144 N.Y.S. 198 | N.Y. App. Div. | 1913
The question is whether the district attorney of the county of Kings may reduce the salary of Rudd, a clerk, from $1,700 to $1,000 per annum. The proceeding is to compel the district attorney to certify the salary on the basis of the larger sum. It is not proved whether a hearing was afforded. But I regard that question as irrelevant to the inquiry. The applicant was, in 1904, appointed stenographer and private secretary to a former district attorney, which place was then exempt, and in 1907 he was transferred to a similar place in the class designated as competitive at a salary of $1,500, which in 1909 "was increased by the district attorney to $1,700. In 1911 the same district attorney appointed him as bond clerk at $1,700 per annum, upon the certificate of the State Civil Service Commission of a qualifying examination, although the position is in the competitive class. Such appointment placed Rudd in the grade designated as eighth under the civil service rules. Civil service rule VII is (Subds. 3, 4): “3. The classification of all positions shall be governed solely by the respective duties and functions of such positions, * * * 4. For the purpose of orderly arrangement and of regulated promotion, the positions in each subdivision of each group shall be divided into grades based upon the rates of annual compensation. * * * Grade 8. All positions, the compensation of which is 'at the rate of more than $1,500, but not more than $1,800 per annum.” The State Civil Service Law (Consol. Laws, chap. 7 [Laws of 1909, chap. 15], §41) is: “AH clerks * * * or other employees performing clerical service in the State departments * * * shall be classified in one of the following grades, in accordance with the appropriations made by the Legislature for such purpose.” Section 42-is: “Salaries for each grade. The annual salaries of employees for each grade shall not be to exceed the following: * * * eighth grade,
The order should be reversed and the writ dismissed.
Jenks, P. J., Garr, Stapleton and Putnam, JJ., concurred.
Order reversed and writ dismissed, without costs.