, ensuing biennial appro- the each clearly itemized priation period. § 7. The Standing Appro- priation Committees of the Legislature must begin with- ‘in five days after the budget issubmitted,toholdjointand open sessions upon it. This Joint Committee may re- quire representatives of spending agencies to appear before it and give informa- tion, and it may admit and hear persons interested in| the estimates. The Gover- nor, or his representative, has the right to sit at these| public hearings and to be' heard. V budget laws of Illinois and Virginia.) _ § 8. The Legislature may’ increase or decrease items in the budget bill. Further, or special appropriations, except in the case of an lemergency, can be made only after the budget bill hag been finally acted upon. approved March 7, 1917. Legislature meets biennially. § 388. The Governor| shall submit to the Gen- eral Assembly the budget not later than four weeks after ite organization. No provisions for Illinois. No provisions for Illinois. the budget classifications. _§ 8. All appropriation bills originating in the Leg- islature must conform to No provisions for Illinois. Administrative Consoli- dation Act, Sec. 23. The Department of Finance is empowered to supervise and examine the acccunts and expenditures of the depart- ments and institutions of the state, also to examine the accounts of all private agencies receiving appro- riations from the Legis- ture. § 39. Each department shall, before an appropria- tion for such department becomes available for ex- penditure, prepare and sub- mit to the Department of Fimance an estimate of the amount required for each activity to be carried on, and accounts shall be kept and reports rendered show- ing the expenditures for each such purpose. 830 Rerorr or Reconstruction CoMMISsION Chapter 3 — Comparative Tabulation Responsibility for initiation of dget I. Preparation and filing of estimates IE. Review and revision of estimates II. Preparation of budget IV. Form and contents of budget INDIA Governor Governor...... ere Governor.......... Subsec. D. 2. Estimates are re- quired to be made to the Governor by all spending agencies at such time and in such form as he may pre- scribe. Estimates of legislature are certified by the presiding officer of each house, those of judiciary by Auditor of State, those of public schools or higher educational institu- tions by State Superintendent of Public Instruction or the adminis- trative head of such institutions. § 191a. Every agency expending or requesting money from the State} treasury, shall by November 15th of the even number years, submit to the Governor a statement of amounts appropriated for the current bien- nium, with explanations of increases over previous appropriations. Subsee, D. 2. Gov- ernor may review by public bearings all estimates andi may revise all esti- mates except those of legislative and ju- diciary departments and those for the public schools. Subsec. D. 2. Gov- ernor shall prepare two budgets, one for each of the NA — Joint Resolution to amend Constitution by adding Section 31 to Art. IV; passed Subsec. B. 2 and 3. Each budget shall be divided into two parts I. “Governmental Appropria- tions,” including estimates of appro- fiscal years. No provisions for' Towa. IOWA — § oe The Gov-| ernor shall prepare a| budget. priations for (1) General Assembly; (2) Executive Department; (3) Ju- diciary Department; (4) to pay and discharge principal and interest of State debt; (5) salaries payable under Constitution and Laws; (6) public schools or higher institutions; (7) other purposes set forth in Conatitu- tion and Laws; II. ‘‘ General Appropriations,” in- cluding all other estimates. Subsec. B. 1. Each budget shall contain a complete plan of proposed expenditures and estimated rev- enues and shall show the estimated {surplus or deficit of revenues. An accompanying statement shall show: (1) revenues and expenditures for each of two fiscal years next preced- ing; (2) balance sheet; (3) debts and funds; (4) estimates of State’s finan- cial condition at the ends of fiscal years covered by the budget; (5) ex- iplanations by Governor. Code, Sec. 191a and 191b § 191b. The budget shall contain in detail general information and in general form the Governor’s recom- mendations for appropriations for all spending agencies, together with such explanation thereof as he may desire to present. KANSAS — Chapter 312, Laws of 1917, approved March 7, 1917. §§ 1, 2,3, 4,5, Estimates prepared by all spending agencies on pre- scribed blanks, giving itemized lists and trial balance, and presented to § 7. | Governor shall review all esti- ‘§§ 7 and 9. Gover- nor shall prepare a the|L § 7. The budget shall be in the form of a separate message to the mates ai d of appro- the Governor on November 15th of the even years. § 4. Each estimate must be sworn to by administrative head or other designated office or spending agency ma same, § 6. Estimated revenues pre- sented to the Governor by Comp- troller and Treasurer jointly. priations. § 8. He may con- duct hearings, sum-| ‘mon witnesses, and make investigations. For this purpose he may name adminis- trative officers to assist him. mary of estimates and make r d e, a ary of the requests and reports with ecc dations thereon. tions thereon. § 9. The budget message shall be in easily understood form. Tapunar ANALYSIS OF ALL Sratzm Bupcsr Laws 331 of State Budget Laws — (Continued) Y. Submission of budget and consolidated appropriation bill to Legislature VL. Budgetary procedure VII. Legislative aetion in Legislature on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations 1 Legislature of 1919. Legislature meets biennially. (Compare with Maryland budget amendment.) Subsec. B, 3. The budget} Subsec. B, 3. General Governor shall deliver|bill, or appropriation bill,/Assembly shall not amend] the budgets and a bill of}must be introduced intojthe budget bill to affect the| Subsec. B, 1 and 3. proposed appropriations,|each house immediately|obligations of the State un-' clearly itemized and|upon receipt by the presid-|der the Constitution or classified, to the presiding|ing officer. The Governor|Laws or to create a deficit. officer of each house with-|..ay amend or supplement] It may increase or decrease jo ten days (if newly|the bill while in the Legisla-|items relating to the Gen- elected 15 days after in-|ture auguration) after con- eral Assembly or increase Subsec. B, 4. The Gov-|those relating to the ju- vening of Legislature. |ernor and administrative|diciary but can only reduce officers shall appear before|or strike out others, pro- the Legislature to defend|vided compeneation of pub- budget bill. lic officers is not diminished during term of office. Subsec. C. Legislature shall not consider other ap- propriations until budget bili has been finally acted upon. Subsec. D, 1. If budget bill is not enacted three| days before expiration of regular session the Gov- ernor may by proclamation extend session. Approved April 6, 1915. Legislature meets biennially. § 191b. On the date fixed by law for the Gov- ernor to present to the General Assembly his official message he shall submit the budget. The} Governor shall not be re- quired to read the budget but it shall be printed in the Journal as a part of his message to the Gen- eral Assembly. Lezislature meets biennially. (Compare with budget law of New Jersey.) No provisions for Kansas. | No provisions for Kansas. No provisions for Kansas. §7. The Governor shall present his budget. to each member-elect of the Leg- islature on the seconu Tuesday of January. § 9. Budget is given publicity by submitting copies to press and Public ibrary. § 10. Governor may present special messages to the Legislature re- questing add.tional ap- Ppropriations after the budget has been sub-| mitted. No provisions for Iowa. No provisions for Iowa. No provisions for Iowa. Subsec. C. Every supple-| No provisions for In- mentary appropriation shall| diana, (1) be embodied in a sep- arate bill limited to a single purpose; (2) shall provide the revenue necessary to pay the appropriation un- less it appears from the bud- get that there is sufficient) revenue available; (3) shall receive the majority vote of the elected members of each house; (4) shall be pre- sented to the Governor and be subject to his veto. No provisions for Iowa. § 12. Governor has the power to investigate the in- come of all State spending agencies which is not de- rived directly from the State Treasury. 332 Report or Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility L Pre . ‘ II. Review and . Patan : paration and filing of Ill. Preparation TV. Form and contents of for ee of estimates earner of budget budget Ns Ae. FOR NAR STARTS AILS KENTUCKY — Chapter 12, Laws of 1918, approved Budget Appropria-| §§ 3. and 4, Every agency requiring] § 7. The Budget) § 9. The Budget; § 9. The budget shall comprise tion Commission.—|or expending money from the treas-|Appropriation Com- Appropriation Com-|a summary statement of all esti- Composed of Gover-jury, shall file estimates with the|mission assisted by|mission shall prepare|mates; shall show the source of in- nor as chairman,|Budget Appropriation C the State E the budget. come of all State agencies; also the State Auditor and| chairman of State Tax Commission. (State Auditor is elected by people at! same time and for same term as the Governor, Chairman’ of Tax Commission is appointed by the Governor.) Board of State Af- Jaire.—Consisting of| three members ap-| pointed by the Gov-| ernor and confirmed by the Senate for|bl overlapping terms of six years. (Created by Amendment tol Arts, 225-6 of Con- stitution, ratified in| 1916.) by December 1st of the even years. § 3. The estimates shall show the anticipated revenue and the needs of, each spending agency for each of the| lensuing fiscal years. Estimates shall be classified as follows: (1) Salaries,| (2) maintenance and operation, (3)} supplies, (4) repairs, (5) permanent ‘improvement. Increases over the preceding year must be shown. The requirements of this section do not apply to the legislature, judiciary and common schools, 2. Each spending agency must also submit to the Budget Appropri-| ation Committee by January lat a statement showing the receipts and] expenditures for each of the last two fiscal years, number and name of employes and average hours per day at work, the classification and com- pensation of each. §§ 4 and 5. All estimates must be compiled, sworn to and filed by either the head of the spending agency or a designated official, except those of the Legislature and the Judiciary ‘which shall be compiled and filed by| the State Auditor. § 6. State Treasurer shall furnish the Budget Appropriation Commis-| sion a financial balance sheet of the State dand any other information| and Inspector shall review the estimates and reports begin- ning January 5th. § 8. The Budget Appropriation Com- mission may direct} the State Examiner and Inspector to make investigations and it may conduct! hearings. § 10. All state- ments, estimates and Teports concerning the budget shall be precerved by the tate Auditor as public record. § 11. Budget Ap- propriation Commis-| sion shall prepare} two _ appropriation bills for each of the’ two ensuing years. These bills shall in- clude recommenda- tions for appropria-| tions to all spending, agencies except _Ju- expenditures, classified under (1) interest charges, (2) salaries, (3) maintenance and operation, (4) per- manent improvements; finally, the number of employes. In addition, the budget shal! contain a brief sum- mary of the financial condition of the State at the close of the last fiscal year; the condition at the end of each of the two years covered by the budget; also a statement of the State diciary, 1 and common schools, debt and fixed charges thereon. The budget shall be “in simple, clear and concise form so as to be easily understood by the General Assembly,”” ‘The Budget Appropriation Com- mission shall prepare a message to the General embly Teo ommendations on the budget. LOUISIANA — No. 140, Laws of 1916, approved July 5 1916 {8. Not later than January Ist, preceding the regular session of the| General Assembly the Board of State] Affairs shall distribute blanks for the| peepee ton of estimates. These lanks shall be returned to the Board not later than February 1st, showing: (1) Actual revenues and expendi-| tures for two preceding years; (2) estimated revenues and expenditures| in corresponding detail for the ensu- ing biennium; (3) whether and in tat amounts the estimates exceed or fall below the corresponding items of expenditures for the pr § 8. The estimates| shall be compiled and reviewed by the Board of State Af- fairs; additional in- formation being ob- tained through ex- aminations, —_inter- views and corres- pondence. fiscal period. All estimates shall be} laccompanied by full explanation of \changes. §.8. Not later than March 15th the Board shall take formal action and shall prepare the budget. The budg- et shall be printed| with a record of the| vote in all cases where action is not unanimous, with any recommendations| the minority or the Governor-elect. may wish to include. 5 8. The budget shall contain de- tailed and comparative statements of actual revenues and expenditures. and reasons for its recommendations. x TaBuLar ANALYSIS oF ALL Stare Bunerr Laws of State Budget Laws — (Continued) 333 Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL Legislative action on consolidated appropriation bill VII. Supplementary appropriation bills IX. Expenditure and control of appropriations March 16, 1918. Legislature meets biennially. § 12, The Budget Ap- Propriation Commission shall transmit to each House of the General As-' sembly copies of the budget, of the two appro- priation bills, and of the message not later than the third Monday after the beginning of the gession. No provisions for Kentucky, Legislature meets biennially. § 8. The Board of State fairs shall recommenda] budget to the legislature not later than April Ist. Additional recommenda-; tions and reports shall be distributed not later than April 25th to the mem-| bers of the Legislature and the public bodies interested. No provisions for Kentucky’ No provisions for Kentucky § 13, All continuing ap- propriations are repealed. claims against the Treasury must be audited by the State Auditor. § 15. If the legislature shall fail or refuse to make appropriation, then the ap- propriations for the preced- ing year shall continue for the two succeeding years, (Compare with Budget Law of Wisconsin.) No provisions for Louisiana|No provisions for Louisiana|No provisions for Louisiana § 9. The Board of State Affairs shall have power to investigate; (1) duplication of work; (2) central con- trol of institutions; (3) cost of State printing; (4) feasi- bility of central purchasing; (5) Other matters pertain- ing to economy and efficiency. 334 Report or Reconstruction ComMMISsIon Chapter 3 — Comparative Tabulation Responsibility L Pre . A II. Review and « ee eee nas . Preparation and filing of ss III. Preparation IV. Form and contents of for ue a estimates Ae A of budget budget MAINE — Chapter 102, Laws of 1919; approved Committee on Budg-| § 2. During October of the even} § 4. On the third) § 4. The Commit-| § 6. The budget shall consist of @— Composed oflyears the responsible officer of]Tuesday in Novem-|tee on Budget shall|detailed estimates, subdivided under Governor as Chair- man, State Auditor aa Secretary, State Treasurer (appointed by the Legislature), chairmen of com- mittees on Appropri- ations and Financial Affairs of House. Senate and every spending agency shall file with] the Secretary of the Committee on ‘Budget on forms prepared and fur-| nished by the Committee, statements of the amounts appropriated and ex- pended for the current biennial fiscal ber the Committee|prepare a budget. on Budget shall! meet and proceed to} prepare the budget.| It shall examine all its and re- period ending June 30th preceding, estimates of expenditures for each of the two following years, together with estimated income properly clas-| sified and summarized. Reasons for estimated expenditures other than fixed charges shall be filed with the Committee. § 3. During October every cor- poration, association, board and in- stitution, whether public or private, receiving or requesting appropriation from the State, shall file with the Secretary of the Committee upon| prepared forms, statements in detail of all money for which any general or special appropriation is desired. quests for appropria- tions on file with the| Secretary of the Committee and shall) bold public hearings} on the estimates. \ny member of the Committee on Budg- et may visit any spending agency for| the purpose of exam-| ination and investi- gation. Subsec. D, 2. Estimates are re- quired to be made by all spending agencies to the Governor at such time and in such form as he may prescribe, Estimates of Legislature! are certified by presiding officer of each house and those of Judiciary by| Comptroller. appropriate headings, of the sums necessary to defray the expenses of “ha State for the ensuing biennial fiscal period. The budget shal! be divided so as to show the amounts for charitable and benevolent insti- tutions, new buildings or repair of old buildings and for other purposes. It shall be accompanied by a state- ment showing the total valuation of taxable property in the State and the rate of taxation necessary to produce the revenue required to meet the appropriations. It shall also show the revenue for the biennial fiscal period from sources other than direct taxation. § 4. The budget shall include a report of the expenditure of State funds during the current biennial fiscal period. Said estimates, recom- mendations, reasons and explana- tions with regard thereto as shall be deemed necessary by the Committee shall be the budget. MARYLAND — Amendment to Section 52, Article 3 Subsec. D, 2. Gov- ernor may review by public hearings all estimates and may revise all estimates except those of legis- lative and judiciary departments) and those relating to public schools, fiscal years, Subsec. D, 2. Gov- ernor shall prepare] two budgets, one for each of the ensuing Subsee. B, 2, 3. Each budget shall be divided into two parts: I. “Governmental § Appropria- tions” including estimates of appro- priations for (1) General Assembly, (2) Executive Department, (3) Ju- diciary Department, (4) to pay and discharge principal and interest of State debt, (5) salaries payable by State under Constitution and laws, (6) public schools, (7) other purposes set forth in Constitution, 7 II. “‘ General Appropriations,” in- cluding ail other estimates. Subsec. B, 1. Each budget shall contain a complete plan of proposed expenditures and estimated revenues, and shall show the estimated surplus or deficit of revenues. accom- panying statement shall show: (1) Revenues and expenditures for each of two fiscal years next preceding, (2) balance sheet, (3) debts and funds, (4) estimate of State's finan- cial condition at the ends of the fiscal years covered by budgets, (5) explanations by Governor. TaBuLar ANALYSIS oF ALL State Bupart Laws of State Budget Laws — (Continued) Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills 335 IX. Expenditure and control of appropriations March 26, 1919. § 5. The Committee! shall transmit the budget to the Legislature not later than the fifth day of the session. Legislature meets biennially. § 5. Upon request of any committee of the Legisla- ture the Secretary of the Committee on Budget shall transmit to the Legislature allstatements, estimatesand| requests which were filed with him by the spending agencies. No provisions for Maine. No provisions for Maine. of Constitution, ratified November 7, 1916. Legislature meets biennially. Subsec. B, 1, 3. Gov- ernor shall deliver the| budgets and a bill of pro- posed appropriations, clearly itemized and clas- sified, to the presiding officer of each house within 20 days (if newly elected, 30 days) after the convening of the Legislature. he|shall appear before the Subsec. B, 3. The Budget; Bill, or Appropriation Bill, must be introduced imme- diately upon receipt. The} Governor may amend or supplement the bill while in; the Legislature. Subsec. B, 4. Governor| and administrative officers Legislature to defend the Budget Bill. shall not amend the Budget propriations until the Budg- Bill is not enacted three| regular session, the Gover- nor may by proclamation extend session. becomes law upon passage| of the Legislature without} signature of Governor. Subsec. B, 3. Legislature Bill to change the public} school funds, or salaries and obligations required by the Constitution; it may in- crease or decrease items re- lating to the general as- sembly, or increase those; relating to the Judiciary, but can only reduce or strike out others. Subsec. C. Legislature shall not consider other ap- et Bill has been finally acted upon. Subsee. D, 1. If Budget days before expiration of Subsec. B, 3. Budget Bill mentary appropriation shall (1) be embodied in a sep- arate bill, limited to a single purpose, (2) shall provide the revenues necessary to| pay the appropriation by a direct or indirect tax, (3) shall receive the majority vote of the elected members of each house, (4) shall be presented to the Governor and be subject to his veto. Subsec. C. Every supple- No provisions for Maine. Appropriations are made to organization units in lump sum with itemized schedule attached. Each lump sum appropriation is paid out in accordance with the schedule which relates to it, unless and until such schedule is amended by action of the Governor upon request of the spend- ing agency. (Budget Bill, Chap. 206, Sec. 3, Laws 1918.) 336 Report or Reconstruction ComMIssion Chapter 3 — Comparative Tabulation F Responsibility for initiation of budg et I. Preparation and filing of estimates IL. Review and Tevision of estimates IU. Preparation of budget IV. Form and contents of budget § 1. Chap. 244, Laws of 1918. All agencies receiving or expending| money from the Treasury shall by October 15th annually submit to the Supervisor of Administration esti- mates of amounts required for the| ensuing fiscal year, with explana- tions, citations of statutes and other {information; also statements show-| ing in detail the amounts appropri- ated for the current fiscal year. These estimates shall not include purposes not authorized by statute. Duplicate copies of the cstimates| shall be filed with the Auditor of the Commonwealth. § 2. Chap. 244, Laws of 1918. Spending agencies asking for the ex- penditure of State money from any source of revenue, including expendi- tures to be met by assessments or the issuance of bonds for any purpose not covered by the estimates men- tioned in Sec. 1 above, shall by October 15th submit requirements| of Administration together with such| other ieee as he may require. § 3. Chap. 244, Laws of 1918. The State Auditor shall by December 26th prepare and file with the clerk, lof the house and with the Supervisor of Administration statements show- ‘ing in comparative tabulations the| estimates filed for all ‘purposes authorized by statutes, requirements for any new or special! therefor in detail to the Supervisor] § 4. Chap. 244, Laws of 1918. The Supervisor of Ad-| ministration —_ shall review the esti- mates and shall make such investiga- tions as are necessary for the preparation! of the budget. The} Governor may call upon the Auditor for| assistance in the preparation of the budget. interests, sinking fund and serial bond requirements, the appropria-| tions for the preceding year and expenditures for all State purposes ie oe eee eceding yeara. He file his estimates for the ee a other revenue of the State in comparative tabulations with the actual revenue for the pre- ceding three years, together with a |statement of the free and unencum-| bered cash balance and other re-' sources available for appropriation. v MASSACHUSETTS — Constitutional-amendment No. 16; § 2. For the pur-| pose of preparing his budget the Governor sball have power to: require any spending agency to furnish him with any infor- mation which hemay deem necessary. § 2. The budget shall contain a statement of all proposed expendi- tures of the State for the fiscal year, including those already authorized by law, and of all taxes, revenues, loans and other means by which such expenditures shall be defrayed. The budget shall be arranged in such form as the Legislature may by law prescribe, or in default thereof, as the Governor shall determine. § 4. Chap. 244, Laws of 1918, The budget shall’ show separately estimates and recommendations of the Governor for: (1) Expenses of ad- ministration, operation and mainte- nance; (2) deficiencies or overdrafta in appropriations of former years; (8) new construction, additions, im- provements and other capital outlay; (4) interest on public debt, sinking fund and serial bond requirements; (5) all requests for expenditures for new projects and other undertakings. It shall also include definite recom- mendations of the Governor for financing the expenditures recom- mended and the relative amounts to be raised from ordinary revenue, direct taxes or loans. TaBuLar ANALYSIS oF ALL Srate Bupeer Laws of State Budget Laws — (Continued) Submission of budget and oat a et ‘opriation a Legislature VI. Budgetary procedure in Legislature \ VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills 337 IX. Expenditure and control of appropriations ratified November 5, 1918. Legislature meets annually. $2. The Governor shall recommend to the Legis- lature a budget within three weeks after the ses- sion convenes. § 4. Chap. 244, Laws of 1918. The Governor shall submit to the Legis-|islature lature such supplemental| budgets. data with reference to the budget as he may dom expedient, and dur- the session he may Pi mit supplemental ecom- elative to! appropriations, revenues messages «On mendations ' or loans. § 3. All appropriations based upon the budget shalllincrease, decrease, add or be incorporated i in a singlejomit items in the budget. bill called the “ general ap-|It may provide for its sal- propriation bill.” © Thelaries, mileage and expenses; Governor may from time to|an time recommend to the Leg-|tures in anticipation of ap- supplementary|propriations, but before § 3. The Legislature may for necessary expendi-| final action on the “ general appropriation bill" it shall not enact any other appro- priation bill except on recommendation of the Governor. § 4. After final action on the general appropriation bill or on recommendation of the Governor, special ap-| propriation bills may enacted. Such bills shall provide specific means for defraying the appropria- tions therein contain § 5. The Governor may disapprove or reduce items or parts of items in any bill appropriating money. (Pro- visions for veto by the Gov- ernor of items of appropri- ation bills are included.) No provisions for Massa- 338 Responsibility for initiation of budget _ Budget Commis- ston.