Page images
PDF
EPUB

Section 12. The following positions shall be includ

ed in the exempt class:

1. The assistant directors of the executive depart- Exempt class. ments.

2. One secretary and one confidential clerk to the mayor, and one confidential clerk to the director of

each executive department.

exempt class.

tion is found to be

3. In addition to the above, there may be included Addition to in the exempt class all other officers or positions, except laborers, for the filling of which competitive or non-competitive examinations shall be found by the When examinaCivil Service Commission to be impracticable. But impracticable. 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 ex- Reasons for exemption shall be stated, separately, in the annual re-emption shall be ports of the said 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 mentioned in the rules. No office or position shall be classified by the Commission in the exempt class, except after public hearing by the Com- Public hearing. mission or any member thereof. Suitable public no- Notice.

stated.

tice of such hearings shall be given by the said Commission. At any such hearing any taxpayer of any city of the first class shall have the right to be heard, either in person or by counsel, either in opposition to or in favor of the proposed exemption. Appoint- Appointment ments in the exempt class may be made without ex- tion. amination.

without examina

Section 13. The competitive class shall include all Competitive class. positions and employments, now existing or hereafter created, of whatever functions, designations or com pensation, 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. Appointments shall be made to, or employment shall Appointments. 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 made in pursuance thereof, by appointment from among those certified to the appointing officer, in accordance with the provisions of Section 14 of this act. Term of eligiThe term of eligibility of an applicant shall be fixed for each list by the Civil Service Commission, at not less than one nor more than three years. Appointments shall be made from the eligible list most nearly appropriate, and a new and separate list shall be created for a stated position only when there is no appropriate list existing from which appointment Appropriate list. may be made. No person shall be appointed or employed under any title not appropriate to the duties

bility.

to be performed; and no person shall be transferred Transfers.

ment.

Proviso.

to any position, subject to a competitive examination, unless he shall have previously passed an open, competitive examination equivalent to that required for such position.

Section 14. Every position or employment in the competitive class, unless filled by promotion, transfer, reinstatement or reduction, shall be filled only in the Mode of appoint- following manner: The appointing officer shall request the certification of eligibles. The Civil Service Commission shall thereupon certify, from the eligible register most nearly appropriate to the position to be filled, the names of the four persons thereon who received the highest averages at examinations held under the provisions of this act: Provided, however, That no such name shall be certified more than four times to the same appointing officer, for the same or a similar position. The appointing officer shall, with sole reference to the relative qualifications and fitness of the candidates, make a selection from the three names certified; unless objction shall be made by him, and sustained by the Commission, to one or more of the persons certified, for any of the reasons stated in section ten. It shall be the duty of the appointing officer to appoint the person, so selected, for a probationary period, as provided in section eight. The provisions of this section (fourteen) shall not apply to positions which are specially excepted by the Commission from competitive examinations, as provided in section fifteen.

Selection.
Objections.

Probation.

Exceptions.

Without competition.

Nominations.

Provisional appointment.

Peculiar and ex

cations.

Section 15. Positions in the competitive class may be filled without competition, only as follows:

1. 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 a competitive examination, the appointing officer may nominate a person to the Civil Service Commission for non-competitive examination; and if such nominee shall be certified by the said 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 examination; but such provisional appointment shall not continue for a longer period than three months, nor shall successive temporary appointments be made to the same position, under this provision.

2. In case of vacancy in a position in the competitive class, where peculiar and exceptional qualificaceptional qualin- tions of a scientific, professional or educational character are required, and upon satisfactory evidence that, for specified reasons, competion in such special case is impracticable, and that the position can be best filled by the selection of some designated person

Suspension of

sions.

of high and recognized attainments in such qualities, the said Commission may suspend the provisions of the statute requiring competition, in such case; but statutory provino such suspension shall be general in its application to such place, and all such cases of suspension shall be reported in the annual report of the Commission, with the reasons for the same.

vice.

3. Where the services to be rendered by an appointee in the service of any city of the first class 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 Temporary serany person on the proper list of those eligible for permanent appointment, without regard to his standing on such list. Successive temporary appointments to the same position shall not be made under this provision. The acceptance or refusal by an eligible of a temporary appointment shall not affect his standing on the register for permanent employment, nor shall the period of temporary service be counted as a part of the probationary service, in case of subsequent appointment to a permanent position.

Section 16. Promotions shall be based upon merit Promotions. and fitness, to be ascertained according to the rules and regulations to be promulgated by the Civil Service Commission in each city, to be approved by the mayor, as herein before provided.

Rules as to trans

Section 17. The Civil Service Commission in each city shall promulgate rules and regulations relating fers, etc. to transfers and reinstatements in the service, to be approved by the mayor, as herein before provided.

