Rules for Classified Civil Service

Rule XV. Transfers

Transfers from one department, office or institution to another may be made with the approval of the commission and upon mutual consent of the appointing officers of the departments, offices or institutions affected, as follows:

1. A person originally appointed from an eligible list, who has served for three months in any grade, may be transferred to a similar position in the same group and grade; or in the discretion of the commission may be transferred without change of grade to a similar position in another group, or to a position in the same or a lower grade involving essential tests or qualifications lower than those required for original entrance to the position held by such person.

2. A person holding a position in the competitive class who did not enter the service by qualifying in an open competitive examination may be transferred in accordance with section 1 of this rule, provided he has served con. tinuously for at least three years in a position in the same group and three months in the same grade as that from which transfer is proposed. Matter of Nammack, (1911) 145 App. Div. 289.

3. Transfer from an exempt or non-competitive position to a competitive position, or from a position in the competitive class to a position in a different group of such class, shall be allowed only when the person transferred has qualified in an open competitive examination and is eligible for certification and appointment from the appropriate eligible list for the position to which transfer is proposed and is so certified and appointed. Such certification and appointment shall remove the name of the person transferred from the eligible list. No such transfer shall be allowed when there is an appropriate list of persons eligible for promotion to the position proposed to be filled by transfer. People v. Milliken, (1910) 68 Misc. 101, 124 N. Y. Supp. 924; People v. Milliken, (1910) 66 Misc. 192, 122 N. Y. Supp. 793.

4. The foregoing sections of this rule shall apply to transfers between the state service and the service of the counties and villages to which the state civil service rules have been extended, provided that in transfers from state to county or village service only legal residents of the county or village affected may be transferred, and provided that no person may be transferred from county or village to state service under the provisions of sections 1 and 2 of this rule unless such person was, at the time of original appointment in the county or village service or at the time of the request for transfer, eligible for certification and appointment to the position to which transfer is sought in the state service; and further provided that in transfers from county to village service only legal residents of the village affected may be transferred, and provided that no person may be transferred from village to county service under the provisions of sections 1 and 2 of this rule unless such person was, at the time of original appointment in the village service or at the time of the request for transfer, eligible for certification and appointment to the position to which transfer is sought in the county service. No transfer shall be allowed from the service of one county or village to that of another county or village. People v. Milliken, (1910) 66 Misc. 192, 122 N. Y. Supp. 793.

5. A person holding a position in the non-competitive class may be transferred to a similar position in the same class.

Rule XVI. Reinstatement in Service

1. Any person who has held a position by appointment under the civil service rules, as the result of examination, and who has been separated from

Rules for Classified Civil Service

the service through no delinquency or misconduct on his part, may be reinstated without re-examination in a vacant position in the same office, department or institution, and in the same group, subdivision and grade, within one year from the date of such separation; or may be appointed within one year from the date of separation from the service, to a position to which he was eligible for transfer; provided that for original entrance to the position proposed to be filled by reinstatement, or appointment, there is not required by these rules, in the opinion of the commission, an examination involving essential tests or qualifications different from or higher than those involved in the examination for original entrance to the position formerly held by the person proposed to be reinstated or appointed. People v. Lynch, (1914) 164 App. Div. 517, 149 N. Y. Supp. 897.

2. Whenever in any department, office or institution a position is abolished, or whenever the number of positions of a certain character is reduced, or whenever by reason of lack of appropriation or lack of work it becomes necessary to discharge or suspend one or more of several persons holding the same position, veterans of the civil war shall be entitled to preference in retention in such positions over other persons. Persons legally holding such positions as the result of examination, at the time of such reduction, suspension or discharge shall be entitled to reappointment or reinstatement in the same position or positions if they are thereafter within one year re-established under the same or any other designation. The names of such persons shall be entered upon lists of suspended employees and shall remain thereon for a period of one year. Upon notice of a vacancy in the same or a similar position, names from such lists of suspended employees shall be certified to the appointing officer in preference to names from the eligible lists. Certification from such lists of suspended employees shall be made as follows: First, veterans of the civil war in the order of their original appointment to the position from which separated; second, other persons in similar order. Persons specified in the first class above mentioned shall be entitled to certification for positions to which they are eligible in any department, office or institution, but persons specified in the second class shall be entitled to certification only to the department, office or institution from which they were separated.

