_MUNICIPAL SERVICE COMMISSION OF BUREAU OF GOVERNMENTAL RESEAI LIBRARY 44 LIBRARY BUILDING THE CITY OF NEW YORK. As Prescribed and Established December 4, 1903. With Amendments to January 12, 1906. THE CIVIL SERVICE LAW. COMMISSIONERS: WILLIAM F. BAKER, President. R. ROSS APPLETON, ALFRED J. TALLEY. FRANK A. SPENCER, Secretary. U RESEARCH LIBRARY 44 LIBRARY BUILDING 'MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY OF NEW YORK. RULES AND CLASSIFICATION As Prescribed and Established December 4, 1903. With Amendments to January 12, 1906. THE CIVIL SERVICE LAW. COMMISSIONERS: WILLIAM F. BAKER, President. R. ROSS APPLETON, ALFRED J. TALLEY. FRANK A. SPENCER, Secretary. W er GOVERNMENTAL *&**,, MUNICIPAL CIVIL SERVICE RULES. CONTENTS. PACK" PROMULGATING ORDER i I. DEFINITION OF TERMS 5 II. GENERAL PROVISIONS 5. III. ORGANIZATION AND POWERS OF THE COMMISSION 6- IV. CLASSIFICATION 7 V. THE EXEMPT CLASS 8 * VI. THE COMPETITIVE CLASS & VII. Competitive Examinations i4 " 3K " 37 " 3% " 6 " 5 185 " 36 3 1 A " 3. The subjects of rating in such examination, and the relative weights thereof, shall be as follows: Physical development, 20; strength, 20; experience and previous training, 10; written papers, covering knowledge of the ordinary functions of the state and city governments, information as to city streets and localities, writing from memory the substance of orders communicated orally or other- wise, and such elementary subjects as may be prescribed, 50. 4. No applicant shall be eligible for appointment whose ascer- tained average on either the physical development, strength, or written tests is less than 70 per cent., or whose general average is less than 70 per cent. 5. In a competition for promotion in the Police or the Fire Service, the written examination shall cover: the writing of a report to a superior officer on some designated subject; knowledge of the administration, organization and discipline of the Police or the Fire Department; knowledge of the administrative relations of 32 such department with .other branches of the city government; knowledge of laws or ordinances relating to Police or Fire duty; knowledge and construction of departmental rules and regula- tions; knowledge of the simple rules of evidence (in the case of the Police Service), and such other pertinent subjects as the Chief Examiner, subject to the direction of the Commission, may prescribe. Such written examination shall be of higher and more exhaust- ive character as the grade examined for advances. 6. No candidate shall be eligible for promotion whose ascer- tained general average is less than 80 per cent. 7. Whenever a position in either the Police or the Fire Service to which promotion is sought calls for qualifications of a special or technical character, the Chief Examiner may, subject to the direction of the Commission, fix such subjects therefor as may be appropriate, in addition to those required for the promotion in grade; but such subjects shall conform as nearly as possible to those set for similar positions in other Parts of the Competitive Class. 8. The position of engineer of steamer, in Grade I of the Fire Service, shall be filled by special competitive examination, open to all firejnen of the First Grade as defined by section 740 of the City Charter. 9. In every particular not herein specified appointments or pro- motions in the Police or the Fire Service are subject to the general provisions of these rules. Rule Will. THE NON-COMPETITIVE CLASS. 1. The positions in the Non-Competitive Class shall be those of a minor nature, in the city institutions or elsewhere, that it is not practicable to fill either through competition or through registration under the provisions of Rule XIX, and that are specifically desig- nated in the Classification. 2. In each department or institution where there are positions in the Non-Competitive Class there shall be a Board of Examiners 33 for such positions, composed of not less than three superior officers or employees of such department or institution, who shall be desig- nated by the appointing officer therein, subject to confirmation by the Commission. A vacancy in any position in the said Class may be filled by the appointment of any person who, upon nomination by the appoint- ing officer to such Board of Examiners, and upon appropriate non- competitive examination, shall be certified by such Board to be qualified to perform the duties of such position. In any department or institution having a number of such employees in the same class of work, the appointing officer, in order to provide a list permitting immediate selection, in case of necessity, may nominate for exam- ination more than one person, but selection shall be made, in such a case, in the order of the placing of the names upon such list. 3. Such examinations shall be conducted so as to show (a) that the applicant is free from any physical defect likely to interfere with the proper discharge of his duties; (6) that his general char- acter and habits are satisfactory, and (c) that he possesses the requi- site knowledge and ability, or that he is qualified by experience, to discharge his duties efficiently and intelligently. To preserve as far as practicable a uniform standard of qualifi- cations for like positions in different departments the Commission, after consultation with the appointing officer concerned, may pre- scribe uniform conditions and tests of fitness for the guidance and government of the examiners. 4. For the position of trained nurse, when the applicant is a registered nurse, under chapter 293 of the Laws of 1903, a certifi- cate of such registry may, when presented, be accepted in lieu of the examination required herein, and for the position of master, mate -or pilot, the certificate or license of the United States Steamboat Inspection Bureau may be accepted in lieu of such examination. 5. Each Board of Examiners shall transmit to the Commission at the end of each month a statement of the results of the examina- tions they have conducted, setting forth the names of the persons examined or appointed, the compensation of each, and such other information as the Commission may require. 34 Rule XIX. THE LABOR CLASS. 1. Positions in the Labor Class that are not filled through transfer or reinstatement shall be filled by selection, in the man- ner hereinafter provided from among those persons whose names are highest on the most nearly appropriate eligible list, result- ing from the registration, according to priority of application, of duly qualified applicants therefor. 2. The Commission shall establish, and so far as practicable shall maintain continuously, registration lists of persons eligible for employment under each title in the Labor Class, and, where the char- acter of the position requires, may establish separate lists under such titles for each borough and for the counties of Westchester, Putnam, Dutchess, Ulster and Nassau; but a person certified and employed from a borough or county list shall not be eligible for transfer or assignment to work in any other borough or county within six months from the date of such employment. 3. For the purposes of such registration, and of the qualifying examinations required, the Labor Class shall be subdivided as follows: PART I. Laborers and others registered for employment in a designated borough or county; PART II. Mechanics and others registered for employment in any borough ; PART III. Mechanics registered for employment in any borough, subject to trade examination. The positions included in each of the aforesaid subdivisions shall be those so designated in the Classification. 4. Applications for registration for positions in the Labor Class shall be addressed to the Commission on a prescribed form, signed by the applicant with his name or mark, indicating the position sought, stating, under oath, such facts as to his age, residence, citizenship, physical condition, previous occupation and experience as the Commission may require, and accompanied by the certificate of three reputable citizens, whose residences or places of business are within the City of New York or within the county in which he resides, to the effect that they have known him personally for not less than one year, that they believe his character and habits of industry and sobriety to be good, and that they have 35 read his statements and believe them to be correct. If the appli- cant has been employed, at least one of such persons shall be an employer or former employer, who shall certify as to his capacity for the kind of work for which he applies, or an explanation satis- factory to the Commission shall be given as to why such a certificate can not be obtained. If the application is not in the handwriting of the applicant he shall state by whom it was written, giving the name, occupation and address of such person. When the applicant desires to be registered for employment in any recognized trade, he shall state the number of years of his general experience as a journeyman in such trade, and shall present, in addition to the certificates aforesaid, a certificate, signed by a firm, or member thereof, by which he has been employed in such trade, or by a superintendent or master workman, still in the service of such firm, under whom he has worked therein, vouching for his practical capacity and fitness as a mechanic. No certificate required under this clause shall be based upon previous employment in a city department unless signed both by the head of such department, and by the officer under whose personal supervision the services, in such case, were performed. The Gassification of positions in the Labor Class, and the text of this rule shall be printed, for the information of applicants, on the blank form of application, and copies of such form shall be procurable, on the personal or written request of the applicant, at the Labor Bureau of the Commission only. 5. Applications for a given position shall be received either continuously or between fixed dates, as the Commission may by regulation or resolution require; but no such fixed period shall be of less duration than two weeks and public notice thereof shall be given, so far as practicable, in the manner prescribed for a position in the Competitive Class. 6. On the receipt of an application properly filled out and attested, and accompanied by the required certificates, a number shall be affixed thereto, showing the order of such receipt, and the name of the applicant shall be recorded in such order. As often as may be necessary to meet or to anticipate the needs of the service, such applicants shall be notified, in the order of application, to appear for physical examination, at such time and place as the Com- 36 mission may require. The number called for such examination shall be sufficient to provide an adequate registration list, but shall in no case be less than fifty, if that number have applied. No application when filed shall be subject to change, or be returned to the applicant for any reason. 7. On appearing for the physical examination applicants shall be questioned concerning- the statements made in their applica- tion blanks and concerning their previous employment and expe- rience. If the answers made are in any important respect at variance with such statements, examination in such case shall be suspended, and if it appears on investigation, or through information otherwise received, that such applicant has wilfully made a false statement or that he has connived at any false statement made in any certificate, his name shall be removed from any list on which it appears, and he shall be disqualified thereafter for either examination or registration. An applicant who fails to report for physical examination, when duly notified, shall lose his application number, but his name may, in the discretion of the Commission, be again recorded, with- out renewal of his application, if a request in writing, stating the reasons for such failure, be presented not later than ten days there- after. 