Norwich bulletin., 1915-08-28
HINMAN SAYS
sLAckLIsTINe ILLEGAL
Attorney General Gives Opinion in Re-
gard to Employees In State Ipstitu-
tious.

Attoruey-99ncrA George T. Aln-
man has given an opinion to the
civil service commission to the effect /
that the bIacklisting OF employees in
state institutions as Illegal The matter ]
came before the attorney in 1
tie shaLe OF a question asked him by |
Edward A Wright. secretary OF the
civil service commission and Wnicn
was suggested by the query Of the SUI
perinte ndent OF q state institution II ne
| (the superintendent would be liable
to the penalty of the blacklist law II
he reported for incompetency man
whom he had discharged
Reply TO Secretary Wright.
The opinion of the encouragement
| August -. 1915
Edward A Wright ESQ. Secretary of
State Civil Service Commission
| Dear Sir: You ask my opinion as
| to whether the etate civil service COM
mission may lawfully report to Con-
necticut Institutions and departments
| the names OF persons whose services
| have E.rn declared unsatisfactory or
WHO have been discharged for cause.
| whether employed Ina the state ser
vice or elsewhere, together with the
reasons for such discharge or the par
ticulars of such unsatisfactory SER
vice.
Public Acts.
Chapter 15s. Public Acts Of 1909.
entitled an act concerning blacklist
ing, provides as follows:
ANY person, or any officer or agent
, of any corporation, company, or firm,
who shall blacklist any employe, me
chanic or lal orcr. or publish or cause
to be published the name of any en-
ploye. mechanic, or laborer with the
: intent AMI for the purpose OF pre-
venting such employe, mechanic or
laborer from engaging in or securing
) employment from any other person.
corporation, company, or firm, or shall
] in any manner corspire or contrive.
by correspondence or otherwise, to
{ prevent such employe, mechanic, or
iaborer from procuring employment.
/ shall be punished by g fine Of not less
than $50 and ret more than 5000:
] provided, however. that the provisions
I I of this act shall rot be construed so
/ as to prohibit any person or any ON
] Ger or agent o. any corporation. COM
r plny. or firm from giving a truthful
q statement o. any facts concerning a
= resent or former employee Of such
e person. corporation, company, or firm
b OH the application of such employe
n or of any person. OF any oh1cer OF
e agent Of any corporation, company, OF
| firm who may be considering the en-
r Sloyment of sIch emDIoye."
Chapter 1873. Publcic Acts of 1911
!, also entitled an act concerning black
e lisIing, provides that no person, cor
o any bureaus or agency conducted fol-
the purpose OF preserving and fur
nishing information descriptive OF tbs
: character, SKILL acts or Affiliations o.
6 standing IN trade. or ability to secure
h employment may be affected, excep
n in the manner and subject to the re
d striction prescribed In said act.
Are Provisions AppIieabIe7
The answer 70 your question de
pends upon whether the provisions o
s SAID acts are applicable to the civi
service commission, and n SO to VIVA
lii the PROPER exercises OF power
lawfully Coz ferred all '. perform
aEce of dries whi.1 the law impose
= or has entrusted to the; ofnelaI ois
- cre.iOn the members md agents OF
= STATE beard or commisSjO:- enjoy tn
immunity witch attends t.t5 exercis
- Of government powers
Conversely no such immunity pre-
!; y walls as to sets not authorized by tn
n laws prescribing the duties of such
a board or commission
The powers and duties Of the civ
= service commission are conferred an
~ imposed by Chapter 232 Of the Publ
Of the Public Acts Of 1915 and tn
a commission Is not amendable to sue
- provisions of said acts concernin
- MA q $50 5ff 80 isteDt wit
- the exercise Of said statutory power
~ and duties.
g Promotions az to Ability.
o. The purpose Of the civil service la
n and Of the commission thereby ere
he ated las stated in Section 5. q
nd amended) is ito provide assuranC
he that the selection and promotion I
,. every ofHcfa1 and employee In n
classified service shall be determine
with reference to his qualification
4 and ability TO efficiency ana satisfat
| toriIy perform the duties Of his ofnC
OF empeOyment" Section Z.
y amended. provides that Every nj
pifcsnt for an once or efnploymei
fs exempted or otherwise provided Il
r. under the provisions Of this act. sha
be subtecter 20 a test" Of the cha
acter therein provided for sectit
n. sion from 1o"'e eertifyins Ing any sppiies
rs rpofsffy or pbTslesii1 6isa0s1iAed
therein set forth, ann farther pr
vides that ~ rpsy fefuse ~ earthly I
r. applicant lacking any preliminary .
90 dtifsnefts established by Sc rules
r. VINO has within two Tesfs bsen di
missed from the pubic service for .
linqBeney or misconduct, ~ VINO n
besH found guilty 81 certain crimes
IfF H9isdehnsah0Ts
" Investigation q ehsfsStsE
~ ~ thus spears from thess ~
OtnNT HfCVf4fDffS ~ the N~t INV Y
vAstteallS8A u ne character Nj
,sy record n applicants f5f SfIss ~ ~
Isz Dtsyr4eft ~ tts classified ssfyise
~ required ~ tfls sSi, sBd ne egfatli
tss sian may Hsaks such Investigate
AZ ana Keep such record 81 tbs Fesff
M thereof - may ~ BsessssFy NitBS
lsl FsfsFsBRs ~ ~ liability HHdfF ~
lss chapter iss, Puzzle 4efs ~ 1893, b
~, GbsDtsF iss, Pubic Aets ~ 1911
M ~ faF - spears from t4s ~
III visions % the Raw, however, sala
0Ft VssfjEaft0B - ~ ths Fse9FG ana ebs
AetsF ~ the applicant ~ sslsiy fgF Z
~. ssssss q sls s sss,a,g,slIssles &c &c
,sy eaaE ~ be certified i0F ap9iHtHHs
IA, A. spears from Section rs ~ ~ 60
tAmplatsd that only the names q
addresses ~ candidates shall be Ger
ned 20 the appointing ofleeF ana ~
.,., 0f1ceF = required BY Section -