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Financial reports (L. 1903, ch. 347), SS 1, 2. shall continue in full force and the powers conferred and the duties imposed with reference to the same upon the officer, board or department which has been abolished, shall thereafter be exercised and discharged by the officer, board or department upon whom is conferred or imposed like powers, functions or duties under the provisions of this act. The park commission, in any city, which at the time this act takes effect, has a general park system which has not been completed by the purchase of lands according to plans heretofore prepared and adopted, is continued in office, notwithstanding the provisions of this act, with all the powers and subject to all the duties, conferred and imposed upon such commission by the law creating such commission and the amendments thereto. (Amended by L. 1899, ch. 581; L. 1900, ch. 415; L. 1901, ch. 525; and L. 1903, ch. 31, in effect March 10, 1903.)

(3) Salaries in cities of second class for 1901. L. 1902, ch. 4. An act relating to salaries, fees and emoluments of

officials, subordinates and employes of cities of the second class. (In effect January 22, 1902.) Temporary.

(4) Annual financial reports, cities of first and second class. L. 1903, ch. 347. An act to provide for annual reports by cities of the

second and third class of their financial condition. (In effect May 6, 1903.)

Section 1. Every city of the second or third class shall annually within sixty days after the close of its fiscal year, make a report of its financial condition to the secretary of state. Such a report shall contain (1) an accurate statement in summarized form and also in detail of the financial receipts of the city from all sources for the last fiscal year; (2) a statement in detail of the debt of said city at the close of the last fiscal year, the nature thereof and the purposes for which it was incurred; (3) and such other, further or more specific information in relation to the cost of any branch of the municipal service or any improvement therein, as may be required by the secretary of state.

§ 2. The secretary of state shall annually before the close of its fiscal

year and as much earlier as practicable, furnish to the chief

Civil Service Law (L. 1899, ch. 370). 8 8.

fiscal officer of every such city, to the mayor thereof and to every officer or board therein having charge of receipts and expenditures for any branch of the municipal service, independently of the mayor and council of such city, printed blanks and forms on which shall be indicated the information required according to the provisions of this act, together with suitable printed instructions as to filling the same. The mayor and chief fiscal officers shall each make a separate report of the financial condition of his city according to the provisions of this act, to the secretary of state, and duly verify the same. In case there is an officer or board having charge of some branch of the municipal service as aforesaid, the secretary of such board, if there be a secretary, and if not, then the president thereof, shall make, if required by the secretary of state, a verified report as to that branch of the municipal service of which it has charge. All or less than all of such officers may unite in making a joint verified report instead of separate reports. If any such report shall not contain the information required by the secretary of state, under the provisions of this act, he may submit a further request or requests to any of said officers therefor, and it shall be their duty to furnish the same without delay. Any oflicer required to make a report under the provisions of this act who shall wilfully neglect and refuse to make the same, or wilfully withhold or suppress any information required by this act to be set forth in a report, shall be guilty of a misdemeanor.

CIVIL SERVICE.

(1) The Civil Service Law..
(2) Removal or suspension of veterans.

156 166

(1) The Civil Service Law. (L. 1899, ch. 370.) $ 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 unclassified 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 employes, all offices filled by appointment by the governor, either upon or without confirmation by the senate, except officers and employes in the executive offices; all election officers, Civil Service Law (L. 1899, ch. 370), SS 10, 12, 13. 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 employments 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. (.1 mended by L. 1902, ch. 270, in effect March 29, 1902.)

§ 10. The classified city service. (C. & G. Gen. Laws, p. 749.)

Rules regulating removals in the city of New York which provide that a statement of the cause of removal be served upon the appointee or employee, and that he be afforded an opportunity to present an explanation in writing, are invalid as being a substantial limitation upon the power of removal conferred on heads of departments by section 1543 of the Greater New York Charter. People ex rel. Brennan v. Scannell, 62 App. Div. 249, 70 N. Y. Supp. 983.

Classification by commission.- The provisions of the above section authorize the civil service commission of a city to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, etc., imposes upon the commissioners duties which are in their nature administrative rather than judicial, and therefore a classification made by them is not reviewable by certiorari. People ex rel. Mack v. Burt, 65 App. Div. 157, 72 N. Y. Supp. 567.

