ACT 1389. TITLE 108. CIVIL RIGHTS. Making it unlawful to refuse admission to places of amusement. [Stats. 1893, p. 220.] Codified by §§ 53, 54 of Civil Code. "Superseded by Civil Code, §§ 53, 54 (1905, p. 554). Constitutional. (Greenberg v. Western Turf Assn., 140 Cal. 357; Greenberg v. Western Turf Assn., 148 Cal. 126.)"-Code Commissioner's Note. ACT 1390. An act to protect all citizens in their civil and legal rights. [Approved March 13, 1897. Stats. 1897, p. 137.] Codified by §§ 51, 52, Civil Code, adopted 1905. ACT 1400. TITLE 109. CIVIL SERVICE COMMISSION. An act to provide for a general system, based upon investigation as to merit, efficiency and fitness, for appointment to and holding during good behavior of office and employment under state authority and, in that behalf, to create a state civil service commission, t prescribe its powers and duties, to make the willful violation of the provisions of this act a misdemeanor, to repeal all acts and parts of acts inconsistent herewith in so far as they may be inconsistent with the provisions of this act, and to make an appropriation therefor. [Approved June 16, 1913. Stats. 1913, p. 1035.] Amended 1919, p. 1338; 1921, p. 958; 1921, p. 1020; 1923, p. 658. § 6. Duty of state officers. § 7. Appointments to be under act. Exceptions. Position may be declared exempt. § 8. § 9. § 10. Rules for classification of positions. Method of making appointments. Appointments for probationary period. Character of examinations. Preliminary requirements. Application blanks. May refuse to examine. Appointing power may require bond. § 11. Temporary appointments. Emergency appointments. Promotions. Transfer. Tenure of office. Written charges. Publie hearing. Judgment not subject to review. § 12. § 13. § 14. § 15. § 16. § 17. Reports of appointees, etc. Official roster. Employment of laborers. § 18. Penalty for false marking, grading, etc. 19. Soliciting prohibited. 20. § 21. Promise of advancement for political influence prohibited. § 22. Appointing power must pay persons accepting appointment in good faith. § 23. Political or religious opinions not to be considered. $ 28. Purpose of act to give preference to veterans. § 29. Interpretation by court. § 30. Constitutionality. § 31. Repeal of inconsistent acts. § 1. Definitions of terms. First-The term "commission" as used in this act means the "state civil service commission" herein created, and the term "commissioner" as used in this act means one of the three members of that commission, all unless such terms are plainly used with some other meaning. Second-That terms "position" and "positions" as used in this act include all offices and employments under state authority, whether there be any salary or other compensation or emolument connected therewith, except offices held by elective officers as such and also except the militia and all offices and employments as now or hereafter provided by virtue of or under article eight of the constitution of the state, and except county and township offices and employments. Third-The term "appointing power" as used in this act includes all persons whether acting singly or in conjunction with others in any way whatsoever, either by nomination or confirmation or as a board or commission or otherwise, in selecting anyone to hold any position as that term is so used in this act. Fourth-The term "appointment" as used in this act includes all means of selecting and employing anyone to hold any position as that term is so used in this act. [Amendment of May 27, 1919. In effect immediately. Stats. 1919, p. 1338.] § 2. Civil service commission created. Compensation. There is hereby created a commission known as the "state civil service commission" which shall consist of three commissioners one of whom shall be the executive member and the other two shall be associate members, each of which members shall be appointed by the governor for the term of four years from the expiration of the respective terms of the members in office at the time this amendatory act taks effect. Vacancies shall be filled by appointments by the governor for the unexpired terms. Any commissioner may be removed by concurrent resolution of both houses of the legislature adopted by a two-thirds vote of each house. The member appointed to the position of executive member of said commission shall be ex officio president of the commission. He shall receive as compensation for his service the sum of four thousand dollars per annum and devote all his time to the duties of his office, which shall be maintained at the city of Sacramento. Each of the associate members of said commission shall receive as compensation for their services ten dollars per day while actually engaged in the duties of their office, not to exceed five hundred dollars each in any one year. All members of the commission shall receive their actual and necessary traveling expenses incurred in the performance of their duties. The total and items of all expenditures and obligations made, authorized and incurred by the commission shall not exceed the sums appropriated therefor by law. The names "commission" and "commissioners" as used in the act of which this is amendatory shall be construed to mean the executive head of the commission except that, in relation to the enactment of rules and regulations, the classifications and exemptions of places of employment and the dismissals from the public service, the votes of two members of the commission shall be necessary. In all other respects the duties, powers and functions now or hereafter conferred upon the civil service commission or commissioners are hereby vested in and conferred upon the executive member of said commission. [Amendment approved May 31, 1921. Stats. 1921, p. 1021.] § 3. Employees. The commission shall employ a chief examiner and secretary, which offices may be combined, and such other employees as it may deem necessary or proper to carry out the purposes of this act. Their compensation shall be fixed by the commissioner, and they may be paid necessary traveling expenses incurred in the discharge of the duties. The duties of the chief examiner, secretary and other employees shall be prescribed by the commission, subject to the provisions of this act. It shall be the duty of the secretary to keep the minutes of the meetings of the commission and perform such other services as may be assigned him by the commission. The commission may select suitable persons to assist in examinations under its directions. The compensation of such assistants shall not exceed five dollars per day, except in the case of special and expert examiners employed in the preparation of questions and rating of candidates; and when the persons so selected are in the official service of the state it shall be deemed a part of their official duty to serve as such assistants without additional compensation. [Amendment of May 27, 1919. In effect immediately. Stats. 