—Composed of, a budget director ap- Pointed by the gov- ernor and the gov- ernor and auditor general ex officio. Governor | § 4, The Budget Commission shall Report or Reconstruction Commission I, Preparation and filing of estimates obtain from the various state spend- ing agencies by September 15th of the even years estimates of their needs and anticipated income for the| ensuing biennium and such other in- formation relative to past expendi- tures and income and current finan- cial conditions as shall be necessary; to prepare the budget. The spend- ing agencies shall furnish all infor- mation requested by the Commission. Chapter 3 — Comparative Tabulation II. Review and revision of estimates § 5. The Budget] Commission shall as- semble the estimates] and other informa- tion by December 1st and shall exam- ine and revise the estimates, holding public hearings be- fore final revision at] which any executive officer of the state government __shall| have a right to be heard and it shall be his duty to appear when requested by the Commission. The governor-elect| shall be invited to sit with the Commis- sion at these hear- ings, and he may ex- amine the estimates and make recom- mendations relative} to revision. § 7. The Budget} Commission _ shi have the authority’ to examine at any| time all books and| records, as well as buildings and offices, of state spending agencies. It may conduct — examina- tions and compel witnesses to testify. § 3. The budget director shall be ap- pointed for two years at an annual salary of $4,000, and| he may perform all the duties and exer-| cise the power vested in the Budget Com-| issi The Com-| mission may employ assistants and cleri- Til. Preparation of budget IV. Form and contents of budget MICHIGAN — Act No. 98, Laws of § 5. The Budget Commission shall prepare a statement| to be known as the| state budget. § 5. The budget shall show the estimated amounts required by all |the spending units of the state goy- ernment for each year of the ensuing fiscal biennium, together with the ‘per cent. of increases and decreages from expenditures for the preceding biennium and for the first year of the current biennium, and the reasons therefor; an estimate of the revenues of the state from the vari- ous sources for the ensuing bien- nium; the expenditures, including bills due and unpaid, for the three years preceding the current fiscal year; an estimate of the amount needed for emergency burposes, also to pay the interest and principal of the state debt; and such other data as the Commission may deem valu- able. The Commission shall also point out in the budget any unwise expenditures rhicn are being made by spending agencies. § 2. Every spending agency shall prepare estimates and submit them to the Governor. § 6. The Governor may direct form of estimates to be used. § 7. Estimates shall show: (1) Name of item; (2) citation of stat- utes; (3) current appropriations; (4) actual and anticipated expenditures; (5) amounts needed; (6) explanations of increase or decrease; (7) revenues of spending agency. Divisions of budget classification: (1) salaries; (2) permanent improve- ments and equipments; (8) all other expenses. cal help, MINNESOTA — Chapter 356, Laws of 1915, approved §§ 3and 4. Esti- mates of subordinate officers shall be re- viewed by superior officers and _ shall be submitted to the Governor not later than December 1st. § 5. The Governor shall, not later than December 21st, re- view and revise all estimates, except those of the Judi- ciary, Legislature State University and State Militia. He is jassisted by the chief| executive officers, shall prepare the budget and shall have sufficient num- ber of copies printed for the members of the Legislature and chief executive officers. § 5. The Governor] § 6. The “ Budget” shall mean a summary of the complete estimates of the entire State Government and a schedule of appropriations and esti- mated tax levies, showing: : (1) Expenditures for current bien- nium; (2) funds available for appro- priations; (3) amounts needed during each year ensuing biennium for the different State agencies; (4) antici- pated revenues; (5) other informa- tion. TapuLtar ANALYSIS OF ALL State Bupenr Laws of State Budget Laws — (Continued) Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills 339 IX. Expenditure and control of appropriations 1919. Legislature meets biennially. § 6. The governor, as! chairman of the Budget Commission, must trans-| mit the budget to each house of the Legislature within ten days after the convening of the regular session. Copies of the budget are to be supplied to the press, each mem-| ber of the Legislature, executive officers, spend- jng agencies, and the public upon request. _ No provision for Mich- igan. No provision for Michi- gan. _ No provision for Mich- igan, April 24, 1915. Legislature meets biennially. §5. The Governor shall) No provisionsfor Minne-{ No provisions for Minne- lay the each branch of the Legis- lature, not later than February 1st. budget before]sota. sota, §§ 8 and 10. The income and revenue of all state agencies (two exceptions) shall be turned into the state treasury on the first of each month following the collection or receipt. § 9. No money shall be paid out of the state treas- ury to any spending agency except in pursuance of spe- cific appropriations made by law. ss 11 and 12. Emergency and other claims must be resented to the Board of tate Auditors for investi- gation and approval before payment by the State Treasurer. § 16. All continuing ap- propriations, except those authorized for capital out- lays, are repealed. No provisions for Minne- sota. §§ 8 and 9. Each depart- ment shall immediately, upon an appropriation for its support being made, pro- ceed to allot the sum so granted for the purposes set forth in the Budget. This allotment may subsequent- ly be changed, but the original allotment and all subsequent changes must be reported to the auditor, who keeps his accounts of expenditures by such heads. 340 Report or Reconstruction CoMMIssion Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates IM. Preparation of budget IV. Form and contents of budget State Board of Ex-| aminers, Composed of Governor, Secre- tary of State and Attorney-General. § 1. The Governor shall require the proper authorities of all agencies ex- pending money from the State to ibmit to him, at least forty days before the convening of the Legisla- ture, detailed estimates of proposed expenditures for the biennial period, together with explanations and changes as compared with previous appropriations. The estimates shall show in parallel columns: (1) Name of items; (2) appropriation for each year of current biennium; (3) appro- priation for each o1 two preceding years; (4) explanation of any in- crease; (5) estimated revenues; (6) amount of money actually spent dur-| ing the preceding biennial period. § 2, The Auditor of Public Ac- counts shall furnish the Governor} a statement of the income from all sources and disbursements for all purposes for each of the two preced- Ing years, together with a statement’ of the bonded and other indebted- neas of the State, with dates of ma- turity and other data necessary to § 2. The Governor, after the estimates have been submitted to him, shall confer with the officers of the various spending agencies and_ shall thereafter revise the| estimates in his dis- cretion. show the true condition of the State’s ances. § 2. The Governor, lshall prepare the budget and may have it printed at the expense of the State’s general print- ing fund. MISSISSIPPI — Chapter 225, Laws of 1918; approved § 3. The budget shall be properly summarized and shall give the com- parative estimates for the succeeding biennial period compared with the preceding biennial periods; also the amounts which he recommends com- pared with the amounts requested and amounts appropriated for pre- ceding biennial period, together with reasons for all recommendations and other important matters. MISSOURI. MONTANA — H. B. No. 364, Laws of 1919. Legislature meets biennially, §§ 2 and 9. Each agency requiring an appropriation from the State shall present estimates to the State Board of Examiners by November 15th of| the even years. § 3. Estimates shall be made by the heads or responsible officers of § 4. The State Board of Examiners shall proceed, upon receipt of the esti-| mates, to examine them for the purpose of determining the ity of the ap- except for the Judiciary shall be made by the clerk of the Supreme Court under| the direction of a chief justice. _§ 4. Estimate forms shall be fur- nished by the Auditor as approved by the State Board of Examiners, propriations so re- qui §§ 4, 5, and 6. The State Board of Ex- laminers shall pre- pare two -budgets, one for each of the ensuing fiscal years. § 5. Each budget shall be divided into two parts: L “Governmental Appropria- tions,” including estimates of appro- he|priations for: (1) General Assembly, (2) Executive Department, (3) Judi- cial Department, (4) to pay and disch the principal and interest of State debt, (5) salaries payable by State under Constitution and Laws, (6) public schools, (7) other purposes set forth in the Constitution, =, II. “General Appropriations, lincluding all other estimates, Each budget shall contain a complete plan of proposed expenditures and esti- mated revenues for the particular year to which it relates and shall show the estimated surplus or deficit of revenues at the end of such year. An aceempa ayy statement shall show: (1) The revenues and expendi- tures for each of two fiscal years next preceding, (2) balance sheet, (3) debts and funds, (4) explanations by the Board of Examiners. TasuLar ANALYSIS OF ALL State Bupeet Laws of State Budget Laws — (Continued) 341 Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations March 27, 1918, § 2. The budget shall be mailed by the Gov- ernor to each member of the Legislature, ten days prior to the convening of the session, and shall also be presented to the Legis- lature by the Governor on the first day of the ses- sion. The Governor shall also make pubtic before the first day of the session the total amount of ap- propriations included in the budget, the total] amount of appropriations for the preceding two year period, the amount of net increase, and the amount of the aggregate taxes and income of the State compared with the appropriations of each ear of the preceding| iennial period. (No budget law.) sippi. a Legislature meets biennially. No provisions for Missis- _ No provisions for Missis- sippi. _ No provisions for Missis- sippi. (Compare with Maryland Budget Amendment and Virginia Budget Law.) §§ 5 and 6. By the tenth day of each session the Board of Examiners shall deliver to the pre- siding officer of each house of the Legislature, the budgets for all the proposed appropriations, clearly itemized and clas- sified § 10. The State Board of Examiners shall have’ the budget printed for distribution to the mem-| bers of the Legislature and to all State agencics. § 6. The presiding officer § 6. The general appro- of each house shall prompt-|priation bill for the main- ly refer the budgets to the'tenance of the State gov- proper committees. § 7. The State Board of Examiners and representa- tives of spending agencies shall have the right, and when requested by either house of the Legislature, shall appear and be heard or answer questions with He to appropriation 1. ernment shall be based on| the budget, and the Legis- lature may amend by in- creasing or diminishing the items therein, except as it; affects either the obliga- tions of the State, or pay-' ment of salaries required under the Constitution and Laws. § 8. The Legislature shall mot consider other appro- priations until the general appropriation bill or_bud- get bill has been finally acted upon. § 9. If the general appro- priation bill has not been| finally acted upon before} the thirtieth day of the| legislative session, it shall then be considered to the} exclusion of all other bills until finally acted upon. lsuch appropriation and § 8. Every supplemen-| _ No provisions for Missis- sippi. No provisions for tary appropriation (1) shall] Montana, be embodied in a separate bill limited to a single pur- pose; (2) shall not become a law unless passed by a two- thirds vote of all members} of the Legislature. § 9. Each member of the Legislature introducing a) supplementary appropria- tion bill shall have the clerk transmit a copy to the State Board of Ex- aminers which shall make recommendations and sug- gestions in connection with| transmit the same to the committee to which the bill has been referred within five days from receipt thereof. 842 Report or Reconstruction ComMIssIon Chapter 3 — Comparative Tabulation Responsibility L Pre; . A Il. Review and . Pein as j paration and filing of we III. Preparation IV. Form and contents of eee estimates Truman et of budget budget NEBRASKA — Civil Administrative Code, Title II, Article II, Laws of 1919. Governor.......... § 1. Secretary of Finance, by Sep-j § 1. The Secretary} § 2. The Governor; § 2. The budget shall contain the tember 15th of the even numberedjof Finance may ap-|shall submit to theJamounts recommended by the Gov- years, shall distribute to all spending|prove, disapprove or|Legislature a budget|ernor to be appropriated to the sev- agencies estimate forms, such as helalter the estimates./for the biennialjeral spending agencies, the estimated may prescribe. He shall procure|He shall by Janu-|period. _ revenues from taxation and from information of revenues and expendi-lary 1st following the} sources other than taxation, and the tures for the two preceding fiscallelection of the Gov- estimated amount to be raised by years, the appropriations of the pre-jernor submit to the; taxation. Together with the bud- vious Legislature, the expenditures|Governor in writing get, the Governor shall transmit the therefrom, encumbrances thereon,|his estimates of rev-| estimates of receipts and expendi- a bered and and appropria- tures, as received by the Secretary of pended, and estimates of revenues|tions for the next Finance from the elective officers in and amounts needed by spending|biennium. the Executive and Judiciary Depart- agencies for the two years next suc- ments and from the University of ceeding. Each spending agency Nebraska. shall by November Ist file estimates and other information with the Secretary of Finance. . NEVADA — Chapter 45, Laws of 1919; approved March 10, 1919. Legislature Governor,......... § 1. Estimates required of all) §1.Governor may) §1.Governor shall) 8 1 The. budget shall embrace spending agencies in such form and|review by publiclprepare a budget. tes of appropriations at such time as the Governor may|hearings and revise|the total proposed re the Legislature, Executive De- prescribe, Lstimates of legislativejall estimates except|/expendiures of|partment, Judiciary Department, to needs are certified to by the Speaker|those of the Legisla-|which shall not ex-|pay principal and interest on State of each house. Governor receives all|ture, those providing|ceed the estimated|debt, salaries payable by State under estimates. for public debt obli-lrevenues of the Constitution and Laws, and for all gations, and those|State. other purposes. covering salaries and The budget shall contain a com- expenditures speci- plete plan of proposed espenilitanes fied in the Constitu-' and estimated revenues. An a tion and Laws. companying statement shall how revenues and expenditures for last two years, complete balance sheet, debts and funds, estimate of State’s financial condition at the ends of the fiscal years covered by budget, and explanations by the Governor. NEW HAMPSHIRE — Chapter 153, Laws of 1919; Governor.......... § 1. All spending agencies shall with the State Treasurer by Ist of the even years, estimates detail of the amounts needed for next two fiscal years. § 2. The shall Ist, to the the of § 4. The Gov- shall| recommenda- on the esti- No provisions for New Hampshire. TaspuLarR ANALYSIS OF ALL State Bupcetr Laws of State Budget Laws — (Continued) Y. Submission of budget and consolidated appropriation bill to Legislature VI. Sey Brecedure in Legislatur VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills 348 IX. Expenditure and control of appropriations Legislature meets biennially. § 2, The Governor shall submit the budget to the’ ture not later than February Ist. meets biennially. 1. The Governor shall deliv Legislature. er the budget and a ill of proposed appro- priations, clearly item- ised and classified, to the pam officer of each ouse within twenty days after the convening of the| braska. No provisions for Ne- (Compare with budget laws of No provisions For Ne- ka, bras Illinois and Idaho.) No provisions for braska, Ne- § 3. Each spending agency, before an appro- priation becomes available for expenditure, shall pre- pare and submit to the Department of Finance an estimate of the amount re- quired for each activity to be carried on and the ac- counts shall be kept and reports rendered showing the expenditures for each such purpose. (Compare with Budget Law of Utah and Maryland Budget Amendment.) § 1. The budget bill, or appropriation bill, must be introduced immediately upon receipt. The Gov- ernor may amend or supple- Legislature. ment the bill while in the! § 1. The Legislature may not alter the budget bill except to strike out or re- duce items, provided that public debt obligations shall not be reduced or elimi- nated, and salaries of public officers shall not be reduced during term of office. Neither house shall con- sider other appropriations, except for emergencies or'| the immediate expense of the Legislature, until the} budget bill has been finally’ acted upon. approved March 28, 1919. Legislature meets biennially. No provi for New; No provisions for New| No provisions for New § 4. The Governor- elect, either at the time of his inauguration or as soon thereafter as practi- cable, shall make recom-' mendations on the esti- mates to the Legislature. § 4. The Governor's recommendations shall be referred to the Committee on er pesuets. The Appropriation Obie shall report to! the Legislature one appro- priation bill, unless the Governor requests that appropriations be made in| separate bills. Hampshir § 1. Every supplemen- tary appropriation shall be embodied in a separate bill, limited to a single purpose! stated thereon, and shall not be valid if it exceeds the amounts available in the State treasury, except No provisions for Nevada it provides the revenue necessary to pay the ap-| propriation. Hampshire. pshire. 344 Revort oF Reconstevction ComMIssion Chapter 3 — Comparative Tabulation Responsibility L. Prey ‘ . TI. Review and ‘ Se eys gs . Preparation and filing of ey IE. Preparation TV. Form and contents of for Sue mn of estimates revaon @ of budget budget NEW JERSEY — Chapter 15, Laws of 1916, in effect Governor.......... §§ 2, 3, 4, 5, 6. Estimates pre] §8. Governor} §§8, 10,11. Gov-| § 8. The budget shall be in the pared by ‘all spending. agencies on \prescribed blanks, gi lists and trial balance, ant itemized shall review all esti- mates and deter- au and ernor shall prepare a summary of the form of a separate message to the Legislature, containing a summal to the Governor on October 15th. (As amended by chapters 221 and| 144, Lawa nies Rules 1 to 8, d to law, t or appropriations. He may con- duct hearings, sum- and classification and’ prescribe the form of the estimate sheets in detail. § 5. Each estimate must be sworn to by the administrative head or other designated officer of spending lagency making the same. § 7, Estimated revenues furnished Governor by Comptroller and Treas- jurer jointly. make in p of For this puree he| is allowed to name| two special assis-| tants and to call upon administrative! officers, event State. recommendations thereon, the total of which shall not ex- ceed the anticipated) f the esti and reports wil recommendations thereon, § 10. Budget message shall be in easily understood form. e| NEW MEXICO — 5. B. No. | 101, Laws 1919, repealing Ch Chapter 81 and Chapter 114, Laws §1. All spendin; agencies, 5 roent the Legislature ding Judicial D ment, shall prepare and mubuat tol the Governor by December 15th of the even years, estimates of their required appropriations. The esti- mates shall be itemized and in such form as the Governor may require. Estimates of Legislature, certified| by the presiding officer of each| house, and of Judicial Department, eertified by clerk of the Supreme Court of the State, shall be trans- mitted to the Governor within five} days after the convening of the Legislature. § 4. The State Treasurer or any, other officer is hereby required to furnish such information and assis- tance as the Governor shall require. SL. i. Governor part-|may review by pub- mates. He may re- vise all estimates, except the esti tion of the b § 2. Governor shall prepare a bud- lie hearings all esti-|get and shall submit it to the Legislature. § 4, In the prepa § ‘9. The budget shall contain & detailed statement of all anticipated revenues and a complete plan of proposed expenditures for the ensu- ing, Betuuel It sball contain the of the Legislature and Judicial Depart- ment and he may make recommenda- tions for changes in these. of the required by Auditor, it shall be the duty Traveling Auditor to prepare the necessary forms and collect all the Governor and State f all revised ae certified. It shall ms forth measures of taxation, if any, which the Governor may propose. Accompanying statements shall show a current balance sheet of the State and a comparison of the finan- |cial condition with the previous biennial period, actual revenues and a enditures in detail for the pre- g biennium, and such other caformation as may be necessary. The budget shall be in such form as - = readily analyzed and under- stood. of State Budget Laws — (Continued) TasuLar ANALYSIS OF ALL Starz Buperr Laws 345 VY. Submission of budget| and consolidated appropriation bill to ture VI. Budgetary procedure in 8 VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditures and control of appropriations October 1, 1916. Legislature meets biennially. § 9. Governor shall submit his budget to the Legislature on second Tuesday of January. § 10. Budget given such publicity as is deemed wise. § 12. The Governor’ may transmit eciall messages to the Pegise Isture requesting addi-| tional —_ appropriations after budget has been! submitted. No provisions for New No provisions for New ersey. of 1917. Legislature meets biennially. § 2. Governor shall § 3. Immediately upon submit the budget to the|submission of the budget Legislature by the fifth|the presiding officer of each day of the regular ses-|house shall refer same to the appropriate committee sion. § 2. The budget shalllfor its consideration in be printed and copies|drawing the necessary ap- furnished to the Legis-|propriation bill or bills. lature and State Auditor and § 2. Prior to final action given such other/thereon the budget may be publicity as the Gover-|amended or supplemented. nor may deem proper. § 3. During the consid- eration of any appropria- oo bill the Governor and ea ads of all Cepariminns, an of the State concerned may lbe heard by the Legisla- ture. §3. The Legislature shall mot consider any appropri-| ation until the budget shall Ihave been submitted by] the Governor. § 13. It is the intent of the budget law that there|drawn from the State shall be no supplemental,|treasury except by the gen- or Saat § 13, No money shall be Jjeral appropriation act. bills. § 15. Provides for trans- fers within appropriation of any organization unit by application to the State ‘House Commission, com- posed of the Governor, Comptroller and Treasurer. (As amended by chapter 290, Laws of 1918.) § 16. Governor has the power to investigate the revenues and income of spending agencies, which is not derived directly from the State treasury. (Compare with Maryland Budget Amendment). No provisions for New Mexico, No provisions for New ex100.. No provisions for New exico. 346 Report or Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility I. Preparation and filing of IL Review and | yyy, Preparation IV. Form and contents of for ee of estimates toro of budget budget NEW YORK — Legislative Law, Sections 26 to 32 (Chapter 130, Joint Legislative| § 30, subsec. 8. The State spending] § 29. The chairman] § 31. The Sen-| § 31. The budget shall Budget Committee.—| Composed of mem- bers of Senate Fi- nance and Assembly Ways and Means Committees. (The! Chairman of each Committee appoints} a clerk, a stenog- rapher and an ac- agencies shall through their proper| information or statements as may be| necessary for carrying into effect the| provisions of this article. State Fi- nance Law, §§ 48-49 (Chap. 149, Laws of 1910), By November 15th of each year all State spending agen- cies shall file with the Comptroller a detailed statement of all requests for opriations to be made at the to the Committees. The Committees continue during re- cess of the Legis- lature.) next legislative session. State Fi- nance Law, { 4, Subsec. 6 (Chap. 118, Laws of 1916). The Comp- troller shall prepare a report of ex- penditures for the first six months of the fiscal year. officers or deputies furnish such data,|B of the Joint Legislative udget Committee may name sub-commit- tees to perform such duties as they may pre- scribe in gathering in- formation relating to the financial needs of theseveral State spend- ing agencies. § 30. The clerks of the Joint Legislative! shall (1) compile in- formation and financial! data relating to the| State spending agen- cies; (2) prepare tables| of appropriations pre- viously made by the Legislature for the use of the Joint Budget Committee; (3) pro- cure statistics relating to the revenues of the| State; (4) make a rec- ord of all information concerning the budget; (5) investigate and re- port on requests for ap-| propriations; (6) aid| the Committee and the Legislature in making investigations pertain- ‘ing to enditure of| State funds; (7) assist in the preparation of the annual budget; (8) have access to the| offices of all spending agencies for the pur- pose of obtaining in- jformation as to their operation and their fi- nancial needs. State Finance Law, §§ 48-49 (Chap. 149, Laws of 1910), The Comptroller shall tabu- late the estimates to- gether with it d Budget Committee! and correspondence} \statement of the actual| expenditures made dur- ing the preceding year, the appropriations made for the preceding year, the appropria- tions desired for the coming year and the| estimated income of the State. ate Finance Com- mittee and_ the Assembly. Ways, and Means Com-| mittee, acting jointly or separ- ately shall annu- ally prepare a bud- get. (In practice they act jointly). § epenily the unit of organization under whose control or supervision the moneys appropriated shall be expended and the purpose for which appropriations are made, It shall contain a detailed estimate of the probable revenues of the State and an estimate of the amounts which it shall be necessary to raise by direct tax; also a state- ment containing such information as the committees may deem advisable to submit. TaBuLtar ANALYSIS OF ALL State Bupgetr Laws 347 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Laws of 1916) Approved April 5, 1916. Legislature meets State Finance Law, §§ 48-49 (Chap. 149, § 32. The appropriation| bill when reported, shall be laws of 1910). Thelreforred to the committee of Comptroller shall trans-|the whole of the Senate and mit the consolidated|advanced to the order of tabulation of estimates to|second reading in the As- the Governor by Decem-|sembly, and shall thus re~ ber 15th and to the Legis-main five full legislative lature on the opening dayjdays on each of which it of the session (in January|shall be the special order of of each year). e day. While the bill is| § 26. The Governor|being thus considered the shall annually within one|head of any spending agency week after the convening|may, and upon request by of the Legislature submit|the majority vote of either| to the Senate and Assem-|house, shall appear anditl bly a statement of the|shall be heard and answer total amount of appro-|questions pertaining to the| priations desired by each|bill. All meetings of either, State spending agency. house for the consideration and may at thesametimejof the appropriation bill make such suggestions for|shall be open to the public. reductions or additions thereto as he deems proper, Asa part of such statement he may also submit an estimate of the| robable revenues of the tate. State Finance Law, § 4, Subsec. 