§ 12. Exempt class. (C. & G. Gen. Laws, p. 752.) Exemption as to deputy sheriffs.-- A person appointed as deputy sheriff and assigned to take charge of the heating apparatus in a county jail, and who was expected to and did in fact act as turnkey whenever called upon so to do occupies a confidential position and is exempt from competitive examination under the civil service law. Matter of Blust v.. Collier, 62 App. Div. 478, 70 N. Y. Supp. 774.

$ 13. The competitive class. (C. & G. Gen. Laws, p. 753.) Rejection of examination papers for fraud. - In a mandamus proceeding to compel civil service commissioners to accept examination papers, it is incumbent upon the relator to show, where it is established prima facie that the papers which he sought to have accepted were fraudulent, that he was in no wise responsible for the fraud. People ex rel. Wieland v. Knox, 78 App. Div. 344, 79 N. Y. Supp. 989.

Civil Service Law (L. 1899, cb. 370), & 14.

Action of state commission as to competitive class not reviewable by mandamus.— The action of the state civil service commissioners in placing in the competitive class of the civil service certain employes of the sheriff and register of the county of Kings, made salaried officers under chapter 705 and 706 of the Laws of 1901, is quasi judicial, involving the exercise of judgment and mandamus will not lie to compel the commission to place such positions in the exempt class. People ex rel. Simms v. Collier, 175 N. Y. 196.

$ 14. Exceptions from competitive examinations.- Positions in the competitive class may be filled without examination as follows:

1. Whenever there are urgent reasons for filling a vacancy in the competitive class and there is no list of persons eligible for appointment after competitive examination, the appointing officer may nominate a person to the state or municipal commission 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 examination, but such provisional appointment shall not continue for 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, professional 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 selection 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 a permanent appointment without regard to his standing on such list. (Amended by L. 1902, ch. 355, in effect April 3, 1902.)

Civil Service Law (L. 1899, ch. 370), SS 15, 17.

§ 15. Promotion, transfer, reinstatement, reduction. (C. & G. Gen. Laws, p. 756.)

Promotion for heroism.- The power formerly possessed by the police board of the city of New York to promote, with the approval of the mayor, a member of the police force of that city for special and particular acts of heroism, and his right to receive such promotion, still exists unaffected by constitutional or statutory provisions regulating appointments and promotions in the civil service, and providing for a competitive examination“ when practicable.” People ex rel. Leary, v. Knox, 166 N. Y. 444, rev'g 54 App. Div. 634, 67 N. Y. Supp. 1142.

Promotion of patrolman.— The permanent assignment of a patrolman of the city of New York to duty as a telegraph operator in the telegraph bureau of the police force, which assignment, under the provisions of the New York charter, carries with it the rank and salary of a police sergeant, constitutes a promotion, and, under section 9 of article 5 of the New York State Constitution and the above section of the Civii Service Law, cannot be made except after a civil service examination. People ex rel. Campbell v. Partridge, 89 App. Div. 497, 85 N. Y. Supp. 853.

An increase in the salary of a clerk in the police department who was already receiving the maximum compensation attached to the grade in which his position was classified, constitutes a promotion within the meaning of the above section, and is subject to the civil service rules relating to promotions. People ex rel. Bacon v. Knox, 71 App. Div. 306, 75 N. Y. Supp. 896.

Preference in appointment.— This section does not entitle a veteran to claim a preference in appointment uniess his qualifications and fitness have been ascertained as provided in the civil service law, and the rules and regulations adopted in pursuance thereof. Sweet v. Partridge, 66 App. Div. 309, 72 N. Y. Supp. 699.

Preference in appointment to village office.— The provisions of the above section do not compel the board of trustees of a village in filling a vacancy in the office of street commissioner, caused by the expiration of the term of office of a prior incumbent, to give a preference to a veteran of the civil war in making an appointment to fill such vacancy. People ex re!. Conlin v. Village of Dobbs Ferry, 63 App. Div. 276, 71 N. Y. Supp. 578.

Extension of preference to retention of veterans.- The preference accorded to veterans by the Constitution extends not only to their appointment, but to their retention in employment and their promotion as long as the position exists, assuming that in the meantime they had properly discharged their duties in the employment. Matter of Stutzbach, 62 App. Div. 219, 70 N. Y. Supp. 901, affirmed, 168 N. Y. 416.

$ 17. The labor class in cities. (C. & G. Gen. Laws, p. 757.) Separate registration lists.- The words “district” and “ locality," as contained in the above section authorizing the making up of separate registration lists, refer to some political division of the State created by

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