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CIVIL SERVICE RULES.'

[Amendments to July 3, 1901.]

SYNOPSIS OF RULES.

RULE I. Regulations to be prescribed; definition of

terms.

RULE II. Penalties and prohibitions; status of persons after their positions are classified.

RULE III. Extent of each of the five branches of the classified service; employees excluded from the classified service.

RULE IV. Examinations authorized; when noncompetitive examinations may be held; appointment and duties of boards of examiners; executive officers to facilitate examinations.

RULE V. Restrictions governing applicants and applications; disqualifications of applicants and eligibles; age limitations of applicants.

RULE VI. Exceptions from examination.

RULE VII. Rating of examination papers; relative standing of eligibles; relative standing of preference claimants; registration of applicants; term of eligibility.

RULE VIII. Certifications and selections for filling vacancies; revocation of appointments of eligibles not entitled to certification; probationary period and absolute appointment; objection by appointing officer to eligible; apportionment of appointments in Washington, D. C.; to what class appointment must be made; eligibles with same average percentage; districts to be formed for filling vacancies in certain positions; appointment and promotion of substitutes; temporary or emergency appointments.

'The civil service rules are merely Executive rules and regulations made by authority of law, and are effective, if at all, only for the internal control and government of the civil service and the Executive Departments. The courts of equity have no jurisdiction or authority to enforce them. Taylor v. Kercheval, 82 Fed. Rep., 487; Carr v. Gordon, 82, ibid., 373.

The civil service rules promulgated by the President have not the force of law so as to give the employees any tenure or right to the office. Morgan v. Nunn, 84 Fed. Rep., 551; Carr v. Gordon, 82 Id., 373; Taylor v. Kercheval, 82 Fed. Rep., 497.

In the absence of evidence to the contrary the accounting officers will, in the settlement of salary accounts, assume that the civil service law and rules have been complied with by the officer having the power of appointment. III Compt. Dec., 22.

RULE IX. Reinstatements.

RULE X. Transfers.

RULE XI. Promotions.

RULE XII. List of all positions and employments and reports of changes in service to be furnished to commission.

order.

In the exercise of power vested in him by the Constitu- Promulgating tion, and of authority given to him by the seventeen hundred and fifty-third soction of the Revised Statutes, and by an act to regulate and improve the civil service of the United States, approved January 16, 1883, the President hereby makes and promulgates the following rules, and revokes all others:

RULE I.

Commission to prescribe regulations.

Definitions of

1. The United States Civil Service Commission shall have authority to prescribe regulations in pursuance of, and for the execution of, the provisions of these rules and terms. of the civil-service act.

2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the commission, shall be construed as follows:

(a) The term "civil-service act" refers to "An act to regulate and improve the civil service of the United States," approved January 16, 1883.

(b) The term "classified service" refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act and these rules.

(c) The term "grade,” in connection with employees or positions, refers to a group of employees or positions in the classified service arranged upon the basis of duties performed without regard to salaries received.

(d) The term "class," in connection with employees or positions, refers to a group of employees or positions in any grade arranged upon the basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act.

(e) The term "excepted position" refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or registration for appointment thereto.

RULE II.

violation of act

1. Any person in the executive civil service of the Dismissal for United States who shall willfully violate any of the pro- or rules.

CIVIL SERVICE RULES.1

[Amendments to July 3, 1901.]

SYNOPSIS OF RULES.

RULE I. Regulations to be prescribed; definition of

terms.

RULE II. Penalties and prohibitions; status of pers after their positions are classified.

RULE III. Extent of each of the five branches of t classified service; employees excluded from the classified service.

RULE IV. Examinations authorized; when noncompet tive examinations may be held; appointment and dut of boards of examiners; executive officers to facilitate examinations.

RULE V. Restrictions governing applicants and app. tions; disqualifications of applicants and eligibles: limitations of applicants.

RULE VI. Exceptions from examination.

RULE VII. Rating of examination papers; relative stand ing of eligibles; relative standing of preference claimant registration of applicants; term of eligibility.

RULE VIII. Certifications and selections for filling cancies; revocation of appointments of eligibles not entitet to certification; probationary period and absolute appezment; objection by appointing officer to eligible; appo tionment of appointments in Washington, D. C.; to was: class appointment must be made; eligibles with same s age percentage; districts to be formed for filling vacare in certain positions; appointment and promotion of suhe tutes; temporary or emergency appointments.

