(e) All judges and one secretary to each.7

The classified service shall include all other positions now existing or hereafter created.

Sec. 4. The commission shall prescribe, amend and enforce rules for the classified service, which shall have the force and effect of law, shall keep minutes of its proceedings and records of its examinations and shall make investigations concerning the enforcement and effect of this chapter and of the rules. It shall make an annual report to the mayor.8 The rules shall provide:

(1) For the classification of all positions in the classified service.
(2) For open, competitive examinations to test the relative fitness of
applicants for such positions.

(3) For public advertisement of all examinations at least ten days
in advance in at least one newspaper of general circulation and
by posting a notice in the city hall.

(4) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in examination. Such lists shall remain in force not longer than two years.

(5) For the rejection of candidates or eligibles who fail to comply with the reasonable requirements of the Commission in regard to age, residence, sex, physical condition or who have been guilty of crime or of infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination.

(6) For the appointment of the person standing highest on the appropriate list to fill a vacancy.

(7) For a period of probation not to exceed six months before appointment or promotion is made complete, during which period a probationer may be discharged or reduced with the consent of the commission.

(8) For temporary employment without examination with the consent of the commission, in cases of emergency and pending appointment from an eligible list. But no such temporary employment shall continue longer than sixty days nor shall successive temporary employments be allowed.

7 It is customary, but not necessary, to include also in the unclassified service employees of the legislative branch. Certainly this should not be done in commission-governed cities.

$ Or "council."

" Or "of one of the three persons." The State Constitution in New York has been held to require the certification of more than one name for each vacancy and in New York, Massachusetts, the Federal service and frequently elsewhere the rule for certifying three names is in force. The rule for certifying the highest name only is best suited to small cities where candidates are few. It is, however, the rule in Chicago.

(9) For transfer from one position to a similar position in the same class and grade and for reinstatement within one year of persons who without fault or delinquency on their part are separated from the service or reduced.

(10) For promotion based on competitive examination and records of efficiency, character, conduct and seniority. Lists shall be created and promotions made therefrom in the same manner as prescribed for original appointment. An advancement in rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable vacancies shall be filled by promotion.

(11) For suspensions for not longer than thirty days and for leaves of absence.

(12) For discharge or reduction in rank or compensation after appointment or promotion is complete only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated, and has been allowed a reasonable time to reply thereto in writing. The reasons and the reply must be filed as a record with the commission.

(13) For the appointment of unskilled laborers in the order of priority of application after such tests of fitness as the commission may prescribe.

(14) For the adoption and amendment of rules only after public notice and hearing. The commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of this chapter.

Sec. 5. In case of a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person of recognized attainments, the commission may, after public hearing and by the affirmative vote of all three commissioners, suspend competition, but no such suspension shall be general in its application to such position and all such cases of suspension shall be reported, together with the reason therefor, in the annual reports of the commission.

Sec. 6. All examinations shall be impartial and shall deal with the duties and requirements of the position to be filled. When oral tests are used a complete record of questions and answers shall be made. Examinations shall be in charge of the chief examiner except when members of the commission act as examiners. The commission may call on other persons to draw up, conduct, or mark examinations and when such persons are connected with the city service it shall be deemed a part of their official duty to act as examiners without extra compensation.

Sec. 7. All persons in the city service holding positions in the classified service as established by this chapter at the time it takes effect shall retain their positions until discharged, reduced, promoted or transferred in accordance therewith. The commission shall maintain a civil list of all persons in the city service, showing in connection with each name the position held, the date and character of every appointment and of every subsequent change in status. Each appointing officer shall promptly transmit to the commission all information required for the establishment and maintenance of said civil list.

Sec. 8. No treasurer or other public disbursing officer shall pay any salary or compensation for service to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the commission that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this chapter and of the rules established thereunder. Any taxpayer of the city may maintain an action in any civil court of record to recover for the city treasury any sums paid contrary to the provisions of this section from the person or persons authorizing such payment or to enjoin the commission from attaching its certificate to a payroll or account for services rendered in violation of the provisions of this chapter or of the rules established thereunder.

Sec. 9. In any investigation conducted by the commission it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses.

Sec. 10. No person in the classified service, or seeking admission thereto, shall be appointed, reduced or removed or in any way favored or discriminated against because of his political opinions or affiliations.

Sec. 11. No officer or employee of the city shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution for any political party or political purpose whatever. No person shall, orally or by letter, solicit, or be in any manner concerned in soliciting, any assessment, subscription or contribution for any political party or purpose whatever from any person holding a position in the classified service.

Sec. 12. No person holding a position in the classified service shall take any part in political management or affairs or in political campaigns further than to cast his vote and to express privately his opinions.

Sec. 13. Any person wilfully violating any of the provisions of this chapter, or of the rules established thereunder shall be guilty of a misdemeanor.10

10 In case the general penal laws of the state do not provide a penalty for general misdemeanors for which no special penalty is provided, a specific penalty should be provided in this section.

INDEX.