CHAP. 2 Merit system. Rules and investigation thereof by the commission. Rules, Publication and filing of. Scope of tests for classified service. Requisite qualifications of appli cants. SEC. 6. Section five of said act is hereby amended to read as follows: The purpose of this act is to provide assurance that the selection and promotion of every official and employee in the classified service shall be determined with reference to his qualifications and ability to efficiently and satisfactorily perform the duties of his office or employment. The civil service commission, subject to the approval or order of the governor, as herein provided, shall make rules to carry such purpose into effect and, subject to said approval or order, from time to time, may amend the same; shall investigate the enforcement and effect of such rules and the civil service laws, and report their findings thereon to the governor, with any recommendations they may deem advisable. SEC. 7. Section six of said act is hereby amended to read as follows: All rules made as herein provided and all changes therein, when approved, shall be printed for distribution by said commission. Said commission shall give reasonable public notice of the place or places where copies of such rules may be obtained, and in each such publication shall be specified the date, not less than ten days subsequent to the date of such publication, when such rules or changes therein shall take effect. The rules affecting any test shall not be changed after the publication of notice of such test. Copies of all rules and of all changes therein, duly certified by the secretary of the commission, shall be deposited in the office of the secretary of the state and with the clerk of the superior court in each county within ten days after the adoption and approval thereof, and shall be filed, preserved, and catalogued by such depositaries. SEC. 8. Section seven of said act is hereby amended to read as follows: Every applicant for an office or employment in the classified service, except those exempted or otherwise provided for under the provisions of this act, shall be subjected to a test, which shall be public and calculated to demonstrate the ability of such applicant to efficiently and satisfactorily perform the duties of the office or employment sought, subject to limitations specified in the rules of the commission as to residence, age, sex, health, habits, and moral character. Such tests shall be practical in their character and relate to those matters which will fairly disclose the ability of the persons tested to discharge the duties of the positions to which they may seek to be appointed, and may include tests of mental qualification, of physical qualification and health, and, when appropriate, of manual and technical skill. No question in any test shall relate to political or religious opinions or affiliations. SEC. 9. Section eight of said act is hereby amended to read as follows: The commission shall refuse to certify an applicant whose conduct is infamous or notoriously disgraceful or who is addicted to the use of intoxicating beverages to excess, or who is found physically unfit to perform the duties attached to the position applied for, or who has intentionally made a false statement of any material fact or practiced or attempted to practice any deception or fraud in his application or test or in securing his eligibility to appointment, or who has within the last seven years been guilty of a crime of such a character as would operate to disfranchise an elector; and the commission may refuse to certify an applicant who is found to lack any preliminary requirement established by its rules for the test or position for which he applies, or who has within two years been dismissed from the public service for delinquency or misconduct, or who has been found guilty of a misdemeanor or crime other than as above specified. CHAP. SEC. 10. Section nine of said act is hereby amended to Examiners. read as follows: The commission shall control all tests and may, when a test is to be made, designate a suitable number of persons to be examiners. It shall be the duty of such examiners to conduct such tests as the commission may direct, and to make return or report thereof to said commission. The commissioners may themselves at any time act as such examiners, and shall verify the correctness of each rating made by other examiners. Every official having charge of a public building shall assist the commission by providing reasonable rooms and accommodations for the purpose of conducting such test. SEC. 11. Section ten of said act is hereby amended to Notice of test. read as follows: Notice of the time, place, and general scope of every test shall be given by the commission by publication at least once a week for three weeks preceding such test, in one or more daily newspapers of general circulation, except in the case of promotion tests where reasonable public notice shall be given, and such notice shall be posted by said commission in a conspicuous place in its office and lodged with the head of the office where such promotion is to occur, ten days before such test. Such further written or printed notice of tests may be given as the commission shall prescribe. Application for test shall be Application for made in writing to the commission, on a form prescribed by it, test. not less than forty-eight hours before the test is to take place. The commission may by its rules require every applicant for certification to any specified grade to pay the sum of one dollar Fees. which shall be placed to the credit of a special fund for defraying the expenses incurred hereunder. SEC. 12. Section twelve of said act is hereby amended to Promotions. read as follows: The commission shall by its rules provide for promotions in such classified service on a basis of ascertained merit in service, seniority in service, and special test. Said commisson shall submit to the appointing officer or board for each promotion, from those having the highest rating, such number as it may determine of the names of those whose rating discloses requisite ability to properly perform the duties of the office for which civil service test has been held, one of whom shall СНАР. 2 Vacancy, how filled. be appointed by such officer or board. The method of testing and the rules governing the same, and the method of certifying, shall, so far as possible, be the same as provided for applicants for original appointment. SEC. 13. Section thirteen of said act is hereby amended to read as follows: The appointing officer or board under whom a position classified under this act is to be filled shall notify the commission of any vacancy, and the commission shall certify to him the names and addresses of a number of candidates, as provided in its rules, who stand as efficient upon the register for the class or grade in which such position belongs, and the appointing officer or board shall select one of the persons so certified. The commission may refuse to further submit a name from a list that has been made as the result of a competitive test after such name has been certified from such list three times and has not Appointment from been selected. Emergency lists of persons