The sun., 1901-08-04
TANNANY TO DOCK ABSENTEES.
s,NECURE SCANDAL IN TEE DE.
pARTMENTS INTOLERABLE.

pARTMENTS INTOLERADLE.
p,.srcai Csnfsssisa sa the Eve q . Mu.
uicspai Csmpaisn nat the Payrslb
Arc PADDED Win the Names q Men
m. Never Ne Any Wsrk fer the CITY.
with tho municipal campaign coming
ou. and the opponsnts Of Tammany search
IN. every department. for evidences Of
mi.rule to use against It In the nght, Cor
nor.tion Counsel Whalen took . step yes
t.rdsy that has no precedent In the history
Of a Tammany administration, and sont
out a notice to be posted in every depart
ment declaring that the employees will
be docked for absences hereafter and
that they must be at their posts II they
expect to draw their pay.
The order. a. II became known through
the departments. created . great deal OF
talk, and Corporation Counsel whalsn was
denounced right and left BY the men who
have been put on tho payrolls for no other
purpose than to draw their pay. who arc
tho useful mon Of the district leaders. and
who have received their ofilces - reward
for tho work that they have done at the
polls
Among the bigger men In the city govern
ment there was good deal Of criticism Of
the Corporation Counsel because his order
was taken to be IN Official and public 90
knowledgment that the charges Of padded
payrolls and clerks OF ono grade and
another with no work to do were true. and
1t was predicted that the order would re-
suit In the publication Of campaign litera-
ture against the Hall coming from Its own
home.
As matter OF fact there was a real ne
cessity for the order. for the example set
to the clerks whose work was really neces-
sary for the conduct Of the city business
by those who held places merely because
they we're political workers had had such
an effect in some Of tho departments that
II was not possible to get enough OF the
men around to keep the work up even to
the lax standard set by the present admins
tration. For months the charge has been
made that the departments were full OF
unnecessary clerks, messengers, watch
men and other subordinates, many Of whom
never were at their desks to perform even
never forgot to draw; now these charges
have been admitted by the Tammany
administration itself and cannot be de-
MED.
The fact that 80 many Of the employees
Of tho departments were away from the
Offices during business hours led the heads
to appeal to Mr.. Whalen for an opinion
as to what should be done, Commissioners
Kearny OF the Department Of Public Build
ings was ono OF the men who found that
he had lot Of names on his payroll Of men
who never did any work. He sent a letter
to Mr.. Whalen asking him what he should
do To him yesterday went an answer,
In which the Corporation Counsel said
that the following NOTICE should bs posted
In al Of the bureaus of the departznent:
Rsssaffer no employee Of this department
\Fill be entitled to compensation for the time
he or she may be absent unless such absence
be excused By me- or leave Of absence
granted.
Employee Of the department having
charge OF time books or payrolls are ordered.
in making them up. to only give credit to
employees for the time when they are actually
on duty unless their absence Is excused by
me.
In order that sil the departments might
be on tho same footing Mr.. Whalen will
ssnd to each a COPY Of the notice. and 1t
will be printed by tine Board Of City REQ.
ord on a large. imposing card which will
attract attention from every one who goes
into the rooms Of tho departments. Mr..
Kearny wanted to know frankly what ne
could do to prevent men who did no work
from getting pAy. In sending the form
OF notice to him Mr.. Whalen said:
Appointment constitutes Ehat pay be
termed. for want OF better form OF express
sion, the contract OF employment. " the
contract Of employment pro vides that tne
no pay. see no reason why the contract
should not govern and the city be freed from
liability. 49,
brought against the city by employees TO
recover compensation for the time during
which they were absent reveals the existence
state q affair: whiSn ,ss rnoSia hssd depppf
ment had certified the name OF the aosent
Employee on the payroll and this. the courts
have held was an indication ana eydenoe
St,d between % the city and the employee
had not been severed.
some rule should be promulgated BY the
he1d OF every department w .1e ehtos tuo'
employees who are absent will not be per-
miited 10 draw pay unless their absence
Is excused And until the absence is ex-
clsed. the name OF the absentee should not
be certified on the payroll as entitled 70 COM
penSation.
Under the present civil service rulss. q
complete defence to an action Tor salary
or wages 10 that the name OF the individue!
suing has not been certified on the payroll
by the Civil Service Commissioners. III the
name OF the absent employee is not on the
roll he cannot be certified. and the employee
must resort to q proceeding against the
Civil Service Commissioners before bringing
an action 10 compel them TO certify the pay
tolls In a case where no services nave
been rendered. doubt yery much II the
court would compel the Civil Service Com
mlssioners 70 certify. but at ell events, the
promul CATION OF rule such as l have de-
scribed and the absence OF the employees
pane from the payroll In 4. case where ne
has rendered no services. will 60 long way
u defeating many OF these unconscionable
claims
In the announcement Of this decision
oy the Corporation Counsel's office was
this explanation:
SO many requests have been made re-
Gently for opinions in regard to the status
OF employees when absent from duty, ana
sho collect pay for serv Ices they do not rem,
GER that the Corporation Counsel decided
70 prepare the above notice. which he VIII
send to all chiefs Of bureaus and depart
ments who may call upon him for advice