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removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same.
(2) In making removals or reductions, and in other punishment, like penalties shall be imposed for like offenses, and no discrimination shall be exercised for political or religious reasons. 21
(3) Pending action under section 1 of this rule, or for disciplinary reasons, a person may be suspended for a period not to exceed ninety days, but the reasons for such suspension shall at the time of the suspension be filed in the records of the proper department or office and copies shall be furnished the commission upon request. The period of suspension may be extended beyond ninety days with the prior consent of the commission.
(4) The commission shall have no jurisdiction to review the findings of a removing officer upon the reasons and answer provided for in section 1 of this rule, nor shall the commission have authority to investigate any removal or reduction, unless it is alleged, with offer of proof, that the procedure required by section 1 of this rule has not been followed or that the removal was made for political or religious reasons.22
(5) In harmony with statutory provisions, when reductions are being made in the force, in any part of the classified service, no employee entitled to military preference in appointment shall be discharged or dropped or reduced in rank or salary if his record is good.
Rule XIII. Reports of Changes.—(1) Every nominating or appointing officer in the executive civil service shall report in detail to the commission whenever and in such manner as it may prescribe, all changes in the service under his authority, whether they affect positions or employees that are classified, unclassified, excepted, permanent, temporary, or subject to contract.
(2) Such officers shall also furnish to the commission, when requested, a list of all the positions and employments under their authority, together with the names, designations, compensations, duties, and dates of appointment or employment of all persons serving therein.
(3) Reports of appointments and changes in status of mere laborers or workmen shall be accompanied by a statement setting forth specifically the kind of labor performed in detail sufficient to enable the commission to determine the status of each position as classified or unclassified; and a similar statement of duties performed by any employee or pertaining to any position in the executive civil service shall be furnished to the commission on request. All essential changes of duties pertaining to persons appointed as mere laborers or workmen without examination under the civil-service rules shall be at once reported to the commission.
20 30 Op. Atty. Gen. 181.
22 United States ex rel. Taylor v. Taft, 24 App. D. C. 95; United States v. . Wickersham, 201 U. S. 390, 26 S. Ct. 469, 50 L. Ed. 798; United States v. Ide, 25 Ct, Cl. 401– 407; United States v. Arant, 55 Ct. Cl. 327; Persing v. Daniels, 43 App. D. C. 470; Dean v. Burleson, 43 App. D. C. 475; United States v. Norris, 55 Ct. Cl. 208.
Rule XIV. Testimony.-It shall be the duty of every officer and employee in the executive civil service, and of every applicant or eligible for a position therein, to give to the commission, or its authorized representatives, all proper and competent information and testimony in regard to matters inquired of arising under the civil service act and rules, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths.23
Rule XV. Withholding Salary.-If the commission shall find that any person is holding a position in violation of the civil service act or of the rules promulgated in accordance therewith, it shall, after notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within 10 days thereafter, it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Providing, that if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney General thereon.24
Rule XVI. Regulations.—(1) The commission shall have authority to make regulations for the execution of these rules.
(2) No modification of the existing regulations in the Navy Department governing the employment of labor at navy yards shall be made without the approval of the commission.25
5. Status of the Commission
The Civil Service Commission is not attached in any wise to any of the executive departments, nor is it subject in any wise to the control of any of the heads of those departments. There is nothing in the act constituting the commission which makes it subject to any regulation or control, except that26 of the President himself.
6. Authority to Make Regulations
When Congress conferred upon the President power to make rules and regulations for carrying the Interstate Commerce Act into effect, the rules so made have the force of law.27 The President is given a wide range of power to supplement the statutory rules by others not specifically covered by the statute.28
23 23 Op. Atty. Gen. 595, Dec. 2, 1901 ; Decision Comp. Treas. Aug. 17, 1911; 5 Comp. Treas. 797; 9 Comp. Treas. 276; 17 Comp. Treas. 584.
24 Glavey v. United States, 35 Ct. Cl. 212, citing Romero v. United States, 24 Ct. Cl. 336; People ex rel. Stratton v. Oulton, 28 Cal. 51; Bennett's Case, 19 Ct. Cl. 388. Decision Comp. Treas. April 1, 1899, 5 Dec. 619; July 25, 1896, 3 Dec. 52.
25 27 Op. Atty. Gen. 446, July 6, 1909. 26 22 Op. Atty. Gen. 62, May 4, 1898.
