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of
and era-
of the State
to the Treasures" of
salari6s and ex-
nature incurred by
Assistant Director, and
the State Labo~tories
in out and en-
Act. when
Audltinf Board for
and when audited
said BOard, shall be
State Auditor, who
nl upon the State
said ~mlaries and ex-
said warrants
Ireneral fund
made for such
Legislative As4~erably.
Tree~urer shall thereupon
in accordance with
7. FEES TO BE COL-
LICENSES TO
fees or other
law to be collected'
inspection or other
by the Regulatory
under the
and of th~
Department, sll~!l
after the taking effect of
same as provided no-
of Chapter 199, See-
that are
under the
the laws herein-
and which sha/l
by the State La-
shall be, ins0-
on a suitable
and prescribed by the
Commission. and if
licenses or permits are
person or cor-
er permits l~ued
be
blank,
practicable.
WEIGHTS
the St~/te of North
the Labor~tor-
shall direct, when Yes-
Practicable to do or
depart,
a8 may
relating to :he inspection
of Weigh~ and Mess,
in the per-
each era-
State Laboratories Dr-
have the same power
Measures and shall
the same fees for
that are
of the 1931
any act amendatory
and in force sor-
t how-
oth~
Y~bora-
~nd be
Labor%-
the State
; shall be maintained in the
is held invalid, illegal or ineffective
in any respect, the~ remainder of the
act and the application of such pro.
vision to Persons or circumstances
other than those to be held invalid,
Blegal or ineffective, shall not be af-
fected thereby.
Section 15. EFFECTIVE DATE.)
This act shall be and become op@r-
ativeon the first day of July, 1929.
On or before said date the North
Dakota Regulatory Department shall
transmit all its records and files in
regard to the administration of *~e
cigarette, cigarette paper and snuff
law, being Chapter 107 of the 1925
Session Laws, as amended by Chap-
ters 106 and 253 of the 1927 Session
Laws and by Chapter 105 of the 1931
Seselen laws. and all its books and
records in regard to the adminiztra-
tion of the North Dakota Be~ Law,
being that initiated measure adopt-
ed at the special election held on
September 22, 1983, as amended by
Chapters 97 and 98 Of the 1926 Ses-
sion laws and Chapter 98 of the
1987 Session Laws. to the State Tax
Commission er.
That on or before said date, the
North Dakota Regulatory Department
shall deliver to the Attorney Gener-
al all its books and records in re-
~rd to the administration of the
censing Department Law, being Ar-
ticle $0A of Chapter {i of the Politi-
cal Code of the 1925 Supplement to
the 1912 Compiled Law& as amend-
ed by Chapter 266 of the 1929 Ses-
sion Laws.
That all the balance of the books
and records of the North Dakota
Regulatory Department shall be de-
livered to the State La~?ratorles De=
partment, createu unuer tms act, anQ
there~tpon the said North Dakota Reg-
ulatory Department shall cease to
operate.
On or before July I, 1939 all funds
on hand in the State RegUlatory Fund
"shall be transferred to the General
Fund of the State by the State Treas-
urer.
AN ACT CREATING A DEPART-
MENT OF CIVIL SERVICE
FOR. THE STATE OF NORTH
DAKOTA; PRESCRIBING THE
POWERS, DUTIES AND PRO-
CI~DURE OF THE CIVIL SER-
VICE COMMISSION AND THE
DIR~]CTOR OF TI'IE ~TATE
CIVIL SERVICE IN SAIl)
STATE, AND PROVIDENG P01~
AND REGULATLNG THE CIV-
IL SERVICE IN SAID STATE
AND MAKING AN APPROPRI~
ATION FOR T~I~ SUPPORT
OF SAID DEPARTM.ENT,
Submitted by Initiative Petition:
The full text of which proposed
Measure is as follows:
AN ACT CREATING A DEPART-
ME~T OF CIVIL SERVICE
FOR THE STATE OF NORTH
DAKOTA; PRESCRIBING THE
POWERS, DUTIES AND PRO-
CEDUR~ OF THE CIVIL SER-
VICE COMMISSION AND THE
D//tECTOR OF THE STATE
CIVIL SERVICE IN SAID DE-
PARTMENT; PROVIDING FOR
AND REGULATING THE CIV-
ILRESERVICE IN SAID STATE;
SCR/BING PENALTIES
FOR THE VIOLATION OF THE
PROVISIONS OF THIS ACT;
~EPEALING CERTAIN ACTS
AND PARTS OF ACTS INCON-
SIBTENT V~ITH THE PRO-
" V~SlONS OI~ THIS ACT; AN{~
M A K I N G APPROPRIATION
FOR TH~ SUPPORT OF TH~
SAID DEPARTMENT.