'The civil service rules are merely Executive rules and regulations made by auth ity of law, and are effective, if at all, only for the internal control and govern of the civil service and the Executive Departments. The courts of equity have jurisdiction or authority to enforce them. Taylor r. Kercheval, 82 Fed. Rep. Carr v. Gordon, 82, ibid., 373.

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The civil service rules promulgated by the President have not the force of law as to give the employees any tenure or right to the office. Morgan r. Nunn, Rep., 551; Carr v. Gordon, 82 Id., 373; Taylor v. Kercheval, 82 Fed. Rep., 47 In the absence of evidence to the contrary the accounting officers will, in the tlement of salary accounts, assume that the civil service law and rules have becomplied with by the officer having the power of appointment. III Compt. Dec =

RULE IX. Reinstatements.

RULE X. Transfers.

RULE XI. Promotion.

RULE XII. List of all positions and employments and reports of changes in service to be furnished to commission.

order.

In the exercise of power veste in him by the Constitu- Promulgating tion, and of authority given to him by the seventeen hundred and fifty-thirds ion of the Revised Statutes, and by an act to regulate and improve the civil service of the United States, approved January 16, 1883, the President hereby makes and promulg.tes the following rules, and revokes all others:

RULE 1.

Commission to

prescribe regula

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Definitions of

1. The United States Civil Service Commission shall have authority to prescribe regulations in pursuance of, and for the execution of, the provisions of these rules and terms. of the civil-service act.

2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the commission, shall be construed as follows:

(a) The term "civil-service act" refers to "An act to regulate and improve the civil service of the United States,” approved January 16, 1883.

(4) The term "classified service" refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act and these rules.

() The term "grade," in connection with employees or positions, refers to a group of employees or positions in the classified service arranged upon the basis of duties performed without regard to salaries received.

(d) The term " class," in connection with employees or positions, refers to a group of employees or positions in any grade arranged upon th basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act.

(e) The term "excepted position" refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or reg. istration for appointment thereto.

RULE II.

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1. Any person in the executive civil service of the meal for United States who shall willfully violate any of the pro- of ren

No interference with elections.

No dismissal or change of rank

ligious opinions.

visions of the civil-service act or of these rules til • dismissed from office.

2. No person in the executive civil service shal. us official authority or official influence for the purpo interfering with an election or controlling the thereof.

3. No person in the executive civil service shall isfor political or re- or cause to be dismissed, or make any attempt to pro the dismissal of, or in any manner change the official “a a or compensation of any other person therein becau his political or religious opinions or affiliations.

No disclosures

of political or re

etc.

4. No question in any examination, or form of app y ligious opinions tion, shall be so framed as to elicit information concett of applicants, nor shall any inquiry be made concerning, nor any o attempt be made to ascertain, the political or relig opinions or affiliations of any applicant, competitor. eligible; and all disclosures thereof shall be disc 7 nanced. And no discrimination shall be exercised, 12-2 ened, or promised, against or in favor of any app. 3 competitor, or elibible because of his political or rigi opinions or affiliations.

Recommenda

tions that can not

5. No recommendation of an applicant, competit be received, filed, eligible, involving any disclosure of his political or ~ gious opinions or affiliations, shall be received, t

or considered.

Penalties like in character.

Status of employees after classification.

removals.

considered by the commission, by any board of exan. ?" or by any nominating or appointing officer.

6. In making removals or reductions, or in ing punishment, for delinquency or misconduct, penaltës in character shall be imposed for like offenses, and at thereupon shall be taken irrespective of the pot a religious opinions or affiliations of the offenders.

7. A person holding a position on the date said p is classified under the civil-service act shall be entit all the rights and benefits possessed by persons of the s class or grade appointed upon examination under 15- : visions of said act.

Procedure in S. No removal shall be made from the competitive sified service except for just cause and for reasons 2 in writing; and the person sought to be removed sa have notice and be furnished a copy of such reasons be allowed a reasonable time for personally answ the same in writing. Copy of such reasons, notior, a answer, and of the order of removal shall be made a m of the records of the proper department or office; & reasons for any change in rank or compensation

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