3. A person who has served continuously as the result of examination for at least one year in the competitive class in any department, office or institution and who has been separated from his position in that class by appointment to a position in the exempt class in the same or another department, office or institution, or in the unclassified service, and who has served continuously therein from the date of such separation, may be restored to a position in the competitive class in the same group and grade in the same department, office or institution, as the competitive position he formerly held, or may be appointed to a position in the same group and grade in another department, office or institution to which he was eligible for transfer.

Rule XVII. Certificates for Promotion, Transfer and Reinstatement

1. Upon the written request of an appointing officer, stating the essential facts in regard to any proposed promotion, transfer or reinstatement, the commission will, if such promotion, transfer or reinstatement be in accordance with law and the provisions of these rules, issue its certificate of that fact to such officer.

2. All promotions, transfers and reinstatements herein authorized shall be made only after the issuance of such certificate, except those which may be specifically exempted from such condition by regulation of the commission.

Rules for Classified Civil Service

Rule XVIII. Definition of the Non-competitive Class

The non-competitive class shall include such positions as are not in the exempt class and which it is impracticable to include in the competitive class.

It shall comprise the following positions and such positions as may hereafter be added; provided, that from time to time, the commission shall transfer positions from this class to the competitive class whenever it may be found practicable to hold competitive examinations to fill them:

POSITIONS IN THE NON-COMPETITIVE CLASS

In the Agricultural Experiment Station at Geneva: Agriculturist; agronomist; assistant in animal husbandry; botanist; assistant botanist; chemist; associate chemist; assistant chemist; bacteriologist; assistant bacteriologists; expert in dairy husbandry; editor and librarian; entomologist; assistant entomologist; horticul turist; assistant horticulturist; associate bacteriologist; associate botanist; associate entomologist; associate horticulturist; associate agronomist; assistant agronomist; general mechanic.

In the Department of Agriculture:

One chauffeur.

In the New York State School of Agriculture at Morrisville:
One farm superintendent; one assistant in farm mechanics.
In the Schoharie State School of Agriculture, Cobleskill:
One caretaker acting as assistant to director.

In the Banking Department:

Two confidential examiners.

In the Bronx Parkway Commission:

One foreman tree trimmer; one repair man; one park keeper; two foremen of laborers.

In the office of the State Civil Service Commission:

Local examiner.

In the office of the Comptroller:

One chauffeur.

In the office of the State Engineer and Surveyor:

Six chauffeurs.

In the Department of Excise:

One clerk and two typewriter copyists in the detective bureau; one chauffeur.

In the State Fair Commission:

Gardener.

In the office of the Health Officer, Port of New York:

Trained nurse; carpenter; plumber; painter; one messenger at salary not to exceed $360 per annum; one chauffeur; boarding officer and inspector, City Island, compensation not to exceed $75 per month.

In the Department of Health:

Three technical assistants.

In the Department of Highways:

Twenty chauffeurs.

Under the Board of Trustees of the Schuyler Mansion, Albany, N. Y.:
Keeper.

In the office of the State Hospital Commission:

One interpreter and transportation attendant, office State Board of Alienists.

In the office of the Industrial Commission:

Two chauffeurs.

Rules for Classified Civil Service

In the Department of Public Buildings:

Upholsterer; tin and coppersmith; gardener; chief carpenter; carpenter; painter; plumber and gasfitter; plumber's helper; machinist; assistant machinist; steamfitter; locksmith; steamfitter's helper; boilerscaler; stonecutter and tilesetter.

In the Department of the Trustees of Public Buildings:

One watchman, provided, however, that employment shall continue only
until reconstruction of the capitol is completed.

In the office of the Public Service Commission for the First District:
Eight chauffeurs; seven expert lumber inspectors to be employed in the
States of Florida, Louisiana, Mississippi and Texas.

In the office of the Public Service Commission, Second District:

Attendant in charge of office, nights, Sundays and holidays, compensation not to exceed $50 per month.

In the Department of Public Works:

The harbor masters; two engineers of tugboat; photographer; four chauffeurs.

In the State Reservation Commission, Saratoga Springs:

One chauffeur.

In the office of the Secretary of State:

One chauffeur.

In the State Institute for the Study of Malignant Disease at Buffalo: Skilled helper; ward helper; seamstress; cook; launderer; laundress; farmer; gardener; medical interne, compensation not to exceed $50 per month and maintenance; mechanic; nurse.

In the University of the State of New York:

Picture-framer; carpenter; one attendant and shipper; one general mechanical assistant at compensation of $60 per month.

