CHAPTER 10.-CIVIL SERVICE IN CITIES OF THE FIRST CLASS. $114. Appointment of civil-service commis sioners; qualifications; removal; 115. Foregoing section not to apply to 116. Cities of 75,000 or more to appoint 118. Board of commissioners to provide 120. Examinations to be held by civilservice commission; reappointment of officer on expiration of term; discharge of police officers. 121. Commissioner in charge of department to notify civil-service commission of vacancy to be filled from persons examined. 122. Civil-service commission to certify names, etc., from eligible list; appointments from such list; certification of police officers. $123. Names of applicants not appointed within one year may be stricken; section not applicable to names of persons on list because term of office expired. 124. Sex disregarded in making certification; exceptions. 125. When commission may make temporary appointments; how long in force. 126. Removal of persons subject to civilservice examination; suspension; hearing before civil-service commission; attendance of witnesses, etc.; district court or judge to compel obedience to subpoena, etc.; commission revoke, modify or af firm order appealed from. 127. Reports of civil-service commission; rules and regulations for conduct of business; publication. 128. Officers and employees subject to examination and certification; term of office of employees and officers, etc.; reappointment when position abolished and recreated; officers in service of city prior to taking effect of act. 129. Control of examination, rules, etc.; what questions not to be asked. 130. Examinations, how conducted; examiners, qualifications, compensation, etc. 131. Salary of members of civil-service commission. 132. Officers, assistants and clerks subordinate to civil-service commission may be created. 133. When act to take effect; proviso relative to persons holding office or employment when act takes effect. PART OF LAWS OF 1909, CH. 74. § 114. Appointment of civil-service commissioners; qualifications; removal; vacancies; oath to be taken by commissioners; meetings and examinations; certification of applicants; removal of persons subject to civil-service examinations; appeal to commission; hearing; annual report to city commission; rules and regulations of city commission; ordinances; officers and employees to whom act shall apply; violation of provisions; misdemeanor; removal. All cities that adopt the provisions of this act and the act of which this is amendatory, after January 1, 1909, shall, immediately after organizing the city commissioners, by ordinance, appoint three civil-service commissioners, who shall hold office, one until the first Monday in April in the second year after his appointment, one until the first Monday in April of the third year after his appointment, and cne until the first Monday in April of the fourth year after his appointment. The board of commissioners shall, as soon as practicable after organizing upon the expiration of the term of office of any civil-service commissioner, appoint one civil-service commissioner for four years, who shall take the place of the commissioner whose term of office expires. The chairman of the commission for each biennial period shall be the member whose term first expires. No person while on the said civil-service commission shall hold or be a candidate for any office of public trust. Two of said members shall constitute a quorum to transact business. The commissioners must be citizens of Kansas, and residents of the city for more than three years next preceding their appointment. The city commission may remove any of said civil-service commissioners during their term of office for cause, four commissioners voting in favor of such removal, and shall fill any vacancy that may occur in said commission for the unexpired term. The city commission shall provide suitable rooms in which the said civil-service commission may hold their meeting, such city to supply the said commission with all necessary equipment to properly attend to such business. (a) Before entering upon the duties of their office, each of said commissioners shall take and subscribe an oath, which shall be filed and kept in the office of the city clerk, to support the constitution of the United States and the state of Kansas, and to obey the `laws, and to endeavor to secure and maintain an honest and efficient force, free from partisan influence or control, and to perform the duties of his office to the best of his ability. (b) Said commission shall be [meet] on the first Monday of April and October of each year, or oftener if it shali be deemed necessary, under such rules and regulations as may be prescribed by the commissioners, hold examinations for the purpose of determining the qualifications of applicants for positions, which examination shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the position to which they seek to be appointed. Said commission shall, as soon as possible after such examination, certify to the city commission double the number of persons necessary to fill vacancies who, according to its records, have the highest standing for the position they seek to fill as a result of such examination, and all vacancies which occur that come under the civil service, prior to the date of the next regular examination, shall be filled from said list so certified: Provided, however, That should the list for any cause be reduced to less than three for any division, then the city commissioners or the head of the proper department may temporarily fill the vacancy, but not to exceed thirty days. (c) All persons subject to such civil-service examinations shall be subject to removal from office or employment by the city commission for misconduct or failure to perform their duties under such rules and regulations as it may adopt, and the chief of police, chief of the fire department, or any superintendent