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(3) No recommendation of an applicant, eligible, or employee in the competitive service involving a disclosure of his political or religious opinions or affiliations shall be considered or filed by the commission or by any officer concerned in making appointments or promotions.
Rule II. Classification of the Service.-(1) The classified service shall include all officers and employees in the executive civil service of the United States, heretofore or hereafter appointed or employed, in positions now existing or hereafter to be created, of whatever function or designation, whether compensated by a fixed salary or otherwise, except persons employed merely as laborers, and persons whose appointments are subject to confirmation by the Senate; but no right of classification shall accrue to persons whose appointment or assignment to classified duties is in violation of the civil service rules.
(2) No person shall be appointed, employed, promoted, or transferred in the classified service, or perform the duties of any position therein, until he passes an examination in conformity with these rules, unless specially exempted thereunder. 10
(3) Appointments to the excepted positions named in Schedule A of these rules may be made without examination or upon noncompetitive examination; but the proper appointing officer may fill an excepted position as competitive positions are filled, in which case the person appointed will receive all the rights of a competitive employee. 10
(4) A person appointed without competitive examination under section 3 of this rule shall not be assigned to the work of a competitive position without the approval of the commission.
(5) Laborers who, in connection with their usual duties, are to perform work of the grade performed by classified employees shall be appointed upon certification by the commission from appropriate registers of eligibles in the manner provided by these rules; and a person employed merely as a laborer or workman without examination under these rules shall not be assigned to work of the grade performed by classified employees.
(6) Except as provided in section 7 of this rule, a person holding a position when it becames classified and subject to competitive examination shall have all the rights which he would acquire if appointed thereto upon examination under these rules, but he shall not be transferred without first passing the examination provided by the commission.
(7) The Postmaster General shall promptly notify the commission of each order for the advancement of any post office from the third class to the second class, or for the consolidation of any post office with one in which the employees are classified as competitive. On the date of effect of such order these rules shall apply to the positions, officers, and employees of the offices affected, in the same manner as they apply to those in offices now classified, and all appointments after an eligible register has been established shall be made by selection from the register; but no officer or employee in any post office shall be classified under the terms of this section who fails to establish to the satisfaction of the Postmaster General his capacity for efficient service in the position held; and if he has been appointed within less than sixty days prior to the application of these rules to such office he shall not be classified without the express consent of the commission. The Postmaster General shall, upon the date he reports the advancement of any post office from the third to the second class, or as soon thereafter as is practicable, notify the commission as to which of the employees in said office he desires to report for classification.
9 30 Op. Atty. Gen. 79, Feb. 24, 1913; 26 Op. Atty. Gen. 502, Feb. 12, 1908; 22 Op. Atty. Gen. 6, Dec. 20, 1897; 22 Op. Atty. Gen. 59, April 28, 1898, affirmed May 17, 1912, 29 Op. Atty. Gen. 410; 26 Op. Atty. Gen: 363, Sept. 3, 1907.
10 27 Op. Atty. Gen, 95, Nov. 25, 1908. Schedule A, pp. 80 87, "Civil Service Act, Rules, Statutes, Executive Orders and Regulations," obtainable upon application to "Civil Serv. ice Commission, Washington, D. C.
(8) Whenever the separate office of Indian agent shall be discontinued in any agency, and his duties devolved upon the superintendent of the training school, the agent may be made a classified employee at such school or agency upon such test of fitness as may be determined upon by the Secretary of the Interior and the commission.
(9) A retired Army officer may be appointed as superintendent of an Indian school without competitive examination upon the request of the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, setting forth that such officer has the required educational and business qualifications for such position, and accompanied by the authenticated military record of said officer. The commission will then issue the necessary certificate.11
(10) Whenever the commission shall find that the duties or compensation of a vacant position are such, or that qualified persons are so rare that in its judgment such position cannot, in the interest of good civil service administration, be filled at that time through open competitive examination, it may authorize such vacancy to be filled without competitive examination, and in any case in which such authority may be given, evidence satisfactory to the commission of the qualifications of the person to be appointed without competitive examination shall be required. A detailed statement of the reasons for its action in any case arising hereunder shall be made in the records of the commission and shall be published in its annual report. Any subsequent vacancy in such position shall not be filled without competitive examination except upon express authority of the commission in accordance with this section.