8. The physical examination shall have reference generally to (a) measurements of weight and height; (6) sight and hear- ing; (0 habits as to the use of stimulants and narcotics; (d) general organic condition, and (c) previous condition of health; and, particularly, to such qualities of strength or endurance as may be important in the kind of work to be performed. For positions in Part III. applicants shall be subjected, fur- ther, to practical tests of skill and capacity in the use of the tools of their trade. The Commission may prescribe limits of age for any position where, in its judgment, the nature of the work to be performed demands, and subject to the provisions of law respecting vet- erans. 9. The names of those persons who are certified by the exam- iners to be physically qualified for the employment sought, and, where the position is in Part III, to be qualified in their respect- ive trades, shall be entered upon the appropriate registration list in 37 the order of original application; except that the names of veterans, thus qualified, shall be placed at the head of such list, in the order of application. No person shall remain eligible for selection for employment from such list who, on the first day of January, April, July or October, in any year, has been carried thereon for one year or longer; but the Commission may, at his request, and in its discretion, allow a re-examination of such person, physically, at the termination of any period of his eligibility, and if he shall again be qualified, as the result of such examination, his name shall be retained on such list for one year from such quarterly date. No application shall remain in force which, on any such date, has run for two years or longer without a call for examination; unless, with the consent of the Commission, it be renewed for a further period of two years. Notice shall be sent, with a copy of this Clause, to each person whose eligibility either for appointment from a registration list or for examination is about to terminate, not less than two weeks in advance of such termination. 10. When the services of laborers are required in any depart- ment, office or institution, the appointing officer thereof shall notify the Commission, stating the character of the work to be performed, the place of employment, the number of persons required, the wages to be paid and the probable duration of such employment. The Commission shall thereupon certify from the appropriate list the names of those standing highest thereon, and, except as herein provided, such certification, and appointments or selections for employment therefrom, shall be made in the manner prescribed by Rule XI for positions in the Competitive Class. The name of any person certified as eligible for employment from a county list in connection with the water supply who shall decline such employ- ment shall be stricken from the list from which such certification is made, unless such declination be for the reason of residence in a township other than that in which the duties are to be performed. 11. In a case of emergency, where it is not practicable to secure laborers from an eligible list with sufficient promptness, or where a list is temporarily exhausted, an appointing officer may hire and employ for a period not exceeding five days as many persons as may be required, but he shall in such a case report 38 his action, with the full particulars thereof, to the Commission, and such action shall be subject to the Commission's subsequent approval. 12. It shall be the duty of an appointing officer to submit in such manner as the Commission may prescribe the report of appointments and changes in the Labor Class required by law, and upon the termination of an employment he shall m each case certify to the Commission the reasons therefor. Where such termina- tion is due to a reduction of force the name of the person affected, if he has been employed for a period of three months or less, shall be restored to the registration list, in its original relative order; if such person has been employed for a longer period than three months, he shall be deemed to be suspended from such employment, and shall be registered upon a preferred list for reinstatement, if his services be again required, in the manner prescribed by Clause I of Rule XIII for positions in the Competitive Class. No person whose employment is terminated for the reason of- failure to work, incompetence, or physical or moral unfitness shall be eligible for re-registration for a period of six months from the date of such termination, and then only upon furnishing to the Commission a satisfactory explanation of his failure to work, or satisfactory evidence that such other disqualification no longer exists. A person employed in a Labor position under these rules, who, after three months' service in such position, left it voluntarily, and without fault or delinquency on his part, may be re-employed in the same position, within one year of the date of his separation, without further examination or registration if there be no persons eligible for reinstatement upon a preferred list for such position. 13. A person who has served with fidelity for. one year in a position in the Labor Class may be transferred to any other posi- tion therein for which he may be shown to possess such qualifi- cations, in respect either to previous experience or to physical or technical fitness, as may be required in the case of original ap- pointment to such other position, on the issuance by the Com- mission of a certificate to such effect; but no person shall be other- wise transferred or assigned to the duties of a different position, except that in the Department of Street Cleaning, during the winter season, persons in the uniformed force may be detailed in 39' emergencies for clerical service in the offices of the snow and ice bureau. 14. Where, through the operation of these rules, the title of an existing registration list is discontinued, the names of persons thereon shall be placed upon such other existing list as the Commission, by resolution, may declare to be most appropriate, in the same order, with relation to other names upon such list, as though they had been originally registered thereon. Rule XX. THE CIVIL LIST AND REPORTS OF CHANGES IN THE SERVICE. i. The Commission shall keep in its office an official roster of the Classified City Service, which shall be known as the " CIVIL LIST," and a transcript of which, omitting the names of persons in the Labor or the Non-Competitive Class, and of date of December 31 of each year, shall be published in the " City Record " during the month of January following. The Commission shall enter upon such roster the name of every person who has been appointed to or employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory, that such person was appointed, employed, promoted or reinstated in con- formity with the provisions of law and of these rules. Such roster shall show opposite or in connection with each name placed thereon the date of appointment, employment, promotion or reinstatement, the compensation of the position, the date of commencement of service, and the date of transfer in or of separation from the service by suspension, removal, resignation, cancellation of appointment or death. Such roster shall also bear the residence, by street numbers where there are such, of each such person, which shall be corrected when such residence is changed, on notice from the said person in writing. 40 2. In preparing the transcript of such roster for publication, or for transmission with its annual report to the State Civil Service Commission, the Commission shall summarize the number of persons employed in the Labor and in the Non-Competitive Class respectively, and, as accurately as practicable, the details of such employment, and, before publishing or transmitting such roster, shall append thereto a copy of such summary. In connection with such annual publication in the " City Record," the Commission shall publish also a separate statement, giving, by departments, the names of all persons whose official status has been changed during the year covered, either by promotion or reduction, or by increase or decrease of compensation, and showing, in each case, the date of such change, the titles of positions interchanged, the differences in salary, and, in cases of advance in status, whether such advance was based upon examination under these rules. 3. It shall be the duty of each appointing officer to report to the Commission in writing each selection made by him for ap- pointment to, or employment or reinstatement in, any position in the Classified Service, except in the Non-Competitive Class, upon the date thereof, stating, in each case, the name of the appointee or employee, the title and character of his office or employment, the date of commencement of service by virtue thereof, and the amount of compensation to be paid; and it shall be the duty of such officer to report to the Commission, in like manner, upon the date of his official action therein or knowledge thereof, in each case, every suspension, removal or resignation from, or transfer to, any such position, with such pertinent data with relation to each as the Commission may require. Rule XXI. CERTIFICATION OF PAY-ROLLS. i. It shall be the duty of the appointing officer in any depart- ment, office or institution the employees of which are paid direct 41 from the treasury of the city to submit to the Commission all pay- rolls for certification, as required by section 19 of the Civil Service Law, and to certify to the Commission that the persons named therein were appointed or promoted to, or employed in the posi- tions indicated, in compliance with the provisions of the Civil Service Law and of these rules, and that they are regularly em- ployed in the performance of the appropriate duties of such indi- cated positions, and have at no time during the period covered by such pay-roll been assigned to the performance of duties apper- taining to any other title. 2. All pay-rolls shall, before transmission to the Comptroller or other fiscal officer of the city, bear the certificate of the Commis- sion that the persons whose names appear thereon have been appointed or employed or promoted in pursuance of the Civil Service Law and of these rules. Such pay-rolls shall in each case be verified by comparison with the official roster, and if it appears that any person whose name is borne thereon has been appointed or employed, or continued in employment, in any manner contrary to the provisions of law or of these rules, such certification, in the case of such person, shall be denied. The Commission, by resolution, may authorize either the Secre- tary or the Assistant Secretary to attach the certificate herein required. Rule XXII. TRANSMISSION OF RULES. The Commission shall transmit a certified copy of these rules within ten days of their promulgation to each board or officer having power of appointment to any office or position in the City Service, and in like manner to each such officer who may hereafter be elected or appointed, on the assumption of the duties and authority of his office. APPENDIX : CLASSIFICATION. 