27 10 Op. Atty. Gen. 469, March 19, 1862; Woods v. Gary (D. C. Sup. Ct.) 25 Wash. Law Rep. 591; Opinion of the Justices, 138 Mass. 601. 28 23 Op. Atty. Gen. 595, 597, Dec. 2, 1901 ; 30 Op. Atty. Gen. 512, March 24, 1916.
7. Only Two Members of Family Allowed in Civil Service
Section 9 of the act provides that, where there are already two members of a family in the public service subject to this act, the original appointment of a third member of the same family is prohibited.29 Where members of the family (i. e., those who live under the same roof with the paterfamilias) branch out and become heads of new establishments, they cease to be part of the father's family.30
8. General Functions of Divisions and Independent Units
(Sa) Application Division.—(1) Preparation, printing, and distribution of examination announcements.
(2) General publicity and the preparation of printed matter.
(3) Furnishing information to the public regarding applications, examinations, and the government service in general.
(4) Receipt, record, and review of applications.
(5) Investigation of fraud with respect to age, physical qualifications, military record, etc.
(6) Investigation and action in claims for veteran preference.
(7) Investigation by mail of the fitness of applicants, except for the positions of policeman and secret service operative.
(8) Admission of persons to examination. (9) Custody of the list of persons barred from examination. (10) Requisition of shipment of examination questions to examination points.
(11) Organization and maintenance of records of local examining boards and of examination accommodation records.
(12) Maintenance of records and statistics of examinations and of competitors. (86) Examining Division.-(1) Devising appropriate examinations. (2) Preparation of questions for written examinations. (3) Ordering printing of examination questions and reports of rating. (4) Shipping examination papers to examiners.
(5) Passing on eligibility for admission to examinations with respect to prerequisites of education and experience.
(6) Rating and averaging examination papers, and writing reports of rating.
(7) Forwarding to Application Division completed papers of departmental examinations and to district offices those of field examinations listed in order of averages.
(8) Supervision of methods of conducting examinations.
(9) Conduct of examinations for departmental service held in Washington, D. C.
(10) Action on appeals and review of examinations for presidential postmasters.
(11) Preparation of memoranda on appeals on request of Division of Investigation and Review.
29 17 Op. Atty. Gen. 554, June 12, 1883; 18 Op. Atty. Gen. 83, Dec. 9, 1884; 26 Op. Atty. Gen. 261, May 25, 1907; 30 Op. Atty. Gen. 169, June 5, 1913. 30 26 Op. Atty. Gen. 301, July 12, 1907.
(12) Conduct of oral examinations, when required, except for inspector and agent, Anti-Narcotic Service, special agent, Special Intelligence L'nit, and other positions of a detective nature.
(13) Rating examinations, when required, involving changes in designation, such as promotion, transfer, or reinstatement.
(14) Handling cases of irregularity in the conduct of examinations, when fraud, collusion, copying, use of helps, or false statements of facts having bearing on rating are not alleged or involved.
(8c) Appointment Division.-(1) Requesting the Examining Division for announcement of examinations for departmental and field services.
(2) Preparation and maintenance of registers of eligibles and certification therefrom of eligibles for appointment.
(3) Action and record in temporary appointment.
(5) Maintenance of service records of permanent employees in the executive civil service.
(6) Action in cases involving change in designation, such as promotion, transfer, and reinstatement, and reference to the Division of Investigation and Review those which entail question of necessity of examination.
(7) Maintenance of files and distribution of mail. (8) Action in retirement cases.
(9) Action in cases of violation of the civil-service law or rules by administrative officers or employees.
(8d) Division of Investigation and Review.-(1) Reviewing ratings or cancellations on appeal.
(2) Investigation of frauds in examinations on the part of competitors or examiners.
(3) Investigation of complaints of irregularities in the conduct of examinations.
(4) Personal investigation in the field of the character and suitability of applicants and of fraud cases.
(5) Conduct of examinations for secret service operatives.
(6) Determination of examination requirements in noncompetitive changes in designation.
(7) Conduct of oral examinations for inspector and agent, Anti-Narcotic Service, special agent, Special Intelligence Unit, and other positions of a detective nature.
(8) Research Section.-(1) Study of duties of positions and qualifications necessary to perform such duties.
(2) Construction of tests for research purposes to be used with tests at present in use.
(3) Follow-up studies to measure the selective value of tests.
(88) Office of superintendent of Field Force.-(1) General superivision over the operation and procedure of the district system.
(2) Co-ordination of divisional work of commission with district work through visé of communications.