~BE IT ~NACTRD BY THE PEX)PLE
OF TH~ STATE OF NORTH DA-
KOTA:
Act.
to guar
to senure
of the
~ondi-
shall be paid OUt of
made by the Legisla-
Directm',
are to be
SECTION IL Short .Title. This
Act shall be known a~d~ ~ty be cited
as the State Civil Service Act.
SECTION lIT. The Department of
Civil Service. The Department of
Civil Service of the State of North
D~kota and estnb-
It the Civil
the
shall be
, one to
Imxty re-
~m~
the
I be for
of the
tO sU~ceed~
The
THE GOLDEN VALL~'E NEWS
to the Director of the State Civil
Service.
Each member of the Commission
shall be paid $15.00 per day for each
day actually devoted to duties as a
member of the Commission, but in no
case shall any member be paid more
than $600.00 in any one year; pro-
vided, that this limitation shall not
apply to payments on account of ex-
penses; and provided further, that
this limitation shall not apply dur-
ing the first year of the Commi~-
sion's se~iee. Members of the Com-
mission shall be paid for expenses
in travel to and from meetln~s and
for necessary expenses incurred dur-
ing meetinp of the Commission.
SECTION V. The Director of the
State Civil Service. The ~>ffice ~f
Director of the State Civil Service
is hereby created and established
pursuant to this Act. The director
of the Stats Civil Service shall be
appointed by the Civil Service Com-
mission on the bas/s of merit and
fitness after an open competitive ex.
amination open to qualified persons.
Within ~0 days after the first mem-
bers of the Civil Service Commission
have been appointed and qualified,
and thereafter whenever a vacancy
exists in the office of the Director
of the State Civil Service, the Civil
Service Commission shall appoint su
examining committee of three per-
sons to examine the qualifications of
tale persons applying for appointment
the office of Director of the State
Civil Service. At least two mem-
bers of the examining committee shall
be public personnel administrators cf
recognized standing. As soon as
practicable after its appointment,
the examining committee shall ex-
amine applicants for the position
of Director of Civil Service and
shall certify to the Civil Service
Commission the names of t h e
three persons rated highest in the
competitive tests and found by the
committee to possess the necessary
qualifications for the office of Direc-
tor of State Civil Service, arranged
in descending order with the name
of the person "considered best qu~li-
fled listed first. The Civil Service Com-
mission shall then appoint one of
the persons so certified to the office
of Director of the State Civil Service.
No person who has not been exam~
ined and certified by an examining
committee as herein provided for
shall ever be appointed to the office
of Director of the State Civil Ser-
vice. The Civil Service Commission
shall fix the compensation and shaU
authorize the payment of expenses
of members of the examining com-
mittee provided for in this section.
The director of the State Civil Ser-
vice shall be in the classified service
and shall not be removed by the
Civil Service Commission except upon
written charges and after a full
public hearLng by the Commission.
SECTION VI. Powers and Duties
of the !Director of the State Civil
Servl~e and of the Clv~ Service Com-
mission. (1) The director of the State
Civ/l Service shall be the executlve~
and administrative head of the State
Department of Civil Service, and
aha~ exercise supervision and control
over the conduct of the Department.
He shall act as the Commission's ad-
visor on all matters pertaining to the
Civil Service ~f this State.