CHARITABLE, PENAL AND REFORMATORY INSTITUTIONS

In the State Charitable and Reformatory Institutions:
Assistant matron.

In the State Hospitals:

Watchman; policeman; barber; supervisor; nurse; attendant; wardhelper; housekeeper; head cook; baker; butcher; launderer; head laundress; lineman; plumber; steamfitter; carpenter; painter; blacksmith; foreman; tailor; dressmaker; shoemaker; printer; bookbinder; head farmer; dairyman; gardener; florist; page; fireman; pilot; mason; tinsmith; coffee roaster; medical interne; laboratory helper in the Pathological Institute; ruler in printing office; buttermaker; one fireman, fire departments, Central Islip and Kings Park State Hospitals; dockmaster, Manhattan State Hospital; manager of the dairy herd; press feeder; harness maker; roofer and slater; plasterer; meat cutter and inspector; one special attendant-night male telephone operator, Kings Park State Hospital; pupil dictitian and teacher of household economics, compensation not to exceed $35 per month and maintenance.

In the State Prisons:

The assistant matrons; one dog trainer.

In the prison for Women at Auburn:

The attendants.

In Clinton Prison:

Head farmer; firemen.

In Great Meadow Prison:

Housekeeper, warden's house.

In Sing Sing Prison:

The head farmer.

Rules for Classified Civil Service

In the House of Refuge for Women at Albion:

Carpenter; fireman; gardener; farmer; guard, compensation not to exceed $50 per month and maintenance.

In the State School for the Blind at Batavia:

Baker; carpenter; farmer; fireman; florist; housekeeper; head laundress; usher-teacher.

In the Soldiers and Sailors' Home at Bath:

Baker; blacksmith; carpenter; farmer; fireman; gardener; head cook; head launderer; lineman; musician; steamfitter; engine oiler and tender; hospital attendant; special attendant; meat cutter.

In the Reformatory for Women at Bedford:

Carpenter; fireman; plumber; guard, compensation not to exceed $50 per month and maintenance.

In the New York State Training School for Girls at Hudson :

Carpenter; fireman; one mason and general helper; painter; garden matron; guard, compensation not to exceed $50 per month and maintenance.

In the State Agricultural and Industrial School at Industry:

Carpenter; farmer; fireman; head cook; head laundress; matron of farm cottage (wife of supervisor); one telephone operator at $15 per month and maintenance.

In the Thomas Indian School at Iroquois :

Attendant; farmer; fireman; head laundress; housekeeper; mason and general repairer; watchman; gardener and poultryman.

In the Custodial Asylum at Newark:

Attendant; baker; carpenter; fireman; foreman; head laundress; one supervising matron; garden matron; watchman, compensation not to exceed $50 per month and maintenance.

In the Women's Relief Corps Home at Oxford:

Farmer; hospital attendant; fireman; head laundress; repairer; one housekeeper.

In the New York State Hospital for Incipient Tuberculosis at Ray Brook: Fireman ; baker; medical interne; carpenter; steamfitter; nurse; painter. In the New York State Reformatory and the Eastern New York Reformatory: Carpenter; farmer; fireman; head cook; housekeeper; chauffeur; coffee roaster.

In the Custodial Asylum at Rome:

Attendant; baker; blacksmith; carpenter; farmer; fireman; gardener; head cook; head launderer; painter; shoemaker; supervisor; assistant supervisor; assistant matron; watchman; butcher and meat cutter; dairyman; plumber and steamfitter; clinical assistant, who may be an undergraduate in medicine, compensation not to exceed $50 per month and maintenance; tinsmith; mason; tailor.

In the Craig Colony at Sonyea:

Attendant; baker; assistant baker; blacksmith; brickmaker; butcher; carpenter; dairyman; farmer; fireman; gardener and florist; head cook; mattress-maker; medical interne; medical record clerk; mason and bricklayer; painter; plumber; shoemaker; supervisor; tailor; tinsmith; night telephone operator; usher; usher and telephone operator; watchman; nurse; special attendant laboratory - medical, salary not to exceed $40 per month with maintenance; one printer at compensation not to exceed $50 per month, with maintenance; steamfitter.

In the Institution for Feeble-Minded Children at Syracuse:

Attendant; baker; carpenter; farmer; fireman; gardener; housekeeper; head cook; head laundress; shoemaker; supervisor; tailoress; usher; watchman; painter; head attendant; steamfitter and plumber; meat cutter.