or foreman in charge of municipal work, may peremptorily suspend or discharge any subordinate then under his direction for neglect of duty or disobedience of his orders, but shall within twenty-four hours thereafter report such suspension or discharge and the reason therefor to the superintendent of his department, who shall thereupon affirm or revoke such discharge or suspension, according to the facts. Such employee (or officer discharging or suspending him) may, within five days of such ruling, appeal therefrom to the commission, which shall fully hear and determine the matter. (d) The commission shall have power to enforce the attendance of witnesses, the production of books and papers, and power to administer oaths in the same manner and with like effect and under the same penalties as in the case of notaries public. In case of disobedience on the part of any person or persons to comply with any subpoena, or to produce any books or papers in his custody, or on refusal of any witness to testify to any matter regarding which he may be lawfully interrogated before the com mission, it shall be the duty of the district court of the county or judge thereof, on application of a civil-service commissioner, to compel obedience by attachment proceeding for contempt as in case of disobedience of the requirements of a subpoena issued from such court or refusal to testify therein. Said civil-service commissioners shall make annual report to the city commission, and it may require a special report from said commission at any time, and the said city commission may prescribe such rules and regulations for the proper conduct of the business of said commissioners as shall be found expedient and advisable, including restrictions on appointment, promotions, removals for cause, roster of employees, certification of records to the auditor, and restrictions on payment to persons improperly employed. (e) The commissioners of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons violating any of the provisions of this act relating to the civil-service commission. (f) The provisions of this section shall apply to all appointive officers and employees of said city, except city attorney, the members of the fire department where they have already adopted the civil-service plan, city clerk, city treasurer, city auditor, city engineer, superintendent of streets, superintendent of waterworks, secretary of waterworks, chief of police, city physician, judge of police court, superintendent of public parks, city assessor, commissioner of any kind (laborers whose occupation requires no special skill or fitness), election officials and mayor's secretary and assistant attorney, where such officers are appointed. All officers and employees in any such city shall be elected or appointed with reference to their qualifications and fitness and for the good of the public service, and without reference to their political faith or party affiliations. Any violation of the provisions of this section shall be a misdemeanor and be a ground for removal from office. [G. S. 1915, § 1557.] This section relates to cities of the first class which have adopted the commission form of government. Operation of this statute is not limited by "soldiers' preference law." Goodrich v. O'Neill, 85 K. 595. Health department, field man under civil-service regulations. Jagger v. Green, 90 K. 153. Policeman not within provision of civil-service law. Haney v. Cofran, 94 K. 332. LAWS OF 1911, CH. 95. § 115. Foregoing section not to apply to certain cities. The provisions of section 1238 of the General Statutes of 1909 shall not apply to the cities named in the title of this act. [G. S. 1915, § 1557a.] "Section 1238 of the General Statutes of 1909," is § 114, supra. The title to the act of which this section is a part is as follows: "An act relating to cities which shall hereafter become cities of the first class having a population of less than 30,000, which have heretofore adopted, or may hereafter adopt, the commission form of government. LAWS OF 1913, CH. 88, AS AMENDED BY LAWS OF 1915, CH. 112, AND LAWS OF 1917, CH. 97. AN ACT to regulate the civil service in cities now having or which may hereafter attain a population of 75,000 inhabitants and which have adopted or hereafter shall adopt the provisions of chapter 114 of the Laws of 1907, and acts amendatory thereof. § 116. Cities of 75,000 or more to appoint civil-service commissioners; term of office of such commissioners; not more than two members of same political party; commission appointed under § 114, supra. All cities now having or which may hereafter attain a population of 75,000 inhabitants or more and which has adopted or which may hereafter adopt the provisions of chapter 114 of the Laws of 1909 and acts amendatory thereof, shall, immediately after the board of commissioners have organized, appoint by ordinance, three civil-service commissioners who shall hold office, one until the first Monday in April in the second year after his appointment, one until the first Monday in April in the third year after his appointment, one until the first Monday in April in the fourth year after his appointment: Provided, however, That no more than two members of said civil-service commissioners shall be members of the same political party: Provided further, That in all cities in which this act is applicable now having a civil-service commission appointed under provisions of section 1238 of the General Statutes of 1909, the said civilservice commissioners so appointed shall continue in office and exercise and perform the duties of said office in accordance with the provisions of this act. [G. S. 1915, § 1558.] "Chapter 114 of the Laws of 1909," mentioned herein, is the act providing for the commission form of government in cities of the first class. "Section 1238 of the General Statutes of 1909," mentioned herein, is § 114, supra. § 117. Appointment