(2) It shall be the duty of the
Director, and he shall have the pow-
er to:
i. Attend all meetinp Of the Com-
mission.
iL To prepare and recommend to
the Commission rules and regula
lions for the purpose of carrying out
the Provisions of this Act. Such r~le~
shall provlde, among other thingS,
the manner of completing appomt-
merits and promotions; rejection ol
eli~ble candldales; competitive ex-
aminations~ "creation of eligible lists
with successful candidates ranked ac-
cording to their rating In the exam-
/nations; leaves of absence with and
without pay; tran~era; reinntatements;
layoffs; vg~ations; hours Of work~ at
least 10 days pub~ noth~ for ex-
amina~ procedure for lnc~
l~~ r~te~ ~d~ ~ r~t~re~nent at ftxe~
a~s, and other conditions of e~ploy-
meot~
* ill To appoint temDoraxy and per-
manent examiners, including a chief
examiner, clerks, stenographers, em-
ployees and officers that are neces-
sary to carry out the prOvisions of
this Act. Such employees and off t-
cars shall be chosen fn accordance
with and shall be subject to the pro-
visions of this Act.
IV. To keep in the Office of the
Department of Civil Service an of-
ficial ~roster of the State CiVil Ser-
vice which will show the employment
history of each and everY' p~son who
has been appointed to, employed~
Promoted, ~educed or ~'~et~ted in
any ~o~ltl0~,,in SUC~ service. This
roster shall ~bW in connection with
each name ~ ~? of &~POintrnent,
Pr~mt~ion, reduction, r~-
lnc~ Or ~eca~ea~s
and title
e~uge~ in title.
, annmd leaves° and
The
all
of
to transmit to the Governor the v~.
port of the Department of Civil Ser.
vice prepared by the Director, not
later than November 15th of each
even numbered year
vi. To conduct hearings and pass
upon charges preferred against any
officer or employee in the classified
service for the purpose of demotion
suspension, or removal of such of~
ricer or employee, in accordance with
the provisions of this Act.
vii. To hear an~ pass upon such
other matters as the Director of the
State Civil Service may. from time to
time bring before the Commission for
determination.
viii. To do such other things as
are expressly required of the Com-
mission by the provisions of this Act
SECTION VII. POwers of the Com-
mission and the Director in the Con-
duet of Investigations.
(1) The Civil Service Commission
or any member thereof, or the Direc-
tor of the Civil Service, or any other
authorized agent of the COmmission,
when authorized by a majority vote
of the Commission, may issue sub-
po~na~ to compel the attendance in
this State of witnesses and the pro-
duction of books and papers pertin-
ent to any inquiry or investigation
authorized by this Act and to take
deposition of witnesses residing with-
in or without of the State. to be tak-
en in the manner prescr/bed by law
for like depositions in civil actions
in the superior courts of this State;
and the CommiSsion or any mem-
ber thereof, its authorized agent, or
the Director when authorized by the
Commission, may administer earns
and take testimony. The Commission
or its authorized agent, or the Director
may examine such public records as
they require in relation to any matter
which they have authority to inves-
tigate. All officers and other persons
shall attend and testify when requir-
ed to do so by the Commission or
its authorized agent, or the Director
when authorized by the Commission.
(2) In case of the refusal of any
person to comply with any subpoena
issued hereunder or to testify to any
matter regarding which he may he
lawfully interrogated, the district
court - of any county or the judge
thereof, on application of any one of
the members of the Commission, or
its authorized agent, or the Director
when authorized by the Commission.
may issue an order requiring such
person to comply with such subpoena
and/or to testify; and any failure :o
obey such order of the court may b~
punished by the court as a contempt
thereof.
(3) Each person not in the classi-
fied or unclassified services who ap-
pears before the Commission or
the
~ lrector by order shall receive for
is attendance the fees and mileage
provided for witnesses in civil ac-
tions in the district court, which
shall be audited and paid upon pr~-
sentation of proper vouchers. Wlt~
nesses subpoenaed at the instance 6f
parties other than the Commission
or the Director shall be entitled to
compensation f~om the State for at-
tendance or travel only ff the Com-
mission certifies that the testimony
of such witnesses was relevant and
material to the matter investigated.
SECTION VIII. Salaries of Direc-
tor and Employees in the Depart-
merit of Civil Service. The salaries
of the Director and other members
of the staff of the State Department
of ~lvll Service shall be fixed in ac.
cordlt4~ce with salary schedules es-
tabllsh~/i as authorized by this Act;
provtded,~ that pending the establish-
ment and~ adoption of such compen*
sation schedules, their salaries shall
be fixed by the Civil Service Com-
mission. The salary of the Director,
howe~'. ~1 not be lees than that
paid to heads of other major depart-
ments.