43 CLASSIFICATION OF THE CIVIL SERVICE. THE EXEMPT CLASS. OFFICE OF THE COMMISSIONERS OF ACCOUNTS. Chief Accountant Chief Engineer Chief Clerk 2 Examining Engineers 16 Examiners of Accounts 2 Stenographers to Commissioners 8 Chief Examiners of Accounts 8 Examining Inspectors i Law Examiner ARMORY BOARD. Secretary of the Board BOARD OF ASSESSORS. Secretary of the Board AQUEDUCT COMMISSION. Secretary of the Commission Stenographer to the President Auditor of Accounts 4 DrVision Engineers Chief Engineer Consulting Engineer 2 General Inspectors DEPARTMENT OF BRIDGES. Deputy Commissioner 4 Consulting Engineers Chief Engineer Secretary to the Commissioner BELLEVUE AND ALLIED HOSPITALS. Secretary to the President 3 Chaplains 44 BROOKLYN DISCIPLINARY TRAINING SCHOOL. Superintendent 3 Chaplains DEPARTMENT OF PUBLIC CHARITIES. 3 Superintendents of Bureau of Dependent Adults, for the Boroughs of Manhattan and The Bronx, Brooklyn and Queens, and Richmond, respectively Deputy Commissioner . Secretary to the Second Deputy Second Deputy Commissioner Commissioner Secretary of the Department General Inspector Secretary to the Commissioner 7 Chaplains DEPARTMENT OF CORRECTION. Deputy Commissioner 7 Wardens (Prisons or Workhouse). Secretary of the Department 9 Chaplains Secretary to the Commissioner Secretary to the Board of Parole BOARD OF CITY RECORD. Supervisor of the City Record CITY COURT. Clerk Clerk's Attendant Deputy Clerk CITY MAGISTRATES' COURT. Clerk of each Court , Probation officer (to be appointed under chapter 357, Laws 1903) COURT OF GENERAL SESSIONS. Clerk Attendant to each Judge Deputy Clerk THE MUNICIPAL COURT. Clerk to each District Deputy Clerk for each District in the Boroughs of Manhattan, Brooklyn, The Bronx, and the First District of Queens Clerk to each Justice Assistant Court Clerk 45 COURT OF SPECIAL SESSIONS. Clerk Clerk of the Court for Brooklyn, Queens and Richmond, Second Division Deputy Clerk of the First Division Deputy Clerk of the Second Division Clerk of the Children's Court Deputy Clerk of the Children's Court Clerk of the Children's Court, Sec- ond Division Deputy Clerk of the Children's Court, Second Division Female Probation Officer, in the First Division, to be appointed under chapter 582 of the Laws of 1903 MUNICIPAL CIVIL SERVICE COMMISSION. Secretary of the Commission Assistant Secretary 10 Expert Examiners CORONERS. Chief Clerk in each Borough office I Clerk to each Coroner in the Bor- oughs of Manhattan, Richmond, The Bronx, Brooklyn and Queens Replevin Clerk in each Borough office COLLEGE OF THE CITY OF NEW YORK. Assistant Secretary Secretary to the President Secretary of the College Secretary to the President NORMAL COLLEGE. Bellringer DEPARTMENT OF DOCKS AND FERRIES. Deputj Commissioner Secretary of the Department Secretary to the Commissioner Superintendent of Ferries Assistant Superintendent of Ferries Chief Engineer Cashier BOARD OF EXAMINERS. Clerk to the Board BOARD OF EDUCATION. Secretary of the Board of Education Secretary to the City Superintendent Supt. of School Buildings Supt. of School Supplies BOARD OF ESTIMATE AND APPORTIONMENT. Chief Clerk Stenographer to the Board Chief Engineer Secretary BOARD OF ELECTIONS OF THE CITY OF NEW YORK. Board and 6 Chief Clerks for Boroughs 6 Deputy Chief Clerks for Board and Boroughs 2 Secretaries to Commissioners 2 Stenographers to Commissioners 6 Clerks to Board 20 Clerks for the Boroughs BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK. I Chief Engineer 6 Consulting Engineers I Deputy Chief Engineer 4 Division Engineers I Secretary I Assistant Secretary i Chief Clerk I Auditor I Confidential Secretary Commissioner to each FINANCE DEPARTMENT. 2 Deputy Comptrollers Assistant Deputy Comptroller 14 Auditors of Accounts 3 Deputy Auditors of Accounts 18 Examining Inspectors 7 Expert Accountants Secretary to the Comptroller City Paymaster 7 Deputy City Paymasters Chief Stock and Bond Clerk 7 Stock and Bond Clerks Security Deposit Clerk Collector of City Revenues and Superintendent of Markets Clerk to the Comptroller Deputy Collector of City Reve- nues Deputy Supt. of Markets 10 Bank Messengers Messenger in the Paymaster's office and Auditing Bureau Collector of Assessments and Arrears Deputy Collector of Assessments and Arrears, in each Borough Receiver of Taxes 2 Deputy Receivers of Taxes in each Borough 29 Cashiers 2 Appraisers of Real Estate 7 Examiners of Accounts of Insti- tutions " Deputy Chamberlain 4 Warrant Clerks in the office of the Chamberlain 2 Bank Messengers in the office of the Chamberlain Examiner of Endorsements and Coupons in the office of the Chamberlain Stenographer to the Receiver of Taxes Medical Examiner 47 FIRE DEPARTMENT. Deputy Commissioner Deputy Commissioner Brooklyn and Queens Secretary of the Department Secretary to the Commissioner Secretary to the Deputy Commis- sioner Secretary of the Relief Fund Cashier Manhattan, Richmond and The Bronx Cashier Brooklyn and Queens Inspector of 'Combustibles 4 Chaplains HEALTH DEPARTMENT. Secretary of the Department Sanitary Superintendent 2 Secretaries to the President. Assistant Sanitary Superintendent in 2 Sanitary Engineers each Borough Chaplain 75 Assistants to the Counsel Chief Clerk Secretary to the Corporation Counsel LAW DEPARTMENT. Corporation Attendant to the Corporation Coun- sel Attendant to the First Assistant Corporation Counsel, Brooklyn OFFICE OF THE COMMISSIONER OF LICENSES. Secretary to the Commissioner MAYOR'S OFFICE. Secretary to the Mayor Assistant Secretary Chief Clerk and Bond and War- rant Clerk 3 Executive Clerks Executive Stenographer Chief of the Bureau of Licenses Deputy Chief of the Bureau of Li- censes, Manhattan and The Bronx Deputy Chief of the Bureau of Li- censes, Brooklyn Chief of the Bureau of Weights and Measures DEPARTMENT OF PARKS. Secretary of the Park Board Secretary to each Commissioner Stenographer to the Commissioner for Manhattan and Richmond Stenographer to the Commissioner for Brooklyn and Queens Chief Engineer Brooklyn and Queens Superintendent of Parks Man- hattan and Richmond 2 Assistant Superintendents of Parks The Bronx 2 Assistant Superintendents of Parks Manhattan and Rich- mond Landscape Architect Chief Engineer Manhattan and Richmond Chief Engineer The Bronx Superintendent of Parks Brook- lyn and Queens Superintendent of Parks The Bronx 48 POLICE DEPARTMENT. 3 Deputy Commissioners Complaint Clerk Secretary to the Commissioner Property Clerk Secretary to each Deputy Com- Assistant Property Clerk missioner Auditor of Accounts Stenographer to the Commissioner Stenographer to each Deputy Commissioner OFFICE OF THE BOROUGH PRESIDENT IN EACH BOROUGH. Secretary of the Borough Executive Clerk Stenographer to the President Secretary to the President, Brooklyn Confidential Inspector Manhattan BUREAU OF BUILDINGS IN EACH BOROUGH. Superintendent of Buildings Consulting Architect Asst. Supt. of Buildings Chief Inspector Secretary to the Superintendent BUREAU OF PUBLIC WORKS IN EACH BOROUGH. Commissioner of Public Works Superintendent of Public Buildings Assistant Commissioner of Public and Offices Works Superintendent of Street Cleaning Secretary to the Commissioner of in Queens and in Richmond Public Works Consulting Engineer of Public Superintendent of Highways Buildings Manhattan Superintendent of Sewers Chief Engineer of Sewers, Manhat- Cashier, Bureau of Highways tan Chief Engineer of Highways, Man- hattan QUEENS BOROUGH LIBRARY. Librarian RAPID TRANSIT COMMISSION. Secretary of the Commission 3 General Inspectors Chief Engineer Secretary to the Chief Engineer Principal Assistant Engineer Auditor of Accounts Division Engineers Photographer 49 SINKING FUND COMMISSION. Clerk of the Commission DEPARTMENT OF STREET CLEANING. Deputy Commissioner Secretary to the Commissioner DEPARTMENT OF TAXES AND ASSESSMENTS. Assistant to each Commissioner Secretary to the President Stenographer to each Commissioner Chief Clerk in each Borough except Secretary to the Board Manhattan TENEMENT HOUSE DEPARTMENT. 2 Deputy Commissioners Secretary to the Superintendent Superintendent Brooklyn The Bronx Superintendent The Bronx Assistant Superintendent The Secretary of the Department Bronx Secretary to the Commissioner Stenographer to each Deputy Secretary to the First Deputy Commissioner Commissioner 3 Chief Inspectors DEPARTMENT OF WATER SUPPLY, GAS AND ELECTRICITY. Deputy Commissioner in each Bor- Chief Engineer of Water Supply ough Manhattan Secretary of the Department Chief Engineer of Water Supply- Secretary to the Commissioner Brooklyn Secretary to the Deputy Commis- Chief Engineer of Light and Power sioner, Borough of Manhattan Consulting Engineer of Water Sup- Stenographer to the Commissioner ply Stenographer to the Deputy Com- Consulting Engineer in the Electri- missioner, Borough of Brooklyn cal Bureau Water Register Manhattan Cashier in each Borough Water Register Brooklyn Water Register The Bronx The classification of any office or position in the Exempt Gass, becoming effective through the adoption of these rules at the time of such adoption, shall in no case be deemed to permit a new appointment to such office or position, except where a vacancy exists or may hereafter be created with authority of law; nor shall such classification be deemed to transfer to the competitive class any office or position classified prior to the adoption of this rule as exempt. So THE COMPETITIVE CLASS. PART I. UNGRADED POSITIONS. Croup i Inspectors or Overseers of Public Work: Inspector of Chief Inspector (1) Regulating, Grading and Paving Superintendent of (2) Pipe Laying, Pipes and Hydrants (i) Conduits and Reservoirs (3) Meters and Water Consumption (2) Dam Construction (4) Sewer Construction (3) Dock and Pier Construc- (5) Sewer Connections tion (6) Masonry Construction (4) Street Openings (7) Iron and Steel Construction Assistant Superintendent (8) Cement Tests (9) Dock and Pier Construction tion (10) Dredging Group 2 Inspectors of Buildings or Building Conditions: Inspector of (4) Light and Ventilation (1) Carpentry and Masonry (5) Tenements (2) Iron and Steel Construction Lay Sanitary Inspector. (3) Plumbing Chief Inspector Group 3 Electrical Positions: Assistant Electrical Engineer Inspector of Electric Lighting and Electrician Conductors Dynamo Engineman Group 4 Architectural Positions: Architect, permanently employed Deputy Superintendent of School Plan Examiner Buildings Architectural Draftsman Group 5 Mechanical Engineering Positions: Mechanical Engineer Inspector of Boilers Mechanical Draughtsman Group 6 Law Positions: Junior Assistant Corporation Coun- Assistant Court Clerk. sel Law Examiner Law Clerk Croup 7 Medical Positions: General Medical Officer Coroner's Physician General Medical Superintendent Police Surgeon Medical Superintendent Examiner in Lunacy Deputy Medical Superintendent Oculist Medical Inspector ' Medical Clerk Physician Croup 8 Laboratory Positions: Pathologist Apothecary Bacteriologist Laboratory Assistant Chemist Group g Hospital and Asylum Positions Lay: Superintendent Matron Deputy Superintendent Nurse Supervising Nurse Orderly Steward Croup 10 Library Positions: Superintendent of Library Depart- Librarian ments Assistant Librarian Assistant Superintendent of Library Junior Assistant Librarian Departments Cataloguer Croup ii Positions of a Special or Miscellaneous Character: Arboriculturist Assistant Fire Marshal Attendance Officer Attendant Court Attendant Chief of Bertillon System Collector Temporary Clerk Foreman Bookbinder Bookbinder Bridgekeeper Computer of Assessments Deputy Commissioner of Taxes and Assessments Deputy Supervisor of the City Record Deputy Superintendent of School Supplies Dietician Disinfector Dock Master Doorman (Police Dep't) 52 Examiners : (1) Chief Examiner, Civil Service