who have passed the required tests may be maintained for any grade or class where the numbers employed vary so greatly at short intervals of time that certification after notice would be impracticable, and such list may stand as a call list for positions in that grade or class only. No appointment from an emergency list, except from the persons selected by the commission and eligible to permanent appointment, shall stand for more than sixty days or be subject to renewal within fifteen days thereafter. emergency list. Removals from office restricted. Annual report of commission. SEC. 14. Section sixteen of said act is hereby amended to read as follows: No officer or employee in the classified service shall be removed, discharged, or reduced in rank or pay because of religious or political opinion or affiliation. No removal from the classified service shall be made by any appointing officer or board, save at the expiration of the period of probation, except for reasons given in writing to the commission, and a copy of such reasons shall be given to the person removed. Such person may thereupon file with the commission, in writing, any proper answer to such reasons. A copy of such rea sons and answer and of the order of removal shall be made a part of the records of the commission and of the proper department or office, and the reasons for any change in rank or compensation within the classified service shall be made a part of the records of the commission and of the proper department or office. Nothing contained in this act shall be construed to require the examination of witnesses or any trial or hearing before or after reduction or removal. SEC. 15. Section eighteen of said act is hereby amended to read as follows: The commission shall report its doings. annually to the governor in conformity with the provisions of section 187 of the general statutes. Such report shall include a statement of the classifications, exemptions, and refusals to exempt, and the rules under the civil service law. The gov CHAP. ernor may require a special report concerning any matter within the province of the commission at any time. SEC. 16. Section twenty-one of said act is hereby amend- Wilful injury or ed to read as follows: No person shall by himself or in co- false marking of operation with one or more persons wilfully or corruptly defeat, rating prohibited. deceive, or obstruct any person in respect to his or her right of test under the provisions of this act, or falsely mark, grade, estimate, or report upon the test or standing of any person tested hereunder, or aid in so doing, or furnish to any person, except in answer to inquiries of the commission, any special information with respect to any test for the purpose of either improving or injuring the rating of any person so tested, or to be tested, or the prospects of any such person for appointment, employment, or promotion. SEC. 17. Section twenty-three of said act is hereby amend- Penalty. ed to read as follows: Any person who shall, wilfully or through culpable negligence, violate any provision of this act or any rule promulgated in accordance with the provisions hereof, provided the commission may by a majority vote of its members justify a mere technical violation, shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both. tions for violation. SEC. 18. Section twenty-four of said act is hereby amend- Venue of prosecued to read as follows: Prosecution for the violation of any provision of this act may be instituted by the state's attorney for the county in which the offense is alleged to have been committed. SEC. 19. act. Section twenty-five of said act is hereby amend- Officers and emed to read as follows: The commission may require of all ployees affected by officers or employees affected by the provisions of this act who have been in the civil service of the state less than six months. preceding the day on which the rules shall take effect, a noncompetitive test as a condition of continuing therein more than six months after this act takes effect. Reasonable notice of this test shall be given to such officers and employees. SEC. 20. Within forty-eight hours after final action by Rules subject to the commission upon any rule, classification, exemption, or approval of Govrefusal to exempt, the clerk of said commission shall certify said ernor. action to the governor who may approve, disapprove, or reverse the whole or any part of the action of the commission thereon, including those rules in effect and operation at the time of the passage of this act, provided no such rule, classification, exemption, or refusal to exempt which has been approved and published shall thereafter be disapproved or reversed until after public notice and hearing. SEC. 21. Any official elected by popular vote, at any time Elective officials, during his term of office and for such period of said term as he Option of. СНАР. 3 Effect of election. Changes to be filed may elect, may file with the civil service commission a notice. setting forth the policy which he intends to pursue in the appointment, promotion, retention, demotion, dismissal, or increase or decrease in pay of any employee in the department under him, and containing a description of the positions affected by such notice and policy. SEC. 22. After such notice has been filed, all appointments, promotions, demotions, dismissals, and increase and reduction in pay of employees in positions included in such notice shall be without restriction from any provision of the civil service law, except as provided in section twenty-three of this act. SEC. 23. Within forty-eight hours after each such apwith commission. pointment, promotion, demotion, or dismissal, or increase or reduction in pay, such official, except where the change is only temporary and not in effect for more than sixty days, shall file with the civil service commission a statement setting forth the name or names of the employee or employees changed, and a description of the positions affected thereby. Any such employee who has been reduced in pay, demoted, or dismissed, if he chooses may, within one week thereafter, file with the commission such statement as he may desire to submit, and such. notice and statement shall be retained and filed by said commission. Power of Governor over act. SEC. 24. The governor, on application to him therefor, may at any time and for such period or term as he may elect, exempt from any of the provisions of the civil service law any department, board, or commission, or employee or group of employees, in the classified service, provided when any exemption is made by the governor, he shall make a record thereof and a copy shall be placed on file in the office of the civil service commission. SEC. 25. This act shall take effect from its passage. Temporary loans by treasurer. [Substitute for Senate Bill No. 381.] CHAPTER 3. An Act providing for Temporary Loans by the State. The treasurer is hereby authorized to borrow such amounts of money as may be necessary to meet any deficit in the funds of the state during the fiscal years of 1916 and 1917, and, for such purpose, he may issue over his signature as treasurer the obligations of the state. All obligations so issued shall be bind |