AMENDMENTS TO STATE CIVIL SERVICE RULES

Rule V, section 5

Resolved, That rule V, subdivision 5, second paragraph, be amended by adding at the end thereof the following: "or unless the salary of such office or position is paid wholly from the salary or official emoluments of the head of the office, no part of which is to be returned or accounted for as public funds," so that the same shall read as follows:

"No office or position shall be deemed to be in the exempt class unless it is specifically named in this rule, nor shall more than one appointment be made to or under the title of any such office or position, unless a different number is specifically mentioned in this rule, or unless the salary of such office or position is paid wholly from the salary or official emoluments of the head of the office, no part of which is to be returned or accounted for as public funds."

(Adopted January 31, 1901. Approved by the governor February 5, 1901.)

Rule XXIII

Whereas, Rule XXIII of the state civil service rules, in so far as said rule attempts to place restrictions upon the power of superior officers to remove subordinate persons who are public officers, is beyond the authority of the Civil Service Commission, and has been so declared by the Court of Appeals in the case of the People ex rel. Percival v. Cram (164 N. Y. Rep. 166); and

Whereas, In so far as said rule affects persons who are merely public employees, it also seems beyond the power of the Commission and it has been practically so held by the Appellate Division, Third Department, in the case of the People ex rel. Ray v. Henry (47 App. Div. Rep. 133); and

Whereas, It further appears that said rule affords no effectual protection in any event for the reason that if the causes alleged

for removal are substantial in form, the court will not inquire into the merits of the case as is shown in the case of the People ex rel. Kennedy v. Brady (166 N. Y. Rep. 44); therefore be it

Resolved, That rule XXIII of the state civil service rules, which reads as follows, be and hereby is repealed:

"To secure compliance with the provisions of the civil service law prohibiting removals because of political opinions or affiliations and in accordance with the further provisions regarding the removal of honorably discharged soldiers, sailors, and marines and exempt volunteer firemen, no removal of any person in the classified service of the state shall be valid unless and until a statement of the causes of such removal shall be filed with the Commission and a copy of the same furnished to the person sought to be removed, and until such person has been afforded an opportunity to present an explanation in writing."

(Adopted May 17, 1901. Approved by the governor October 17, 1901.)

AMENDMENTS TO STATE CIVIL SERVICE CLASSIFICATION

Executive department

Resolved, That the classification of positions in the exempt class in the office of the governor be amended by striking out the words: "The stenographer to the governor. The stenographer to the secretary." And inserting in place thereof the words, Three stenographers."

(Adopted January 31, 1901. Approved by the governor February 5, 1901.)

State reformatory at Elmira

Resolved, That the classification of positions in the exempt class in the New York state reformatory at Elmira be amended by adding the words "The general superintendent," for the reasons stated in a communication from Thomas Sturgis, president of the board of managers, dated January 31, 1901.

(Adopted February 1, 1901. Approved by the governor Feb. ruary 5, 1901.)

County treasurer, Erie county

Resolved, That the classification of positions in the exempt class in the office of the county treasurer of Erie county be amended by adding thereto the words "One secretary," for the reason that such position has been created by resolution of the board of supervisors of Erie county and the county treasurer is now authorized to appoint a secretary.

(Adopted February 1, 1901. Approved by the governor February 12, 1901.)

County clerk, Erie county

Resolved, That the classification of positions in the exempt class in the office of the county clerk of Erie county be amended by adding thereto the words "One secretary," for the reason that such position has been created by resolution of the board of supervisors of Erie county and the county clerk is now authorized to appoint a secretary.

(Adopted February 1, 1901. Approved by the governor February 12, 1901.)

State charitable and reformatory institutions

Whereas, The schedules adopted by the state comptroller and the president of the state board of charities October 15, 1900, and approved by the governor November 13, 1900, in accordance with the requirements of chapter 383 of the laws of 1899, and which went into effect January 1, 1901, classify into grades the officers and employees of the various charitable and reformatory institutions subject to the civil service rules, and fix uniform salaries and titles of positions; and

Whereas, Said schedules have changed the titles of positions as now enumerated in rule XVIII; therefore be it

Resolved, That the following resolution be respectfully recommended to the governor for approval:

Resolved, That rule XVIII be amended by striking out of the classification of positions included in the non-competitive class the following words:

In the State reformatory at Elmira:

Hospital stewards.

Office boys.

Firemen.

In the House of refuge for women at Hudson:

Carpenters, firemen.

In the Thomas asylum at Iroquois:

Attendants, head farmer, firemen.

In the School for the blind at Batavia:

Housekeepers, ushers, bakers, florists, carpenters, yardmen, janitors, firemen.

In the Soldiers' and sailors' home at Bath:

Blacksmiths, linemen, steamfitters, carpenters, nurses, housekeepers, superintendent of mess hall and kitchens, firemen, bakers, superintendent of laundry, gardener, musicians.

In the Custodial asylum at Newark:

Attendants, supervisors, baker, nurses, head cook, gardener, carpenters, firemen.

In the Custodial asylum at Rome:

Housekeeper, head farmer, gardener, baker, painters, carpenters, blacksmith, attendants, laundryman, supervisors, head cook, firemen.

In the House of refuge for women at Albion:

Nurses, head laundress, housekeepers, gardener, steamfitter, carpenter, day patrol, firemen.

In the Craig colony at Sonyea:

Laundryman, nurses, supervisors, ward helpers, attendants, carpenters, plumbers, dairyman, painters, bakers, blacksmiths, meat cutter, watchmen, poultryman, head cook, head farmer, gardener and florist, firemen.

In the Institution for feeble-minded children at Syracuse: Housekeeper, supervisors, office girl, head cook, head laundress, night watch, usher, attendants, carpenters, baker, gardener, painters, watchmen, tailoresses, dressmakers, cloakmakers, hosemakers, shoemaker, firemen.

and substituting therefor the following:

In the House of refuge for women at Albion:

Carpenter, firemen, gardener, housekeeper, nurses.

In the State school for the blind at Batavia:

Baker, carpenter, farmer, fireman, florist, housekeeper, usher.

In the Soldiers and sailors' home at Bath:

Baker, blacksmith, carpenter, farmer, fireman, gardener, head cook, head launderer, lineman, musicians, nurses, steamfitter, superintendent of mess hall and kitchen.

In the Reformatory for women at Bedford:

Carpenter, firemen.

In the State reformatory at Elmira:

Carpenter, farmer, firemen, head cook.

In the House of refuge for women at Hudson:

Carpenter, firemen.

In the Custodial asylum at Newark:

Attendants, baker, carpenter, firemen, gardener, nurses.

In the Thomas asylum at Iroquois :

Attendants, farmer, firemen, housekeeper, nurses.

In the State industrial school at Rochester:

Carpenter, farmer, firemen, head cook, head laundress.

In the Custodial asylum at Rome:

Attendants, baker, blacksmith, carpenter, farmer, firemen, gardener, head cook, head launderer, painter, supervisors, assistant supervisors.

In the Craig colony at Sonyea:

Attendants, baker, blacksmith, butcher, carpenter, dairyman, farmer, gardener, head cook, head launderer, mason and bricklayer, nurses, painter, plumber, supervisors, tailor, usher, watchmen.

In the Institution for feeble-minded children at Syracuse: Attendants, baker, carpenter, farmer, firemen, gardener, housekeeper, head cook, head laundress, shoemaker, supervisors, tailoress, usher, watchmen, painter.