Commission (2) Civil Service Examiners (3) Examiner, Board of Education (4) Examiner, Board of City Record (5) Examiner of Charitable Institutions Enginemen : (1) Supervisory Engineman (2) Stationary Engineman (3) Pile Driving Engineman (4) Automobile or Locomobile Engineman Foreman of Repair Shops Head Gardener Gardener Interpreter Hydrographer Inspector of (1) Lamps and Gas (2) Combustibles (3) Fire Alarm Boxes (4) Incumbrances (5) Foods (6) Fuel (7) Lumber (8) Weights and Measures (9) Supplies and Repairs Deputy Inspector of Weights and Measures Gas Inspector Chief Gas Inspector Chief Inspector Janitor Janitor Engine-man Director of Menagerie Keeper of Menagerie Keeper of Morgue Keeper on Aqueduct Marine Engineer Matron (Police or Prison Services) Measurer Messenger Oil Surveyor Photographer Prison Orderly Purchasing Agent Searcher 53 Steward Storekeeper Sealer of Weights and Measures Superintendent of (1) Incumbrances (2) Docks (3) Public Baths and Comfort Stations (4) Laundries (5) Supplies and Repairs (6) Hospital Supplies Supervisor of Complaints Teacher Telephone Switchboard Operator Telegraph Operator Veterinarian Visitor, Department of Public Charities Watchman PART [II. THE CLERICAL SERVICE. Group i. Clerks: Office Boy, or Girl Tenement Department Clerk Junior Clerk Chief Clerk Clerk, or Copyist Assistant Secretary Financial Clerk Group 2 Accountants: Accountant Chief Accountant or Bookkeeper Bookkeeper Auditor Examiner Group 3 Stenographers: Typewriting Copyist Stenographer and Typewriter Book Typewriter Court Stenographer Group 4 Statisticians: Statistical Clerk Assistant Registrar of Records Statistician Registrar of Records Tabulator 54 The positions under the above titles are graded according to the amount of the annual compensation, or its equivalent, attaching to each, as follows: Grade 4 $1,200 annually " 5- 1,500 " 6 1,800 7 2,100 8 2,400 9 2,700 Grade A Not exceeding $300 an- nually " B $480 annually " C- 540 " " D 600 " i- 750 " "2900 " 3- 1,050 10 3,000 annually, or over PART III. THE POLICE SERVICE. Grade i Patrolman (Of the First Grade 3 Sergeant Grade as defined by Sec- Detective Sergeant tion 299 of the City " 4 Captain Charter) " 5 Inspector " 2 Roundsman PART IV. THE FIRE SERVICE. Grade I Fireman (Of the First Grade as defined by Section 740 of the City Charter) Engineer of Steamer " 2 Assistant Foreman " 3 Foreman Grade 4 Battalion Chief Chief of Construction and Repairs Chief Instructor Fire Marshal 5 Deputy Chief " 6 Chief PART V. THE PRISON SERVICE. Grade i-Keeper " 2 Head Keeper Grade 3 Head Keeper of Branch Work- house at Riker's Island or Hart's Island Deputy Warden, Kings County Penitentiary PART VI. THE STREET CLEANING SERVICE. Grade I Assistant Stable Foreman Dump Inspector 2 Section Foreman Stable Foreman Dump Inspector Time Collector Grade 3 Assistant Superintendent of Final Disposition Superintendent of Final Disposition , Master Mechanic District Superintendent 4 Assistant Superintendent " 5 Superintendent 55 PART VII. THE ENGINEER SERVICE. Grade i Axeman Draftsman's Helper " 2 Chainman Rodman Draughtsman: (1) Topographical (2) Structural Steel (3) Taxes and Assess- ments " 3 Leveler " 4 Transitman and Computer Engineer Inspector Grade 5 Assistant Engineer: (1) Rapid Transit (2) Bridges and Struc- tural Steel (3) Docks (4) Sewers, Highways and Parks (5) Aqueduct and Water Supply Chief Draughtsman Examining Engineer Hydrographic Engineer Assistant Surveyor " 6 Principal Assistant En- gineer Surveyor THE NON-COMPETITIVE CLASS. Positions in the Department of Public Charities, the Department of Correction, the Bellevue and Allied Hospitals, the New York and Brooklyn Truant Schools, and the Brooklyn Disciplinary Training Schools, as follows: Superintendent New York Training School for Nurses Assistant Superintendent, New York Training School for Nurses Head Pupil Nurse of Training School Pupil Nurse of Training School Trained Nurse Ambulance Driver Apothecary Baker Barber Basket Maker Butcher Cleaner Cook Female Cook Male Cutter Deckhand Hospital Helper, with compensation not exceeding $600 per annum, with maintenance Hospital Helper Mechanic Gardener Driver Laundress Master or Pilot Mate Orderly, with compensation not exceeding $240 per annum, with maintenance Printer Seamstress Stoker Shoemaker Tailor Waiter or Waitress Minor employees, of whatever des- ignation, whose compensation does not exceed $150 per annum, with maintenance 56 Positions in the Department of Public Charities, as follows: Pupil Examiner, with compensation not exceeding $480 per annum, with- out maintenance. Clerical Assistant to be selected from among the patients or other recipients of, or applicants for, care or relief in the department with compensation not exceeding $300 per annum with maintenance, or $420 without maintenance, the number receiving the latter compensation not to exceed twenty. Positions in the Hospitals for Contagious Diseases, Department of Health, as follows: Attending Physician at the Tuber- Fireman culosis Clinics of the Department Gardener of Health Helper Boatman Hospital Physician Carpenter Hospital Clerk Captain Laborer Domestic Medical Interne, with compensation Deckhand not exceeding $10 per month, with Driver maintenance Engineman Nurse Elevator Man Orderly Errand Boy Watchman Positions in the Nautical School, Board of Education, as follows: Superintendent Quartermaster Executive Officer Sailmaker Boatswain Ship's Cook Cabin Boy Steward Cabin Steward Surgeon Captain of Hold Fireman Carpenter Seaman Instructor Wardroom Boy Master-at-Arms Wardroom Steward Positions in the Department of Docks: Master or Pilot Diver Mate Diver's Tender Positions in the Department of Street Cleaning: Deckhand Mate Fireman Marine Engineman Master Positions in the Public Libraries: Cleaner, with compensation not exceeding $20 per month. 57 Positions in the Fire Department: Pilot Positions in the Office of the Borough Presidents and Department of Water Supply: Lighter of Markets THE LABOR CLASS. PART I. Bridge Tender Cleaner (Women) Cleaner ( Women ), Dep't of Education Cleaner (Men), Dep't of Education Driver Driver, Dep't St. Cleaning Dump Boardman, Dep't of St. Clean- ing Driver, St. Cleaning Bureau, Office of the Borough Presidents, Rich- mond and Queens Sweeper, St. Cleaning Bureau, Office of the Borough Presidents, Rich- mond and Queens Dump Boardman, St. Cleaning Bureau, Office of the Borough Presidents, Richmond and Queens Foreman of Laborers, Common Foreman of Park Laborers, Dep't of Parks Foreman of Dock Laborers, Dep't of Docks and Ferries Foreman's Assistant Hostler Laborer, Common Park Laborer, Dep't of Parks Dock Laborer, Dep't of Docks Paver Rammer Stoker Stoker, Marine Sweeper, Dep't of St. Cleaning Sewer Cleaner, Office of the Borough President in each Borough PART II. Batteryman, Fire Dep't Batteryman's Assistant, Fire Dept. Bridge Painter Cabinet Maker Cable Splicer, Fire Dep't Cement Worker Deckhand Elevator Man Flagger Harness Maker Hose Repairer, Fire Dep't Lineman Machinist's Apprentice Marine Sounder, Dep't of Docks Oiler Mechanics' Helper: Mason Pipe Fitter Blacksmith Machinist Plumber Plumber's Apprentice Rigger Scowman, Dep't of St. Cleaning Ship Carpenter Ship Caulker Stone Cutter Stone Mason Wheelwright Wireman Water Tender, Dep't Docks and Fer- ries PART III. Blacksmith Painter: Bricklayer Decorator Carpenter Grainer Dock Builder House Foreman Blacksmith Letterer Bricklayer Striper Carpenter Pipe Caulker Dockbuilder Pipe Fitter Machinist . Plasterer House Painter Plumber Pipe Caulker Riveter Plumber Saw Filer Riveter Tapper Housesmith Tapper's Assistant Machinist Tinsmith and Roofer Varnisher NEW YORK, December 2, 1903. THE foregoing rules and classification, prescribed by the Municipal Civil Service Commission, are hereby approved. SETH Low, Mayor. STATE OF NEW YORK, OFFICE OF THE STATE CIVIL SERVICE COMMISSION, ALBANY, December 4, 1903. The foregoing Civil Service Rules of the City of New York having been duly examined, are hereby approved by the State Civil Service Commission. Attest : [SEAL.] JOHN C. BIRDSEYE, Secretary. 59 CONSTITUTION OF THE STATE OF NEW YORK. ARTICLE V. CIVIL SERVICE APPOINTMENTS AND PROMOTIONS. 9. Appointments and promotions in the civil service of the state, and of all the civil divisions thereof, including cities and vil- lages, shall be made according to merit and fitness, to be ascer- tained, so far as practicable, by examinations, which, so far as prac- ticable, shall be competitive ; provided, however, that honorably dis- charged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in 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. CHAP. 370. AN ACT in relation to the civil service of the state of New York and the cities and civil divisions thereof. Became a law April 19, 1899, as amended by L. 1900, chs. 66 and 675; L. 1902, chs. 270 and 355. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. Short title. This chapter shall be known as the civil service law. 2. Definitions. When used in this chapter, 1. The term " Commission " or " State commission " means the State Civil Service Commission. 2. The term " municipal commission " means the municipal civil service commission of a city. 3. The " civil service " of the state of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division or 6o city, except such offices and positions in the militia and the military departments as are or may be created under the provisions of article eleven of the constitution. 4. The "state service " shall include all such offices and -positions in the service of the state or of any of its civil divisions except a city. 5. The " city service " shall include such positions in the service of any city. 6. The term " appointing officer " signifies the officer, commis- sion, board or body having the power of appointment to subordinate positions in any office, court, department, commission, board, or institution. 3. State civil service commission. The governor is author- ized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same political party, as civil service commissioners, and said three commissioners shall constitute the state civil service commis- sion. They shall hold no other official place under the state of New York. The governor may remove any commissioner, and any vacancy in the position of commissioner shall be so filled by the governor, by and with the advice and consent of the senate, as to conform to said conditions for the first selection of commissioners. The three commissioners shall each receive a salary of three thou- sand dollars a year, and each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. 