members of boards or commissions appointed by the Governor, employees of the Governor's office, appointees to fill vacancies in elective offices, deputies of elective officers now or hereafter designated by law, officers and instructors in public schools and educational institutions not reformatory, penal or charitable in character, the professional assistants of the attorney general, attorneys at law, attorneys for boards and commissions, one stenographer for each judge of the supreme court, one stenographer for each judge of the court of appeals, and stenographers and reporters of courts of record, and one stenographer for the head of each department; Provided, That in the case of a vacancy in a position in the competitive quirements class where peculiar and exceptional qualifications of a scientific, managerial, professional or educational character are required, and upon satisfactory evidence that competition in such cases is impracticable and that the position can best be filled by selection of some designated person of high and recognized attainments in such qualities, the commission may suspend the provisions of the statute requiring competition in such cases, and all such cases of suspension shall be reported in the annual report of the commission with reasons for the same, and all such cases of suspension shall not be general in character. When re of act may during good Except as otherwise provided in the Constitution, Appointments all appointments to positions in the classified service behavior. made in accordance with the provisions of the civil service law, shall be without reference to the Senate, and for good behavior. Sec. 12. Every applicant for examination, shall pay the State Treasurer the sum of one dollar, to be placed to the credit of the commission, in a special fund for the purpose of defraying, so far as possible, the expense to be incurred hereunder, and no one shall be examined until he or she exhibits the Treasurer's receipt therefor. Senate need not confirm. Fee paid by examination. applicant for impartial.. Sec. 13. All examinations shall be absolutely im- Examinations partial, practical in their character, and with paramount regard to matters which will fairly test the relative capacity and fitness of the persons examined for the service which they seek to enter. Political or religious beliefs disregarded. When commission may refuse to examine or certify applicant. False representations or practice prohibited. Names certified for position upon requisition. No statement in any application, recommendation, or question in any examination shall relate to political or religious opinions or affiliations, and no appointment or selection to office, or employment within the scope of this act, shall be in any manner affected or influenced by such opinions or affiliations. The commission may refuse to examine, or after examination, to certify, an applicant, who is found to lack any preliminary requirement, established by rule, for the examination or position for which he applies; or who is found physically unfit to perform the duties attaching to said position 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 within two years been dismissed from the public service for delinquency or misconduct; 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, or in his examination, or in securing his eligibility or appointment. Sec. 14. No person shall wilfully or corruptly, by himself, or in co-operation with one or more persons, defeat, deceive or obstruct any person in respect to his or her right of examination, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so examined, or to be examined; or impersonate another person, or permit or aid another person to impersonate him in any application, examination or registration. Sec. 15. Whenever there is an appointment to be made in the classified service under this act, the appointing officer or power shall make requisition upon the commission for the names of eligible persons, specifying the nature of the position to be filled, and upon receipt of such requisition, the commission shall certify the names of three (3) persons standing highest upon the most ap designated. propriate list; and one of the persons so certified shall When sex be appointed. In case the requisition, or any law or regulation, shall designate sex, only that sex shall be certified; otherwise sex shall be disregarded. reduction Sec. 16. Discharges from the classified service, or Discharge or reduction in grade or compensation, or both, may be made in grade. for any cause not political or religious, which may pro Answer to mote the efficiency of the service, but such cause shall be Complaint. specifically stated in writing by the authority making the discharge or reduction; and the person to be discharged or reduced shall be furnished a copy of the specifications, and be allowed a reasonable time to file an answer there- complaint. to. A copy of the order of discharge or reduction, the specification and answer shall be made a part of the discharge. record of the division of the civil service in which the discharge or reduction is made, and copies of these papers shall be filed by the said authority with the commission. immediately on being issued or received. Sec. 17. No person in the public service shall, for that reason, be under any obligation to contribute to any political fund, or to render any political service, and shall not be removed or otherwise prejudiced for refusal to do so. No officer or employee of the state shall discharge, promote, degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten