Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-12-24
APPOINTMENTS
IN CITY UNDER
CIVIL SERVICE
Assistant Attorney-Genera Cas-
kill Holds Charter Method
Is Unchanged.
REQUESTED BY
CITY CLERK CONNOLLY
Deals With Filling
Places With Common COun=
Gil Confirmation.
lspecial % the Newark star.l

Especial 10 the Newark star.l
TRENTON, Dec. 24.-In response to a
communication from City Clerk James
F. Connolly, of Newark, for a construc-
ton of the civil service law upon ap-
pointments made under the provisions
of the Newark charter, the Civil Serv-
ice Commission today forwarded to the
city clerk an opinion received by the
commission from Assistant Attorney
General Nelson E. Gaskill, in which he
holds that the civil service law will not
have the effect of changing the manner
of appointments under the provisions
of the charter of Newark, and the laws
applicable to that city. The request for
an opinion deals principally with APP
pointments which the charter provides
shall be confirmed by Common Council.
Mr.. Connolly took the view that If
the charter provisions relative to ap-
pointments were not held to have been
repealed by the civil service law, the
situation presented in the city clerks
Office would be most burdensome and
almost absolutely impracticable. For
example, he remarked that before en-
gaging a clerk in the Office he u
apply to the Civil Service Commission,
which, in turn, should certify to him
the names of the three highest candi-
dates on the eligible list. and that he
must then submit to Council for appro-
val the name of the candidate whom he
selected. The delay which might there
by be occasioned, he argued, might des-
troy the efficiency of the office n in
jure instead of benefit the public
service. Meeting the objections made
by Mr.. Connolly, Assistant Attorney
General Gaskill said:
Methods In Newark.
Il observe that IL, the main the meth
DDS of appointment of suboTdinateS IN
the service Of the city of Newark seem
to require concurrence by the Common
Council or its committees, and that the
language OF section p, of the civil serv-
ice act, seemingly omits questions Of
concurrence and refers to appointments
by the head of a department or an APP
pointing officer. With reference to this
situation, Mr.. Connolly queries whether
the civil service law was not intended
and does not, in fact, act as an implied
repeater of the methods of appointment
now existing in the city of Newark,
which are made subject to concurrence
by Common Council. or, in some cases,
a committee.
S far as l am aware, from my per
sonal connection with the framing OF
the civil service law, and so far as l
can read from the act itself, there was
and is no evident purpose to work a re-
pealer In the method suggested by Mr..
Connolly, that is. to do away with the
necessity of concurrence i'll an aP-
pointment where such concurrence was
under any existing rule of law made
necessary.
The Power OF Selection.
The words head of a department.
and appointing power in section q
seem to me to identify only that Off
cial in whom power Of selection OF can
didates is vested, and does not by its
terms vest in him sole power of ap-
pointment without the necessity OF
otherwise necessary concurrence.
THE civil service law is intended 10
operate only as a method of the selec-
ton of candidates, and il the officer
upon whom the duty rests of securing
the concurrence of the Council or its
committee in his selection, receives
from the Civil Service Commission Il
certification of three candidates from
an eligible list for a particular office,
the functions of the civil service law
are to that purpose discharged, and the
already existing methods of appoint
ment in the municipality requiring cob
currence, are therefore free to operate
In precisely the same way as they
were manifested prior to the passage
of the civil law.
Il cannot see how the fact of selec-
ton under the civil service law a ere
ate the contingency to which Mr.. Con-
nelly refers as a new factor not al
ready potentially in existence. 1t Is
quite possible thai there might be d
certain delay in making application to
the civil Service Commission for the
certihcation of three names from the
eligible list to the appointing officer,
but how this method OF selection should
produce as a new consideration the
possibility of delay in concurrence In
the Common Council. or refusal by
them to concur, until the eligible list
we're exhausted, I do not quite perceive,
as the power of concurrence naturally
carried with 1t the power of refusal To
concur, and this without reference 10
the application of the civil service law.
II do not think, therefore, that this
argument bears with force upon the
contention that the civil service law
should be construed to be an implied
repeater of existing methods Of ap-
pointment, so far as necessary concur
renee Is concerned.
ut does not seem to me, either, thar
the civil service law warrants such an
Interpretation as that suggested by
Mr.. Connolly, or that such an fnterpre-
tation is necessary in order to put
the civil service law into practical oper
alton in a municipality such as New
ark. adopting its provisions"