Rule III. Examinations.-(1). The commission shall prepare and hold open competitive examinations for admission to the classified service, which examinations shall be of a practical and suitable character, and shall be held at such times and places as may most nearly meet the convenience of applicants and the needs of the service. 12
(2) Where, in its opinion, the conditions of good administration warrant, the commission may give noncompetitive examinations to test fitness for (a) transfer, reinstatement, or promotion; and (b) appointment to the positions named in Schedule B of these rules.
11 30 Op. Atty. Gen. 51, Feb. 7, 1913.
Rule IV. Boards of Examiners.-(1) The commission shall designate from among persons in the federal service, after consulting the head of the department or office in which such persons serve, such boards of examiners as it may deem necessary. Their members shall perform such duties as the commission may direct, in connection with the execution of the Civil Service Act and of these rules, and in the performance thereof they shall be under the direct and sole control of the commission. Such duties shall be considered part of the duties of the office in which they are serving and time shall be allowed therefor during office hours. No board shall be composed solely of adherents of one political party when other persons are available and competent to serve.13
(2) The commission shall render all practicable assistance to the Philippine civil service board, and shall conduct examinations, upon its request, under such regulations as may be jointly agreed upon,
(3) Persons in the executive civil service shall facilitate the holding of examinations and other work of the commission; and executive officers in charge of public buildings shall permit and arrange for the use of suitable rooms under their charge, and for heating, lighting, and furnishing the same.
Rule V. Qualifications of Applicants.—(1) No. person shall be admitted to examination unless he be a citizen of or owe allegiance to the United States: Provided, that when an examination has been duly announced to fill a vacancy and there is a lack of eligibles who are citizens, the commission may, in its discretion, examine persons who are not citizens, but they shall not be certified for appointment so long as citizens are eligible.14
(2) Application for examination must be made under oath, in such form and manner and accompanied by such certificates as the commission may prescribe.15
(4) The commission may refuse to examine an applicant or to certify an eligible for any of the following reasons: (a) Dismissal from the service for delinquency or misconduct within one year next preceding the date of his application ; (b) physical or mental unfitness for the position for which he applies: Provided, that the commission may, in its discretion, exempt from the physical requirements established for any position a disabled honorably discharged soldier, sailor, or marine upon a certificate of the United States Veterans' Bureau attesting that he has completed an appropriate and sufficient rehabilitatory course of training for the duties of the class of positions in which employment is sought: And provided further, that the commission may, in its discretion, waive the physical requirements in the case of a disabled veteran not so trained to permit his examination; (c) criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (d) intentionally making a false statement in any material fact, or practicing any deception or fraud in securing examination, registration, certification, or appointment; (e) refusal to furnish testimony as required by rule XIV; (f) the habitual use of intoxicating beverages to excess. Any of the last five foregoing disqualifications shall also be good cause for removal from the service.
13 20 Op. Atty. Gen. 557, March 31, 1893.
15 Johnson v. United States, 26 App. D. C. 128; United States v. Crandol (D. C.) 233 F. 331.
(5) The commission may, with the approval of the proper appointing officer, change by regulation the existing age limits for entrance to the examinations under these rules; but persons preferred under the Urgent Deficiency Act of July 11, 1919, may be examined without regard to age.
(6) Applicants for positions in the recognized mechanical trades must have served as apprentices or journeymen for such periods as the commission may prescribe.
Rule VI. Ratings and Eligibility.—(1) Examination papers shall be rated on a scale of 100, and the subjects therein shall be given such relative weights as the commission may prescribe. Honorably discharged soldiers, sailors, and marines, and widows of such, and wives of injured soldiers, sailors, and marines, who themselves are not qualified, but whose wives are qualified for appointment, shall have five points added to their earned ratings in examinations for entrance to the classified service. Applicants for entrance examination who, because of disability, are entitled either to a pension by authorization of the Bureau of Pensions or to compensation or training by the Veterans' Bureau, shall have ten points added to their earned ratings. In examinations where experience is an element of qualifications time spent in the military or naval service of the United States during the World War or the War with Spain shall be credited in an applicant's ratings where the applicant's actual employment in a similar vocation to that for which he applies was temporarily interrupted by such military or naval service but was resumed after his discharge. Competitors shall be duly notified of their ratings.