to do so for giving or withholding or neglecting to make any contribution of money or other valuable thing, for any political purpose, or for any political reason whatsoever. Sec. 18. No person, while holding any public office or employment in the service of the state, or in nomination for or, while seeking a nomination or appointment for any office, shall corruptly use, or promise to use either directly or indirectly, any official authority or influence, whether then possessed, or anticipated, in the way of conferring upon any person or in order to secure or aid any person in securing any office or public employment, or any nomination, confirmation, promotion or increase of salary, or to interfere with any election, upon the consideration or condition that the vote or political influence, Order of Employees not required to contribute to political funds. Corrupt use authority or securing of official influence in office. J. Commission keep roster. What roster shall show. Aid and reports to commission. Board certify classified list to auditing board. No pay to persons not on list when required. . Persons violating act discharged. Violation of act misde meanor. or the 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. Sec. 19. The commission shall maintain in its office as a public record, a complete roster of all persons in the civil service affected by this act. The roster shall show in connection with each name, the date of appointment, employment, promotion, reduction or reinstatement, the compensation, title or the position and the nature of the duties thereof and the date and causes of any termination of such employment. Sec. 20. All officers, boards and commissioners of the state, shall furnish all reasonable information upon request for said roster, and report immediately to the commission every change occurring in any office, position or employment covered by this act. Sec. 21. The commission shall certify to all auditing officers or boards affected by this act, the name of every person in the classified service for whom it is the duty of such auditing officers or boards to issue a warrant, stating in each case the character and date of commencement of service, compensation and any change in such service. No auditing officer or board as aforesaid shall issue a warrant for the payment of any compensation to any person in the classified service not so certified. Any payments contrary to the provisions of this act, and of the rules hereunder, may be recovered from any officer or member of a board signing or countersigning warrants therefor, or from the sureties on the official bond of such person or persons, in an action brought by the state, or by any taxpayer for the use of the same. Sec. 22. Any person occupying any position in the service of the state who shall violate any of the provisions of this act or the rules hereunder, shall be discharged from such position and shall be ineligible to reinstatement therein, or appointment to any other branch of the public service for two years thereafter. Sec. 23. Whoever makes an appointment to office or selects a person for employment, contrary to, or wilfully refuses or otherwise neglects to comply with the provisions of this act or of any rule hereunder, shall be deemed guilty of a misdemeanor and for each and every Penalty. offense, shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than fifteen hundred dollars, or by imprisonment for a term not less than one month, nor more than one year, or by both fine and imprisonment. When sala ries of com mission and employees Sec. 24. The salaries of officers and employees of the commission shall be paid at the end of each month upon certificate made by the commission to the Auditor paid. of State who shall draw his warrant upon the State Treasurer, and other sums shall be paid upon proper audit and certification by the State Auditing Board. held. dent of Sec. 25. The Civil Service Commissioners are here- When exby authorized to hold examinations for positions other aminations than temporary or provisional appointments at the county seats of such various counties throughout the state as the commissioners may deem most consistent with a policy Superintenof distributing civil service appointments throughout the schools state; and for the purpose of such examination, the com- examiner. missioners may deputize the county superintendent of public instruction in such various counties to act as special examiner without compensation under such rules as the commissioners may adopt, not contrary to law. special of present surrendered. Sec. 26. As soon as this act shall go into effect, the Records present board of Civil Service Commissioners shall deliver commission all books, documents, records and forms in their possession to the Secretary of State, who, in turn, shall deliver the same to the board of Civil Service Commissioners formed by this act, as soon as said board shall have organized. Existing lists nulli certified fied. It is hereby specifically provided that all certified lists in possession of the present board of Civil Service Commissioners, the surrendering of which to the Secretary of State is herein provided for, are hereby declared to be null and void and of no force and effect; Provided,、 however, That nothing in this act shall be construed to remove from the protection of the civil service any officer ployees not or employee in the service of the state at the time this act shall become effective and who shall have previously been appointed to his present position as the result of a Present em removed. |