4. Officers and employees of the commission. The commis- sion may elect one of its members to be president, and may employ a chief examiner, a secretary, and such other officers, clerks and examiners as it may deem necessary or proper to carry out the purposes of this act, and such employees shall hold office during the pleasure of the commission. The chief examiner shall be entitled to receive a salary at the rate of three thousand six hundred dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The secretary, and other officers, clerks and examiners shall receive salaries to be fixed by the commission, and the secretary shall also be paid his neces- sary traveling expenses incurred in the discharge of his duty. The 6i commission may select suitable persons in the official service of the state or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as exam- iners under its direction. Persons so selected shall be entitled to compensation from the commission for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in the case of special and expen examiners employed in the preparation of questions and rating of candidates; the commission shall not expend or authorize the ex- penditure of moneys for any purpose in excess of the sums appro- priated therefor by law. 5. Rooms and accommodations. It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be fur- nished, heated and lighted, at the capitol in the city of Albany, for carrying on the work and examinations of said commission, and said commission may order the necessary stationery, postage stamps, an official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the duty of the officers of the state of New York or of any civil division thereof, at any place where examinations are directed by the commission or its rules to be held, to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same. 6. The powers and duties of the commission. The state civil service commission shall First. Prescribe, amend and enforce suitable rules and regula- tions for carrying into effect the provisions of this act and of section nine of article five of the constitution of the state of New York, as herein provided. The rules prescribed by the state and municipal commissions pursuant to the provisions of this act shall have the force and effect of law. Second. Keep minutes of its own proceedings and records of its examinations and other official action. Third. Make investigations concerning and report upon all mat- ters touching the enforcement and effect of the provisions of this 62 act and the rules and 'regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission and any person in the public service, in respect to the execution of this act, and in the course of such investigations each commissioner and the secretary and the chief examiner shall have power to administer oaths. Fourth. Have power to subpoena and require the attendance in this state of witnesses and the production thereby of books and papers pertinent to the investigation and inquiries hereby authorised and to examine them and such public records as it shall require in relation to any matter which it is required to investigate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legislative law upon a com- mittee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of wit- nesses and the production thereby of books and papers as aforesaid. Fifth. Make an annual report to the governor for transmission to the legislature, showing its own action, the rules and regulations and the exceptions thereto in force, and the practical effects thereof and any suggestions it may approve for the more effectual accom- plishment of the purposes of this act. Sixth. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum. 7. Duties of public officers. It shall be the duty of all officers of the state of New York or of any city or civil division thereof to conform to and comply with and to aid in all proper ways in carry- ing into effect the provisions of this act, and the rules and regula- tions prescribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, pro- motion or reinstatement except in acordance with the provisions of this act and the rules and regulations prescribed thereunder. Any person employed or appointed contrary to the provisions of this act or of the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to em- 63 ploy or appoint, him, the compensation agreed upon for any services per formed under such appointment or employment, or in case no com- pensation is agreed upon, the actual value of such services, and any expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recovered in any such action. 8. Unclassified service ; classified service. The civil service of the state and of each of its civil divisions and cities shall be divided into the unclassified service and the classified service. The unclassi- fied service shall comprise all elective offices; all offices filled by election or appointment by the legislature on joint ballot ; all persons appointed by name in any statute; all legislative officers and em- ployees ; all offices filled by appointment by the governor, either upon or without confirmation by the senate, except officers and employees in the executive offices ; all election officers ; the head or heads of any department of the government, and persons employed in or who seek to enter the public service as superintendents, principals or teachers in a public school or academy or in a state normal school or college. The classified service shall comprise all positions not included in the unclassified service. All appointments or employ- ments in the classified service, except those of veterans of the civil war, honorably discharged from the military or naval service of the United States, shall be for a probationary term not exceeding the time fixed in the rules. 9. Rules for the classified state service. Within one month .after the passage of this act, the commission shall make rules for the classification of the offices, places and employments in the classified service of the state, and thereafter from time to time rules for the classification of the offices, places and employments in such other civil divisions thereof, except cities, as after due inquiry by the com- mission shall be found practicable, and for appointments and promo- tions therein and examinations therefor, not inconsistent with the constitution and the provisions of this act, and shall amend the same from time to time. No examination or registration shall be required of persons to be employed as laborers in the state service. Such rules a.*d any modifications thereof, shall take effect when approved 6 4 by the governor. Due notice of the contents of such rules, and of any modifications thereof, shall be given by mail to appointing of- ficers and heads of departments affected thereby, and such rules shall be printed for public distribution. Subject to the provisions of this act and of the rules established thereunder, the commission shall make regulations for and have control of examinations for the service of the state and the civil divisions thereof, except cities, and shall supervise and preserve the records of the same, but such ex- aminations shall be held at least once a year in each of the following places: Albany, Amsterdam, Auburn, Binghamton, Buffalo, Dun- kirk, Elmira, Geneva, Hornellsville, Ithaca, Jamestown, Johnstown, Kingston, Lockport, Malone, Middletown, Newburg, New York, Ogdensburg, Olean, Oneonta, Oswego, Plattsburg, Poughkeepsie, Rochester, Saratoga, Syracuse, Utica and Watertown; and shall cover in each place all offices and positions for which competitive examinations are required, except such examinations as require special tools, machinery, appliances, or laboratory facilities. 10. The classified city service. The mayor of each city in this state shall appoint and employ suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, and for appoint- ments and promotions therein and examinations therefor; and for the registration and selection of laborers for employment therein, not inconsistent with the constitution and the provisions of this act and shall amend the same from time to time. Such persons shall be municipal civil service commissioners and shall constitute the municipal civil service commission of such city. All appointments or designations of municipal civil service commissioners shall be made in such manner that not more than two-thirds of such com- missioners in any city shall at any time be adherents of the same political party. Such rules herein prescribed and established and all regulations now existing for appointment and promotion in the civil service of said city and any subsequent modification thereof, whether prescribed under the authority of a general law or of any special or local law, shall be valid and take or continue in effect only upon the approval of the mayor of the city and of the state civil service commission. The authority by this section conferred shall not be so exercised as to take from any policeman or fireman any right 65 or benefit conferred by law, or existing under any lawful regulation of the department in which he serves. All examinations herein authorized shall be public, and all rules shall be published, and, with all the proceedings and papers connected with said examina- tions shall be at all times subject to the inspection of said state com- mission and its agents; and said commission shall set forth in its reports the character and practical effects of such examinations, together with its views as to the improvement and extension of the same, and also copies of all rules made under the authority hereby conferred. Subject to the provisions of this act and of said rules, the municipal commission of any city shall make regulations for and have control of examinations and registration for the service of such city and shall supervise and preserve the records of the same. In case, for any reason, the mayor of any city within sixty days after he has the power to appoint, fails to appoint such municipal com- missioners, the state commission shall appoint them to hold office until the expiration of the term of the mayor then in office and their successors are appointed and qualify. It shall be the duty of such persons to prepare and to procure the approval of the rules herein provided for, and, if they fail to do so within sixty days after their appointment, the state commission shall forthwith make said rules. It shall be the duty of such persons to make reports from time to time to the state commission, whenever said commission may request, of the manner in which this law, and the rules and regulations thereunder, have been and are administered, and the results of their administration in such city, and of such other matters as said commission may require, and annually on or before the fifteenth day of January, to make such a report to said commis- sion ; and it shall be the duty of said state commission in its annual report to set out either these reports, or a sufficient abstract or summary thereof, to give full and clear information as to their con- tents. A copy of the roster of the classified civil service of such city shall be transmitted to the state commission with the annual report aforesaid, and shall be filed in the office of said commission as a public record. The mayor may at any time remove any munic- ipal civil service commissioner appointed by him. Whenever a municipal civil service commissioner has been removed by the unanimous vote of the three state commissioners, with the written approval of the governor, or whenever any municipal commissioner 66 shall resign or be removed by the mayor pending an investigation by the state commission of the administration of the civil service of the city in which such person is a municipal commissioner, or when- ever any municipal commissioner shall resign or be removed by the mayor pending a hearing by the state commission of charges preferred against such municipal commissioner, the state commis- sion and not the mayor of such city shall have power to appoint persons to fill such vacancies, and such persons so appointed by the state commission shall hold office as municipal civil service com- missioners of such city until the expiration of the term of the mayor then in office and until their successors are appointed and qualify. Said state commission may also, by unanimous vote of the three commissioners, with the written approval of the governor, remove any municipal civil service commissioner appointed or em- ployed under the authority of this section, for incompetence, in- efficiency, neglect of duty or violation of the provisions of this act,, or of the