Section 18. The non-competitive class shall include only such positions as are not in the exempt class or the labor class, and which it is impracticable, in the judgment of the Civil Service Commission, to include in the competitive class. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is prescribed by the rules of the Civil Service Commission. The said Commission shall state, in its annual report, the number of persons who come within this class, and the character of their services.

Non-competitive

class.

Section 19. The labor class shall include ordinary, Labor class. unskilled laborers. Vacancies in the labor class shall be filled by appointment, from lists of applicants registered by the Civil Service Commission. Preference in employment from such lists shall be according to rules and regulations to be promulgated by the Civil Service Commission in each city.

Section 20. No officer, clerk, or employee in the competitive class or in the non-competitive class of the classified civil service of any city of the first class, who shall have been appointed under the provisions of

Removals, discharges, etc.

Reasons.
Answer.

Suspensions.

Proviso.

Policemen and firemen.

Appointments

conformance with

act.

Duty of appointing officers.

Report.

this act, or of the rules made pursuant thereto, shall be removed, discharged, or reduced in pay or position except for just cause, which shall not be religious or political. Further, no such officer, clerk, or employe shall be removed, discharged or reduced, except as provided in section eight of this act, until he shall have been furnished with a written statement of the reasons for such action, and been allowed to give the removing officer such written answer as the person sought to be removed may desire. In every case of such removal or reduction a copy of the statement of reasons therefor, and of the written answer thereto, shall be furnished to the Civil Service Commission, and entered upon its public records. Nothing in this act shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding thirty days: Provided, however, That successive suspensions are not to be allowed. Nothing in this act shall alter the procedure required for the removal or punishment of policemen and firemen, as provided in article three, section one, of the act of June first, one thousand eight hundred and eightyfive, relating to the government of cities of the first class.

Section 21. No person shall be appointed to, or emshall be made in ployed in, any position in the classified service for which rules shall have been prescribed, pursuant to the provisions of this act, until he has passed an examination, or is shown to be specially exempted from such examination, in conformity with the provisions of this act and of such rules made pursuant thereto. It shall be the duty of each appointing officer of every city of the first class to report to the Civil Service Commission, forthwith upon such appointment or employment, the name of such appointee or employe, the title of his office or employment, the date of commencement of service by virtue thereof, and the salary or compensation thereof, and any separation or a person from the service, or other change therein, and such other information as the Civil Service Commission may require, in order to keep the roster hereinafter. The Civil Service Commission shall keep in its office official rosters of the classified civil service, of the city laborers excepted; and shall enter thereon the name of each and every person who has been appointed to, employed, reduced, or reinstated in, any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, employed, promoted, reduced, or reinstated in, the service in conformity with the provisions of this act and the rules adopted pursuant thereto. These rosters shall be open to public inspection at all reasonable hours. The rosters shall show, in connec

Official rosters.

Open to public inspection.

roster.

tion with each name, the date of appointment, em- Contents of
ployment, promotion, reduction or reinstatement, the
compensation of the position, the title of the position,
and the date and cause of any termination of such
office or employment.

Section 22. It shall be unlawful for the controller of Controller's audit. any city of the first class to audit and approve the warrants for the salary of any person in the classified service, unless the controller shall have previously received notice from the Civil Service Commission that the persons named thereon have been legally appointed.

ligious opinions.

Section 23. No question in any form of application, Political and reor in any examination, shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant; nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discontinued. No discrimination shall be exercised, No discriminathreatened or promised by any person in the Civil Service against, or in favor of, an applicant, eligible or employe in the classified service, because of his political or religious opinions or affiliations.

Section 24. Whoever, after a rule has been duly es

tion.

tablished and published according to the provisions Violations of proof this act, makes an appointment to office, or selects visions of act. a person for employment, contrary to the provisions of such rule, or wilfully refuses, or neglects otherwise, to comply with, or to conform to, the provisions of this act, or violates any of such provisions, shall be deemed guilty of a misdemeanor.

Misdemeanor.

ob

tion of examina

tion.

Section 25. Any commissioner or examiner, or any other person, who shall wilfully, by himself or in cooperation with one or more persons, defeat, deceive or obstruct any person in respect of his or her right of Deception examination or registration according to this act, or structions, etc. to any rules or regulations prescribed pursuant thereto; or who shall, wilfully or corruptly, falsely mark, grade, estimate or report upon the examination or Wilful falsificaproper standing of any person examined, registered or certified pursuant to the provisions of this act, or aid in so doing; or who shall wilfully or corruptly make any false representations concerning the same, or concerning the person examined; or who shall wilfully or False representacorruptly furnish to any person any special or secret tions, etc. information, for the purpose of either improving or Secret informainjuring 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 manner any other False personaperson to personate him or her, in connection with any examination or registration, or application or request to be examined or registered; shall, for each offence, be deemed guilty of a misdemeanor.

tion.

tion.

« PreviousContinue »