§ 5. Department of civil service; state civil service commission. 1.\nThe department. There shall continue to be in the state government a\ndepartment of civil service. The head of the department shall be the\npresident of the state civil service commission who shall be responsible\nfor the discharge of the duties and functions of the department.\n 2. The commission. (a) Appointment. The state civil service commission\nis continued and shall consist of three commissioners who shall be\nappointed by the governor, by and with the advice and consent of the\nsenate, not more than two of whom shall be adherents of the same\npolitical party. The governor shall designate one of the members of the\ncommission to be president of the commission and such member shall serve\nin the capacity of president during the pleasure of the governor. The\nmembers shall not hold any other public office or public employment for\nwhich they shall receive compensation other than necessary travel and\nother expenses incurred in the performance of the duties of such other\noffice or employment, or engage in private employment or in a profession\nor business which interferes with the performance of their duties or\nrequires their disqualification from the performance of such duties\nbecause of a conflict of interests caused thereby. The commissioners\nother than the president of the commission shall, when performing the\nwork of the commission, be compensated at the rate of two hundred fifty\ndollars per day, together with an allowance for actual and necessary\nexpenses incurred in the discharge of their duties hereunder. The\npresident of the commission shall receive an annual salary established\nin section one hundred sixty-nine of the executive law. No member shall\nserve as an officer of any political party or political organization or\nengage in partisan political activities.\n (b) Term of office. The term of office of each member shall be six\nyears from the first day of February of the year in which the term of\nhis predecessor expired. A vacancy in the membership of the commission\nshall be filled by appointment by the governor, by and with the advice\nand consent of the senate, for the unexpired term.\n (c) Expenses. The president and each of the other members shall be\npaid the necessary expenses incurred in the discharge of his duties.\n
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