rules and regulations in force thereunder, or of any of them, specifying in writing the particulars of the incompetency, inefficiency, neglect of duty or violation charged, and filing the same as a public document in the office of the city clerk, or if there be no city clerk, in the office of the clerk of the board of aldermen, and a certified transcript thereof in the office of the state civil ser- vice commission, first giving him an opportunity to make a personal explanation in self-defense. Said state commission may at any time, by unanimous vote of the three commissioners, amend or rescind any rule, regulation or classification prescribed under pro- visions of this section, provided that said state commission shall 1 state the reasons for such action in writing, and file the same and a certified transcript thereof as a public document as hereinbefore provided, and give an opportunity to the municipal civil service Commissioners concerned to make a personal explanation and to file papers in opposition to such action. The said state commission, however, shall not take such action upon any ground other than that the provisions or purposes of this act are not properly or sufficiently carried out by such rule, regulation or classification, nor without specifying in writing and detail in what particular such provisions or purposes are not carried out, nor shall said state com- mission exempt from competitive examination any position, or 67 place or employment in any city without the consent of the municipal commission of such city. 11. Classification. The offices and positions in the classified service of the state or of any city or civil division thereof for which civil service rules shall be established pursuant to this act, shall be arranged in four classes to be designated as the exempt class, the competitive class, the non-competitive class and, in cities, the labor class. 12. The exempt class. The following positions shall be in- cluded in the exempt class: 1. The deputies of principal executive officers authorized by law to act generally for and in place of their principals; 2. One secretary of each officer, board and commission author- ized by law to appoint a secretary; 3. One clerk, and one deputy clerk if authorized by law, of each court, and one clerk of each elective judicial officer; 4. In the state service, all unskilled laborers and such skilled laborers as are not included in the competitive class or the non- competitive class: and in addition thereto there may be included in the exempt class all other subordinate offices for the filling of which competitive of non-competitive examinations may be found to be not practicable. But no office or position shall be deemed to be in the exempt class unless it is specifically named in such class in the rules, and the reasons for each such exemption shall be stated separately in the annual reports of the commission. Not more than one appointment shall be made to or under the title of any such office or position, unless a different number is specifically men- tioned in such rules. Appointments to positions in the exempt class may be made without examination. 13. The competitive class. The competitive class shall in- clude all positions for which it is practicable to determine the merit and fitness of applicants by competitive examination, and shall include all positions now existing, or hereafter created, of whatever functions, designations or compensation, in each and every branch of the classified service, except such positions as are in the exempt class, the non-competitive class or the labor class. 63 Appointments shall be made to or employment shall be given in all positions in the competitive class that are not filled by promotion, reinstatement, transfer or reduction under the provisions of this act and the rules in pursuance thereof, by appointment of those graded highest in open competitive examinations conducted by the state or municipal commission, except as herein otherwise pro- vided. The term, of eligibility shall be fixed for each eligible list at not less than one nor more than four years. Appointment shall be made from the eligible list most nearly appropriate for the group in which the position to be filled is classified, and a new list shall be created for a stated position or group of positions only when there is no appropriate list existing from which appointment may be made. No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he shall have previously passed an open competitive examination equivalent to that required for such position, .or unless he shall have served with fidelity for at least three years in a similar position. Appointments to positions in the state service, the duties of which are confined to a locality out- side o, Albany county, shall, so far as practicable, be made from residents of the judicial district including such locality. The exam- inations shall be public and shall be practical in their character and shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed. Such commissions shall prepare lists of preliminary requirements and subjects of examination for the several positions or groups of positions in the competitive class and shall publish its rules and such information, and advertise such examinations in such manner as the nature of the examinations may require. Each of such com- missions shall require intending competitors to file in its office a reasonable length of time before the date of any examination, a formal application in which the applicant shall state under oath: 1. His full name, residence and post-office address. 2. His age, place and date of his brith. 3. His health and physical capacity for the public service. 4. His right of preference by reason of military or naval service. 6 9 5. His business or employment, and residence for at least the previous five years. 6. Such other information as may reasonably be required touch- ing the applicant's merit and fitness for the public service. Blank forms for such applications shall be furnished by said commissions without charge to all persons requesting the same. Such commissions may require in connection with such application such certificates of citizens, physicians, public officers or others hav- ing knowledge of the applicant, as the good of the service may re- quire. Such commissions may refuse to examine an applicant, or after examination to certify an eligible, who is found to lack any of the established preliminary requirements for the examination or position for which lie applies ; or who is physically so disabled as to be rendered unfit for his performance of the duties of the position to which he seeks appointment ; or who is addicted to the habitual use of intoxicating beverages to excess ; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or mis- conduct; or who has intentionally made a false statement of any material fact, or practiced, or attempted to practice, any deception or fraud in his application, in his examination, or in securing his eligibility or appointment. When the position to be filled involves fiduciary responsibility, the appointing officer, where otherwise per- mitted by law, may require the appointee to furnish a bond or other security and shall notify the state or municipal commission of the amount and necessary details thereof. 14. Exceptions from competitive examination. Positions in the competitive class may be filled without examination as follows: I. Whenever there are urgent reasons for filling a vacancy in any position in the competitive class and there is no list of persons eligible for appointment after competitive examination, the appoint- ing officer may nominate a person to the state or municipal commis- sion for non-competitive examination, and if such nominee shall be certified by such commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive ex- amination, but such provisional appointment shall not continue for ;o a longer period than two months, nor shall successive temporary appointments be made to the same position under this subdivision. 2. In case of a vacancy in a position in the competitive class where peculiar and exceptional qualifications of a scientific, profes- sional or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can be best filled by the selec- tion of some designated person of high and recognized attainments in such qualities, the state or municipal commission may suspend the provisions of the rule requiring competition in such case, but no such suspension shall be general in its application to such place, and all such cases of suspension shall be reported in the annual reports of such commissions with the reasons for the same. 3. When the services to be rendered by an appointee in the state service are for a temporary period not to exceed one month and the need of such service is important and urgent, the appointing officer may select for such temporary service any person on the proper list of those eligible for permanent appointment without regard to his standing on such list. 15. Promotion, transfer, reinstatement, reduction. Vacancies in positions in the competitive class shall be filled, so far as prac- ticable, by promotion from among persons holding positions in a lower grade in the department, office or institution in which the vacancy exists. Promotion shall be based upon merit and competi- tion and upon the superior qualifications of the person promoted as shown by his previous service, due weight being given to seniority. For the purposes of this section an increase in the salary or other compensation of any person holding an office or position within the scope of the rules in force hereunder beyond the limit fixed for the grade in which such office or position is classified, shall be deemed a promotion. No promotion, transfer or reinstatement shall be made from a position in one class to a position in another class un- less the same be specially authorized by the state or municipal com- mission, nor shall a person be promoted or transferred to a position for original entrance to which there is required by this act or the rules an examination involving essential tests or qualifications differ- ent from or higher than those required for original entrance to the position held by such person, unless he shall have passed the exam- ination or attained a place upon the eligible list for such higher position. 16. The non-competitive class. The non-competitive class shall include such positions as are not in the exempt class or the labor class and which it is impracticable to include in the competi- tive class. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is pre- scribed by the rules. 