6 (Chap. 118. Laws of 1916). The Comptroller shall present to the Legislature by February Ist of each year a report of expenditures for the first six months of: the current fiscal year. §§ 31-32. The Legisla- tive Budget Committee’ shall, not later than March 15th, present to their respective houses with the budget a single bill providing the appro- priations contained in the budget. ‘ § 32. While the appro- priation bill is before the committee of the whole of the Senate or on the order of second reading of the! House it may be amended by introducing additional] items or by increasing, re- ducing or eliminating the items; but,on third reading] no amendment except to re- duce or eliminate an item shall be in order except by unanimous consent. When advanced to the order of third reading in either house the appropriation bill shall be a special order of the day for at least three full legislative days. No provisions for New No provisions for New York, 348 Report oF Reconstruction CoMMISsION Chapter 3 — Comparative Tabulation Responsibility for initiation of dget, I. Preparation and filing of estimates Il. Review and revision of estimates IU. Preparation of budget IV. Form and contents of budget Budget Commis-| sion.—Composed of the governor and the four chairmen of the committees on ap- propriations and on finance of the house} and of the senate. ‘|vided by law, both of which sh: ‘itemized in accordance with the Ist next. The tion desired. mates of General Assembly cert fied estimates of judiciary, as Commission’s budget classification. ber 1st furnish Budget Commission with (1) statement of balance to close of last preceding appropriation year, (2) statement of monthly ex- penditures and revenues from each| Srreoeneton account during last} preceding appropriation year, (3) statement of expenditures and reve- nues from each appropriation ac-| count for each of last two appropri- ation years, (4) complete balance} sheet for preceding fiscal year, (5) other statemente requested by Com-| State Budget Board. —Composed of Gov-|t ernor as chairman, State Auditor as Sec- Tetary, Attorney General and Chair- men of Senate and sta § 3. The State Auditor, not later han August Ist of each even year, shall provide estimate blanks. Heads of spending agencies, not later than October Ist, shall submit estimates of requirements to Auditor, with! its and data necessary to House Appropria- tions Committee of preceding Legisla- ture. (Board may employ necessary ac- countants, clerksand stenographers.) pre to 15th in the even years. explain fully the need and purpose of, each request. § 1. Every spending agency shall e estimates and submit them overnor on or before November § 2. The Auditor of the State shall| ibmit a report to the Governor on| several monthly revenues and expenditur (3) annual revenues and expenditures for last four fiscal yeara; (4) monthly average of expenditures. or before November 15th, in the even years, showing: ig (1) Balance to the credit of the| spending agencies; (2) es; § 3. By November 1st of the even-| numbered years the several spending agencies shall furnish the Budget Commission upon official blanks esti- mates in itemized form of the amounts needed for each year of the ensuing biennium, beginning April ommission shall! adopt uniform estimate blanks which clearly designate the informa- § 4. tate Auditor shall furnish the| Commission by November 1st esti- TO- ee presiding officer of each house,| jo i be| § 5. State Auditor shall by Novem- NORTH CAROLINA — § 7. Budget Com- mission shall, dur- ing November, pro- vide public hearings for review of all esti- mates. § 6. Budget Com- mission may require| additional informa- tion from di agencies not con- tained in estimates. 58 and 13. Budg- et Commission and its assistants by December 15th must have completed a careful survey of all spending _ agencies) which shall be a basis} for its recommenda- § 9. Budget Com- mission shall pre pare the budget for| the biennial period. tions to the Legis- credit of each spending agency at] lati ure. Chapter 38, Laws of 1919; § 9. Budget shall contain a com- plete and itemized plan of all pro- ‘posed expenditures for each state agency, classified by function, char- acter and object, also estimated rev- enues and borrowings for each year of the ensuing biennial period. = posite each item of pe expendi- tures the budget shall show in par- allel columns the amounts appropri- ated for each of the last two preced- ing appropriation years, and the in- crease or decrease. Aceompanyin the budget shall be () a statement 0 revenues and expenditures for each of the to preceding appropriation years, @) @ current balance sheet, (8) a debt and fund statement, (4) a statement of condition of treasury at beginning and end of the two appro- priation rae covered by the budget, (5) a balance sheet for state at lose of last preceding fiscal year, (6) gen- eral survey of state’s financial and natural resources, with a review of ‘its general economic, industrial and commercial conditi n. NORTH DAKOTA — Chapter 61, Laws of 1915; § 4. The Auditor, at the meeting of the Budget Board on the third Tuesday in No-| ‘vember, shall transmit the estimates of appro-| priations filed in his office. The Board shall thereupon exam-| ine such estimates, giv-| ing reasonable oppor- tunity for explanations, land holding _ public hearings whenever re- ted or upon its |purpose of examination and investigation. OHIO — §. B. No. 127, Laws of 1913; approved. own initiative. The minutes shall be open to public inspection. If considered advisable the Board or any mem- ber thereof may visit lany agency requesting an appropriation for the § 4. Governor may review estimates. § 3. Every State of-| Budget shall prepare esti- mates for the State’ budget. § 4. The State} Board| (In practice the| |budget is prepared! by a Budget Con-| ficer shall furnish any’ information desired by! the Governor. § 5. The Governor may appoint compe-} tent persons to exam- ine into affairs of var- ious State agencies. He may summon wit-| nesses and make ex- aminations, § 4. The estimates for a State budget shall include the amounts required for the maintenance of the State government for the ensuing bi- ennium with such recommendations, reasons and explanations as may be necessary, § 5. The estimates shall present requirements for interest and sii fund charges upon the basis of de- tailed statements which the Auditor ‘is required to furnish. § 6. There shall be included an estimate of revenues with such rec- ommendations as to the disposition thereof as may be thought advisable; and a statement of unexpended bal- ances in appropriation accounts with such recommendations regarding the disposition thereof as the Board may deem proper. No provisions for Ohio. TaBuLtar ANALYSIS OF aLL Stats Bupgret Laws of State Budget Laws — (Continued) 349 Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Legislature meets biennially. (Compare with Virginia budget law.) §§ 9 and 10. Budget § 11. The appropriation! i of the T Commission shall sub. mit to the presiding of- ficer of each house, within) five days after the begin- ning of the legislative ses- sion, printed copies of the budget, also a tentative appropriat on bill, known as “the budget bull,” clearly itemized and properly classified for bok of the ensuing ap- propriation years, approved March 3, § 4. The State Budget Board shall submit to the Legislature, not later than the tenth day of the session, the estimates for a State budget, accom- panied by the estimates filed with the Auditor, or copies of the same. egisla- ture must begin within five days after the budget is submitted to hold joint and open session to consider the budget. This joint com- mittee may require repre- sentatives of spending agen-| cies to appear before it and give information, and it may admit and hear persons interested in the timat The budget Commission, or its repre- sentative, shall have the right to sit at these public hearings and to be heard. No provisions for North Dakota. § 12. General Assembly’ may increase or decease] items in the budget bill. Further and special appro- priations, except in the case! of an emergency, can be considered and passed o after the budget bill has been finally acted upon. 1915. Legislature meets biennially. No provisions for North Dakota. May 6, 1913. Legislature meets biennially. § 4. Governor shall submit the budget to the General Assembly at the beginning of its session. No provision for Ohio..... No provision for Ohio..... ith bills passed by t ury. No provisions for North Dakota. No provision for Ohio..... 12, All supplementary special appeepnanin e Legisla- ture shall carry a special tax, levied in the bill, to ay the appropriation, un- nly|less the money to pay the same shall be in the treas- No provision for North Carolina. No provisions for North Dakota. The Emergency Board consisting of the Governor, Auditor of State, Attorney- General and Chairman of the Legislative Finance Committees shall, in case of an emergency requiring the expenditure of a greater amount than has been ap- propriated by the Legisla- ture for a spending agency, upon ‘application by such spending agency, authorize the expenditure of money not specifically provided for by law. (Gen. Code 1910, Title VIU, Ch. 1, Sees. 2312, 2313.) 350 Rerort or Reconstruction CoMMISSION ' Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I, Preparation and filing of estimates Il. Review and revision of estimates I. Preparation of budget IV. Form and contents of budget Governor Governor § 1. Estimates shall be made by all spending agencies upon official esti- mate blanks and submitted to the Governor by November Ist of the even years. Estimate blanks fur- ished by Governor shall be uniform and shall clearly designate the infor- mation desired. Estimates are re- quired in itemized form showing amount needed for each year of en-| suing financial period, beginni § 4. Governor may| require additional in- formation from spend-| ing agencies which is not contained in esti- mates. § 5. Governor shall during November pro- vide public hearings for review of all esti- July ist. § 2. State Auditor shall furnish Governor by December Ist, estimates of legislative needs, certified by pre- siding officer of each House, also es-| timates of Judiciary, as provided by Jaw, both of which sha!l be itemized in accordance with the Governor's budget classification. § 3. State Auditor shall, on No- vember 1st, furnish Governor with (1) statement of balance to credit of each spending agency at end of last preceding appropriation year; (2) statement of monthly expenditures and revenues from each appropria- tion account during last preceding! appropriation year; (3) statement of annual expenditures in each appro- priation account and revenues from all sources for each of last two ap-| propriation years; (4) complete bal- ance sheet for preceding fiscal year ending June 30th; (5) other state- ments required by Governor. shall by November 15th of even years file with the Secretary of State estimates of their required appropri-| lations, together with estimates of their probable revenues properly classified and with appropriate sum- of State. § 2. The estimates shall be classi-| fied as follows: (1) Current ex- penditures, including salaries and ‘wages, subdivided to show number, employed and compensation, pro-| posed increases, decreases and new positions; (2) permanent improve- ments, as new buildings; (3) all other| expenditures as Zaplaneinen' ss Te- pairs, material and supplies; (4) § 3. A statement of all claims which require action by the Legisla- ture shall be filed with the Secretary, of State in the same manner as the estimates. § 8. All estimates, reports and statements shall be public records. § 7. By December 15th the Secre- tary of State shall make a tabulation! of the estimates for the Governor and the Legislature. The tabulation shall show the sev- eral amounts requested, together with a brief description of these amounts and reasons therefor in detail for each spending agency. Accompanying the tabulation shall be a table of comparative data, and estimates of income, together with §§ 1,4 and 5, Allspending agencies] tmaries as prescribed by the Secretary} mates, §§ 6 and 11. Gover- nor and his assistants by December Ist, bi-en- nially, must have com- pleted a careful survey of ali spending agen- cies which shall be a basis for his recom- mendations. § 2. Governor may revise all estimates ex- cept those of the Legis- lature and the Judic- iary. § 6. The Secretary of State may require from all spending agencies' such additional infor-| mation as May neces- sary for the compila- tion of the estimates . such explanations as may k neces- gary. OKLAHOMA — House Bill No. 88, Laws of 1919 § 7. Governor ; approved March 18, 1919 ., 8% The budget shall contain an shall prepare a budget for the bi- ennial period. § 7. The Gover- nor shall make rec- ommendations on the estimates. itemized plan of all proposed expend- itures for each state agency, classified by function, character and object, also estimated revenues and borrow- ings for each year of the ensuing bi- ennial period. Opposite each item of proposed expenditures the budget shall show in parallel columns, the amounts appropriated for each of the last two preceding appropriation years, and the increase or decrease. Accompanying the budget shall be (1) a statement of revenues and ex- {penditures for each of the two pre- ceding appropriation years, (2) a current balance statement, (3) a debt and fund statement, (4) a statement of condition of the Treasury at the beginning and end of the two appro- priation years covered by the budget, (5) a balance sheet for the State at close of last preceding fiscal year ending June 30th, (6) a general sur- vey of the State's financial and natural resources with a review of its general economic, industrial and commercial condition, us) 24d OREGON — Chapter 284, Laws of No provisions for Oregon. TasuLar ANALYSIS OF ALL Stare Bupeer Laws of State Budget Laws — (Continued) 351 , Subm ssion of budget} or ‘ : al consolidated VI. Budgetary procedure be a VIIL. Supplementary IX. Expenditure and snpropnation fall an eeeaare appropriation bill appropriation bills control of appropriations Legislature meets biennially. (Compare with Budget Law of Virginia.) §§ 7 and 8. The Gover- nor shall submit to the residing officer of each House, within five days after the beginning of the Legislative session, rinted copies 0 udget and copies. of a tentative appropriation bill, clearly itemized and properly classified, for each of the ensuing fiscal years. 1913. Legislature § 7, The Governor at the beginning of the legislative session shall transmit the tabulation of estimates to the mem- bers of the Legislature with such recommenda- tions as he may deem proper. He may at any time call on the Secretary of State for further in- formation. f the _§ 9. Standing Appropria- tion Committees of the \Legislature must begin within five days after the receipt of the budget to hold joint and open sessions on same, tee may require representa- tives of spending agencies to appear before it and give information. It may also admit and hear all persons interested in the estimates. The Governor, or his repre- sentative, and the Gover- nor-elect have the right to sit at these public hearings and to be heard. meets biennially. No provisions for Oregon. . This joint commit-| _ §10. The Legislature may increase or decrease items in the budget bill. Further and special appropriations fexcept in the case of an emergency can be made only after the budget bill has been finally acted upon . No provisions for Oregon. . § 10. All appropriation bills originating in the Leg- islature must conform to the budget classification. No provisions for Oregon. . No provisions for, Okla- homa. No provisions for Oregon 352 Report oF Reconstruction ComMIssIon Chapter 3 — Comparative Tabulation bilit; II. Revi d « frp ° “4 ve L ar ae filing of revision of ae Iv. Kenna contents of PENNSYLVANIA — RHODE ISLAND — SOUTH CAROLINA — No. 130, Laws of 1919, approved March 5, 1919, Governor........+- § 1, Estimates shall be made by all} § 5. The Governor| § 10. The Gov-] § 7. The budget shall contain a ’ SOUTH DAKOTA — Chapter 354, Laws of 1917, as amended by S. B. No. § 4. The State: than August 1st of even years, shall|the meeting of the Bud-|Budget State Budget Board — Composed of Governor-elect as Chairman, f ag Secretary, Chair- man of Tax Con-| mission (appointed| by Governor), the Chairmen of the Senate and House Appropriation Com- tmittees of the pre- ceding legislature, and two members of the preceding legis- lature chosen by the’ Governor from the two houses. Board may employ expert accountants, clerks and, stenographers. Auditor| November Ist, annually. blanks furnished b: beginning January Ist. iary as provided cation. appro, other Governor. § 3. The State Auditor, not later provide estimate blanks. Heads of of requirements to Auditor, each request. §3. The Comptroller General shall|from spending agen-| by November Ist furnish the Gov-|cies. ernor with (1) statement of balance to credit of each spending agency at/Governor and his as- end of last preceding appropriation|sistants by November year; (2) statement of monthly ex-|ist of each year shall’ penditures and revenues from each|have completed a care- tiation account during last|ful survey of all spend- preceding appropriation year; (3)|ing agencies through statement of annual expendituresand|which he shall be in jrevenues from each appropriation ac-/possession of the work- count for each of last two appropria-|ing knowledge upon tion years; (4) complete balance|which to base his sheet for preceding fiscal year; (5)|}ommendations to the' statements requested by|General Assembly. d join with him in|ment. § 4. The Governor information not con-| tained in the estimates §§ 6 and 10. The rec- 2. The Governor may revise all esti- mates except those of the General Assembly and the Judiciary, but he may make recom- mendations on these. § 10. The Governor shall call upon the Tax Commission for any in- formation desired by him with reference to| the estimates. § 4. The Auditor at is office, upon examine such esti- mates, giving reason- able opportunity for’ explanations and hold- ing public hearings' whenever requested or upon its own initiative. The roinutes shall be open to public inspec- tion, If considered ad- visable the Board or any member thereof may visit any agency requesting an appro- priation for the pur- pose of examination’ and investigation. spending agencies to the Governor|shall during November|ernor shall be the;complete and itemized plan of all pro- upon official estimate blanks by|provide public hearings| chief budget officer;posed expenditures for each Estimatelfor review of all esti-|of the State. yy the Governor|mates and the Chair- tate agency, classified by function, char- § 7. The Gov-jacter and object, also estimated shall be uniform and clearly designate/men of the House Ways|ernor shall prepare|revenues and borrowings for the en- the information desired. Estimates|and Means Committee/a budget, the rec-|suing fiscal y are required in itemized form show-jand of the Senate Fi-jommendations of|January Ist. Opposite each item of ing the amounts needed for the year|nance Committee shall|which are based|proposed expenditures the budget sit with the Governorjon his own conclu-|shall show in separate parallel col- § 2 The Comptroller General shalllat such public hearings|/sions and judg-|umns the amount appropriated for furnish the Governor by December|an 1st estimates of General Assembly|all reports and recom- certified by the presiding officer of|mendations thereon to each house, also estimates of Judic-|the General Assembly. by law, both of which shall be itemized in accordance may require additional with the Governor's budget classifi- year, beginning with the last preceding appropriation year, for the current appropriation year and the increase or decrease, Accompanying the budget shall be (1) a statement of revenues and ex- penditures for each of the two pre- ceding appropriation years; (2) a current balance statement; (3) a debt and fund statement; (4) a statement of condition of the Treasury at the beginning and end of the appropria- tion year covered by the budget; (5) a balance sheet for State at close of last preceding fiscal year; (6) a gen- eral survey of State's financial and natural resources with a review of the general economic, industrial and |commercial condition. | 139, Laws 1919; approved § 4. The estimates for a State bud- Board|get shall include the amounts re- get Board on the third]shall prepare esti-|quired for the maintenance of the spending agencies, not later than|Tuesday in November, mates for State]State government for the ensuing bi- October Ist, shall submit estimates|shall transmit the esti-|budget. with)mates of appropria- statements and data necessary to ex-|tions filed in plain fully the needs and purpose of|The Board shall there- ennium, with such recommendations, reasons and inspections as may be necessary. § 5. The estimates shall present re- quirements for interest and sinking fund charges upon the basis of reporta which the Auditor is required to furnish. § 6. There shall be included an estimate of revenues with such recommendations as to the disposi- tion thereof as may be thought de- sirable; and a statement of unex- pended appropriations and balances with such recommendations as to the disposition thereof as the Board may deem appropriate. Tasutar ANALYSIS OF ALL Strate Buperr Laws of State Budget Laws — (Continued) 353 V. Submission of budget] VII. Legislati and consolidated VI. Budgetary procedure a consolidate aa VIII. Supplementary IX. Expenditure and appro nts in Legislature appropriation bill appropriation bills control of appropriations 1 (No Budget Law.) (No Budget Law.) Legislature meets annually. § 7. The Governor shall submit to the pre- (Compare with Virginia Budget Law.) § 8. The standing appro-| § 9. The General Assem-| § 9. All appropriation priation committees of the/bly may increase or de-\bills originating in the Leg- siding officer of each|Legislatureshall begin with-jcrease items in the budgetlislature must conform to House within five days|in five days after the bud-|bill. the Governor's budget after the beginning of the|get is submitted by the Gov-| classification. legislative seasion printed|ernor to consider it in joint copies of the budget. and open sessions. This joint committee may re- quire representatives of spending agencies to appear before the committee and give information and it may admit and hear all persons jinterested in the estimates. The Governor or his repre- sentatives and the Gover- nor-elect shall have the right to sit at these public hearings and to be heard. §10. The State Tax Com- mission shall be present at all hearings, before the joint committee of the Leg- islature acting on appropria- tions. No provisions for South Carolina. March 10, 1917. Legislature meets biennially. (Compare with Budget Law of North Dakota.) § 4. The State Budget Board shall submit to the Legislature, not later than the fifteenth day of the Session, the estimates for a State budget, accom-| panied by the estimates Filed with the Auditor, or copies of the same. No provisions for North No provisions for North jakota. akota. No provisions for North Dakota. No provisions for North Dakota. 354 Report or Reconstruction ComMMIssion Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and Tevision of estimates TIL Preparation of budget IV. Form and contents of budget State Budget Com-| Se iC 7 § 2. Each acne serene | - except ar dali of Governor as Chair- man, Comptroller, Treagurer, and Sec- retary of State (alll and institutions shall file vinates| with the Commission not later than December first of even years, T § 4, The Commission] § 4. The Com- ion shal] com: TENNESSEE —Chapter 139, Laws of 1917; appoved § 6. abe budget shall include, in ddition to the of the var- is required to make bi- jennial and field survey’ of Si agencies whit pile a tentative! budget and pre- pare tive estimates shall a in detail the ip y | October Ist, jsummaries show-| ing revenues and elected by Legisla- req §9, The C ture) and Ai t or improvements and thelis authorized to require| (appointed by Gov- probable Tevenues from all sources information from all ernor). (C issi ‘ing the and may provide neces- sary clerical assist- ants.) the revenues and cxpenctiteres for the current biennial period; all ar- das the C ion may pre- scribe, § 3. The Comptroller, by Decem- ber 1st biennially, shall furnish the Governor (1) a statement of balance! to credit of each spending agency, except educational boards and insti- tutions, at the end of the last fiscal|i year; (2) a statement of the monthly, expenditures and revenues from each appropriation account during the’ last fiscal year; (3) a statement of itures and r es of each appropriation account for each of last two fiscal years; (4) a state-| ment showing the monthly average| of expenditures from each appropria- ‘tion account for last fiscal year. § 14. All persons having claims; eae ‘the State, which require leg-| islative action, shall file statements with the Comptroller showing the {amounts and the facts on which they are based, State Board of Con-" trol,—Composed of three citizens ap-| pointed by the gov-| ernor with the sen-| ate’s approval for| overlapping terms of six years, one being appointed every two years. to conduct examina- tions without notice} and to compel the at- tendance and testi- mony of witnesses and| the production of books| land papers. § 5. The Commission| shall hold public hear- ings on estimates and| may require the at- tendance of State offi- cers and employees, who shall have the| right to be heard upon their estimates. The ‘Commission shall in- vite the Governor-elect and the meml of the Legislature to sit with it at hearings on the estimates. It shall furnish all the reports| to the Governor-elect. ‘The Commission may! revise the estimates ac- cording to its judg- ment. bered y required suing biennium, mnay require, § 8. It is the duty of the head of each state spending agency to sub- mit to the State Board of Control by September 15th of the even-num- ears itemized estimates of| appropriations for the en- also an itemized account of expenses for the preceding, two years in such form as the Board 8. Upon receipt gate and consider the same by _ hearings and by information obtained from every available source. expenditures, rea- sons for increases| or decreases, defi- nitions of func- tions and any sug- gestions designed to improve effi- ciency of service. ious spending agencies for the ensu- ing biennium, an estimate for emer- gency purposes. It shall be accom- panied by the original estimates sub- ‘mitted to the Commission and the financial statement received by the Comptroller in forms suitable for comparigon. TEXAS — § § 8. It shall be the of the estimates it|duty of the Board to shall be the duty of|make up a the Board to investi-|for the Legislature. Chapter 167, Laws of 1919. No provision for Texas. budget} TasuLaR ANALYSIS oF aLL State Bupert Laws 355 of State Budget Laws — (Continued) YV. Submission of budget! rae F and consolidated VI. Budgetary procedure VE, Tecalatiye action VIII. Supplementary IX. Expenditure and apprapriotion | og in Legislature appropriation bill appropriation bills control of appropriations April 6, 1917. Legislature meets biennially. 