SECTION IX. The Unc~esffled. and
Classified ServiceS. The Civil Service
of the State of North Dakota is here-
by divided into the un~led and
the classified serVi~.
(1) The itnela~l~led service oom-
prises positions hald hy State offieere
or emPlo~es who are: " ted
L Chosen by election or appom
to fill an elective office,
" ii. Members of boards and Com-
missions appointed by the Governor.
ill. One private secretary to each
of the elective officers of this State,
ether than the Governor.
iv. One executive secretary and
three other confidential employees in
the office of the Governor.
v. Officers and employees of the
Senate and House of Representatives
of the Legislature.
vi. Teachers, research assistants,
student emPloyees on less than half=
time pay basis, presidents, dee~nssanahe ta~
administrat~ 9fflm~rs. of the
Teach'era C01~ State University,
State Agricult~d'~ollege, State Pen-
itentiarY, State~ School, Sta e
HoSpital for the ][as~e, State School
of Science, State ~ool of l~0reetry,
State Institution for the Feeble-
minded, State Blind Asylu~ State
Tubercal~ Asylum, State Scl~oool
for tb~ ~D~ and Dumb, Bank o~
North Dakg~ Mill & ~levator,
and all ~th~ lnb41tutio~8 nOW unde~
th~ Jurisdiction ab~ control of .th.v
state ~ Of~e~uo~ t~
thie eul~tvmion ~ not t~ sons
ed to inein~e tl~e _~tOdi~, cleri~t.
or maintenance ~tO~, Or any a.a?
miniatr&tive offl~ Or c~rlc~ w0r~
ers pertor~. ~ duU~ in ~eeti~
with the ~u~ness ' ~u~
such iustlt~ition~.
vlk Offio~u~ and entizted
the National ~ aad Naval
tla.
tO
O(
an
the purposes
eithee
and
be
promoted, or
clerk, employee,
classified service
.by any means other
~crlbed in this Act and
adopted in accordanoe thea~ewlth.
(8) Officers authorL~ hY law to
make appointments to positions in
the unclassified service, and appoint-
ing officers of de .l.l.l.l.l.l.l.l.l.~rtments or insti-
tutions whose employees are exempt
from the provisions of this Act oe-
cause of 'the consUtutional status cf
such departments or institutions,
shall be permitted to make appoint-
ments from appropriate registers of
eilg~blee maintained by the depart-
ment of Civil Service.
SECTION X. Status of Present
Employees. Officers and employees
holding 4~ositiorm in the classified ser-
vice at the time when this Act takes
effect shall he given a Civil Service
status without examlnation an~
be subject to and proteet~d by the
prOvisions of this ~ ....
sECTION_ XL The Cis4.drtc~tlon
and Allocation of Position's in the
Classified Chrfl Se~vine; the PT~pe, ra-
tioh ~d ~at.l~tion Of Conden-
sation Schedules,
(1) The "Director of the State Ctvfl
Service shall, ms m ~s practicable.
prepare an ogeu .P~..o~J~ voeaUo~I,
and career c~t~n o~ ~ oil-
fio~S, employments, and post~oU n
the classified service. TRice shall be
eatabl~ed for each class of e~ploy-
ment for use in examining ana eer-
t~ying name. of persen~ .for ap~oLat-
sent under this Act, ana a
tion of the duties and re~ibl/~-
ties exeraised by the l~_l'~z~ _ appoint
es~h of them shall be ~rgwn
minimum
c/ass~
| tO ~I~S sh~b~ei~
titles in this classifi-
by
State Auditor and shah be used in
the preparation of the next follow-
ing and subsequent State budgets.
The Director of the Civil Service may
make changes in the occupational and
vocational or career classification
whenever he deems it necessary for
the efficiency of the Service, and such
changes, when approved by the Civil
Service Commission after full pub-
lic hearing, shall take effect immed-
iately and shall be sent to the State
Auditor, and shall be used by him
in the preparation of the next fol-
lowing and subsequent hudgets.
(2) The Director of the State Civil
Service also shall, as soon as prac-
ticable after the adoption of tlle
classification plan, prepare a schedule
of salary or wage rates and ranges
for each class, grade or group of
positions in the c!assific~ation. Such
salary and wage schedules when ap-
proved by the Civil Service Commis-
sion after full public hearing, shall
be submitted to the State Auditor.