17. The labor class in cities. The labor class in cities shall include unskilled laborers and such skilled laborers as are not in- cluded in the competitive class or the non-competitive class. Vacan- cies in the labor class in cities shall be filled by appointment from lists of applicants registered by the municipal commissions. Preference in employment from such lists shall be given according to date of application. There shall be separate lists of applicants for different kinds of labor or employment, and the commissions may establish separate labor lists for various institutions and departments. Where the labor service of any department or institution extends to sep- arate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for registration for the labor service to furnish such evi- dence or pass such examination as they may deem proper with re- spect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies. 1 8. Official roster; reports of appointing officers. No person shall be appointed to or employed in any position in the classified service of the state or of any city or civil division thereof for which rules have been prescribed pursuant to the provisions of this act, until he has passed an examination or is shown to be especially ex- empted from such examination in conformity with such rules and the provisions of this act. It shall be the duty of each appointing officer of the state or any such civil division thereof, except cities, to report to the state civil service commission forthwith upon such appointment or employment the name of such appointee or em- ployee, the title and character of his office or employment, the date of the commencement of service by virtue thereof and the salary or 72 -compensation thereof, and to report from time to time and upon the date of official action in or knowledge of each case, any separation of a person from the service, or other change therein, and such other information as the commission may require, in order to keep the roster hereinafter mentioned. The commission shall keep in its office an official roster of the classified civil service of the state and of each of the civil divisions thereof for which rules have been prescribed pursuant to this act, except cities, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require -or deem satisfactory that such person was appointed to, pro- moted or reinstated in the service in conformity with the pro- visions of law and the rules prescribed pursuant to this act. The official roster shall show opposite or in connection with each name the date of appointment, employment, promotion or reinstatement, the compensation of the position, the date of commencement of service, and date of transfer in or Separation from service by dismissal, resignation, cancellation of appointment or death. In like manner the municipal commission of each city shall keep in its office an official roster of the classified civil service of such city, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, or employed, promoted or reinstated in the service in conformity with the provisions of law and of the rules, and it shall be the duty of each appointing officer of such city to report to such municipal commission in like manner as is hereinbefore provided for reports from appointing officers to the state commission. 19. Disbursing officers. It shall be unlawful for the comp- troller or other fiscal officer of the state or any city or civil division thereof for which civil service rules have been prescribed pursu- ant to this act, to draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the treasurer or other dis- bursing officer of the state or such city or civil division thereof, for the payment of, or for the treasurer or other disbursing officer of the state or of such city or civil division thereof, to pay any 73 salary or compensation to any officer, clerk or other person in the classified service of the state or of such city or civil division thereof, unless an estimate, payroll or account for such salary or compensation, containing the names of the persons to be paid, shall bear the certificate of the state civil service commission, or in case of the service of a city, the certificate of the municipal civil service commission of such city, that the persons named in such estimate, payroll or account have been appointed or employed or promoted in pursuance of law and of the rules made in pursuance of law. Any officer, clerk or other person entitled to be certified by said commission, or either of them, to the comp- troller, treasurer or other fiscal or disbursing officer of the state or any city or civil division thereof, as having been appointed or employed in pursuance of law and of the rules made in pursu- ance of law, and refused such certificate, may maintain a proceed- ing by mandamus to compel such commission or commissions to issue such certificate. Any sums paid contrary to the provisions of this section may be recovered from any officer or officers making such appointment in contravention of the provisions of law and of the rules made in pursuance of law, or any officer signing or countersigning, or authorizing the signing or counter- signing of any warrant for the payment of the same, and from the sureties on his official bond, in an action in the supreme court of the state, maintained by a citizen resident therein, who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid a tax therein. All moneys recovered in any action brought under the provisions of this section must, when collected, be paid into the treasury of the state or such civil division thereof, except that the plaintiff in any such action shall be entitled to receive for his own use the taxable costs of such action. 20. Preferences allowed honorably discharged soldiers, sail- ors and marines. In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines 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 in appointment and promotion without 74 regard to their standing on any list from which such appointment or promotion may be made to all competitive and non-competitive positions, provided their qualifications and fitness shall have been ascertained as provided in this act and the rules and regulations in pursuance thereof; and the persons thus preferred shall not be disqualified from holding any position in the civil service on account of his age or by reason of any physical disability, provided such age or disability does not render him incompetent to perform the duties of the position applied for. Whenever any list of eligible persons, prepared under authority of this act, shall con- tain the names of honorably discharged soldiers, sailors and marines entitled to preference as aforesaid any reference in this act or in the rules and regulations in pursuance thereof to the persons standing highest on such list shall be deemed to indicate those standing highest of those entitled to preference by the provisions of this section and such person shall be given prefer- ence on any list of registered applicants for employment in the labor service, in accordance with the dates of their several appli- cations as though such applications had been filed prior to those of any persons on such lists not entitled to the preference provided by this section. A refusal to allow the preference pro- vided for in this and the next succeeding section to any honorably discharged soldier, sailor or marine or a reduction of his compensa- tion (intended to bring about his resignation) shall be deemed a misdemeanor, and such honorably discharged soldier, sailor or marine shall have a right of action therefor in any court of compe- tent jurisdiction for damages, and also a remedy by mandamus for righting the wrong. 21. Power of removal limited. Every person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employ- ment in the state of New York or in the several cities, counties, towns or villages thereof, who is an honorably discharged soldier, sailor or marine, having served as such in the Union army or navy during the war of the rebellion and who is an honorably discharged soldier, sailor or marine, having served as such in the volunteer army or navy of the United States during the Spanish war, or 75 who shall have served the term required by law in the volunteer fire department of any city, town or village in the state, or who shall have been a member thereof at the tinfe of disbandment of such volunteer fire department, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of certiorari. If the position so held by any such honorably discharged soldier, sailor or marine, or volunteer fireman shall become unnecessary or be abolished for reason of economy or otherwise, the said honorably discharged soldier, sailor or marine, or volunteer fireman holding the same shall not be discharged from the public service, but shall be transferred to any brajnch of the said service for duty in such position as he may be fitted to fill, receiving the same compensation therefor, and it is hereby made the duty of all persons clothed with power of appointment to make such transfer effective. The burden of proving incompe- tency or misconduct shall be upon the person alleging the same. Nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy, of any official or department. 22. Misdemeanor to obstruct right of examination ; false rep- resentation; impersonation in examination. Any commissioner, or examiner, or any other person who shall willfully by himself or in co-operation with one or more persons, defeat, deceive or obstruct any person in respect of his or her right of examination, or registra- tion, according to any rules or regulations prescribed pursuant to the provisions of this act, or who shall willfully and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified, pursuant to the pro- visions of this act, or aid in so doing, or who shall willfully make any false representations concerning the same, or concerning the person examined, or who shall willfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or who shall personate any other person, or permit or aid in any man- ner any other person to personate him, in connection with any 7 6 examination or registration, or application or request to be exam- ined or registered, shajl for each offense be deemed guilty of a mis- demeanor. 23. Recommendations for appointment or promotion. No- recommendation or question under the authority of this act shall relate to the political opinions or affiliations of any person whatever ; and no appointment or selection to or removal from an office or em- ployment within the scope of the rules established as aforesaid, shall be in any manner affected or influenced by such opinions or affilia- tions. No person in the civil service of the state or of any city or civil division thereof, is for that reason under any obligation to con- tribute to any political fund or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. No person in the said civil service shall discharge or pro- mote or reduce, or in any manner change the official rank or com- pensation of any other person in said service, or promise or threaten so to do for giving or withholding or neglecting to make any con- tribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election. 24. Political assessments prohibited. No officer, agent, clerk or employee under the government of the state of New York or any civil division or city thereof shall, directly or indirectly, use his authority or official influence to compel or induce any other officer, clerk, agent or employee under said government, or any civil division or city thereof, to pay or promise to pay any political assess- ment, subscription or contribution. Every said officer, agent, clerk or employee who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division or city thereof, is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or contribu- tion ; and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting a political assessment, nor shall any person therein give notice of; demand, col- 77 lect or receive any such assessment, subscription or contribution; and no person shall prepare or make out, or take any part in pre- paring or making out, any political assessment, subscription or con- tribution with the intent that the same shall be sent or presented to or collected of any officer, agent or employee, subject to the pro- visions of this act, under the government of the state of New York, or that of any civil division or city thereof, and no person shall knowingly send or present any political assessment, subscrip- tion or contribution to or request its payment of any said officer, agent or employee. Any person who shall be guilty of violating any provision of this section shall be deemed guilty of a misdemeanor. 