5.6. h n of the The Governor, as § 6. The Budget Com- before the sion, shall Tata a budget to the Legislature upon its convening in| regular session (in Janu-| He| may submit such recom- mendations as to appro- priations as he may deem ary of odd years). proper, § 5. A printed copy of the budget shall be fur- nished to each member of the Legislature, not later than January 15th. action by the Legislature, may amend or supplement the budget. § 10. The committees of the Legislature having charge of appropriation measures, shall consider the budget in joint public ses- sions, at which all inter- ested parties, including representatives of the preas and of citizen organizations may appear and be heard. At these public hearings the Budget Commission shall have the right to sit and to be heard on all mat- ters coming before the joint committee. Legislature meets biennially. § 8. The budget shall be printed by December 1st and copies shall be mailed to each person who will be a member of ire next legislature, to head er ant and to the of spending agen-| oiee, also to each county e, to each incorpor-| ank of the state, aed to the public upon request. There shall be delivered to the presid- ing officer of each house| a sufficient number of copies for the use of the members of the legisla- ture during the session. No provision for Texas. No provision for Texas. No provisions for Ten- nessee, nessee. No provision for Texas. No provisions for Ten- § 6. The appropriations for emergency _ purposes shall be expended under the supervision of the Bud- get Commission, who shall jcertify to the Treasurer and Comptroller all emer gency claims. § 7. No money shall be drawn from any fund in the State treasury in excess of the amount appropriated to a spending agency by the Legislature. § 8. Transfer of appro- priations may be made by application to the Budget Commission on the part of the spending agency. § 11. All unexpended balances at the end of each jbiennium shall be reappro- priated for the perio one month after June 30th and the unexpended bal- ance thereof shall, at the end of such time, revert to the State treasury. All revenue received by State agencies shall be paid into the State treasury by the first Monday of each month and a detailed state- ment filed with the State Auditor. § 12. The fiscal year shall begin on July Ist and end on i 30th of the suc- lc year. § 1B Eye State spend- ing agency, except educa- tional boards and institu- tions shall keep books showing in detail all re- ceipts and disbursements and shall keep on file a duplicate of every voucher certified for payment by the Comptroller. § 15. All appropriations made for the various state agencies placed under the Board of Control shall be available for expenditure in such manner as the Board shall determine. (This ‘Board has control over state printing and pur- chasing.) 356 Rzrort or Reconsreuction Commission Chapter 3 — Comparative Tabulation Responsibility L Pre . ‘ TI. Review and . Fatrenieey . Preparation and filing of et III. Preparation IV. Form and contents of for ari of estimates ne of budget udget UTAH — Chapter 15, Laws 1917, in effect May 8, 1917. Legislature Governor..........] § 1. Estimates are of 1. Governor 1. Governor} § 1. Budget shall embrace item- spending agencies in form by public | prepare ajlized estimates of appropriations for at such times as the all estimates get, the totallthe Legislature, Executive Depart. {presoribe. Estimate of revise all pos pendi-ment, Judiciary Department, pay needs are certified to by the except those 1s of which/principal and interest of State debt, lof each house. Governor I not disalaries payable by State under con- eatimates. estimated rev-|stitution and laws, and for all other es of the State.|purposes. § 1. Budget shall contain a com- plete plan of proposed eeyennes and estimated revenues. accom- lpanying statement shall show rev- enues and expenditures for past two years, complete balance sheet, debts and funds, estimate of State's finan- cial condition at the ends of the fiscal years covered by the budget, and explanations by the Governor, VERMONT — No. 26, Laws of 1915; approved Committee on Bud-| § 2. Each State agency requiring] § 7. The committee] § 9. The com-] § 9. The committee shall prepare a get.— Composed offappropriations shall file with the|without notice may at}mi luring No-|stat it showing the revenues of the Governor asjsecretary of the committee in Oc-|any time visit andlvember shall pre-|the State for the current biennial chairman, Auditorjtober of each even year upon forms|examine the files of any|pare a budget. fiscal period to date and the next as secretary, Treas-{prepared and furnished by the com-lagency expending two preceding biennial fiscal periods, urer, Commissioner|mittee, statements showing in detail] State funds for the pur- and the sources from which such rev- of Agriculture (ap-jthe amounts appropriated and ex-|pose of ascertaining, enues were derived; also a statement pointed by Gover-|pended for the current biennial fiscallhow funds are ex- lof the expenditure of each State nor), Director of{period to date and the two next pre-|pended. lagency for the current biennial fiscal 8 Institutionsjceding biennial fiscal periods; also| § 8. The committee period to date and the next two pre- (appointed by Gov-jthe amounts required for the ensuing|shall examine all re- ceding biennial fiscal periods, in such ernor), a member, appointed biennially} by Governor, chair-| men of the Senate Finance ‘and Housey Ways and Meang| committees, and chairman of theSen-| ate and House appro- priation committees. (As amended by NoJ 32, Laws of 1917) adding mombera of} Board of Control and} appointed by Gov- ernor, formerly al member). biennial | period. Such state- ments shall be arranged in proper manner in detail by classification and by proper summaries as the commit tee may require. | § 3. The estimates shall show the moneys required for the support, maintenance, extension or improve- ment of the several State agencies under the following heads as nearly! as may be: (1) Salaries and wages, subdivided to show the number em- ployed, compensation, proposed in- crease or decrease, or new positions; las. replacements, repairs and sup- plies; (4) contingencies. The com-' imittee may at any time require fur- ther detail, itemization or explana- tien as to requests. § 4. The secretary shall receive and| file.a statement of any desired appro- priation which shall be presented to him during October of each even year by any individual corporation, asao- ciation or institution intending to present such request to the next ses- sion of the Legislature. § 5, All claims against the State requiring acton by the Legislature shall be filed with the secretary of| mS @ No State hall apply }. No agency shall apply to the Legislature for any Abpeopriation unless the request for same has been| {filed with the seoretary of the com- imittee, and unless the need for such| Irequest. has arisen subsequent to| November lat. ie) peranen improvements, as new| dings; (3) all other expenditures|of quests fot appropria- tions, for the allowance of claims and may hold| such hearings, either public or private, thereon as it may advisabl le. § 10. The committee] shall have the power to revise all estimates ae ing, dimin- is! or ti the sums asked for; but shall include in its budget the substance} of such requests and the reasons for its action thereon. manner and in such form as to facili- tate comparison. § 10. The committee shall make an estimate of the revenues of the State to be received during the bien- nial fiscal period, with an itemized statement of the sources thereof and shall ascertain and report the amounts of all unexpended balances under appropriations _ heretofore made and shall prepare an estimate or budget of the amounts to be appro- priated for the biennial fiscal period next ensuing. Such budget shall be prepared with sufficient detail to show the aggregate gum and the ‘items thereof estimated to be neces- sary for the maintenance and support of each agency. TapuLaR ANALYSIS OF ALL State Bupest Laws 357 of State Budget Laws — (Continued) Y. Submission of budget| and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative ad VIII. Supplementary x pepenaitae and ae appropriation bills control of appropriations meets biennially. The Governor (Compare with Maryland Budget Amendment.) § 1. The budget bill, or § 1. shall deliver the Dievel epprcjnaten bill must be! and a bill of eee appropriations, _ clear! itemized and classified to the presiding officer of each house within twenty days after the convening] of the Legislature. introduced immediately Jupon receipt. The Gover- Legislature. nor may amend or supple-|debt obligations shall not|stated therein; and shall ment the bill while in the/be reduced or eliminated aot be valid if it exceeds} §1. Legislature may not) § 1. Every supplemen- No provisions for Utah. alter the budget bill except: eer eee ene oe shall be| to strike out or reducelembodied in a separate bill, items, provided that public|limited to a single purpose | and salaries of public offi-|the amount available in the cers shall not be reduced|State treasury, except it) during term of office. provide the revenue neces-| § 1. Neither house shall{sary to pay the appropria-| consider other appropria-|tion. tions except for emergen- cies or the immediate ex- pense of the Legislature, until the budget bill has been finally acted upon. March 6,1916. Legislature meets biennially. § 11, The committee shall forward a printed copy of its budget to each member-elect of the Gen- eral Assembly before De- cember 10th of each even year and also forward at} least one copy to the clerk of each town in the Btate. § 12. Upon the conven- ing of the General Assem- bly (in January of odd years) the newly formed committee on budget | § 12. Immediately after |the time limit by the Gen- eral Assembly for the intro-| duction of bills, the com- mittee on budget shall pre- pare a statement showing a |schedule of all amounts con- |templated to be appropria- ted by the various bills in- |troduced to that date, together with the recom- mendations of the commit- tee as to the advisability thereof and the same shall be a revised, consolidated No provisions for Vermont.) § 12. All member bills _§ 13, Every six months of shall be included in theloftener, if requested by the budget bill Governor, the Committee on Budget shall examine the financial condition of all departmenta and institu tions with a view to economy and efficiency. _ § 14. The committee is jalso authorized to make provision for emergencies, all emergency grants being reported to the Auditor and luded in the budget for the. ao biennial fiscal shall receive the stat ments and estimates from’ the old committee on budget and upon exami- nation of the same shall make such further re- vision as it shall deem advisable. 4 t. Upon disposal of guch appropriations, such of them as have been passed shall be added to the con- solidated statement, and| the committee shall draft such consolidated state- ment as a bill, which shall be presented to the General A bly for its id tion, revision and ultimate} passage as the budget bill, land which shall contain all the expenditures of the State in all its departments during the ensuing biennial fiscal period, 358 Rerort or Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility I. Preparation and filing of TL. Reviewand | 17 preparati : Sponsit if .t . Preparation IV. Form and contents of for ie of estimates peo of budget udget VIRGINIA — Chapter 64, Laws 1918. Approved February 19, Governor,.....---. § 1. Estimates shall be made by] § 5. Governor shall,)_ § 7. Governor| § 7. Budget shall contain a com- State Board of Finance.—_Consist- ng of Governor, State Treasurer and State Auditor. all spending agencies to the Gov- ernor upon official estimate blanks by November 1st of odd numbered| years. Estimate blanks furnished! by Governor shall be uniform and| sball clearly designate information| desired. Estimates are required in| during November, pro- vide public _hearings| for review of all esti- mates. § 4, Governor may lrequire additional in-| formation from spend- form needed for each year of ‘ensuing bien- nial period beginning March Ist. § 2. Auditor of Public A ing ager not con-| tained in estimates. §§ 6 and 11. Gover- ts|nor and shall furnish Governor by December 1st estimates of General Assembly, certified by presiding officer of each house, also estimates of judiciary, as provided by law, both of which shall be itemized in accordance with the Governor's budget classification. § 3. Auditor of Public Accounts! shall on November 1st furnish Gov-| ernor with (1) statement of balance to credit of each spending agency at| the end of last preceding appropria- tion year, (2) statement of monthly expenditures and r from each appropriation account during last’ preceding appropriation year, (3) jstatement of annual expenditures and revenues from each appropria- tion account for each of last two ap- propriation years, (4) complete bal- - Jance sheet for preceding fiscal year| ending. September 30th, (5) other Istatements requested by Governor. by December Ist, bien- nially, must have com- ered a el survey, of all spending agencies| which shall be a basis for his recommenda- tions. § 2. Governor may revise all estimates ex- cept those of the Gen-| eral Assembly and the Judiciary, shall prepare @ budget for the bi- ennial period. plete and itemized plan of all pro- posed expenditures for each State jagency, classified by function, char- acter and object, also estimated revenues and borrowings for each year of the ensuing biennial period. Opposite each item of proposed expenditures the budget shall show in parallel columns the amounta appropriated for each of the last two preceding appropriation years, and the increase or decrease. Accom- panying the budget shall be (1) a statement of revenues and expendi- tures for each of the two preceding lappropriation years, (2) a current balance statement, (3) a debt and fund statement, (4) a statement of condition of the treasury at the beginning and end of the two appro- priation years covered by the budget, (5) a balance sheet for State at close of last preceding fiscal year ending September 30th, (6) general survey of State’s financial and natural resources, with a review of its gen- eral economic, industrial and com- mercial condition. WASHINGTON — Chapter 126, Laws of 1915. Approved March, § 1. State spending agencies, not later than October 15th of even years, shall submit to the State Board of Finance on forms pre- scribed and according to the classi-| tor, estimates showing in detail the lamounts required for the ensuing {biennial period. § 2, The Auditor shall assemble! the estimates and shall, oppositel each request, have the amount of fication adopted by the State Audi-|State. § 3. The Board shall be authorized to re- quire information as to) the affairs of any § 2. The Board § 2. The Board of Finance shall of Finance shalljmake such recommendations as it make budget rec-|may deem proper on the Auditor's which spending agency of the! tate. § 5, The Board may make —_ investigations| and inspections of any spending agency and| compel the attendance of witnesses and the duction of books appropriation made for the biennium, the amount expended, to and including September 30th; and| also prepare a statement showing the revenues of the State for the| biennium ended on that day, and the estimated receipts for the next} fiscal biennium. is statement and records. shall be submitted to the Board of nee. be known as the State budget. TaButar ANALYSIS oF ati State Bupart Laws of State Budget Laws — (Continued) 359 Y. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations 1918. Legislature §§ 7 and 8. The Gov- ernor shall submit to the residing officer of each boass, within five. days after the beginning of the’ legislative session, print- ed copies of the budget, a tentative appro- priation bill, clearly item- ised and properly classi- fied for each of the ensu- ng appropriation years. meets biennially. § 9. The standing appro- priation committees of the Legislature must begin| within five days after the budget is submitted to hold joint and open sessions on the budget. This joint committee may require representatives of spending agencies to appear before it and give information, and it may admit and hear all persons interested in the estimates. | Governor, or his representative, and the Governor-elect shall have' the right to sit at these public hearings and to be heard. 7, 1915. Legislature meets biennially. § 4. The Board shall cause printed copies of|ingt the budget to be mailed| to each member of the Legislature at least fif- teen days before the regular session; and upon the convening of the islature it shall form- ally submit the budget. |. No provisions for Wash- on. § 10. General Assembly; may increase or decrease items in the budget bill. § 10. Further and special appropriations, except in the case of an emergency, can be made only after the! budget bill has been finally acted upon. § 10. All appropriation bills originating in the Legislature must conform to the Governor's budget classification. No provisions for Wash- ington. No provisions for Wash- ington. _No provisions for Vir- ginia. No provisions for Wash- ington. 360 Report or Reconstruction CoMMIssion Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates Tl. Review and revision of III. Preparation estimates budget of IV. Form and contents of budget WEST VIRGINIA — Amendment to Section 51, Art. 6 of Constitution, ratified November Works. — Ci Subsec. D, 2. coe are re- diquired to be made by all spending! of Corer ers Secre-|a tary of State, Audi- tor, ena At- torney General, Sup- erintendent of Schools and Com- missioner of Agri- culture. (All are elective officers.) WISCONSIN — Chapter 728, Laws of 1913. Approved July 31, 1913. State Board of Pub- lic A ffairs.—Consist-| ing of Governor as| chairman, Secretary of State, President Pro tem. of Senate, Speaker of House,| chairman of Senate! and Assembly finan- ee committees, and, three members _ap- pointed by the Gov. ernor and confirmed by the Senate sub- ject to removal by the Governor. (Board employs sec- retary and such other help as neces- sary). agencies to the Board of Public Works at such time and in such Estimates of| the Legislature are certified by the presiding officer of each house, those] j of Judiciary by Auditor, and those; of public schools as provided by law. form as it may direct. Subsec. D, 2. The] Subsec. D, 2. may review and revise,|lic Works si estimates except those of ne arene and judiciary de, ents and of the public schools, cal years. § 15. 12, The State Board of Public) § 15. 12. The board) § 15, 12. The Affairs shall furnish estimate blanks|shall cause the esti-lboard shall pre- to each publie body, aoe later than|mates to be compiled|pare a budget. July 1st. Each public body, not|forthwith and reviewed) later than September Ist, shall pre- through such field ex- sent to the board its esti for the! interviews ensuing biennium. or correspondence as may be necessary to| obtain full information. 1 The board as a whole, 10th and December Ist shall consider and re- view the results of the tions, together with the| tions. The eam elect shall have the right, to attend review! meetings, personally or| through a representa-| tive, and to receive all reports and informa- tion sent to members of the board. Subsec, B, 2 and 3, Each budget Board of Publie Works|The Board of Pub, shall be divided into two by public hearings, all|prepare two bud- gets, one for each| of the ensuing fis- I. “ Governmental Appropriations,” including estimates of appropriations for (1) Legisla Ung es peur Department; (3) Ju ment; (4) to pay sag dn principal and interest of Sta‘ te debt; (5) salaries payable by State under constitution and law; (6) public schools; (7) other purposes set forth in constitution and laws. II. “ Gen- eral Appropriations,” including all other estimates, Subsec. B, 1, Each budget shall contain a complete plan of proposed expenditures and estimated rev- enues for the particular fiscal year to which it relates and shall show the estimated surplus or deficit of jrevenues at the end of such year. An accompanying statement shall show: (1) Revenues and expendi- tures for each of two fiscal years next preceding; (2) Balance sheet; (3) Debts and funds; (4) Estimate of State’s financial conditions at the end of the fiscal years covered by budgets; (5) Explanations by Board of Public Works. (As amended by § 15. 12. The budget shall show comparisons of estimates for the ensuing biennium with eacb year of the current biennium and each of the three years next preceding; the amount of each item recommended; whether the amounts recommended are equal to, above or below the d and the for the first year of the oan b ennium; reasons for recommended allowances or disallowances; a recor of the vote on each. recommendation that is not unanimous; and any tion which a ‘ity of the board or the Governor-elect may wish to have included, The board shall accompany the conclusions or recommendations of all its reports with a of the facts upon which its conclusions or findings are based, the names of the members approving the report, and the sum- mary of the investigation pursued to obtain the facts, Tasutar ANALYSIS OF ALL Stare Bupeset Laws of State Budget Laws — (Continued) 361 — YV. Submission of budget! and consoli appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VII. Supplementary appropriation bills rx. parent and control of appropriations 5, 1918. oa meets biennially. Subsec. 1 and 3. The Tred of Public Works shall deliver theli Tiatol. budgets and a bill of pro- posed clearly itemized #: and classified, to. the presid- ing officer of each house within ten days after the|lature. convening of the Legis- lature. Chapter 606, Laws of 1915; Chapters 2 and 300, Laws of 1917). as 15, 12. ane board No provisions for Wis- Money as design shall appear before th budget bill. to ie legislature ng later than December 15th; and Janu- ary Ist shall distribute copies of the estimates} with its recommenda- tions thereon to the mem-' not later than bers of the Legislature. Subsec. B, 3. The bud- get bill must be introduced|lature shall not amend the upon the re-jbudget bill to create a ceipt by the presiding|deficit; it may increase or appropriations, |officer of each house. The decrease items relating to Board of Public Works may|the Legislature or increase} amend or supplement the|those relating to the Judi- bill while in the Legis-|ciary, but may only reduce Subsec. B, 3. The Legis- or strike out other items, Subsec. B, 4. The Gov-|provided the compensation ernor and such representa-jof any public officer shall tives of agencies expending not be increased or dimin- or applying for State’slished during his term of ated by|office. the Board of Public Works Subsec. C. The Legisla- e|ture shall not consider other|j Legislature to defend thelappropriations until the budget bill has been finally acted upon. Subsec. D, 1. If the bud- get bill is not enacted three! days before the expiration’ of regular session, the Gov-' ernor may, by proclama-| tion, extend the legislative session. Subsec. D, 3. Budget bill becomes law upon passage of the Legislature without) provide the revenues neces- sary to pay the appropria- tion unless it appears from the budget that there is sufficient revenue avail- able; (3) shall receive the majority vote of the elec- tive members of each house} and shall be presented to! the Governor and be sub- (Compare with Maryland Budget Amendment.) Subsec. C. Every sup- plementary appropriation shall (1) be embodied in a separate bill, limited to a No provisions for West Virginia. signature of Governor. consin. No provisions for Wis- No provisions for Wis- consin, Legislature meets biennially. § 15. 11. The board shall ve such supervision of every public body as is y to secure uni- formity and accuracy of accounts and it may devise uniform systems of ac- counts and uniform ac- counting procedure for all such public bodies. § 15. 13. The board shall also investigate duplication of work, inefficiency of the organization and a tration, and shall formulate plans for greater co-ordina- tion and the improvement of pamela in gen- eral , 362 Report or Reconstruction CoMMIssIoN Chapter 3 — Comparative Tabulation Responsibility I. Preparation and filing of TL Review and | yyy, Preparation IV. Form and contents of for io of P eetieantee oe of budget budget i WYOMING — Chapter 10, Laws of 1919. Approved February 10, 1919. Goevernor,...-.+-+- § 1. Estimates shall be made by alll § 4. Governor may] § 7. Governor] § 7. The budget shall contain an jepending agencies upon official esti-\require additional in-|shall prepare a d plan of all mate blanks submitted to the Gov- ernor by November 1st of the even! numbered years. furnished by Governor shall be uni-' form and shall clearly designate the’ information desired. Estimate blanks Estimates are q amount needed for each year of ensu- ing financial period beginning April] Ist. § 2. State Auditor shall furnish Governor by December Ist, estimate of legislative needs, itemized in ac- cordance with Governor's budget classification and certified to by pre-| siding officer of each house. ber 1st furnish Governor with, (1) 1 in it form, showing formation from spend-' ing agencies which is mates. § 5. Governor shall during November pro- for review of all esti- mates. §§ 6 and 11. Gover-| his assistants not contained in esti-| - vide public hearings} budget for the bi- ennial period. i grapes ex- penditures for each State agency, classified by function, character and object, also estimated revenues and borrowings for each year of the ensu- ing biennial period. Opposite each item of proposed expenditures, the § 3. State Auditor shall on Novem-| t of balance to credit of each| spending agency at end of last pre- ceding appropriation year; (2) state-| ment of monthly expenditures and from each account during last preceding appro-| priation year; (3) statement of an-| nual expenditures in each appro- priation account and revenues from all sources for each of last two appro- |priation years; (4) complete balance sheet for preceding fiscal year ending September 30th; (5) other state- ments required by Governor. appropriation| an by December Ist, bien- nially, must have com-' petal oo survey, lof all spen agen-| cies which shall be aj basis forhis recom-| mendations. § 2. Governor may) revise all estimates ex- cept those of the Legis-| lature. shall show in parallel columns the amounts appropriated for each of the last two preceding appropria- tion eee and the mierease ce crease. companying the budget’ shall be (1) a statement of revenues and expenditures for each of the two preceding appropriation years, (2) a current balance statement, (3) a debt and fund statement, (4) a state- ment of condition of the treasury at the beginning and end of the two appropriation years covered by the budget, (5) a balance sheet for the State at close of last preceding fiscal year ending September 30th, (6) a general survey of the State's finan- cial and natural resources with a review of its general economic, industrial and commercial condition, TasuLar ANALYSIS OF ALL Srate Bupger Laws of State Budget Laws — (Concluded) 363 Y. Submission of budget and consolidated appropriation bill to Teaalatars VI. Budgetary procedure in Legislature VII. Legislative action on consolida appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Legislature meets biennially. §§ 7 and 8. The Gov- ernor shall submit to the esiding officer of each|Legisl: ouse, within five days i the beginning ae legislative session, prin ed copies of the budget, and copies of a tentative appropriation bill, clearly itemized and properly classified, for each of the ensuing appropriation years, (Compar § 9. Standing appropria- tion committees of the islature must begin within five days after the receipt of the budget to hold joint and open sessions on| budget. This joint com-| mittee may require repre-| sentatives of spending agen-| cies to appear before it and give information, It may also admit and hear all per- sons interested in the eati- mates. The Governor, or his representative, and the Governor-elect have the right to sit at these public hearings and to be heard. The budget bill must be introduced in the house within fifteen days after ite receipt from the Governor. § 10. The Legislature! may increase or decrease] items in the budget bill. Further and special appro- priations except in the case of an emergency can be’ made only after the budget bill has been finally acted upon, e with Budget Law of Virginia.) 