§ 5-2. Appointment of policemen and firemen.

All appointments, promotions and changes of status of the other officers and members of the police and fire departments shall be made in accordance with the provisions of the constitution of the state, also in accordance with the provisions of the Civil Service Law and the charter of cities of the second class except where provision is made therefor by the provisions of this act. Any officer or member of said department shall be eligible for appointment or promotion to any position therein. In making promotions seniority and meritorious service in the department as well as superior capacity as shown by competitive examination shall be taken into account. Individual acts of personal bravery may be treated as an element of meritorious service in such examination, the relative rating therefor to be fixed by the municipal civil service commission. The commissioner of public safety shall transmit to the municipal civil service commission, in advance of any examination for promotion the complete record of each candidate for promotion.

(N.Y. Laws 1905, Ch. 685, § 2)