When approved by the State Auditor,
they shall be used by him in connec-
tion with all budget estimates for all
departments or agencies of the State
Government. The salary schedules
and rate for each class, grade, and/or
group ~hail be submitted to the Gov-
ernor by the State Auditor, and bY
the Governor, with his recommenda-
tions, to the Legislature at the time
of the transmission of the biennial
budget. Unless changed by the Legis-
lature the salary and wage schedules
so prepared by the Director of the
Civil Service and approved by the
CIvil Service Commission and the
State Auditor shall become the of-
fic/al compensation rates applicable
to the various classes and grades ~s
enumerated. Nothing in this section
shall prevent the Legislature from in-
creasing or reducing the salary or
wage rate of all positions in an en-
tire grade or group uniformly bul it
shall not increase the rate of Pay
of any grade or group beyond the rate
in the next higher grade or group
nor reduce the pay of any grade or
group below the rate of pay fixed
for the next lower grade or group in
the same line of employment.
(3) The Director of the Civil Ser-
vice shall allocate each office, po~i-
tion, or employment in the class/fled
CIvil Service to one of the classes
within the vocational, oecupational,
and career classifications, and there-
after all salary rates, schedules or
compensation policies shall apply uni-
formly to all positions within each
class in accordance with rules and
regulations established by the Civil
Service Commission, with the under-
standing that such rules and regula-
tions shall take into consideration fac-
tors of seniority.
(4) The classification and salary
or wage schedules applying thereto,
existing at the time this Act becomes
effective shall continue in effect un~
til changed in accordance with the
provisions of this Act.
SECTION XlI~ Nature of Examina-
tions; Notice; Qualifications of Ap-
plicants.
(1) All examinations for positions
in the classified service shall be prac-
tical in character and shall relate to
those matters which "will fairly test
Ute capacity and fitness of the per-
sons examined to discharge the du-
ties of the office or employment
sought by them, giving due a]!ow-
ance for experience in the. ease or
similar positions.
(~) The Competitive examinations
shall, after published notice, be open
to all citizens of the United StateS
who have been residents of this State
for one year prier to their applica-
tion and who meet with the reason-
able standards or requirements fixed
by the DireCtor. with the approyal
Of the Commission, with regard to
experience, character, age, education,
physical condition, and such other
factors as may be held to relate to
the ability of the candidate to per-
form satisfactorily the duties of the
position. The Director may r e~ire
candidates in filin~ their appli~uons
to submit certificates of gener~ or
.~ qu~.f~uons nsthe ~ o~
the Service m~y ~nir~ ]~h~am~na-
tions shall be held at such times and
places as in the JUdKrnent of the Di-
-rector most nearly meet the conven-
ience of applicants and the needs of
the Service.
(3) .The Director may also require
candidates to undergo an examination
at designated places in the State, in
eases where oral test or tests for
manual skill or the use of /nstrnments
in constructive work may be neces-
sary to determine the fitness of such
candidates.
(4) ~rhenever an ~mployee is lald
off because of 'shorts&,e of funds, or
curtailment Of service, or for ) any
other reason beyond his centre ,. he
shall be laid off according to senior-
ity and his name shall be pl~ced at
the head of the same relater item
which he was originally zt, ppointed.
SECTION Xn'L Refusal ~to Exam.
ins Applicants or to CeFUfy ,,~ligtbles.
(1) The Director may re~use to
examine the applicant, ~_ after ex-
a~nlnation to certify an eligible, whb
is found to lack any ~ the~ prelim-
requirements established for
the examina~on f.or. th@ position or
employment for ~ ~ &ppliss, or
who is phymceay ~io d~ibl~ as to b~
renaersd unfit for th~ 9roper per-
fornumee of tha dutie/| o~ the l~mi-
t/on to which he ~el---------------~ aPl~ntment,
or who is addicted to ~ru~ or is, an
habitual user of into~ticat~ Ilqt~or~
to excess, or has beeh 8-ullY~ of an~
crib, lnvolvin~ mo~l turpi.tuda or
og|lnmmous Or nor~lou~dy msJ~f~e-
ru conduct or who has been dis*
missed from the public ~ for
deunquencY or ~n~jY~ondu~t, Or
has made a~ fal~ ~taten~nt Of any
material fact; 0~* ~ Or ~di~ect~
ly shall give, r~m~or ~Y, Or Prom-
ize to give, ren@e~ or pay mon~.
