New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-27
Civil Service Reformers Oppose
Scheme to Prevent Dismissal.
HAVE FAIR REMOVAL PLAN
Favor Having Provision Now in
Force Here Extended to
State Service.
rBy Telegraph to The Tribune

Albany. March &c. 90 The GrifIinW Walker
bill, which would make it almost impos-
sible for the head Of a state or municipal
department to remove a civil service COM
| evening at a hearing before the Senate
Judiciary Committee by Edward VI iar-
| don, attorney, and Robert Becher, assist
ant secretary of the State Civil Service
Reform Association. The bill provides that
no such employee shall be removed except
! for incompetency, misconduct or insubor-
dinaton. shown after a hearing at which
witnesses shall he sworn and the testimony
recorded after reasonable notice of charges
have been served on the accused"
Mr.. Harden said that this clause would
give the right OF a court review of the
action Of a head OF a department in dis
missing an employe. which could be car
ried to the highest court i'm the state, caus-
ing the matter to drag on possibly for
years. He declared that 1t would he inn
| possible to I'll the vacancy in the mean
time. because at any time through some
technicality the discharged empoye might
he ordered relnstatcd by the courts.
Such an amendment would ruin dsci-
pine" he said while there is no need
for II. The records show the discharge Of
civil service employees TO be seldom, while
, unjust removals are extremely rare. There
is now little incentive for the head OF a
department 10 remove an cmplOye for
political reasons, as he Is Obliged 10 select
the person to MI the vacancy from the
head OF "A civil service list. regardless Of
that persons political belief
The State Civil Service Reform Asso
citation has had introduced another bill,
which It contends contains a fair removal
clause, without going to the length of the
Griffin measure II provides that q civil
service cmpoye may not bc removed until
he has been furnished with the reason and
had an opportunity to reply. That pro-
vision is now In force I'm New York city,
but not in state departments. The Griffin
bill has received preference over this
measure.
The Civil Service Reform Association
issued circular last night to members
of both branches Of the Legislature ask
ing that they support the merit system in
this state by voting against the Grimm
Walker measure. The effect OF the pro
posed legislation would be. the association
said. trial on removal with the burden
of proof on the head ri department. II
continued:
Removal is disciplinary measure, its
effect as such will largely be lost through
this provision. No cmplOye has vested
right I'm his position, and no such procedure
would be tolerated i'm the efficient conduct
of private business. II would inevitably
result In the retention Of the ineihclenl
against whom no positive charge or actual
misconduct can be proved.
The cNprcss provision for a review of the
decision OF tho head Of department by the
courts has been eliminated. But TINS Is a
blind for the requirements for hearing
IuDOn Chages at which witnesses snail he
sworn and the testimony recorded, are SUI
ncient IN themselves 10 admit OF cour; re-
view ly C,rtiOrari.
| The court may inquire into the facts and
tho sufii"icnCy OF proof as we'll as INTO the
procedure. Removal Is an administrative
Tot a iudIcidl-funCtion. judicial reNl""
cessarilv inv wolves the observance OF teen.
uIcaIities Reinstatement by the courts OF
an .r,nloye who has been removed for suf-
Ncicnt cause because of failure TO observe
ali The rules Of procedure, or because or the
.dmittaurc or non admittanc" OF certain
evidence Il suhversivc Of the principles OF
good administration. it,. =,
mr,ths- possibly Of years-bctore the ques-
ton Of whether a new legal appointment
car no made TO the position has been finally
determined Discipline and orderly ana el-
Ncicut administration are impaired.
I-pon the point that tn" language OF the
amendment is sufficient IN Itself TO give a
court review by certorari there Is no
room for doubt IN view of the decisions OF
our courts.