1919, p. 1339.] § 4. Office accommodations. The commission is authorized to secure in the city of Sacramento suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted, for carrying on the work of the commission and the commission may order the necessary stationery, postage stamps, and official seal and other articles to be supplied, and the necessary printing to be done for its official use. [Amendment of May 27, 1919. In effect immediately. Stats. 1919, p. 1339.] § 5. Duties of commission. The commission shall: First-Classify and grade positions. Classify positions to be held under state authority in accordance with the provisions of this act and in accordance with the duties attached to such positions. The commission shall grade all positions within each class with respect to salaries, to the end that like salaries shall be paid for like duties, and shall establish minimum and maximum salary limits for each grade in its classification of positions, and shall provide by rule for advancement of salary within each grade on the basis of efficiency and length of service. Such classes and grades may from time to time be amended, added to, consolidated or abolished by the commission, but persons holding positions under the original classification or grade shall not be affected thereby. Second-Hold examinations. Hold examinations to determine the merit, efficiency and fitness of applicants for positions, and prepare properly classified eligible lists from applicants so examined. All questions for examination shall be prepared under the supervision of the commission or chief examiner and delivered to the examining board or to the candidates by one of the commissioners or chief examiner or by an examiner specially designated to perform such service. Third-Enforce act. Enforce the provisions of this act and prescribe, and enforce suitable rules and regulations for carrying the same into effect and from time to time amend and repeal the same. Fourth-Keeping minutes. Keep minutes of its own proceedings and records of its examination and other official actions. Fifth-Efficiency records. Records of individual efficiency of holders of positions in performing their duties shall be established in all offices and places of employment affected by this act. Such records shall be made by the appointing power, unless otherwise directed by the commission, and under and in accordance with such rules and regulations as the commission may prescribe, and a copy of such records shall be filed with the commission. The commission shall investigate all such efficiency records and may make its own records, and shall rate upon such records the item of "ascertained merit" in examinations for promotion. The commission shall establish and enforce rules and regulations under which records of unsatisfactory service may lead to reduction in grade and compensation of the person holding the position concerned, and shall further provide for the manner in which persons falling below the standards of efficiency fixed by its rules and regulations may be removed from their positions by the commission proceeding substantially as provided in this act and with the same effect as in case of removals by the appointing power. Sixth-Make investigations. Make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this act and the rules and regulations prescribed thereunder; inspect all state institutions, offices, places of employment and services affected by this act, and ascertain whether this act and all such rules and regulations are obeyed. Such investigation may be made by any commissioner, or chief examiner, or by any other authorized agent of the commission. In the course of such investigation any commissioner, or chief examiner or such other authorized agent of the commission, or the secretary of the commission, shall have power to administer oaths, subpoena and require the attendance in this state of witnesses and the production thereby of books, papers, documents and accounts appertaining to the investigation but not requiring the attendance of witnesses either with or without books, papers, documents or accounts unless residing within the same county or within thirty miles of the place of attendance. Seventh-Rules governing hearings. All hearings and investigations before the commission, or any commisioner, or the chief examiner or such other authorized agent of the commission shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor any commissioner, nor the chief examiner nor such other authorized agent of the commission shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony before the commission or any commissioner, or the chief examiner or such other authorized agent of the commission shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission. Compelling attendance of witnesses. The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held by the commission, or any commissioner, or the chief examiner of such other authorized agent of the commission shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books, papers, documents and accounts, as required by any subpoena issued by the commission, or any commissioner, or such other authorized agent of the commission or the secretary. The commission, or the commissioner, or the chief examiner or such other authorized agent of the commission before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of such books, papers, documents or accounts, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce such books or papers or documents or accounts required by the subpoena, before the commission, or the commissioner, or the chief examiner, or such other authorized agent of the commission, in the matter named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, com/ pelling the witness to attend and testify or produce such books or papers or documents or accounts before the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission. Order directing witness to appear. The court, upon the petition of the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission, or such commissioner, or the chief examiner or such other authorized agent of the commission. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission, or any commissioner, or the chief examiner or other authorized agent of the commission, or the secretary, the court shall thereupon enter an order that said witness appear before the commission, or such commissioner, or the |