3 t 10. All appropriation bills originating in the Legis- lature must conform to the budget classification. No provisions for Wyoming. PART V SALARIES AND PENSIONS [365] CHAPTER 1.— SALARIES OF STATE EMPLOYEES Present Conditions In the fiscal year 1917-18 the permanent activities of the State of New York required an expenditure of $40,274,567.71 exclusive of fixed charges and capital outlay. Of this amount $16,431,760.47 was spent for salaries and wages of 17,000 state employees—an amount equal to 40 per cent of the total expenditure for the management of the state business. In spite of the fact that New York State was the first state to adopt a civil service law, the emphasis placed on the problem of personal serv- ice and particularly on classification and salaries in this state has not been in proportion to its relative importance. Frequent investigations have been made by special committees, with little or only temporary result. The most recent investigation was that of the Senate Committee on Civil Service in 1915-16. Following a comprehensive study of the subject of personnel and salaries, a report was submitted analyzing in detail the conditions which were generally known to exist and presenting a definite program of improvement. The most important part of this report was a complete set of standards to govern appointment, salaries and advancement of employees in all departments and other agencies of the state. Although the recommendations of the committee were not incorporated into law, they were generally recognized in the Legislature and in the state departments, including the Civil Service Commission, as logical and based upon well-established facts. The program was defeated in the Assembly after having been adopted in the Senate by an almost unanimous vote. The conditions relating to personnel in the state service which seem to us to require correction, most of which are referred to in the findings of the Senate Committee on Civil Service of 1915-16 are: 1. Overpayment and underpayment in salaries, 2, A number of unnecessary positions. 3. Irregularity in rates of pay. Grades of employment under existing law are classified entirely according to compensation. The duties of the positions are not taken into consideration. The first grade covers positions below $300: per annum and the highest grade, the twelfth, includes positions with salary rates over $3,000. Such a method of classification is absolutely impractical and inevi- tably leads to inequalities in salaries and to a lack of uniformity in administration. An employee, for example, may be doing a cer- [367] 368 Report or Reconstruction CoMMISSION’ tain kind of work and receive a salary of $1,000. He is thereby automatically classified in the sixth grade. Another person per- forming the same kind of work in another department may be receiving $1,400. He is thereby automatically classified in the seventh grade; or, two persons performing work differing in kind and value are classified in the same grade if they receive the same salary rate. 4, Multiplicity of fictitious and unnecessary titles, with resultant confusion of work, friction between employees, and administrative difficulties in assigning and controlling the personnel. Titles of positions are not at present descriptive. They are obtained by designation from civil service lists, by specific reference in the statutes creating positions, and by designation by department heads. Titles for positions should designate rank or grade and relative importance of work. They should be reasonably descriptive of the duties performed, and used for purpose of payroll audit, office organization and control. An analysis of the titles of positions in the state service, however, shows that the present general usage does not serve any of these purposes. It is unusual to find that a title is properly designated to signify the relative importance of the position in terms of the entire state service. There are at the present time over nine hundred different titles in the state service which are fictitious or misleading. Similar titles are attached to positions entirely different in character. Different titles are used for positions involving the same character of work. In some depart- ments there are two titles for the same positions, i. e., office title and civil service title. It is difficult to regulate advancements and promotions without a definite control over titles. The promiscuous use of titles gives opportunity for the creation of useless and unneces- sary positions. New titles are usually invented to show the need for special work. An administrator often creates a fictitious or non- descriptive title for a position merely to persuade the control agencies that the position is necessary. Titles in many instances are vague. For example, the titles of “experts,” “investigator,” “agent,” ete., do not convey any meaning unless they are qualified by some further word descriptive of the general class of work performed. 5. Inadequate and inequitable system of advancement and pro- motion. There is no uniform practice for granting salary increases, whether for advancement or promotion. Some increases are granted regularly and almost automatically by the Legislature; others are dependent upon special recommendations in the budget; and for Saztarizes oF State Empioyvees 869 others special legislation is required. Certain departments are more lenient than others. Interesting studies have been made showing the variety of policies in the several departments. The delays under the present procedure are such that some deserved increases are held up for a period of years. As a result many employees leave the state service for private employment. The more modest and retiring employees who do not desire the publicity or the uncertainty accompanying a request for a salary increase often do not attain their just deserts. On the other hand, employees who are more bold are apt to be more successful. Promotions are as uncer- tain as increases in salary and are the greatest source of discontent among employees. Civil service rules and regulations provide that promotions wherever practicable shall be granted only after a pro- motional examination. As a matter of fact, there is no system for promotions in operation at the present time.* It is of special interest to note the time and expense involved in the present machinery for granting salary increases. Depart- ment heads are constantly bothered by requests for increases and promotions and are unable to give any reply which reflects a definite procedure. The Legislature is constantly giving its atten- tion to bills which pertain to salary problems, some of which are of very minor importance. 6. Duplication of work. 7. Lack of proper qualifications and preliminary training on the part of employees, due to lack of definite and proper standards. 8. Too many statutory positions. There are in the state service a large number of positions specifically created by statute. Although many of these positions are parallel in scope and responsibility to positions in the classified service, they nevertheless carry with them compensation in accordance with the terms of the statutes, regard- less of the present market value of the work performed. For in- stance, an employee in one department may receive a statutory sal- ary of $1,500, while in another department another employee in a similar position, but one not fixed by statute may receive a salary of $2,500. Many of the statutes fixing salaries were made in the dis- tant past. These statutory provisions are fortunately not followed in numerous cases by the Legislature in making the annual appro- (Commissioner Rice, has recently been * i lated b, A system of service records, formu y eae we teed taal eee inaugurated by the Civil Service Commission, which | 4 ments and promotions. These records are, however, in an experimental stage. +In Massachusetts, previous to the adoption of a logical classification for positions in the State, twelve per cent. of the bills introduced in the legislature pertained to personal service. 370 REportT oF Reconstruction CoMMISsION priations, since the appropriation act always carries a provision that salaries, compensation and expenses fixed in this act shall be paid notwithstanding the provisions of any other statute. However, no classification of positions in the state service would be complete without making a thorough survey of statutory positions. 9. Too many exempt positions. There is need for more perma- nent tenure in important posts. In 1916 there were 1,616 positions under civil service, but classified as exempt and therefore filled without examinations or other competition. At the present time there are 1,492 exempt positions. Many of these positions require special technique and training which could best be ascertained by some kind of competitive test, though not necessarily by a written examination. Others are of a policy determining, personal or confi- dential character. The former group of positions should be filled by competitive examination. A thorough study, however, should be made to determine just which positions should be kept in the exempt class. A number of inconsistencies prevail at the present time. There are similar positions which are now exempt in one department and subject to competition in others. ° Recommendations The conditions disclosed by this analysis are very similar to those dis- covered in numerous other states and cities and in the federal government by committees, commissions and other investigating agencies, public and private. These so-called reclassification studies begun originally in the City of Chicago have now become themselves fairly well standardized. Without discussing the history and specific provisions of these various reports and installations, the following recommendations based on experience elsewhere are set forth in summary form below: 1. A logical classification of employees will be established, based on duties and values of services, which will assist the Civil Service Commission, department heads, the Governor and the Legislature in the control of personnel. As indicated in Chapter 1 of Part IT this work will be done by a division of the Bureau of Administration in the Executive Department, co-operating with the Civil Service Commission. The best arrangement will be to have the Civil Service Commission issue a joint report with the Director of the Bureau of Administration and to have representatives of the Civil Service Com- mission associated with the examiners of the Bureau of Administra- tion in actual preparation of the classifications. The representatives of the Civil Service Commission will give particular attention to Sauarizs oF Strate Empioyees 371 questions of titles, qualifications for entrance, advancement and pro- motion. Such a classification and standards will provide: A definite description of all positions in the service so that department heads and future employees may be informed with respect to grades of work, entrance requirements, titles of positions, salary rates and opportunities for advancement and promotion. An equalization of salary and opportunity for all employees who are performing substantially similar or related work. This is to be brought about by a revision of the present salary rates and the determination of rates which are just and adequate in comparison with those paid by the most progressive private employers, due consideration being given also to the cost of living. 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard classifi- cation in which the duties fall. This involves a study of the proper as distinguished from the existing organization of each state unit and the listing of all unnecessary and overpaid or underpaid positions. 3. The Bureau of Administration will establish current control over changes in personnel in the several departments so that ap- pointments, promotions, increases in salary and other changes will be submitted and approved before they go into effect. Increases in salary within a grade and to a certain extent promotions will be based upon service records maintained by the Civil Service Com- mission. Increases in salary in the lower grades will be automatic upon the attainment of a minimum standard. All persons paid less than the minimum standard salary appropriate for their positions will receive increases to this minimum. A conservative estimate by the Senate Committee on Civil Service was that over $2,000,000 was wasted each year in excessive salary rates and unnecessary positions. From this saving must be deducted needed increases in salaries of underpaid employees. The remaining saving must be thought of as being gradual, not immediate. Experience in other states and cities indicates that effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees, and that adjustments should not be made by cutting of salaries or by the wholesale elimination of positions. 4. Provision will be made for current revision of the classifica- tions to meet changing conditions in the service. This power will 372 Rerort or Reconstruction CoMMISsION rest with the Bureau of Administration co-operating with the Civil Service Commission. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of employees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedure of the Civil Service Commission to determine whether or not the Commission is properly equipped to assume the responsi- bilities of examinations for appointment and promotion, and of determining efficiency for increase in salary under the more stringent regulations and standards set forth in the new classification. In the main, the Civil Service Commission whose chief function is to certify to appointments for all positions in the classified ser- vice is not responsible for present conditions. Except in so far as it regulates the service records of classified employees—a function which is still in the experimental stage—the Civil Service Com- mission does not come into contact with the state departments in regulating or controlling the personnel. It has not sufficient appro- priation or adequate organization to act as an effective employ- ment manager. Any plan for effective control of personnel will necessarily involve the strengthening of the Civil Service Commis- sion and the revision of its procedure. This must be done even if the control of salaries and filling of vacancies is entrusted to the budget making agency.* 7. Positions’ under civil service will be completely reclassified so as to bring into the competitive class all positions now exempt that are not of a policy determining character. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. Summary of Recommendations 1. A logical classification of state employees will be adopted, based on duties and value of services. This work will be done by the Bureau of Administration in the Executive Department co-oper- ating with the Civil Service Commission. 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard classi- fication in which the duties fall. “"* For further discussion of this subject see Chapter 15 of Part II on the Civil Ser- vice Commission. Sanagies or State Empioyvers 373 3. The Bureau of Administration will establish current control over changes in personnel in the several departments. Effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees. Adjustments will not be made by cutting of salaries or by the wholesale elimination of positions. 4. The classification will be revised currently to meet changing conditions in the service. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of employees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedures of the Civil Service Commission to determine whether or not the Commission is properly equipped to assum. its responsi- bilities under the more stringent regulations and standards which will be set forth in the new classification. 7. All positions now exempt which are not of a policy determin- ing character will be placed in the competitive class. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. 9. These recommendations will require only statutory and admin- istrative changes. 874 Report or Reconstzuction CoMMIssIoN CHAPTER 2.— PENSION AND RETIREMENT SYSTEMS IN NEW YORK STATE Principles of a Sound Pension System The chief objects of a sound pension system are to offer to the employees and their dependents an effective protection against the contingencies of old age, disability and death and to maintain an efficient state service by eliminating from it humanely the superannuated and disabled employees. The high cost of a pension of half-pay payable at a certain age to the end of the employee’s life is clearly evidenced by the rates which life insurance companies charge for life annuities. A pension system must be carefully organized in order that it may achieve the double purpose of benefiting the service as well as the employees and may meet the cost of the promised benefits. The adjustment of benefits and contributions in such a way as to make a pension system sound is a highly technical matter. A certain contribution actuarially calculated must be set aside each year on account of each employee in order to accumulate an adequate reserve from which his future pension can be paid. If both parties are to benefit from the system, then they ought to share the cost of it in an equitable pro- portion and jointly administer the system. The contributions of each employee must be fixed in accordance with the cost of his future benefit, i. e., in accordance with his age, salary, sex and other determining factors. Furthermore, a system which is to benefit in some form or other all employees and be for them an effective instrument of savings and insur- ance, ought to provide refunds of the employees’ contributions together with interest to those who resign or are dismissed and to the dependents of those who die before retirement. Pension Conditions in New York State and its Political Subdivisions No definite policy has been developed in this State regarding pensions for state, county or local employees. The broad scope of pensions, as an economic and administrative measure, and the highly technical nature of the question have hardly been appreciated. Laws have been enacted from time to time without any clearly defined principle underlying them. Each law was framed and its passage secured by some particular group of employees for its exclusive benefit and without regard to provisions of other laws, the situation of other groups or classes of employees and the requirements of economic and actuarial soundness. The present pension situation is, therefore, full of inconsistencies and gaps. There has been Pension anp Retirement System 3875 a total failure to grasp the fact that all government pension systems within the state are interrelated and that the Legislature should develop pension principles to be applied not only in the state service, but every- where; and that the state should encourage the growth of local pension systems and provide a means whereby the smallest community can assure protection to its employees. There are only four departments covered by pension laws in the state service. These laws cover teachers, hospital employees, judges, clerks and other employees of the Supreme Court and four or five employees of the Banking Department.* All the other departments are not pro- vided for. The pension systems of these favored departments have been framed without the necessary expert assistance and areunsound. Their benefits are inequitable and their revenues inadequate. ‘There is a wide variance for which there is no justification between their provisions. The teachers must render thirty-five years of service and be sixty years old, or else they must wait until they are sixty-five. The hospital employees, on the other hand, may retire after twenty-five years of service irrespective of age, i. e., in the case of early entrants at as early an age as forty-five or fifty. The former forfeit their contributions for themselves and for their dependents when they resign, are dismissed or die before retirement. To the latter are returned contributions in these cases, although without interest. The teachers contribute one per cent of their salary, irrespective of their age and sex and the State contributes an equal amount. The hospital employees contribute between one per cent and three per cent of their salary according to their length of service. The State adds to this an indirect contribution consisting of the deductions from salary on account of absences amounting to approximately only one-half of the amount contributed by the employees. The Supreme Court employees contribute one per cent of their salaries, and the State appropriates such an amount as is necessary to pay current pensions. The Banking Department employees do not contribute at all. Their entire pension is paid by the State. The total contributions of these systems amount, therefore, to only one or two per cent of the salaries. Yet contributions of ten per cent and even more ought to have been provided in order to accumulate adequate reserves with which to meet the cost of the benefits promised. As a result, the pension funds are actuarially insolvent. The teachers’ retire- ment fund is now being subjected to an actuarial investigation which will * The teachers’ and Supreme Court employees’ laws were originally enacted in 1911, the hospital employees’ act in 1912, and the banking department in 1914. 376 Revort or Reconstruction ComMIssion undoubtedly reveal an actuarial deficit amounting to several million dol- lars in its total present and prospective assets. The haphazard growth of pension legislation has been especially pro- nounced in the field of municipal government. A great multiplicity of municipal pension bills were passed during the last twenty years and each bill applied to some particular city and some particular group of employees in that city. Thus it has come about that certain cities and certain classes of employees, 2. ¢., teachers, policemen, and firemen, have been specially favored with pension legislation while others have been neglected.* The only cities which make some provisions for other employees are New York and Yonkers, where all municipal employees are provided for, and Niagara Falls, where the city electrician is fortunate enough to be covered by a special pension measure enacted for his benefit. County employees have been altogether omitted in pension legislation. It is not surprising, therefore, that in some subdivisions of government charges of discrimination are being made, superannuated and disabled employees are being kept on the payroll, and the efticiency of the service suffers. All the municipal pension funds with the exception of two (the New York city teachers’ retirement fund and the Hunter’s College fund), are unsound in their benefits as well as in their financing and will become a heavy charge on the city treasury and cause ultimate injury to the welfare of the employees. The funds are financed by small contributions from employees and by miscellaneous revenues, such as a certain portion of the foreign fire insurance tax, excise tax, or dog tax; sale of condemned or unclaimed property; fees for certain licenses and permits, such as for keeping or selling revolvers, kerosene, naphtha, gasoline, oil, gunpowder or fire- works; money paid for special services at balls, weddings, parties or excursions; fines and rewards; special police and firemen’s carnivals and entertainments; gifts, donations and other revenues of a more or less uncertain and fluctuating nature which bear no relation to the cost of pension benefits and the requirements of a pension fund. In most of these funds at some time or other the annual disbursements have exceeded the annual receipts and the funds have been running at an annual deficit. The total present and prospective liabilities of all these funds far exceed * Pension funds are in operation in the following cities: Police, firemen, teachers and other municipal employees’ funds in New York city and Yonkers; only police and firemen’s funds in Auburn, Binghamton, Fulton, Kingston, Niagara Falls (also city electrician), New Rochelle, Oswego, Olean, Utica and Watertown; only police and teachers’ funds in Poughkeepsie; only firemen’s and teachers’ funds in Westchester county; only police funds in Geneva, Jamestown, Newburgh, Portchester, Rome, White Plains; only firemen’s funds in Lockport, North Tonawanda, and Rensselaer county; only teachers’ fund in Cohoes, Nassau county and Saratoga county. Pension anp ReEetirEMENT SysTEM 377 their present and prospective assets. The total actuarial deficits of all these funds combined amount to many millions of dollars. Future generations will have to bear the burdens of these deficiencies. Recommendations It is evident that immediate steps should be taken towards the formula- tion and enforcement of an efficient pension policy. A system should be devised which will cover the departments not now provided for, help to eliminate from their staff without causing individual hardship the superannuated and disabled employees who now clog the service and which will operate on a sound and permanent financial basis. Means must be provided for a reorganization of existing funds on a sound basis, at the same time protecting participants in the present funds. Statistical, actuarial and other pension data necessary for the reorganization of the existing funds and construction of new systems must be collected. Actuarial estimates of the financial condition of the existing systems, as well as the cost of new plans which may be proposed, must be prepared. After a sound policy has been adopted an efficient supervision of the operation and administration of the new state and local pension systems which will come into being must be maintained. All this technical work can best be performed by a permanent agency created for this purpose. It has, therefore, been recommended that a Pension Division specially equipped for this work be established in the proposed Bureau of Administration in the Executive Department. With the pension data which the Pension Division would collect and the equipment which it would develop it could at the request of the Legis- lature or of localities effectively probe the soundness of every pension bill proposed or submitted and supply all information and staff service which might be desired. This would be a valuable assistance to legis- lators and local administrative agencies, who are usually in no position themselves to ascertain the soundness of the various pension bills upon which they are asked to pass. The Legislature appointed last year a committee to investigate the pension situation in the State. It is evident that in the short space and with the limited funds allowed (the committee was directed to report in January, 1921, and was allowed an appropriation of only $5,000) the committee cannot organize a technical staff and collect, prepare and digest the considerable amount of data necessary for constructive work. Its task would have been greatly facilitated had a department such as here proposed been in existence. The Pension Division can perform the technical work for this or any other legislative committee which may be appointed in the future to investigate the pension subject. 