REPORT.

To the Governor :

ALBANY, N. Y., December 31, 1894.

The Board of Civil Service Commissioners have the honor to submit the twelfth annual report of the Commission.

In submitting the eleventh annual report at the close of the year, 1893, the Commission reported progress, and was of the opinion that the Civil Service of the State was steadily approaching the full idea of the Civil Service Law. It now has the pleasure of reporting the fulfillment, in a large measure, of that prediction, and of stating that, for the first time since the passage of the Civil Service Law, there are no violations in the State service, and it is being enforced in all State departments.

The Commission is enabled now to make this report, through the favorable operation of amendments to the Civil Service Law adopted by the Legislature of last winter, and the commendable attitude of the Comptroller in anticipating, by a rule of his department, the operation of the law.

Every Commission had been confronted by a defect in the Civil Service Law, in that it did not provide a penalty for a violation of its provisions. Legislation to remedy the defect had been repeatedly suggested by successive Commissions. The best practicable remedy, it was generally agreed, was the enactment of a statute which should forbid the Comptroller to pay any State employe unless his appointment was certified to by the Civil Service Commission as being made in accordance with the Civil

Service Laws and rules. This Commission requested the Governor to recommend to the Legislature the passage of such a law, which he did in his annual message The Governor said: "An endeavor has been made to carry out the full spirit and letter of the Civil Service Law during the year, and with good results. As the law stands to-day, however, it would seem to be incapable of enforcement, should appointments be made in violation of its provisions. To guard against such a failure, I suggest amendments which will (1) compel the Civil Service Commission to certify to the State Comptroller all appointments made in pursuance of law; (2) prohibit the Comptroller from paying salaries to any persons whose appointment is not so certified to; and (3) give to all lawfully appointed persons opportunity to compel the Civil Service Commission by mandamus proceedings to certify their appointment to the Comptroller, in case of failure or refusal on the part of the Commission to thus certify. These amendments would considerably assist the thorough administration of the law."

In pursuance of this recommendation, and at the request of the Governor, Professor Charles A. Collin, of the Statutory Revision Commission, prepared a bill which was passed without amendment, received the signature of the Governor, and became a law April 24, 1894. The full text of the law is as follows:

"SECTION 1. Section 7 of chapter 354 of the Laws of 1883, entitled 'An act to regulate and improve the Civil Service of the State of New York,' is hereby amended to read as follows:

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"§ 7. No officer or clerk shall be appointed, and no person shall be admitted to or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination, in conformity herewith. No elective officer, and no person merely employed as a laborer or workman, shall be required to be classified hereunder; nor, unless by the direction of the Senate, shall any person who

has been nominated for confirmation by the Senate be required to be classified or to pass an examination. It shall be the duty of each State officer or board of State officers appointing or employing any officer, clerk or other person, in the public service of the State, in either of said classes, forthwith on such appointment or employment, to report to the Civil Service Commission the name of such appointee or employe, the title or character of his office or employment, and the date of the commencement of service by virtue thereof; and, forthwith, on the termination of such service to report to said Commission the fact and date of such termination. It shall be the duty of said Commission to keep in its office a complete record, open to public inspection at all reasonable hours, of all officers, clerks and other persons in the public service in the State, in either of said classes, appointed or employed therein in pursuance of law, showing in each case the title or character of the office or employment, and the date of the commencement of service by virtue thereof; and, also, a complete record, so far as practicable, in like manner, of all officers, clerks or other persons in the public service of the State, in either of said classes, appointed or employed therein in violation of law, or of the rules and regulations made in pursuance of law. It shall be the duty of the said Commission to certify to the Comptroller the name of every officer, clerk or other person, in the public service of the State, in either of the said classes, appointed or employed therein in pursuance of law and of the rules and regulations made in pursuance of law, stating in each case the title or character of the office or employment, and the date of the commencement of service by virtue thereof; and, in like manner to certify to the Comptroller, the name of each officer, clerk or other person in the public service of the State, in either of said classes, appointed or employed therein in violation of law or of the rules or regulations made in pursuance of law; and to certify to the Comptroller, in like manner, every change occurring in any such office or employment forth with, on the occurrence of the change. It shall be unlawful for the Comptroller to draw his warrant for the payment of any salary or compensation to any officer, clerk or other person in the public service of the State, in either of said classes, who is not so certified as having been appointed or employed in pursuance of law and of the

rules and regulations made in pursuance of law. Any officer, clerk or other person entitled to be certified by the said Commission to the Comptroller as having been appointed or employed in pursuance of law and of the rules and regulations made in pursuance of law, and refused such certificate, may maintain such a proceeding by mandamus to compel the Commission to issue such certificate.

"§ 2. This act shall take effect immediately."

A similar law, extending the same provisions to municipal governments, was also passed, being urged by the New York Reform League.

The present Comptroller, on assuming office, decided that the law, as it then existed, already permitted him to take the course directed by law. The statute above quoted will doubtless remain on the statute books and make such action mandatory on all future comptrollers. The new Constitution also embodies the principles of the Civil Service Law, and makes it the fixed policy of the State for the future. Therefore, it may be said that the past year has witnessed greater progress toward the full accomplishment of the civil service reform idea in this State, and the establishment of the permanency of the law, than any other year since the original law was passed.

Immediately on the passage of the act, the commission commenced the work of reclassification; this classification was perfected and received the approval of the Governor, October 16,

1894.

The operation of the law compelled complete reports from heads of departments, so that, for the first time, an accurate roster of State employes has been secured by the commission. This served as an accurate basis for the new classification, and in making such classification, the effort has been to extend the competitive schedule as far as possible at this time, with a view of still further extension as fast as practicable.