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the same shall have been regularly and properly kept, they shall constitute one of the elements in such promotion examination, with such relative weight as shall be assigned to them by the examining board, subject to the approval of the municipal commission. If such records have not been regularly and properly kept, the chief examiner shall prescribe such tests as to him may seem best calculated to determine the relative merit and fitness of persons entitled to enter the promotion examination." And, further, that the seventh paragraph of said rule XXXVIII be amended to read as follows:

"It shall be the duty of the officer or officers constituting the appointing power in the department in which a vacancy exists to make and forward to the municipal commission a certified copy of the record of the department showing the efficiency, character and conduct of every person in such inferior grade who desires to become an applicant for such promotion. The municipal commission shall not be bound to accept such certified copy as final, but may, in their discretion, call for the original records instead. The examining board shall have the right to call upon the appointing officer for further information upon any of the matters before them."

That rule LIV of said rules be amended so as to read as follows:

Rule LIV-Promotion of firemen and policemen

Promotions to all positions included in schedule C shall be made from the next lower grade for ascertained merit, seniority in service and by competitive examination.

The relative weights to be given to the different elements shall be:

One-third to the competitive mental examination;

One-third to the permanent records of previous service;
One-third to seniority in rank.

No person shall be placed upon the eligible list who has not attained at least 70 per cent in each of these subjects.

No person shall be admitted to further examination unless he shall have previously passed the proper medical and physical tests.

The subjects of competitive mental examination shall be as follows:

1 Writing a report to a superior officer.

2 Questions upon subjects connected with the city government and the administration, organization and discipline of the police or the fire department.

3 General knowledge of localities.

4 Handwriting.

5 Knowledge of rules and regulations.

6 Knowledge of laws and ordinances relating to his duties. Each candidate shall be rated for efficiency, character and conduct as shown by his previous service solely upon the permanent and continuous records of the department, in which each man's actions and conduct shall be entered. Special consideration in rating shall be allowed for conspicuous acts of bravery. In any examination for promotion to the grade of assistant foreman in the fire department, candidates who have served in the position of engineer of steamer, or who hold a place upon the eligible list for engineer of steamer, shall be given special consideration in rating.

In rating for seniority 70 per cent shall be allowed for two years' service in the grade. An additional 2 per cent shall be allowed for each of the next five years' service (after the first two years) in the grade, and an additional 1 per cent for each of the next twenty years' service in the grade after the first

seven.

No fireman or patrolman shall be eligible for examination. for promotion who has not reached the rank of first grade in his respective position as defined by chapter 378 of the laws of 1897.

Whenever positions in schedule C, for which promotion is sought, call for special or technical knowledge, not covered by the above requirements, the examining board may fix such subjects as they deem appropriate and necessary, and such subjects shall conform, as far as practicable, to those fixed in the examinations set for similar positions in other schedules.

It

The facts elicited upon our recent investigation constitute the strongest argument in support of the proposed change. is, we believe, enough to state, in our opinion, the proposed scheme gives full recognition to the three elements which the statute says shall be used in determining fitness for promotion. So far as mental and physical qualifications are involved, the weight proposed to be given to them will, we believe, be conceded by all persons to be ample. The judgment and opinion of the superior as to the efficiency of the subordinate, as shown by the latter's previous service, is by no means eliminated as an important element, for the superior can make that judgment and opinion a matter of record, and the requirement that entries in the records shall be practically current with the events— made at the time the events transpired-is, in our opinion, a guarantee of greater fairness in the expression of a superior's judgment than if he is allowed to make a general certificate at the time of the promotion examination. The scheme for giving weight to seniority recognizes the well-established fact that the early years of experience are the most valuable, and that after a certain number of years of service seniority adds little or nothing to one's qualifications; however, believing that everything else being absolutely and exactly equal, the promotion of a senior instead of a junior is an act less apt to disturb harmony and cause discontent, we have proposed a scheme which gives a slight advantage for each additional year's service in a grade up to twenty-seven years' service. It is doubtful if any candidate for promotion who is able to pass in the other subjects will ever have served more than twenty-seven years in the next lower grade. On the other hand, we make two years' service a minimum and give to the first five years after this minimum of two years relatively more weight than to succeeding years. All of which is respectfully submitted.

WM. MILLER COLLIER
CUTHBERT W. POUND
JOHN E. KRAFT

State Civil Service Commission

APPENDIX B

1 CHIEF EXAMINER'S ANNUAL REPORT

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