25. Officers or candidates not to promise influence, et cetera ; " public officer " and " public employee " defined. Whoever, while holding any public office, or in nomination for, or while seek- ing a nomination or appointment for any public office, shall cor- ruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely an- ticipated) in the way of conferring upon any person; or in order to secure or aid any person in securing any office or public employ- ment, or any nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last-named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, pro- motion, removal or increase or decrease of salary of any public officer, shall corruptly use, or promise, or threaten to use any such authority or influence, directly or indirectly, in order to coerce or persuade the vote or political action of any citizen or the removal, discharge or promotion of any officer or public employee, or upon any other corrupt consideration, shall also be guilty of bribery or of an attempt at bribery. Every person found guilty of such bribery, or an attempt to commit the same, as aforesaid, shall, upon convic- tion thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be im- prisoned not less than ten days nor more than two years, or to both said p 78 fine and said imprisonment in the discretion of the court. The phrase " public officer " shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise ; and the phrase " public employee " shall be held to include every person not being an officer who is paid from any said treasury. 26. Attendance of witnesses ; fees. Witnesses and officers to subpoena and secure the attendance of witnesses before said commis- sion, shall be entitled to the same fees as are allowed witnesses in civil cases in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of the commission, and duly proved by affidavit or other- wise to the satisfaction of the said comptroller ; and all state, county, town, municipal and other officers and their deputies, clerks, subor- dinates and employees shall afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belong- ing, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission. 27. Taxpayer's action. The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, or place or employment in viola- tion of any of the provisions of this act, shall not be limited or denied by reason of the fact that said office, or place or employment shall have been classified as, or determined to be, not subject to competitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments. 28. Saving clause. All rules, regulations and classifications for appointment or promotion in the civil service of the state or any city or civil division thereof, not inconsistent with the provisions of this act, established with the approval of the governor or the state 79 commission under authority of law prior to the passage of this act, shall continue in full force and effect until annulled or amended pur- suant to the provisions of this act; and the state civil service com- missioners and the municipal civil service commissioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such exam- inations, shall be continued in full force and effect as if formed under the provisions of this act, subject, however, to such reason- able regulation and revision as the rules shall prescribe. 29. Repeal. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promo- tion in the civil service of the state or any civil division thereof, in- consistent with the provisions of this act are hereby repealed ; pro- vided, however, that any act done or right accruing, accrued or acquired, or liability, penalty, or punishment incurred prior to the passage of this act shall not be affected or impaired ; but the same may be asserted, enforced, prosecuted or inflicted as fully, and to the same extent, as if the several acts herein referred to had not been amended or repealed. 30. When to take effect. This act shall take effect imme- diately. 8o SCHEDULE OF LAWS REPEALED. Laws of. Chapter. Sections. 1883 354 All. 1884 312 AIL 1884 , 357 All. 1884 410 All. 1886 29 ..; All. 1887 464 AIL 1888 119 All. 1890 .., 67 All. 1892 577 All. 1894 681 AIL 1894 716 AIL 1894 717 All. 1895 344 All. 1896 821 All 1897 428 AIL 1898 184 All. 1898 186 All. STATE OF NEW YORK, ) ' ss ' Office of the Secretary of State,] ' I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and the whole of said original law. Given under my hand and the Seal of office of the Secretary [L. s.] of State, at the City of Albany, this 2ist day of April, in the year one thousand eight hundred and ninety-nine. J. B. H. MONGIN, Deputy Secretary of State. 8i PROVISIONS OF THE CHARTER OF THE CITY OF NEW YORK. Laws of 1901, Chapter 466. AUTHORITY AND DUTY OF COMMISSIONERS OF MUNICIPAL CIVIL SERVICE. 125. The municipal civil service commission shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of the civil service law, in so far as it applies to The City of New York, and the rules and regulations prescribed thereunder, or concerning the action of any examiner or subordinate of the commission, or of any person in the classified municipal service, in respect to the execution of that act, and in the course of such investigations each com- missioner and the secretary shall have the power to administer oaths. The municipal civil service commission shall have the further power to subpoena and require the attendance of witnesses, and the production thereby of books and papers pertinent to the investigations and inquiries hereby authorized, and to examine them, and such public records as it shall require in relation to any matter which it is required to investigate. For this purpose the commission shall possess all the powers conferred by the code of civil procedure upon a board or committee and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses or the production thereby of books and papers as aforesaid. WARRANTS FOR PAYMENT OF SALARY OF PERSON WHOSE APPOINT- MENT HAS NOT BEEN MADE UNDER CIVIL SERVICE LAW, PRO- HIBITED. 126. Any officer of said city whose duty it is to sign or countersign warrants, shall not draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the chamber- .lain or other disbursing officer of the city for the payment of salary to any person in its service whose appointment or retention has not been in accordance with the civil service law and its amend- ments and of the valid rules in force thereunder. 82 VETERANS IN MUNICIPAL SERVICE. 127. All veterans either of the army or navy or the volunteer fire departments, now in the service of either of the municipal and public corporations hereby consolidated*who are now entitled by law to serve during good behavior, or who cannot under exist- ing law be removed except for cause, shall be retained in like positions and under the same conditions by the corporation constituted by this act, to serve under such titles, and in such way as the head of the appropriate department or the mayor may direct. HEADS OF DEPARTMENTS ; CONTROL OVER SUBORDINATES ; REMOVAL. 1543. The heads of all departments and all borough presi- dents (except as otherwise 'specially provided) shall have power to appoint and remove all chiefs of bureaus (except the chamber- lain), as also all clerks, officers, employees and subordinates in their respective departments, except as herein otherwise specially provided, without reference to the tenure of office of any existing appointee. But no regular clerk or head of a bureau, or person holding a position in the classified municipal civil service subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explanation ; and in every case of a removal, the true grounds thereof shall be forthwith entered upon the records of the department or board or borough president, and a copy filed with the municipal civil service. In case of a removal, a statement showing the reason therefor shall be filed in the department. The number of all officers, clerks, employees, laborers and subordinates in every department shall be such as the heads of the respective departments and borough presidents shall designate and approve, not exceeding the number limited by any ordinance of the board of aldermen. The duties of all such officers, clerks, employees, laborers and subordinates shall be such as the heads of the respective departments and borough presidents shall designate and approve, subject to the provisions of law and to the ordinances of the board of aldermen. The salaries or wages of all such officers, clerks, employees, laborers and subordinates in every department shall be such as shall be fixed by the board of aldermen upon the recommendation 83 of the board of estimate and apportionment in the manner pro- vided in this act. Any head of department or borough president, may, with the consent of the board of estimate and apportionment, consolidate any two or more bureaus established by law, and may change the duties of any bureau; and it shall be the duty of the head of the finance department to bring together all officers and bureaus authorized to receive money for taxes, assessments or arrears, in such manner that the payment of the same can be made, as nearly as practicable, at one time and place, and in one office. Every head of department or borough president, and every officer of any of the counties contained within the territorial limits of The City of New York, is empowered to make ratable deduc- tions from the salaries and wages of the employees and subordi- nates of his department or office on account of absence from duty without leave ; provided, however, that nothing contained in this section shall effect departments or offices as to which other pro- vision is made by this act for deductions for absence or disci- plinary fines and penalties. Wherever in any department or institution an office, position or employment is abolished, or made unnecessary through the operation of this act, or in any other manner, or whenever the number of offices, positions or employ- ments of a certain character is reduced, the person or persons legally holding the office or filling the position or employment thus abolished or made unnecessary shall be deemed to be sus- pended without pay, and shall be entitled to reinstatement in the same office, position or employment, or in any corresponding or similar office, position or employment, if within one year there- after there is need for his or their services. Whenever such offices, positions or employments are abolished or made unnecessary, it shall be the duty of the head of the department or institution to furnish the names of the person or persons affected to the munici- pal civil service commission, with a statement in the case of each of the date of his original appointment in the service. It shall be the duty of the municipal civil service commission forthwith to place the names of such persons upon a list of suspended employees for the office, or position, or for the class of work in which they have been employed, or for any corresponding or similar office, position or class of work, and to certify the said persons for reinstatement, in the order of their original appoint- 84 ment, before making certifications from any other list. The failure of any person on any such list for reinstatement to accept, after reasonable notice, an office or position in the same, borough and at the same salary or wages as the position formerly held by him shall be held to be a relinquishment of his right to reinstatement as herein stated.