of civil-service commissioners; commissioner not to be candidate for office; quorum; qualifications; removal; board to fill vacancy. The board of commissioners shall, as soon as practicable after organizing, upon the expiration of the term of office of any civil-service commissioner appoint one member for four years who shall take the place of the one whose term of office expires. The chairman of the civil-service commission shall be the member whose term first expires. No person while a member of said civil-service commission shall be a candidate for any office of public trust. Two of said members shall constitute a quorum to transact business. The commissioners must be residents of Kansas, and residents of the city for at least three years next preceding their appointment. The board of commissioners may remove any member of the civil-service commission during his term of office for cause, four commissioners voting in favor of such removal, and shall fill any vacancy that may occur in said commission for the unexpired term. [G. S. 1915, § 1559.] § 118. Board of commissioners to provide suitable rooms and supply equipment for civil-service commission. The board of commissioners shall provide suitable rooms in which said civil-service commission may hold their meetings, and shall supply the said commission with all the necessary equipment to properly attend to such business. [G. S. 1915, § 1560.] § 119. Oath to be taken by civil-service commissioner. Before entering upon the duties of their office each of said commissioners shall take and subscribe an oath which shall be filed and kept in the office of the city clerk, to support the constitution of the United States and the state of Kansas, and to obey the laws and to endeavor to secure and maintain an honest and efficient force, free from partisan influence or control, and to perform the duties of his office to the best of his ability. [G. S. 1915, & 1561.] § 120. Examinations to be held by civil-service commission; reappointment of officer on expiration of term; discharge of police officers. The civil-service commission shall, whenever it is necessary so to do, under such rules and regulations as it may prescribe, hold examinations for the purpose of determining the qualification and fitness of applicants for all positions with the city subject to examination as hereinafter defined, which examination shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the position to which they seek to be appointed: Provided, however, That any police officer whose term of office shall expire after the taking effect of this act, shall be eligible for reappointment without any further examination; and in the event his record for efficiency as an officer is good, it shall be the duty of the civil-service commission to place the name of such officer upon the list of those eligible for such appointment and he shall be given preference in the appointment to said office: Provided further, That when the eligible list shall contain the name of more than one such officer, the one having the longest continuous time of service shall be given the preference in appointment; and in the event of discharge or suspension for the purpose of retrenchment of expenses, police officers shall be so discharged or suspended, commencing with the officer having the shortest continuous time of service. [G. S. 1915, § 1562, as amended by Laws 1917, ch. 97, § 1; March 1.] Position of health commissioner is subject to civil-service law. McLaughlin v. Green, 96 K. 644. § 121. Commissioner in charge of department to notify civil-service commission of vacancy to be filled from persons examined. The commissioner in charge of any department shall immediately notify the civilservice commission whenever a vacancy exists in his department when the vacant position is one that may be filled by appointment only from the applicants examined by the civil-service commission or from those placed upon the eligible list as hereinbefore provided. [G. S. 1915, § 1563, as amended by Laws of 1917, ch. 97, § 2; March 1.] § 122. Civil-service commission to certify names, etc., from eligible list; appointments from such list; certification of police officers. The civil-service commission shall certify to the board of commissioners the names and addresses of double the number of applicants for each vacancy, standing highest upon the eligible list of the class or grade to which said position belongs, and the board of commissioners shall make appointments from such list so certified and not otherwise: Provided, however, That whenever the eligible list of the civil-service commission contains less than double the number of applicants to fill the vacancy or vacancies existing, the board of commissioners shall appoint the person or persons then available on said eligible list: Provided further, That in case of a vacancy or vacancies existing in the office of police officers, the civil-service board shall first certify to the board of commissioners the names of those transferred to the eligible list by reason of their term of office expiring, as hereinbefore provided, and the board of commissioners shall make appointments from such list so certified and not otherwise and those whose term of office expired first shall be first appointed: Provided further, That the name of no person shall be placed upon the eligible list for any position upon the police force, other than that of the patrolman, chauffeur or guard, who has not had two or more years of actual service as a police officer. [G. S. 1915, § 1564, as amended by Laws of 1917, ch. 97, § 3; March 1.] Appointment from certified list valid, although mistake made in list. McLaughlin v. Green, 96 K. 641. § 123. Names of applicants not appointed within one year may be stricken; section not applicable to names of persons on list because term of office expired. The civil-service commission may strike from the eli |