service or other vulm~ble thin~ to
any persen for or on ~t o~, or
in connection with, his tsar, npP0int-
ment, or proposed appointment,* or
prs~ticed, Or attempted#_ to practice,
any deception or fraud in his aI~li-
cation, in his c~'~fflV~te, in his ex-
ar~nation, or in see~--ln~ his eligi-
bility or appointment, or refuses to
furnish testimony as required in Sec-
tton 7.
(~) Whenever the Director rei~m
to examine an applicant or after an
examination to certify an elIEibl% as
Provided in this section, then said
director, ff requested by the i~rsgn
so re~ected, shall give to him the
r~Ons for such reua~ to ~m-
ine or to certify, u the ea~ may
avb~
Appeal may be had from the decision
of ,the Director of the Commis~flon,
subject to the rules of the C~mmis-
I$ioll__
(3) ~When any position requires
the appointee to furnish t~ bona, sucn
information shall be incinded in the
announcement of the examinaUon for
said poattion.
S~I~TIOlq ~[~. PoHt~oal Or Re]i-
gio~ Affili&tioma of Applio~ts and
~mployees. No quesUon in any form
of appBcation or ~ ~tion shall
be so framed as to elivlt in forn~tlon
ooncernin~ the political ur religions
opinions or affiliauons Of any appli-
cant. nor 8hall any inquiry be n~tde
concerning such opt ni~e~sd~l~ll~
and all dlscloanres shall
diseountena~ No disortmt~atlons
shall be ~ere~. threatened or
prOmised, by an~ .~on a~nst Or
in favor Of arty apIflt~nt, eltStbis, or
employee |n the ~.~e~ beetle
of his DollUeul ol- ~ou~ opl~ons
or affiliations.
S~rZON XV. A~tm~t~ Pro-
motions and ~temonts.
(1) A4~pe4ntmente, promotions and
reinstatements shall be made to all
positions in the ~led service under
the prOvisions of this Act, and the
rules made in pursuance thereof, from
those cert~ied to the aPPoint-
term of
t~ r be
from the approPriate eligible list, but
if no such Hst exists then the Director
may certify from such other list as
he deems the next most nearly ap-
propriate. A new and separate list
shall be created for a stated position
only when there Is no satisfactory llst.
The Director shall have authority to
establish separate eligible lists ap-
plicable to various localities. No per
son shah be appointed or employed
under any title not approriate to the
duties performed, and no person shall
be transferred to, nor assigned to
perform the duties of, any position in
the classified service, unless he has
previously qualified therefor under the
provisions of this Act.
SECTION XT'L Notice of Vacancies;
Method of Appointment,
(1) Appointing officers shall give
written notice to the Civil Service DI-
rector their intention to establish new
positions, or the existence of any va-
cancy to be filled in any office or
employment in the classified service.
and w/thin a reasonable time after
receipt of such notice the Director
shall certify from the register of
eligibles, apprOpriate for the grade or
class in which the position is classified.
the three names at the head thereof.
(2) The apl~inting officer shall ap-
point on probation, with sole refer-
once to merit and fitness, one of fhe
said candidates whose name is cer-
tified in the manner above set forth,
to fill such vacancy. The provisions
of this section shall not apply when
the office or employment is among
those listed in Section XVIII for which
competitive examinations are not re-
quired.
SECTION ~VII. Promotions. Va-
cancies in positions shall be filled, so
far as practicable by promotion from
among persons holding positions in the
classified service and from the lower
class or group within the partioulsr
vocation or career classification, and
in accordance with the provisions of
this Act and the rules of the Com-
mission. Promotions shall be based
upon merit and fitness to be ascer-
tained by competitive examinations,
and the employee's record of effi-
ciency, character, conduct and senior-
ity shall constitute a factor in such
competitive tests.
(2) For the purposes of this see-
lion an increase in the salary or oth~r
compensation of any person.holdlng an
office or position subject to thel~r(ro-
visions of this Act beyond the limit
fixed for the grade in which such office
or position is classified shall be
deemed a promotion.