(2) All competitors rated at 70 or more shall be eligible for appointment, and their names shall be placed on the proper register according to their ratings.
(3) The term of eligibility shall be one year, beginning with the date on which the name of the eligible is entered on the register. This term may be extended, in the discretion of the commission, for all those on any register when the conditions of good administration render it inexpedient to hold a new examination.
Rule VII. Certification.-(1) Any position or employment in the classified service not excepted from competitive examination, unless filled by reinstatement, transfer, promotion, or reduction, shall be filled in the following manner:
(a) The nominating or appointing officer shall request the certification of eligibles, and the commission shall certify, from the head of the register of eligibles appropriate for the group in which the position or positions to be filled are classified, a number of names sufficient to permit the nominating or appointing officer to consider three names in connection with each vacancy.
When so provided by regulation of the commission, selection shall be made from the register by the nominating or appointing officer without preliminary certification of the commission. Certification of an eligible for temporary appointment shall not affect his certification for probational appointment. Certifications shall be made without regard to sex unless sex is specified in the request.
(b) The nominating or appointing officer shall make selection for the first vacancy from not more than the highest three names certified, or on the register, with sole reference to merit and fitness, unless objection shall be made and sustained by the commission, to one or more of the persons certified, for any of the reasons stated in rule V, section 4. For the second vacancy he shall make selection from not more than the highest three remaining, who have not been within his reach for three separate vacancies, or against whom objection has not been made and sustained in the manner indicated. The third and any additional vacancies shall be filled in like manner. More than one selection may be made from the three names next in order for appointment, or from two names if the register contains only two, subject to the requirements of section 2 of this rule as to the apportionment. An appointing officer who passes over a veteran eligible and selects a nonveteran with the same or lower rating shall place in the records of the department his reasons for so doing. Any eligible who has been within reach for three separate vacancies in his turn may be subsequently selected, subject to the approval of the commission, from the certificate on which his name last appeared, if the condition of the register has not so changed as to place him in other respects beyond reach of certification.16
(c) The person selected for appointment shall be duly notified by the appointing officer, and upon accepting and reporting for duty shall receive from such officer a certificate of appointment. The first six months under this appointment shall be a probationary period; but the commission and the department concerned may, by regulation, fix the probationary period at one year for any specified positions. If and when, after full and fair trial, during this period, the conduct or capacity of the probationer be not satisfactory to the appointing officer, the probationer shall be so notified in writing, with a full statement of reasons, and this notice shall terminate his service. His retention in the service beyond the probationary period confirms his absolute appointment.17
A probationer separated from the service without delinquency or misconduct may be restored to the register of eligibles, in the discretion of the commission, for the remainder of his period of eligibility.
(2) Certification for appointment in the departments or independent offices at Washington shall be so made as to maintain, as nearly as the conditions of good administration will warrant, the apportionment of appointments among the several states and territories and the District of Columbia upon the basis of population, but eligibles who have been granted military preference shall be certified without regard to apportionment: Provided, that appointments to the following positions shall not be so apportioned:
In all departments and offices: Apprentice, cabinetmaker, carpenter, electric lineman, electric wireman, engraver, gardener, helper (if approved by the commission), messenger boy, messenger girl, painter, plumber, skilled laborer (female), student, and telephone operator.
In the Government Printing Office, Mail Equipment Shops, local offices in the District of Columbia, field service of the military staff departments, and at Army headquarters: All positions.
16 13 Op. Atty. Gen. 516, Aug. 31, 1871; 20 Op. Atty. Gen. 64, April 8, 1891. 17 21 Op. Atty. Gen. 289, Jan. 9, 1896.