878 Report or Reconstruction Commission It is evident that the entire question of municipal funds must be placed upon a new foundation. Existing funds must be reorganized and the extension of pension provisions to classes of employees not now provided for must be decided in the light of a sound policy. In the formulation of such a policy the proposed Pension Division can greatly assist. Most of the local funds cannot reorganize without out- side assistance. They must be valued actuarially in order that their financial condition may be accurately ascertained and yet their particular experience is insufficient for a reliable valuation. State-wide statistical data must be collected. The latter work, as well as the actuarial valua- tions of the funds, will be undertaken by the proposed Division. The State of New Jersey has recently prepared a plan of reorganiza- tion of municipal pension funds which is suggestive of what might be done in New York. It is proposed there that in every city in which there are in operation some departmental pension funds, a new municipal pension fund should be established. Members of the old unstable funds are given the privilege to transfer to the new municipal funds which will be made financially sound. The old funds are not to be abolished unless two-thirds of their members vote in favor of a transfer to the new system. A department in which there is no pension fund may be admitted into the new system if two-thirds of its employees petition for admission and if the voters of the municipality at the next election vote in favor of it. Similarly a municipality which now has no pension fund may establish a municipal fund if two-thirds of all its employees petition for its estab- lishment and the voters of the municipality at the next election approve of it. Thus it is not necessary each time the extension of pension pro- visions is discussed to apply to the Legislature for the enactment of a special law, as has been the practice heretofore. The proposed municipal pension law would act as a fundamental charter of municipal pensions. It has been recognized by the framers of the New Jersey pension bill that small pension funds of the small municipalities cannot operate independently on a permanent and solvent basis. It is proposed, there- fore, that the small funds reinsure their risks in a state reinsurance fund which is specially created for this purpose. The establishment of a central state agency with a trained technical staff for the supervision of the municipal funds each of which will be administered by a local board of trustees consisting of representatives of employees and the city has been recommended. Thus an effective machinery is provided for the enforcement and maintenance of a sound pension policy throughout the entire public service of the state, PENSION AND RETIREMENT SysSTEM 879 Whether New York will adopt some such scheme as proposed in New Jersey or will evolve another scheme, it is evident that the task is one of great magnitude, and can be performed only by an expert staff and by a permanent state office. The assistant director in charge of the Pension Division of the Bureau of Administration will be a pension expert. The actuary who performs its actuarial work will be especially conversant with the application of actuarial technique to the pension problem. Proper technical assist- ants will be provided. In view of the desirability of ascertaining the views of the employees who are vitally affected in this matter and securing their widest co-opera- tion and also in view of the great public importance of the subject, it is recommended that there be created two temporary advisory boards to meet with the Pension Commission and the working staff in the Pension Division, one on state pensions, the other on local employees’ pensions. One will consist of representatives elected by the state employees; the other of representatives elected by the associations of municipal employees. The powers of these boards will be purely consultative. Summary of Recommendations 1. The Pension Commission will formulate an efficient state and local pension and reinsurance plan, using for the purpose a new Division of Pensions in the proposed Bureau of Administration in the Executive Department, with an expert pension and actuarial staff. This plan will involve the reorganization of existing funds and the extension of state and local systems. 2. The proposed Pension Division of the Bureau of Administra- tion will perform the following duties with respect to pensions in the state, municipal and county services: Supplying information to the Pension Commission, Legisla- ture and local authorities. Collection of pension data. Formulation of scientific pension plans. Actuarial valuations of pension funds and calculation of rates of contributions. Preparation of an annual report on the pension situation. — Ultimately, supervision under such boards as may be estab- lished, of the operation of state and local pension funds with a view to enforce sound standards. 3. There will be associated with the Pension Commission two advisory boards of employees, one on state pensions and one on local employees’ pensions. 4, These recommendations require only statutory changes. PART VI STATE PRINTING [381] STATE PRINTING Functions of State Printing Board The State Printing Board,* an ex-officio board composed of the Secre-’ tary of State as President, the Comptroller as Secretary and the Attorney- General, is charged with the supervision over contracts for the greater part of the state printing, the adopting and promulgating of rules and regulations concerning bids and printing, the investigation of the quali- fications and facilities of the firms proposing to perform any printing contract, and inspection of printing to make sure that specifications have been followed. It is specifically provided that the office shall be located in the office of the Comptroller and that he shall name an expert printer and such other assistants and employees as authorized by the appropria- tions. The statute creating the State Board classifies the state printing into three parts as follows: 1. Legislative printing, including all printing done for or upon the order of the Legislature. 2. Department printing, including all printing for the various cffices, institutions and departments. 3. Printing of session laws, including printing of all slips of the laws, publication of the official and public edition of the session laws and the binding thereof. Legislative Printing Legislative printing includes bills, documents, calendars, journals, sub- stitutes for engrossed bills and memorials of both houses of the Legisla- ture, together with the necessary binding. It is provided by statute that there shall be printed fifteen hundred copies of each bill and five hundred extra copies of all general senate bills and general assembly bills and five copies of substitutes of engrossed bills ordered by the Clerks of the Senate and Assembly. The statute provides also that there shall be eight hun- dred and fifty copies printed of the journals, calendars, messages from the Gevernor, reports of standing or select committees, reports and com- munications when made in pursuance of law, reports of state offices, departments, commissions, institutions and boards. Extra copies of the reports of these state agencies, printed for the use of the Legislature, may be printed for the use of these agencies. The number of extra copies for such department varies according to the department. The Printing Board may reduce the number of copies to be printed if the appropria- * Chapter 667 of the Acts of 1917. [383] 884 Report or Reconstruction CoMMIssIoN tions are not sufficient. When extra reports exceed three hundred pages they are to be bound in cloth. Provision is made for the receiving of sealed proposals for the legisla- tive printing for the year, but no provision is made whereby the Printing Board may have authority to reduce the size of a report unless its cost exceeds the amount appropriated by the Legislature. In this event the report is returned to the department with instructions to cut out sufficient material to bring its size within the limit necessary to avoid running over the appropriation. Department Printing Previous to 1917, a lump sum appropriation of $300,000 had been made annually by the Legislature for the printing of departmental re- ports. At present, however, each department submits an estimate for printing its reports and appropriations are made separately for each department by the Legislature. Figures in the office of the Budget Sec- retary in the Executive Department show that in 1918 $272,850 was ap- propriated for reports, but that there was an additional deficiency appro- priation of $325,824.59. In 1919 $219,150 was appropriated, with an additional deficiency appropriation of $72,110. As in the case of legislative printing, the Printing Board has power to reduce the size of the report only in order to make the cost of printing | conform with the amount of the appropriation. Only in very rare instances have efforts been made to eliminate departmental working papers and similar material of little interest and use to the average citizen. In 1918 the Department of Agriculture (subsequently made a part of the Department of Farms and Markets) issued a report of several large volumes devoted to the State College of Agriculture, Experiment Station and the department itself. The total number of pages was 5,836. In addition numerous bulletins are published. The proceedings of the Canal Board comprised a volume of 1,079 pages. The State Board of Charities in 1913 issued three volumes of 3,373 pages, in 1915 a single volume report of 1,404 pages, in 1916 a two volume report of 3,359 pages, and in 1917 a single volume again of 742 pages. Besides these reports each one of the institutions subject to its visitation and inspection issued reports. The Civil Service Commission’s reports include town and city laws. In 1915 two volumes were issued as an annual report with a total of 1,274 pages. The Excise Commission report for 1917 is filled with statistics and records of names and other detail and fills two volumes with a total of 1,102 pages. The Health Department report for 1916 com- prises two volumes filled largely with minor reports and working papers. Strate Printing 385 It totals 1,307 pages. The Insurance Department in 1917 issued a five volume report of 4,416 pages. The Industrial Commission has been able to reduce the size of its reports considerably, despite the fact that it rep- resents a merging of several departments. In 1914 its reports filled 659 pages and this was reduced in 1917 to a report of 304 pages, which ap- parently adequately covered its work of the year. The State Commission on Prisons in 1917 published a report on prisons of 516 pages and pro- ceedings in 519 pages. The Public Service Commission for the First District in 1917 published a two volume report of 2,651 pages and the Commission of the Second District published two volumes of 1,263 pages. The State is required* to publish also the reports of certain private organizations. These include the annual report of the American Scenic and Historic Preservation Society, which has custody of certain state parks and places of historic interest, the report of the proceedings of the G. A. R. and the report of the United Spanish War Veterans. If the recommendations of the Reconstruction Commission concerning the su- pervision of all parks and places of historic interest are adopted and such places are given over to the custody of the Conservation Department no reports of the American Scenic and Historic Preservation Society need be published. In 1909 a report of the American Scenic and Historical Preservation Society contained 309 pages; in 1916, 956 pages; in 1917, 816 pages, and in 1918, 947 pages. The report of the proceedings of the G. A. R. averages about 400 pages. The annual report of the United Spanish War Veterans in 1914 was 513 pages in length, in 1913, 754 pages, and in 1917, 328 pages. If any appropriation is to be made for war veterans it should be made to the Department of Military and Naval Affairs. At any rate it is apparent that legislation should be taken up limiting the publication ‘of annual reports strictly to state departments. The Conservation Department has been able to reduce the size of its reports greatly during recent years without reducing their value. Thus in 1911 two volumes of 556 pages were issued. In 1912 two volumes of 757 pages, in 1913 two volumes of 810 pages, in 1914 two volumes of 776 pages, in 1915 two volumes of 538 pages, while in 1916 none was issued at all. In 1917 the work of the department was covered in a single concise and readable volume of 129 pages and a large amount of material not pertinent to a published document of this kind was eliminated. Generally speaking, this experience of one department can be dupli- cated in most of the others. An analysis of the various reports shows that most of them contain statistics of little or no value, working papers * Chapter 667, Acts of 1917. 13 386 Rerort or Reconsrgeuction ComMMIssion which should be on file but not published and repetitions year after year of statutes affecting the department or local authorities supervised by it. Obviously, there is need of standardization of reports. There is no reason why the reports of all departments should not appear at about the same time shortly after the first of each year. They should be so far as possible similar in form and should contain only the essence of material of real interest. Some means of review and editing is required, to bring this about. This is not at present a function of the staff of the Printing Board unless the amount of material submitted will bring the cost above the money appropriated. The advice and criticism of such a staff should be rendered to the budget making agency before the estimates are transmitted to the Legislature. Included in department printing are the blanks, circulars, blank books, pamphlets, envelopes, letter and note-heads and all other printing work for the various departments other than that classified under the Legisiature.* On the first day of February an estimate in writing must be trasmitted to the Printing Board showing in detail all printing of this kind required during the ensuing fiscal year. The Printing Board on or before the first day of May gives notice that it will receive sealed proposals for the departmental printing. On the basis of the bids received the Board awards the contract. Printing of Session Laws and Publication of Official Notices The State Printing Board advertises for bids for printing in the City of Albany 8,000 copies of the session laws. In the appropriation act of 1919, $22,000 is provided for the printing of session laws and slips. This item is included in the appropriation for the Secretary of State. Mention should be made of the publication by the State of official notices required by law to be made in newspapers. The rate of payment which shall be made to newspapers for the publishing of such matter, not only for the State but also for local governments, is fixed by statute.t The rate provided was altered in 1919.§ The law as amended fixes the following rates: 75 cents per folio for the first insertion and 50 cents for each subsequent insertion except in newspapers published in counties containing wholly or in part cities of the first class or of the second class. In these cities, with the exception of New York City, the rate is fixed at one dollar for the first insertion and seventy-five cents for each * Section 7 of Chapter 667 of the Laws of 1917. + Section 9 of Chapter 667 of the Laws of 1917. t Section 3,317 of the Code of Civil Procedure. § Chapter 480 of the Acts of 1919. State Printing 387 subsequent insertion. In New York City the rate is fixed at “12 cents per agate line of 30 ems for each insertion.” There was appropriated “for official notices” under “ advertising” for the Secretary of State’s department the sum of $50,000 by the 1919 Legislature. This does not include, of course, any provision for the publishing of official notices by the local governments. In 1917-1918 there was expended for publishing the session laws in newspapers, as required by law,* $251,435.80. There is appropriated for this purpose for the ensuing year the sum of $200,000. The Secretary of State, the Comptroller and the Attorney-General are required by law to designate a daily newspaper published in Albany, as the state paper. This paper publishes all appointments and terms of the Supreme Court, rules of practice adopted by the Supreme Court and the Court of Appeals, the laws of the State, notices and advertisements, re- quired to be published by the Attorney-General, the Superintendent of Insurance, the Superintendent of Banks or any actions against foreign corporations. The standard rate for publishing these is 75 cents per folio of 100 words. The Legislative Lawt and the County Lawt provide for designation of newspapers in which the session laws and concurrent resolutions shall be published. In every county the members of the Boards of Supervisors represent- ing each of the two principal political parties select one newspaper pub- lished in the county. These two newspapers are then designated by the Secretary of State as the papers in which the session laws and concurrent resolutions shall be published. The Secretary of State also designates one additional newspaper in each county of over 100,000 inhabitants in which the concurrent resolutions are also published. There are a few exceptions to the above general provisions. In New York County there are four newspapers, two chosen by the members of each of the two principal political parties represented in the Board of Aldermen. Two of these newspapers must be published in the Bronx and two in Manhattan. For the County of Queens and the County of Richmond the Secretary of State designates the newspapers upon the nomination of the county committees of each of the two principal politi- cal parties. The County Lawt makes the following remarkable requirement with reference to the selection of newspapers for publishing the session laws * Section 48 of the Legislative Law. + Section 48. t Section 20. 388 Report oF Reconstruction CoMMISsIoN and concurrent resolutions: “ Regard being had to the advocacy by such paper of the principles of its party and its support of the state and national nominees thereof; and to its regular and general circulation in towns of the county.” It states also that members of the Board of Supervisors in making selections shall choose those papers “ fairly repre- senting the parties to which they belong.” The Secretary of State in designating the additional newspaper for the publishing of concurrent resolutions must choose with reference to the paper having the largest circulation in the county. Newspapers having been selected by the two groups of members of the Boards of Supervisors and the substitute agencies provided in New York City, it is the duty of the Secretary of State to designate such newspapers and to send to them general and local laws as passed by the Legislature. Copies of these laws are also sent to the County Treasurer, who causes them to be published within ninety days after the publisher receives them. Marked copies of the newspapers are then sent to the Secretary of State. The bills for publishing are paid by the Treasurer of the State upon the approval of the Secretary of State and a warrant of the ‘Comptroller. The concurrent resolutions which propose constitutional amendments must be printed in each designated paper weekly for thir- teen weeks. Local laws (laws affecting a local area or for a local purpose and not state-wide in scope) are only published in those counties af- fected by them. General laws are published in all designated papers. Both general and local laws are published once only. Concurrent resolu- tions must be published once three months before the general election and twice during each of the intervening three months. The Legislative Law* already referred to, fixes the following rates to be paid for publishing session laws and concurrent resolutions: General laws, 30: cents for each folio of 100 words; local laws, a rate from 25 cents to 50 cents, as the local Boards of Supervisors may decide. An amendment to this law was passed in 1919} which provides that in counties containing wholly or in part a city of the second class, the charge for publication of both general and local laws and concurrent reso- lutions shall be “at the rate of 6 cents per agate line of a column with not less than 121% ems for each insertion.” This is approximately at the rate of 84 cents per folio, certainly a very substantial increase over the other rates fixed by law. The cost of publishing all local laws is met by the counties affected. * Section 48. + Acts 1919, Chapter 620. State Printing 889 The purpose of publishing the session laws and concurrent resolutions in newspapers designated as described above, was apparently to insure publicity concerning the work of the Legislature. As a matter of fact, the material which is published is seldom read and there is no need of spend- ing $250,000 annually for this purpose. The same purpose would be better served by having the State publish a weekly bulletin or record which would be on file at all public libraries, chambers of commerce. central labor union headquarters and similar places where it would be accessible to anyone. There is a less obvious but more far reaching evil attached to the present practice in the payment of funds by the State to newspapers which are selected because of their party regularity. The present practice contributes toward making local papers “safe” journals, muzzled and prevented from criticizing the candidates or policies of the party in any way. It also encourages local newspapers to “ lobby ” the Legislature for higher rates for publishing. It is difficult to understand why there should be different rates for newspapers in counties containing wholly or par- tially cities of the second class. The difference, it may be recalled, is considerable, and the wording of the amendment serves to conceal this from laymen. Summary of Recommendations 1. The present Printing Board will be abolished. The Comptroller as State Auditor will have nothing to do with letting contracts. This is not properly a function of the Attorney-General or of the Secretary of State. Since there is provided in the Depart- ment of Taxation and Finance, a Bureau of Purchasing to install and operate so far as practical central purchasing methods, the present functions of the Printing Board insofar as they are retained will be transferred to this bureau. Preparation of specifications, let- ting of contracts and inspection of all printing, advertising, and publication will be centralized here. All appropriations for these purposes will be made to the Bureau of Purchasing. 2. The standardization of departmental reports and bulletins, a new function, will be performed by a Supervising Editor in the Bureau of Administration attached to the Executive Department. (See Part II, Chapter 1.) This agency also prepares the budget, is in the closest touch with the work of all the departments and the re sults accomplished, and is in the best position to advise on the amounts to be appropriated for department printing. An arrangement similar to this operates successfully in the Com- monwealth of Massachusetts. The Office of the Supervisor of Ad- 390 Revrort or Reconstruction CoMMISsION ministration prepares the budget for the Governor before its sub- mission to the General Court (Legislature), and in that office there is a Director of Publications who has full authority to edit all departmental reports and to eliminate unnecessary matter. Appropriations for departmental printing will be paid out by the Department of Taxation and Finance only on the approval of the Bureau of Administration. The Supervising Editor in the Bureau of Administration will by conference if possible, and otherwise by the Governor’s order elimi- nate unnecessary material and standardize the form of reports with a view to producing compact, clear statements of the work of the de- partments. He will make efforts to have all annual reports appear at approximately the same time, and not later than February 1 of each year. 3. Abolish the printing and advertising of session laws and so far as practical of official notices and publish these in a State Record to be issued weekly or bimonthly through the Bureau of Adminis- tration. This State Record will include in addition to these items, proceedings, calendars and notices of meetings of committees of the legislative boards, civil service examinations and other announce-. ments. Boston has its Municipal Record and New York City its City Record which serve these purposes. All contracts for publishing such a State Record will of course be made by the Bureau of Purchasing in the Department of Taxa- tion. 4, The State will publish only the reports of its own official agencies and not those of any private or quasi public agency unless such reports are published as part of the annual report of one of the regular state departments. 