(3) Any promotional appointee who
is dismissed from the position to which
he was promoted during the proba-
tionary period or at the conclusion
thereof by reason of the failure of the
appointing authority to file a request
for his continuance in the position,
shall be restored to the position from
whiob he was promoted. Nothing
contained in this section shah be
construed to prevent any employee of
the classified from competing for
places upon registers of persons eligible
for original appointment,
SECTION XVIIL Non-Competitivs
Appointments. Positions in the classi-
filed servi~e may be filled without
competition only as follows:
(1) Whenever there are urgent rea-
sons for filling a vacancy in any po-
sition in the classified service and the
Director is unable to certify from any
appropriate eligible list for the va-
cancy, the Director may issue a pro-
visional permit or certify a suitable
person to fill such vacancy provision-
ally only until a selection and ap-
pointment can be made after competi-
tive examination; but no person shall
receive more than one provisional
appointment nor serve more than two
months in any calendar years as a
provisional appointee.
(2) In case of an emergency, an
appointment may be made without
regard to the previsions of the Act but
in no ease to continue longer than l0
days, and in no ease shall successive
emergency appointments be made.
This ~ovL~oD shall aPtflY to both per-
rome and peaRl~r~ _No person shall
eeee~ more ~ three emergency
appointments in any one Or different
positions within one year.
(3) In case of vacancy in a Position
where peculiar and exceptional qu~li-
fisattons of a scientific, professional
or educational character are required,
and upon satisfactory evidence that
for specified reasons competition in
such special case is /mpracticahle and
that the position can best. be filled by
the selection of some designated per-
son of high and reoognized attain-
ments in such, qualiti~, the Comm~-
~ion upon recommendation of the Di-
rector may suspend the re~uiren~nta
of competition In such cases, b~t no
sus~ension shall be general in itq
application to such position, ~nd ~ll
such eases of suspension shall be re-
ported in the biennial report of the
department with the reasons for the
~me.
(4) Where the services tO be rend-
ered by an appointee are for a tem-
porary period not to exceed two
months and a ~ list of eligibles Js
not available, the Director shall cer-
tify for such temI~ jserytee any
person he deems qUa~[fle& The ac-
ceptance or refusal by an el~gible Of &
temporax~y appointmon~ shall ~ot ~-
feet his standing on tits ~ter for
permanent employment, nor ahali the
period of temporary service b~ oount~
as a p~rt Of the probationar~iservice
In the case of ~ulNmquent appo ntment
to It permanent D~sition. S~omm~ve
tamt~r~ anp0t~t~ent~ to the asme
l~flt~ton ahallOn shall not ~t made under this
provisio~ No ~ersen ~ receive
more ~ one ~ .om~tment
within one yekr.
'($) Appointment, to work as un-
tifl,cauon from elislble lists p~
unaer rules Of the Commlseldn whlch
shall take a~eount of priority of ap-
plioatlon, location of work and the
factor of eonveatence arisir~ there-
from. an~ whenever warranted, bY
physical and other tests.
SECTION XIX. Probationary Ap-
pointment& All original a~pointments
to the clnssif~ service shall be for
a prObat/onary period of six months,
but dismissal may be made any time
durin~ such Derio~ At the end of the
probettormry peri~l the appointing of-
f|ce~ shall .notify th~ Director in writ-
l.nl~ whether the probationer is asa, t-
mfactory employee and ~hould rb-
eetve the status of a permanent aP-
~tce. Upon such notice the em-
ployee, ff his service during the prO-
bationary period did not fall bei0w
such minimum "standards as have been
PreeCrlbed by the Director of the L-~lvil
Service, shall be deemed to have a
permanent classified, C/vfl Service
otherwise the
ice, except in caae promotions,
which case he shalt be restored to
position from which he
SECTION XX.
statements.
(1) ~anSfers In the classified Sm'V-
ice my be "made from a poslUon in
one ~tde and claim to a positinn m
another _Krade and class when t~e
dutiss and compensation are slmtlgr
a~nd whon such a~tion is sDecific4dIF
approved by the Direetol~ of Civil ~r~v*
(2) Any pe~son who has
or ml~onduct on his
date of suoh
positious in the
or class }n
such action sha~
nt or
.be
and