5. These recommendations require only statutory revision. PART VII CONSTITUTIONAL AMENDMENTS [391] CHAPTER 1— DRAFT OF PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING FOR THE ESTABLISHMENT OF AN EXECUTIVE BUDGET SYSTEM Concurrent resolution of the Senate and Assembly proposing an amend- ment to sections twenty-one and twenty-two of Article three of the Con- stitution in relation to the establishment of a budget system. ‘Section 1. Resolved (if the Senate concur), That sections twenty-one and twenty-two of article three of the Constitution be amended to read respectively as follows: § 21. No money shall ever be paid out of the treasury of this state or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; [nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.]J All appropriations or balances of appropriations remaining unexpended or unencumbered at the end of the fiscal year for which they are made, shall revert to the state treasury ; except that appropriations for the purchase of land, or the erec- tion of buildings or new construction shall continue in force until the attainment of the object or the completion of the work for which such appropriations are made. § 22. [[No provision or enactment shall be embraced in the annual appropriation or supply bill, unless it relates specifically to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation.J All money shall be appropriated in accordance with the provisions which follow. By November fifteenth, annually, all departments and agencies, includ- ing the Judiciary and the Legislature, asking appropriations from the state, shall submit to the Governor, upon blanks furnished by him, estt- mates of their financial needs for the neat ensuing fiscal year. At the time of receiving such estimates, the Governor’ shall secure estimates of all anticipated revenues of the state for the fiscal year next ensuing. The Governor's budget staff shall receive such estimates, and prepare and make available to the public a tentative budget thereof. The Governor shall then provide for public hearings on such tentative budget and thereafter shall, in his discretion, revise all estimates of expenditures before their inclusion in the budget. 394 Revorr or tue Reconstruction CoMMIssion By February first next succeeding the Governor shall present the budget ta the Legislature. The budget shall contain a complete plan of proposed expenditures and estimated revenues for the fiscal year next ensuing. The proposed expenditures shall be fully itemized. The budget shall show in comparison with each item of the proposed expenditures, the amount appropriated and the amount actially expended for the last pre- ceding fiscal year, also the amount appropriated for the current fiscal year. The budget shall include (1) a current balance sheet; (2) a statement of debts and sinking funds; (3) an estimate of the state’s financial con- dition as of the beginning and end of the fiscal year covered by the budget ; (4) a statement of any taxation measures which the Governor may propose for increasing the state’s revenue; and (5) a statement of any proposed bond issue, giving the amount, term and purpose of such bonds and the requirements to be attached to their issuance. The Governor shall, at the time of presenting the budget to the Legis- lature, submit a bill containing the proposed appropriations for the fiscal year covered by said budget. The presiding officer of each house shall forthwith introduce the same therein. The Governor may, with the con- sent of and before final action by the Legislature, amend or supplement such bill. Immediately after the introduction of the budget bill the standing committees of both houses in charge of appropriation measures shall begin to consider it, and shall sit jointly im open sessions while so doing. At any time during the consideration of the budget bill the Gov- ernor shall have the right, and it shall be his duty when requested by the Legislature, to appear before the Legislature or any committee thereof, and to be heard or to answer questions in respect thereto. The Legislature shall not alter or amend the budget bill except by striking out or reducing items thereof. Neither house of the Legislature shall make other appropriations, except emergency appropriations as hereinafter provided, until the budget bill shall have been finally acted upon by both houses; and no such other appropriation shall be valid. An emergency appropriation shall be embodied in a separate bill for a single object therein stated and shall provide the revenue necessary for the appropriation thereby made by a tax, to be laid and collected as shall be directed im such bill, unless it appears from the budget that there is sufficient revenue available therefor. In case of an emergency the Governor shall present to the Legislature an appropriation bill or bills, providing for the expenditures needed to meet such emergency, and shall recommend the immediate passage of the same. Any such bill shall be known as an “emergency appropriation bill.” The Legislature may amend any emergency appropriation bill by ConsrirutionaL AMENDMENTS 395 increasing or decreasing the items contained therein, subject to the approval of the Governor, as provided in section nine of Article four of the Constitution. The Governor shall have the power to require all departments and agencies receiving money from the state to install and keep such books and records as he may deem necessary to supply full and accurate infor- mation relative to their operation and financial management. Section two. Resolved (if the Senate concur), That the foregoing amendment be referred to the Legislature to be chosen at the next gen- eral election of Senators, and, in conformity with section one of Article fourteen of the Constitution, be published for three months previous to the time of such election. 396 Rerorr oF tHE Reconstruction CoMMISsSION CHAPTER 2.— DRAFT OF PROPOSED CONSTITUTIONAL AMENDMENTS PROVIDING FOR THE REORGANIZATION OF THE STATE GOVERNMENT Concurrent resolution of the Senate and Assembly proposing amend- juents to section one of Article four, Article five, and sections eleven, twelve, fourteen and fifteen of Article eight of the Constitution in rela- tion to the term of office of the Governor, state officers and departments, and the visitation, inspection, and administration of charitable, correc- tional and other institutions. Section one. Resolved (if the Senate concur), That section one of article four of the Constitution be amended to read as follows: § 1. The executive power shall be vested in a Governor, who shall hold his office for [two] four years; a Lieutenant Governor shall be chosen at the same time, and for the same term. [The Governor and Lieutenant Governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of December, one thousand eight hundred and ninety-six, and their successors shall be chosen at the general election in that year.J Section two. Resolved (if the Senate concur) that Article five of the Constitution be amended to read as follows: ARTICLE V § 1. The [Secretary of State,J Comptroller, Treasurer, Attorney General and State Engineer and Surveyor] shall be chosen at a general election, at the times and places of electing the Governor and Lieutenant Governor, and shall hold [their] his officef[s] for [two] four years[, except as provided in section two of this article]. The Comptroller shall be required to perform functions of audit only, and in such respect the Legislature shall, by appropriate laws, define his powers and duties. [Each of the officers in this article named, excepting the Speaker of the Assembly, He shall, at stated times during his continuance in office, receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or perquisites of office or other com- pensation. [No person shall be elected to the office of State Engineer and Surveyor who is not a practical Civil Engineer. ] § 2. There shall be the following civil departments in the State gov- ernment: 1, Executive. 2, Audit and Control. 3, Taxation and Finance. 4, Attorney General. 5, State. 6, Public Works. 7, Con- ConstTiTuTIonaL AMENDMENTS 397 servation. S$, Agriculture and Markets. 9, Labor. 10, Education. 11, Health. 12, Mental Hygiene. 13, Charities. 14, Correction. 15, Public Service. 16, Banking. 17, Insurance. 18, Civil Service. 19, Military and Naval Affairs. § 3. 1. The head of the Executive Department shall be the Governor. 2. The head of the Department of Audit and Control shall be the Comptroller. 8. The head of the Department of Taxation and Finance shall be the Commissioner of Taxation and Finance. 4. The head of the Department of Attorney General shall be the Attorney General. 5. The head of the Department of State shall be the Secretary of State. 6. The head of the Department of Public Works shall be the Commissioner of Public Works. 7. The head of the Department of Conservation shall be the Commissioner of Conservation. 8. The executive officer of the Department of Agriculture and Markets shall be the Commissioner of Agriculture and Markets to be appointed in such manner as the Legis- lature may prescribe. 9. The head of the Department of Labor shall be a Commission whose duties shall be such as the Legislature shall pre- scribe. 10. The head of the Department of Education shall be the Board. of Regents of the University of the State of New York, who shall appoint and at pleasure remove a Commissioner of Education to be chief execu- tive of such department. 11. The head of the Department of Health shall be the Commissioner of Health. 12. The head of the Department of Mental Hygiene shall be a Commission on Mental Hygiene. 138. The head of the Department of Charities shall be the Board of Charities. 14. The head of the Department of Correction shall be the Commissioner of Correction. 15. The Department of Public Service shall be administered by two public service commissions. At the head of each commission there shall be a single commissioner. 16. The head of the Department of Banking shall be the Commissioner of Banking. 17. The head of the Department of Insurance shall be the Commissioner of Insurance. 18. The head of the Department of Civil Service shall be the Civil Service Commission. Such commission shall consist of a chatrman to be appointed by the Governor and two associate commissioners. Such asso- ciate commissioners shall receive only a nominal salary and troveling expenses. 19. The head of the Department of Military and Naval Affairs shall be the Governor. § 4. At the session immediately following the adoption of this article the Legislature shall provide by law for the appropriate assignment, to take effect not earlier than the first day of January, one thousand nine hundred twenty-two, of all the civil administrative and executive func- tions of the State government, to the several departments in this article 398 Report or THE RECONSTRUCTION CoMMISSION provided. Subject to the limitations contained mm this Constitution, the Legislature may from time to time assign by law new powers and func- tions to departments, officers, boards, or commissions continued or created under this Constitution, and imerease, modify or dimuish thewr powers and functions. No specific grant of power herein to a department shall prevent the Legislature from conferring additional powers upon such department. No new departments shall be created hereafter. Any bureau, board, commission, or office hereafter created shall be placed in one of the departments enumerated in this article. The elective State officers im office at the time this article as amended takes effect shall continue in office until the end of the terms for which they were elected. Pending the assignment of the cwil adminstrative and executwe functions by the Legislature purswant to the directions of this section, the powers and duties of the several departments, boards, commissions and officers now existing are continued. Subject to the power of the Legislature to reduce the number of officers, when the powers and duties of any existing office are assigned to any department, the officers exercising such powers shall continue in office in such department, and their term of office shall not be shortened by such assignment. § 5. The heads of all the departments and the members of all boards, commissions and councils mentioned in this article shall, unless otherwise provided in this Constitution, be appointed by the Governor by and with the advice and consent of the Senate and may be removed by him in his discretion. [§ 2. The first election of the Secretary of State, Comptroller, Treas- urer, Attorney-General and State Engineer and Surveyor, pursuant to this article, shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of Janu- ary following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter, their successors shall be chosen for the term of two years. J [§ 8. A Superintendent of Public Works shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nomi- nated, and until his successor is appointed and qualified. He shall receive a compensation to be fixed by law. He shall be required by law to give security for the faithful execution of his office before entering upon the duties thereof. He sball be charged with the execution of all laws relating to the repair atid navigation of the canals, and also of those relating to the construction and improvement of the canals, except so ConstITuTIoNAL AMENDMENTS 399 far as the execution of the laws relating to such construction or improve- ment shall be confided to the State Engineer and Surveyor; subject to the control of the Legislature, he shall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the Governor, whenever, in his judgment, the public interest shall so require; but in case of the removal of such Superintendent of Public Works from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall report such removal and the cause thereof to the Legislature at its next session. The Superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the Super- intendent of Public Works, whenever, tm his judgment, the public interest shall so require. Any vacancy in the office of any such assistant super- intendent shall be filled for the remainder of the term for which he was appointed, by the Superintendent of Public Works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the State Enginer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. The Superintendent of Public Works shall perform all the duties of the former Canal Commissioners and Board of Canal Commissioners, as now declared by law, until otherwise provided by the Legislature. The Governor, by and with the advice and consent of the Senate, shall have power to fill vacancies in the office of Superintendent of Public Works; if the Senate be not in session, he may grant commissions which shall expire at the end of the next succeeding session of the Senate.] [§ 4. A Superintendent of State Prisons shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed; he shall give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the superintendent. The Comp- 400 Report or tHe Reconstricrion Commission troller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and performed by the inspectors of state prisons, The Governor may remove the Supetintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. ES 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor shall be the commissioners of the land office. The Liev- tenant-Governor, Secretary of State, Comptroller, Treasurer and Attorney- General shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the State Engineer and Surveyor and the Superintendent of Public Works.} [§ 6. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law.} [S 7. The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the com- mencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such suspension of the Treasurer. ] § 7. A vacancy occurring in any board, commission or council men- tioned in this article shall be filled for the wnexpired term in the same manner as an original appointment, except that a vacancy occurring or existing while the Senate is not in session shall be filled by the Governor by appointment for a term expiring at the end of twenty days from the commencement of the next meeting of the Senate. § 8. All offices for the weighing, gauging, measuring, culling or inspecting: any merchandise, produce, manufacture or commodity what- ever, are hereby abolished; and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the state in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall pre- vent the creation. of any office for such purposes hereafter. § 9. 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 prac- ticable, by examinations, which, so far as practicable, shall be competi- tive; provided, however, that honorably discharged soldiers and sailors SYUMIE MTGE Alatid JY SADLOSIAL | FYNLIFTLIHIYVY JO NvIUNG SLNFWLYVAIIC TIV YO INIYFIINIONT JO NbVIUNG CYVOd ATddNS. 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FYl1 NO WOISS/WNOD STVYINIW SISTYOS YFLVM - SNOLLINNA NOLLVAYISNOD T1V NOISNVW YITANHIS JO SFIFTLSNYL ; NOISSINWOD AYMHY bd XNOYW GQLSND TLvAld 8O NTENd NI SII Id HOF OIV ILVLS JAWALIO ONYT FHL YO SYINOISS/WWOD SHYPd T7V¥ AO AGOLSND SAVMHO/H JO NeruNgG NOISSINWOD TINNAL ¥ FIGHT ILVLS ‘AN SMOSIHd MIN NO NOISSIWWOD VOISSINWWOD Hibs FLVLS 401 SONNOYD ® SONIOTING SIN/ITIING ® SONNOYD SILIS NO NOISSINWOD dYvog TwNYD SOMATING ATINd FO SFIFLSNYL FJYNLIFTLIHIYY JO NvIUNG SLNFNLYVAFTT T1V YO/ INIYFINIINT JO NVIYNG STATE oF NEW YORK DEPARTMENT OF EDUCATION DEPARTMENT C FARMS & MARKE DEPARTMENT OF DEPARTMENT OF CONSERVATION HEALTH 6 <> S83 SS oS as > s we S§ NN G8 SS <9 QS A GOVERNOR : S S s uy Wy <= KR SVMALANMIA ASNVONONT SNOILONTS ONIMNYE NOVSSINWOD FOIAGIS ATEN YINOISSINWOD NOILVINOIY SFIMSWLN YINOISSINWOD NOLLIIYLSNOD LISNVYL Old ¥ NOISSINWOD LNIWNNOW AN JOY IPAYN NMOISSINWOD AYOWYY FWNIIO S,TWWYINFTD LNVINCOY NMOISSYWWOD INIWFINOGSWE ® INIGTINE SIMLISVHD NOISSIWWOD LNFINSOVINIG TWLIdSOH NOISSIWWOD NOLLWEIOUd FLVLS SNOSIHNS JO NOISSINWOD FILVLS SNOSIYd FLVLS SO LNIONILNIYIANS SNOSIYdD FLVLS YOS F70Hva IO GYvOg OFON/WITGIFS IOC IUWVD YO NOISSINWOD FLYLS SNOILINAA ¥FHLO INYSN/ HOF TWLidSOH sMolonnd W977 |BBE SIALITLIO UINLO ¥ STWNIWISO OFONIW FIGIFS JO SYINIWYXT 40 GHvog SIILIVHO 40 O4VOG FLvLS SNOLLNLILSNI HLIVIH ~ 2 LdFIIXI SNOILINAS YFIHLO SNOMLILILSNI SHFITTOS - 2 SNOLLNLLSNI = TeNOILIFHYOD - L OFONIW FTIIIS YOS SNOLLNLILSN) - F NOMLVIISISSYW TI SO CHVOG FLVLS SMYT NOLLUSNIDWOD PF YOY] QL ONILVIFY SI/LNG IV NOISSIAWOD COOL FLVLS SLIMEYVW FP SWYHYS IO TIDNN09 NOISSINWOD Sid FLVLS AO SNOLLINAS WUNRLTININYIY HEOA MIN JO LY0d AO YFDAKO HLTWIH HLIVIH 40 LNIWLYVAFIO FLVLS TOYLNOD DY WLODYYN 40 NING LQAIOLSO Ie PP CUS AAA IOLA UCUUUCUCU LSI At tlle oka DEPARTMENT OF MILITARY & DEPART INSU DEPARTMENT OF OEPARTMENT OF PUBLIC UTILITIES BANKING NAVAL AFFAIRS DEPARTMENT OF /HSTITUTIONAL CARE DEPARTMENT OF LABOR MENT OF MARKETS DEPART: FARMS & Ty CABINET OR ADVISORY COUNCIL GOVERNOR OF FINANCE COMMISSIONER PUBLIC WORKS CONSERVATION o @ ug & 3 z= § Qe & ~ TeHeP SPEBE GUSTS WIS eel ane bent x ee eee 3 og eeasace Ry 33 gs BUOGET BUREAU 7th July, 1919 -9 Oss8os, & Wage tts ~~ LBSvVess SHEFF HSee = BS 8qs SP RTIK Oss BG SESSES 2 St ree, SU aa) SB esha he 2 PESSSESE Sue RSRe Sy) RS §S. ss Bs aad PSHn oss SSSR hore SS o % GK e LSCLPSSsn ny Sess Wo ” S§ Sa 29 HES oS oa%q TE sohSEss Oo eES8sa 5 Ya @ SLES LS + SRR QRRCRE & oF eSSSS SS VS GSS o> 8 WF VR YG VS SBo8PeVsS HDTESSS VSS | | | a ee Se ee S Q 5 : 3 e 3 oy 92 > S e ADJUTANT GENERAL'S OFFICE ARMORY COMMISSION RAPID TRANS/T CONSTRUCTION COMMISSIONER UTILITIES REGULATION COMMI/SS/ONER: PUBLIC SERVICE COMMISSION NAVAL AIDE VY MONUMENT COMMISSION oe a DEPARTMENT OF DEPARTMENT OF Seaiae PUBLIC. UTILITIES BANKING \BINET OR ADVISORY COUNCIL OVERNOR OMMISSIONER OF FINANCE % " PUBLIC WORKS " "CONSERVATION a "EDUCATION ‘ " HEALTH a ” FARMS & MARKETS " LABOR um "INSTITUTIONAL CARE DIJUTANT GENERAL AVAL AIDE BANKING FUNCTIONS STATE OF NEW YORK 7th July, 1919 INSURANCE FUNCTIONS DEPARTMENT OF INSURANCE S » 3 S = =} S 9 S R uy H S S 2 © aj a wR =~ x - ~% © DEPARTMENT OF DEPARTMENT OF STATE POLICE CIVIL SERVICE ADMINISTRATION OF ORGANIZATION CHART To accompany Report of Encineers’ Apvisory Commirree STATE RECONSTRUCTION COMMISSION to AS OUTLINED BY H. DE B. PARSONS CONSULTING ENGINEER 22 WILLIAM STEET, NEW YORK ConstiruTionaL AMENDMENTS 401 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 im 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. Section three. Resolved (if the Senate concur), That sections eleven, twelve, fourteen and fifteen of Article eight of the Constitution be amended to read respectively as follows: § 11. The Legislature shall provide for a [State] Board of Charties, which shall visit and inspect all institutions, whether (state, county, municipal, private, incorporated or not incorporated, and whether the same receive public aid or not, which are of a charitable{L, eleemosynary, cor- rectional or reformatory] character, excepting ouly such institutions as are hereby made subject to the visitation and inspection of [either of] the commission['s} or cowncil hereinafter mentionedf, but including all re: srmatories except those in which adult males convicted of felony shall -be confined]; a [state commission in lunacy} commission on mental hygiene, which shall visit and inspect all institutions, either public or private, used for the care and treatment of the insane [(not], including institutions for epileptics or idiots{[)J}; a [state commission of prisons] council of correction which shall visit and inspect all institutions used for the detention of sane persons, juvenile or aduli{[s,J charged with or convicted of crime, or detained as witnesses or debtors. § 12. The members of the said board [and of the said commissions] and council shall be appointed by the Governor, by and with the advice and consent of the Senate; and any member may be removed from office by the Governor for cause, an opportunity having been given him’ to be heard in his defense. § 14. Nothing in this Constitution contained shall prevent the Legis- lature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, maintenance and secular education, of inmates of orphan asylums, homes for dependent children or correctional institu- tions, whether under public or private control. Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by [the state board of charities] the body which visits 402 Revort or tHE Reconstruction CoMMIssIoN and inspects such institution pursuant to this article. Such rules shall be subject to the control of the Legislature by general laws. § 15. Commissioners of the State Board of Charities, state commis- sion of prisons and commissioners of the state commission in lunacy, now holding office, shall be continued in office for the term for which they were appointed, respectively, unless the Legislature shall otherwise pro- vide. The Legislature may confer upon the board, council, and com- missionf{’s and upon the board] mentioned in the foregoing sections any additional powers that are not inconsistent with other provisions of the Constitution. Section four. Resolved (if the Senate concur), That the foregoing amendments be referred to the Legislature to be chosen at the next gen- eral election of Senators, and, in conformity with section one of Article fourteen of the Constitution, be published for three months previous to the time of such election. APPENDIX A REPORT TO RECONSTRUCTION COMMISSION OF THE STATE OF NEW YORK ON REORGANIZATION OF STATE GOVERN- MENT BY THE ADVISORY ENGINEERING COMMITTEE APPOINTED BY ENGINEERING COUNCIL [403] REPORT TO RECONSTRUCTION COMMISSION OF THE STATE OF NEW YORK ON REORGANIZATION OF STATE GOVERNMENT BY THE ADVISORY ENGINEERING COMMITTEE APPOINTED BY ENGI- NEERING COUNCIL Juty 17, 1919. Hon. Asram J. Exxus, Chairman, Reconstruction Commission of the State of New York, Hall of Records, Manhattan, New York: Dear Sir: , 1. In the matter of reorganization and consolidation of the existing state departments, boards and agencies, approximately 184 in number, and with respect to the establishment of a proper budget system for the State of New York, the Advisory Engineering Committee appointed by the Engineering Council has carefully considered the information placed before it by you and your representatives. 2. This Committee has studied the organization now in existence and also the proposed reorganizations along each of two general lines, sug- gested by the Committee on Retrenchment, of which Mr. Marling is chairman, namely: (a) Reorganization of the government of the State of New York, involving constitutional amendment and statutory revision. (b) Reorganization of the government of the State of New York, involving statutory revision only. 3. The organization of the state government should secure two general results, namely, a policy responsive to public opinion and an efficient management of the business of the State. For policy, the Governor as Chief Executive should be held responsible. Responsibility for efficient administration also should be definitely placed upon the Governor. As concentration of authority and responsibility is essential, the Governor should be given authority to put his views into effect, subject to necessary legislative action. 4, Efficient management of the business of the State involves organiza- tion changes which will enable the Governor to appoint heads of a limited number of departments reporting directly to him. Under these should be grouped the necessary bureaus or other agencies. 5. Paralleling the growing custom of municipalities to appoint city managers, consideration has been given by this committee to the question of a state manager, but it is concluded that the time is not yet ripe for such a step and will not be until the various departments, boards, com- missions and other agencies are coordinated into a more orderly organizs- tion than now exists [4051 406 Report or tHE Reconstruction CoMMIssion 6. Any change in the elective officers of the State necessitates a con- stitutional amendment. 7. Judging by experiences of our own federal government and other governments, we are of the opinion that it would be feasible to place all responsibility as to administration of state affairs upon the Governor, whom the electorate would elect, together with the Legislature, the Judiciary and a Department of Audit and Control. 8. The practicability of the first of the above forms of reorganization of the state government depends largely upon public opinion and the adequacy of a campaign of education of the voters with this particular end in view. Differences of opinion in this respect now exist and doubt- less will continue to exist. The merits and demerits of the proposition are closely associated with the selection of a right or wrong type of man as Governor. On the whole this Committee concludes that if the electorate of the State is prepared to adopt the necessary amendments to the state Constitution it is reasonable to assume that it will be adequately watchful in the selection of the right type of man for Governor. 9. Some have felt that the time is not ripe for placing so much respon- sibility upon the Governor as involved in the procedure last stated. This is based upon the contention that, in the event the wrong type of man be selected as Governor there might be great difficulty in presenting charges effectively for his removal. . 10. Should constitutional amendment prove not attainable in the early future, then it is the view of this Committee that the Governor should be invested with sufficient authority in the management of State affairs to make him responsible to the electorate for the results accomplished. In addition to the department heads appointed by the Governor there would be elected enough state officers to act as a checking influence upon the Governor, and also to allow various sections of the State to be represented in the state administration. 11. With this object in view, Mr. H. de B. Parsons, on behalf of this committee, has prepared an organization chart for the administration of the State which would require no constitutional amendment, but which would require statutory revision in order to place it in operation. It is based upon the election of the same number of officers as now provided, and the appointment by the Governor of heads of fourteen departments under whose control should be coordinated the needed bureaus for the detailed administration of their affairs. 12. The elected officers would be the heads of certain departments and their duties would consist primarily of those functions set forth by the present Constitution. Rerorr to Reconstruction Commission 407 13. The new departments would be headed by officers appointed by the Governor. In defining the several departments and in grouping bureaus thereunder statutory revision should be effected with the greatest care to prevent overlapping of jurisdiction on the one hand and to guard against lapses in jurisdiction on the other. 14. This Committee believes that all financial accounts should be audited by the State Comptroller. 15. The Governor should have a cabinet or advisory council, consisting of the heads of departments appointed by him, and the duty of such cabinet would be to aid him in coordinating and harmonizing the various functions of the State. 16. A two-year term of office of the Governor is too short in the opinion of this Committee, which believes that the term should be extended to four years. 17. This Committee is firmly of the opinion that at the earliest prac- ticable date an effective State budget system should be installed in the interests of efficiency and economy. 18. We have noted the impracticability of establishing a proper budget system unless coordination is provided for the existing departments, boards, commissions and other agencies created from time to time by legislative act. Under the present plan unsatisfactory performance appears inevitable, owing to division of powers, absence of initiative and lack of coordinated supervisory. control with respect alike to policy, admin- istration and disbursements. Budget Bureau 19. It should be the function of the Governor to submit each year to the Legislature a state budget. The details should be prepared for him by the heads of the several departments and the Governor should act as reviewing officer. 20. This Committee believes that the persons best qualified to estimate the expenditures during a coming year for the needs of the State are those who are familiar with the State’s program and who are charged with the responsibility for expenditures authorized. In order that there shall be agreement, this Committee would place full responsibility on the Governor for the budget, with department heads affording him such assistance as is needed. 21. A successful budget system should provide some elasticity to permit efficient working which is bound to be affected somewhat by elements beyond the control, in advance, of any official. Such elasticity should involve no waste of public funds, but should allow appropriations to be used to the best advantage of the State. 408 Report or THE Reconstruction ComMission Department of Public Works 22. This Committee believes that the construction work of the State should be placed under a Department of Public Works. This department would have a Bureau of Engineering, a Bureau of Architecture, a Bureau of Highways and a Bureau of Canal Administration. 23. Each bureau should have its own Division of Records and of Accounts, with the accounting standardized and audited by the State Comptroller. 24. It is the Committee’s opinion that all new and large engineering and architectural projects should be handled by engineers and architects of wide experience and recognized standing, and that the Bureau of Engineering and the Bureau of Architecture should merely do the routine work of the State. 25. To permit engineering activities to be managed effectively the organization requires, as is true of all lines of complicated administration work, tat adjustments be made carefully to guard against overlapping and lapses of jurisdiction, and also that recognition be given to funda- mental principles, as follows: a. No man in immediate charge of work should be given respon- sibility beyond what may be reasonably expected as regards the range of types of tasks which one man can look after with the aid of proper assistants. b. The organization as a whole should be such that the man in final authority, in respect to the policy, finances, labor, materials and other controlling items, can be reached without delay by the ‘ man in immediate charge of any enterprise. 26. This Committee is firmly of the opinion that for large enterprises to be handled efficiently it is necessary to adhere to the fundamental prin- ciples above stated. In the absence of such organization arrangements, dif- ficulties are bound to arise due to the nonfunctioning of subordinates, who have neither jurisdiction themselves nor ready access to those possessing such authority. Lack of accessibility to the man in authority on the part of those actually managing detailed work results in pigeon-holing, with attending delay erroneously assumed to be required hy the red tape of government formalities. Remarks and Suggestions 27, This Committee has discussed a number of engineering activities, including some which may be reasonably assumed to be part of the program of the State of New York in the early future. Our information is not complete by any means, but we jot down present comment, as follows: Rerort to Reconstruction Commission 409 State Department of Health 28. It is proper for this department to have its own Division of Sani- tary Engineering, which should be given the task of passing upon the reasonableness of all purification arrangements for the treatment of public water supplies, sewage and drainage. Matters of quality of public water supply should be under the jurisdiction of the State Department of Health, and matters of quantity and source of supply should be under the jurisdiction of the Department of Conservation. Conservancy Boards 29. Conservancy boards, sewerage or drainage districts, and joint water districts, judging by experience elsewhere, will be formed in the future. The main point is to see that water or sewerage or drainage districts are formed in compliance with a well-defined plan and policy of the State, providing for the solution of local problems by local authorities, but with adequate protection of neighboring localities. River Cleaning 30. Some of the rivers of the State show objectionable amounts of rubbish and other objects, and it is the belief of this Committee that steps should be taken to keep these waterways clean by procedure which may be likened to street cleaning as conducted by local authorities. Local agencies for conducting river cleaning should be established under state regulation. General Considerations 31. As time progresses some of the elective officers may be dispensed with. If so, the elimination of such officers could be effected by a con- stitutional amendment and their duties concentrated, either under those officers who are retained or under the proper departments. 32. This Committee believes that many consolidations of the bureaus shown on the attached chart can be made. Such consolidation would be in the line of simplification. It is possible that some of the bureaus could be entirely abolished without sacrifice of state efficiency. We are not sufficiently familiar with all the details to make any definite sug- gestion at this time. 33. Bureau heads and bureau organizations should be permanent, while, all the department heads could be appointed by a new Governor. The bureau heads could be removed on charges, but not necessarily changed every time a new administration takes office. 34. This Committee makes at this time no recommendation in respect to salaries, but it is obvious that to insure efficient service and best results 410 Report or tHE Reconstruction ComMIssion for the State the salaries should be adequate to secure officials fully quali- fied by ability and experience. 35. Encouragement should be given to periodic Congresses of State Governors. There are many matters such as conservation of water, con- servation of forests, automobile legislation, divorce laws, ete., of which some are of interest to all states, while others are of importance only to groups of adjacent States. A Congress of Governors meeting say every two years could be a forum for the presentation and discussion of topics common to all States. Such discussions should lead to uniform drafts of bills, which each Governor could bring back with recommendations to his own State. This work would be a function of the Governor. Yours respectfully, GEORGE W. FULLER, Chairman, PAUL G. BROWN, GEORGE F. KUNZ, H. pr B. PARSONS, L. B. STILLWELL, Advisory Engineering Committee. APPENDIX B LIST OF PRESENT STATE DEPARTMENTS, COMMISSIONS AND OTHER AGENCIES [411] LIST OF PRESENT STATE DEPARTMENTS, COMMISSIONS AND OTHER AGENCIES The following is a list of the 188 present state departments, commis- sions and agencies. It includes all regularly constituted independent state agencies and also quasi public and private agencies which in one form or another receive direct state aid. In other words, the purpose has been to list each organization which, for administrative or appropriation purposes, constitutes a separate entity. It is by no means a simple matter to determine beyond question each organization which belongs in this list. or instance, the Boards of Managers of state institutions are in a sense part of the machinery of the control departments, but since they are in almost all cases appointed by the Governor and have some inde pendent responsibilities we have listed them here. The State Charities Aid Association and Prison Association are private agencies, but both have power to visit certain state institutions, and the latter receives state aid for publishing its annual report. Several other private institutions receive direct State aid. These are, also, included in the list: See Chapter Adjutant-General cage saws ds eee sede aw wae ne eels a vin ee 0% 16 Agricultural Experiment Station, Trustees of New York.... 10 Agricultural and Industrial School, Board of Managers of.. 12 Agriculture, Advisory Board for Promotion of..........- ». 10 Agriculture, College of — Cornell University............-. 10 Agriculture, State School of — Alfred University.......... 10 Agriculture, State School of — Farmingdale............... 10 Agriculture and Domestic Science, State School of — Delhi. 10 Agriculture, State School of — Morrisville.............-.. 10 Agriculture, State School of — St. Lawrence University...... 10 Agriculture, Schoharie State School of — Cobleskill........ 10 Aid, State — for places of private and semi-public custody... 7 Aid, State — for blind, deaf and dumb (colleges)............ 10 American Scenic and Historie Preservation Society......... 7 Architecture, Department of........-...esee eee e ee enees 6 Armory Commission ....-.- +. see eee e sere e eee etree eens 16 Attorney-General ........ 006s cee cece eee teen nena 4 Banking Department .....-.- +62 see errr eee ees Papa e unde 14 Battle telat Parke. 2 osanecesketagearaiese se Smee kes 7 414 Report or THE Reconstruction CoMMISSION See Chapter Benninetor, arlene iccccoeeiwat gene eu ease w ame an eben 7 Bill Drafting Commission. (See chart.) Binghamton State Hospital, Board of Managers of.......... 12 Blind, New York Institute for the Education of the.......... 10 Blind, New York State School for the................000- 10 Blind, State Aid for — in certain institutions.............. 10 Blind, State. Commission for the... 20.0026 60 okie ee wee oes 10 Bridge and Tunnel Commission, New York State.......... 6 Bridge Commission, Jterstate.. 25.0.0 bie wale easier 6 Brooklyn State Hospital, Board of Managers of............ 12 Budget Committee, Legislative. (Part IV.) Bronx Parkway Commission............c cee eee eeee cence 6 Buffalo State Hospital, Board of Managers of............. 12 Buildings, Trustees Of PubliG.icidadesn dae ca daevaw ds oes 6 Canal Board. 45st taroe haeieeee tee ow rea oee aes 6 Canal Fund, Commissioners of the.......... Lys Raw aslo 3 Kxeoutive Department :.cs0anisesen gare reaver Ga weerns 1 Fair Commission, State........ SORE ES Glo Sie sie 8 Farms and Markets, Department of...........0ceeseeeenee 8 Fire Island State Park, Commission on......... 26.0 eee eee 7 Fire Marshal, State. (See chart.) Fiseal Supervisor of State Charities...........seseeeeeees 12 Forestry, Board of Trustees of the College of...........-+--- 10 Fort JBrewerton, 44 see psn eit eae eee et eee eam boas % General Herkimer Home, Commissioners of the............ t Geographic Names, Board of........ sees eee e cece eee eees 10 Gowanda State Hospital, Board of Managers of............. 12 Grand Army of the Republic..........0+.+seeeeeeeeeee 16 Giant CORGRG cccewsee teen's Rios t eee ees essa ese s eeRws iT Harbor Masters po 0cscs beac era ee eee ee ee Pere ee ee 6 Health, Department Of ........ 2. cece ee eee teen eee ene 11 416 Report oF THE ReconsrRucTion CoMMISsION See oi Health Officer, Port of New York. ........ 0.0. c cece eens 11 clighwags, epaniiient, Olss.iienscyeeess veuseeeeeue ian’ 6 FLogpital, Contitinsioli; Sie. c.e cence a wenei dls edeeer «war 12 Hospital Development Commission ................4.- selec Ae Hudson River State Hospital, Board of Managers of........ 12 Fosutanée Departnitmt .2adescaakivceigs eee Gar taoadvaees 14 inpetrianidial Sundin Roney .vu.hewseraconn ee aeneeenes 10 Jonny Boyd “Chacher Parks.icsasenewsrcuxweeyakie saan t Kings Park State Hospital, Board of Managers of........... , 12 Labor, Department 6f 2.02. .i venice eecva Cavan ee area eed 9 bake \eunme Dotilereld avavisuassncetcekehwaneewexnow see it Land Onice, Commissioners: of the. cv eccas oe vase ae ewe nes 5 law Hxamimeérs, State Board Bi... 14 vwesseeoseseciee vaneless 10 Legislation, Commissioners for Promotion of Uniform— in U.S. (See chart.) Jetehwori Park sis 529 pane erae ee OL ene eee eee es 7 Letchworth Village, Board of Managers of................. 12 Debrany, Le@sSlativs: wu. dance cobain a wae ae Shee ey owe eae 10 Library, Court of Appeals Law— Albany ................ 10 Library, Court of Appeals Law — Syracuse............... 10 Library, Supreme Court Law— 2d District, Brooklyn...... 10 Library, Supreme Court Law—2d District, Long Island City 10 Library, Supreme Court Law—3d District, Kingston ..... 10 Library, Supreme Court Law— 38d District, Troy ......... 10 Library, Supreme Court Law—4th Disirict, Saratoga SPTINGS: cs Lewd ale REE OE OR eee ESOS eae Back 10 Library, Supreme Court Law— 5th District, Utica ........ 10 Library, Supreme Court Law— 5th District, Watertown.... 10 Library, Supreme Court Law— 6th District, Binghamton... 10 Library, Supreme Court Law— 6th District, Delhi........ 10 Library, Supreme Court Law—6th District, Elmira....... 10 Library, Supreme Court Law— 6th District, Norwich...... 10 Library, Supreme Court Law— 8th District, Buffalo....... 10 Library, Supreme Court Law—9th District, Newburgh.... 10 Library, Supreme Court Law— 9th District, Poughkeepsie... 10 List or Presenr Srare Departments, Erc. 417 See Part Il Chapter Library, Supreme Court Law— 9th District, White Plains.. 10 Library, Supreme Court (Appellate Division), 1st Department, New MOM skeaeyatande ss Gaeed onthe eee eee an eae eran 10 Library, Supreme Court (Appellate Division), 2d Department, PLOC Wie c¢hedehsiwidemeepemea ken ae Ree eee ae we eee 10 Library, Supreme Court (Appellate Division), 3d Department, DANY 208 Want ae dates ers Swi kas Peau eee ele: 10 Library, Supreme Court (Appellate Division), 4th Department, POCUCSED pos cio oan ey gas KEew wa See awaheexeemaxs 10 Lieutenant-Governor, Office of. (See chart.) Long Island Waterway Improvement Board................ 6 Malignant Diseases, Institute for the Study of.............. 11 Manhattan State Hospital, Board of Managers of........... 12 Meagher’s Irish Brigade Monument Commission............ 16 Middletown State Hospital, Board of Managers of...... tee PAS Military Training Commission ..............-. 000-2 eee 10 Mohansic Lake Reservation, Commissioners of the........... 7 Monteglm. Park wcvwecixdeweesed dene eee xs Gee e de SuRRe hes 7 Monuments Commission, New York..............0.200005 16 Narcotic Drug Control, Department of...................4. 11 National Guard, New York....... 2... cece cece ee eee aes 16 Nautical School, Board of Governors of New York........... 10 Dave, MOa. ccna eys ave eueshos Ses eee RheR eee eae wees 16 Newtown Battlefield Commission..............0000 ee eeee 7 Niagara Reservation Commission........... esses eeeerees t Palisades Interstate Park Commission...............++008- » oe Parole for State Prisons, Board of. ......... 0. c eee ee eaes 12 Pension Commission ...... 00.00. eee e eee e cnet eee neas il Phillipse Manor House ........-- eee eee ee eset eee neeee 7 Police, Department of State......... 0. eee cece eee eee 4 Port and Harbor Development Commission, New York-New SGIREY a: ac a Lene sede depos es eveee nes ieee eead ees ee ee 6 Port Wardens, State Board of.........----- eee eee eeee 6 Printing Board, State ........00- ee eee ence eee eee ee ees 1 Prison Association of New York............. cece e eens 12 Prisons, State Commission of........-- sees eee e eee 12 418 Report oF THE REconstRuction Commission See Chapter Prigons, Superintendent of State... oss. .ees sseg en eneeees 12 Probation Commision, Statees STATE COMPTROLLER =| > SUATE TREASURER OFFICE OF LIEUTENANT GOVERNOR EXECUTIVE DEPARTMENT ATTORNEY GENERAL'S OFFICE STATE ENGINEER AND SURVEYOR > Stra ee] >| ete o sae conan | = > aunts me carer LEGISLATURE P>_niconive vane = UNIVERSITY OF THE meee NEW. sl MEAGHER'S IRISH BRIGADE MONUMENT COMMISSION > ane maw] ne | [ol cesstnne ws ca rom] DS) nen eann [> coaraionss orn rie Sr comasor J Sain is oy amin ere si oe a > SALARY CLASSIFICATION courssion | ELECTORATE > STATE BOARD OF CANVASSERS ee CENTRAL SUPPLY COMMITTEE CHARITIES BUILDING AND IMPROVENENT COMMISSION > HOSPITAL DEVELOPMENT CONMISS ION SS INTERSTATE BRIDGE COMMISSION ee BOARD OF GEOGRAPHIC NAMES “& BOARD OF GOVERNORS OF N.Y.STATE NAUTICAL SCHOOL x STATE SCHOOL OF AGRICULTURE AND DOMESTIC SCIENCE AT DELHI BOARD OF TRUSTEES COLLEGE OF FORESTRY . STATE PROBATION COMMISSION STATE FAIR COMMISSION MILITARY TRAINING COMMISSION & NEW YORK MONUMENTS COMMISSION EX-OFFICIO AND | EX-OFFICIO AND APPOINTED. BY THE GOVERNOR FINANCED BUT NOT CONTROLLED AND DOMESTIC SCIENCE AT DELHI = BOARD OF TRUSTEES COLLEGE OF FORESTRY << STATE PROBATION COMMISSION DS sire rin cowisarn ——_ D> [ar rao comer | OL aero ems om > [few or roan Fox os re & INSTITUTE FOR STUDY OF MALIGNANT DISEASES ADVISORY BOARD FOk PROMOTION OF AGRICULTURE Be PENSION COMMISSION N.Y.STATE BRIDGE AND TUNNEL COMMISSION BD.OF RETIREMENT, OFFICBRS AND EMPLOYEES OF STATE HOSPITAL SYSTEM TRUSTEES OF N.Y. AGRICULTURAL EXPERIMENT STATION LONG ISLAND WATERWAY PROVEME BOARD & SCHOHARIE STATE SCHOOL OF MGRICULTURE-- -COBLESKILL STATE AID FOR PLACES IN PRIVATE OR SEMI-PUBLIC CUSTODY BY THE STATE GOVERNOR STATE AID POR COLLEGES & SCHOO fe el D,DRAP & DUMB, AGRICULTURE > BRONK PARKWAY CONMISSION Be. N.Y.STATB COMMISSION FOR THE BLLND > STATE RACING COMMISSION COMMISSIONERS TO BXAMINE VOTING MACHINES BOARD OF EXAMIWERS OF FEEBLB-MINDED CRIMINALS AND OTHER DEFECTIVES SS es owen mai See o ere aaa Sf snes | Peers more] Sf amarceman > COMMISSION O8 WSSt SIDB IMPROVEMENT @EW YORK-NEW JERSEY PORT & HARBOR DEVELOPMENT COMMISSIGL COMMISSION Olt- STATE AND FEDERAL TION- be STATE 6CHOOL OF AGRICULTURE ~~ FARIATNGCDALR STATE FIRE MARSHAL STATE SUP'T OF ELECTIONS STATS TAX DEPARTARNT fee ee [onraxmuawr oF wictware | OF HIGHwAYB SUPERINTENDENT OF PUBLIC WORKS DEPT.Qr NARCOTIC DRUG CONTROL STATE DEPARTMENT CF HEALTH (COUNCIL 7 DEPARTMENT OF ARCHITECTURE DEPARTMENT OF LABOR STATE COMMISSION TOR CéRE OF MENTAL DBFRECTIVES FISCAL SUPERVISOR OF STATE CHARITIES SUPERINTENDENT OF STATE PRISONS TRANSIT CONSTRUCTION COMMISSION FIRST DISTRICT COMMISSION | SECOND DISTRICT nd SUPERINTENDENT OF STATE PRISONS / TRANSIT CONSTRUCTION COMMISSION PUBLIC SERVICE FIRST DISTRICT SECOND DISTRICT CQuMI SSION BANXING DEPARTMENT INSURANCE DEPARTMENT DEPARTMENT OF STATE POLICE EXCISE DEPARTMENT HEALTH OFPICER,PORT OF NEW YORK CIVIL SERVICE COMMISSION STATE BOARD OF PORT WARDENS | | STATE COMMISSION OF PRISONS | | COMMISSION ON L | NEWTOWN BATTLEFIELD COMMISSION & RESERVA N yi ON | | NIAGARA STATE RESERVATION CQMN Q & PALISADES INTERSTATE PARK QMMISS ION : COMNISSIONERS FOR PROMOTION OF UNIFORM LEGISLATION IN TH : TRUSTEES OF WASHINGTON'S I DQUARTERS A NEWBURGH BOARD OF MANAGERS OF BINGHAMTO ATE HOSP BOARD OF MANAGERS OF BROOKLYN STATE HOSPITAL BOARD OF MANAGERS BUFFALO STATE HOSPITAL 2 GOVERNOR WITH CONSENT OF SENATE BOARD OF MANAGERS OF CBNTRAL ISLIP STATE HOSPITA BOARD OF MANAGERS OF GOWANDA STATE HOSPITAL BOARD OF MANAGERS OF HUDSOW RIVER A OSPITAI BOARD OF MANAGERS OF KINGS PARK STATE HOSPITAL BOARD OF MANAGERS OF MIDDLETOWN STATE HOSP1 BOARD OF MANAGERS OF ROCHESTRR STATE HOSPITAL BOARD OF MANAGERS OP ST. LAWRENCE STATE HOSPITAL BOARD OF MANAGERS OF UTICA STATE HOSPITAL BOARD OF MANAGERS OF WILLARD STATE HOSPITAL BOARD OF MANAGERS OP CRAIG COLONY FOR EPILEPTICS BOARD OF MANAGERS OF NEWARK STATE SCHOOL FOR MENTAL DEFECTIVES BQARD OF MANAGERS OP ROME STATE SCHOOL QR } AL DEF BOARD OF MANAGERS OP SYRACUSE STATE SCHOOL FOR MENTA BOARD OF MANAGERS OF LETCHWORTH BOARD OF MANAGERS OF WESTERN HOUSE OF RRFU OR WOME BOARD OF MANAGERS OF NEW YORK STATE REFORMATORY FOR WOMBN BOARD OF MANAGBRS OF N.Y. STATE REPORMATORY (BLMIRA) AND ZASTERW BOARD OF MANAGBRS OF NEW YORK TRAINING SCHOOL FOR GIRLS uo 3 Ms Is S po BOARD OF MANAGERS OF STATE AGRICULTURAL AND INDVSTRIA HOO BOARD OF MANAGRRS OF HOUSB OF REFUGE BOARD OF MANAGERS OF STATE TRAININ HOO QR BO BOARD OF MANAGERS OF STATE REPORMATORY FOR MISDEMEANANTS BOARD OF MANAGERS OF STATE FARM FOR VAGRANTS BOARD OF MANAGERS OF N.Y¥.STATB HOSPITAL FOR THE CARE OP CRIPPLED AND DEFORMED CHILDREN BOARD OF MANAGERS OP N.Y. STATE HOSPITAL FOR TREATMENT OF INCIPIENT PULMONARY TUBERCULOSIS BOARD OF MANacwoc a~ OTHER METHODS OF APPOINTMENT Cy Dee he he eh BOARD OP MANAGRRS OF HOUSE OF REFUGE BOARD OF MANAGERS OF STATE TRA HOO OR N BO BOARD OF MANAGERS OF STATE REPORMATORY FOR MISDRMEANANTS BOARD OF MANAGERS OF STATE FARM FOR VAGRANTS BOARD OF MANAGERS OF N.Y.STATE HOSPITAL FOR THE CARE OF CRIPPLED AND DEFORMED CHILDREN BOARD OF MANAGERS OP N.Y. STATE HOSPITAL FOR TREATMENT OF 4 INC IPIENT PULMONARY TUBERCULOSIS BOARD OF MANAGERS OF N.Y. STATE SOLDIEKS & SAILORS HOM BOARD OF MANAGERS OF N.Y.STATE WOMEN'S RELIEF CORPS BOARD OF MANAGERS OF N.Y.STATE SCHOOL FOR THE BLIND COMMISSIONERS OF THE GBEMBRAL HERK D4ER HOMB STATE SCHOOT OF URE AT ALFR STATE SCHOOL OF AGRICULTURE-MORRISVILLE STATE SCHOOL OF . AGRICULTURE-3T. LAWRENCE UNIVERSITY BENNINGTON BATTLEFIELD CLINTON HOUSE CROWN POINT RESERVATION GRANT COTTAGE SIR WILLLAM JOHNSON MANSION LAKE GEORGE BATTLEFIELD GETCHWORTH PARK MONTCALM PARK PHILLIPSEMANOR HOUSE STONY POINT RESERVATION JOHN BOYD THATCHER PARK FORT BREWERTON BATTLE ISLAND PARK SPY ISLAND STATE VETERINARY COLL. we ALBANY HOME SCHOOL FOR THE INSTRUCTION OF THE DEAF CENTRAL NEW YORK INSTITUTION FOR THE INSTRUCTION OF THE DEAF AND DUMB INSTITUTION FOR THE IMPROVED INSTRUCTION OP DKAF MUTE NEW YORK INSTITUTION FOR THE INSTRUCTION OF THE DEAF AND DUMB LECOUTEULX ST.MARY'S INSTITUTION FOR THB IMPROVED INSTRUCTION OF DEAF MUTES NEW YORK INSTITUTE FOR THE EDUCATION OF THE BLIND ST. JOSEPH'S INSTITUTE FOR THE IMPROVED INSTRUCTION OF DEAF MUTES WESTERN NEW YORK INSTITUTION FOR DEAF MUTBS INTERNATIONAL SUNSHINE SOC LETY STATE AID FOR BLIND I¥_CERTALW IN QNS i COURT OF APPEALS LAW LIBRARY ALBANY COURT OF APPEALS LAW LIBRARY i SYRACUSE * SUPREMB COURT LAW. LIBRARY 2a DIST. BROOKLYN ie SUPREME COURT LAW LIBRARY 24 DIST.L.I.CITY LE Sd. DIST.KINGSTON _ i ae SUPREME COURT LAW LIBHAk{ 3d. DIST. TROY * SUPREME COURT LAW LIBRARY 4th DIST. SARATOGA SPRINGS SUPREME COURT LAW LIBRARY Sth. DIST.UTICA SUPRBMB COURT LAW LIBRARY Sth DIST.WATBRTOW! SUPREME COURT LAW LIBRARY 6th DIST. BINGHAMTON SUPREME COURT LAW L1BRARY 6th DIST. DE SUPREME COURT LAW LIBRARY 6th DIST. BLMIRA SUPREME COURT LAW LIBRARY 6th DIST. NORWICH JUPREME COURT LAW LIBRARY * s 8th DIST. BUFFALO oe SUPREME COURT LAW LIBRARY 9th DIST.NEWBURGR ME COURT LAW LIBRARY 9th D197. POUGHKEEPS 1B * SUPREME COURT LAW LIBRARY 9th DIST.WHITE PLAINS SUPREME COURT YEULATE DIVISION i LAW LIBRARY let. DEPT.NEW YORK SUPREME COURT (APPELLATE DIVISION) $e LAW LIBRARY 20 DEPT. SUPREME COURT PRLIATE DIVISION = LAW LIBRARY 38d DEPT. ALBANY SUPREME COURT (APPELLATE DIVISION) * LAW LIBRARY 4th DEPT. ROCHESTER GRAND ARMY OF THE REPUBLIC UMITED SPANISH WAR VETERANS AMERICAN SCENIC AND HISTORIC PRESERVATION SOCIETY NEW YORK STATE SCHOOL OF CLAY WORKING AND CERAMICS AT ALFRED UNIVERSITY PRISON ASSOCIATION OF NEW YORK STATE CHARITIES ALD ASSOC LATION STATE BOARD OF LAW EXAMINERS (8) THE COURT THE JUDICIARY OF APPEALS [> Board of Regents appoints one. SYMBOLS USED TO DESIGNATE METHODS OF REMOVAL [> With Senate's approval. [> Nothing specified. § Appointed by the Governor. [> 1 “ “© Temporary Pres. of Senate. oO Removed partly by the Senate on Governor's recommendation and Partly nut specified 1 i “ * Speaker of Assembly the Comptroller and the Attorney General ex-officio, and twenty-one members appointed by [} Removed by the Governor alone. [>} The board of managers of the House of Refuge on Randall's Island consists of che Governor, the Society for the Reformation of Juvenile Delinquents in the City of New York. O Removed by the Senate on Governor's recommendation, The College of Agriculture is under the custody of Cornell University which has authority to E appoint investigators, teacherg and other employes to lay out lines of investigation, to pre- scribe fees and charges and requirements for admission, the courses of study and has such other powers as may be proper for the administration of the college. | BOARD OF MANAGERS OF _—_MANHATTAR STATE HOSPITAL 2 The State School of Agriculture at Alfred University is administered by Alfred University in F conjunction with three ex-officio officers, members of the board of managers, namely. the (Omitted Should be inserted after State Commissioner of Agriculture, the Director of the State College of Agriculture and a person Kings Park) annually elected or appointed by the State Grange. e The Supreme Court libraries at Elmira, Norwich, Poughkeepsie, Troy and White Plains are under the care and management of loca! boards of trustees appointed by the Governor. The Supreme Court library at Long Island City is under a board of trustees appointed by the resi- dent Supreme Court justice or justices of the County of Queens. The Supreme Court library of the first district, New York City, which is composed also of the law libraries of the Superior Court of the City of New York and of the Court of Common Pleas of the City and County is consolidated under the care, custody and control of the justices of the Supreme Court of the judicial district. They ascertain yearly the amount necessary for managing the library and certify it to the Board of Estimate and Apportionment of the City of New York who provide PRESENT ORG for the raising and paying of the money. The Supreme Court library of the ninth district ANIZATION located at Newburgh is under the administration of a board of trustees who elect their own successors. The Supreme Court library at Utica is managed by nine members elected by Of THE GOVERNME the members of the Utica Law Library Association. The Court of Appeals Library at Syracuse AT OF THE which is partly supported by State appropriations and partly by county appropriations is under a board of trustees, but is directed by a librarian appointed by the Board of Regents, and several assistants who are employes of the county. The law library of the Appellate Division STATE OF NE 0 K of the Supreme Court located at Rochester is under the supervision and control of five justices constituting the Appellate Division of the Supreme Court in the fourth judicial district. ‘ . RECONSTRUCTION COMMISSION 1919 (SEL APPENDIX B,