AMENDMENTS TO THE RULES

Operatives engaged in the audit of accounts of the Postal Service in the General Accounting Office were placed in the nonapportioned service, and their transfer or promotion to apportioned positions prohibited by Executive order of June 19, 1916. This action was taken upon recommendation of the Auditor for the Post Office Department in an effort to stabilize this force of employees engaged upon very difficult and uninteresting work. It was found, however, that continuous employment over a period of years on this work adversely affected the health of the employees, and was out of harmony with modern welfare methods and legislation.

By Executive order of August 14, 1928, section 2 of Rule VII was amended placing operatives in the General Accounting Office in the apportioned service, and section 6 of Rule XI, prohibiting their transfer or promotion, was revoked.

On March 2, 1929, sections 1 and 2 of Rule VI and section 5 of Rule XII were amended liberalizing the preference allowed to veterans, their widows, and, under certain conditions, their wives. The effect of this amendment is considered elsewhere in this report in the discussion concerning veteran preference.

EXCEPTIONS FROM PROVISIONS OF THE RULES

Sixty-six Executive orders waiving some provisions of the civilservice rules were issued during the year.

Forty-one orders authorized appointments, 23 permitted reinstatements, 1 conferred a competitive classified status, and 1 waived the age limit to permit examination.

These waivers constitute, as in the past, a small percentage of the entire number of appointments.

Two orders were issued affecting presidential postmaster positions, in each of which examination was waived to permit nomination for postmaster.

A compilation of these orders appears in the appendix.

POLITICAL ACTIVITY

Although a presidential campaign and election occurred during the year comparatively few violations of the political activity rule came to the commission's attention. None of these cases were of a serious nature or excited any special public attention. It is gratifying that no instance of political assessments was found sustained by investigation or finding of grand juries. This was probably due, in part at least, to the warnings issued to employees that while they

were free to vote as they pleased and to express their opinions privately they must not be active politically.

The commission long ago adopted the practice of distributing posters biennially to Federal offices setting forth the restrictions of the political activity rule and warning classified employees not to engage in prohibited activities. It is believed that the limitations of the law and rules are now generally understood by employees and are being well observed.

The following table shows the number of cases in which the commission took action on complaints of political activity and assess

It will be observed that the number of cases was somewhat less than during the year covered by the last report-a fact more notable because of the presidential campaign. The investigations indicate that infractions of the political activity rule are due usually to ignorance rather than willful violations.

It has been found in a relatively large proportion of cases involving violation of the political activity rule that the offender is a rural carrier, due, no doubt, to the practice (referred to in the commission's Forty-first Annual Report) of the Post Office Department obtaining recommendations for rural carrier appointments from Members of Congress or political committees. The department states that it has now definitely discontinued this practice. Steps have recently been taken to have each new appointee to the Rural Carrier Service furnished with printed information concerning the restrictions placed upon political activity, which, it is hoped, will have the effect of reducing the number of infractions of the political activity rule by this class of employees.

In five cases postal employees were found to be holding local office or to be candidates for such office in contravention of the Executive orders of January 17 and 28, 1873. These cases were referred to the proper departmental authorities and the employees were required to withdraw from local office.

Thirteen complaints of alleged political activity on the part of presidential officers and unclassified officers and employees were reported to the commission. These complaints were referred to the head of the department under which these persons were serving.

The postmaster of a fourth-class office resigned the postmastership to accept the office of county commissioner. One postmaster of a fourth-class office was removed on charges including political activity; however, the violation of the political activity rule did not in itself warrant drastic disciplinary action.

In three cases the Post Office Department administered a reprimand and reduction in salary for service reasons, including political activity, without reference of the cases to the commission for recommendation.

It is, of course, desirable that the penalties imposed for violations of the political activity rule shall be uniform throughout the service. At present there is no requirement that the recommendation of the commission shall be followed by the departmental authorities. It may be stated, however, that with few exceptions they concur in the commission's recommendations and take action accordingly.

During the year, permission has been granted, under the terms of the Executive order of August 27, 1919, to two employees of the Naval Academy, Annapolis, Md.; and three employees of the Norfolk Navy Yord, Portsmouth, Va., to become candidates for municipal office.

PERSONNEL RECORDS

The statements in our annual report for 1928 relating to personnel are still pertinent and are therefore repeated. Progress has been made with our present force in supplementing the records by the objectionable method of deferring important but less urgent work.

The civil service act of 1883 made necessary the creation and maintenance of a service record of each employee subject to that act. The value of these records to the Commissioner of Pensions in checking services and salaries reported to him as a basis of computation of annuities is recognized in the following provisions of the retirement act:

The Civil Service Commission shall keep a record of appointments, transfers, changes in grade, separations from the service, reinstatements, loss of pay, and such other information concerning individual service as may be

deemed essential to a proper determination of rights under this act; and shall furnish the Commissioner of Pensions such reports therefrom as he shall from time to time request as necessary to the proper adjustment of any claim for annuity hereunder; and shall prepare and keep all needful tables and records required for carrying out the provisions of this act, including data showing the mortality experience of the employees in the service and the percentage of withdrawals from such service, and any other information that may serve as a guide for future valuations and adjustments of the plan for the retirement of employees under this act.

The provisions regarding mortality experience and percentage of withdrawals call for expansion of the records as does also inclusion under the retirement act of superintendents of national cemeteries, employees of the Architect of the Capitol, Library of Congress, Botanic Garden, recorder of deeds, register of wills, Panama Canal, municipal government of the District of Columbia, and postmasters of the first, second, and third class who have been promoted, appointed, or transferred from the classified civil service, none of whom are subject to the civil service act or rules.

The commission is desirous of establishing a current record, in one alphabet, of all employees in the executive civil service, both for official use and legitimate public use. As the constant additions to the service records necessitate their separation by departments and establishments, the Official Register, which was discontinued by Congress, after 1921, is greatly missed as a book of reference.

If the classification act of 1923 shall be extended to the field service, extensive additions to the service records will be required.

RURAL CARRIERS

A readjustment of the service by the Post Office Department has been under way for the past few years, resulting in the discontinuance of 564 rural routes during the past year. There remain 43,867 routes.

Heretofore in filling vacancies it has been the practice of the department to obtain recommendations from Members of Congress or members of political committees. Letters from eligibles have been received conveying the impression that selections were governed by political considerations. The commission has protested against this practice, and is glad to state that it has now been discontinued. The list of eligibles certified is now sent by the department to the postmaster for his report upon their character. This procedure has resulted in expediting appointments and shortening the periods of temporary service.

2 See Forty-first Report, pp. 26 and 27.

RETIREMENT

An amendment of February 20, 1929, of the retirement act permits the commission to validate services rendered by employees retained beyond retirement age without the requisite prior approval, when such retention was not due to any attempt of the employee to deceive for the purpose of defeating any provision of the retirement act. Relief is being afforded to innocent employees by giving them credit for service past the retirement age, or refunding to them or their widows, deductions made from salaries paid them past retirement age. The number is not large.

OPTIONAL RETIREMENT

Retentions exceed retirements for age. Two-year extensions beyond retirement age have been granted 12,375 employees; and enough of these have obtained one or more additional 2-year extensions to increase the number of continuance certificates to 19,745; but only 18,910 employees have been retired for age upon annuity. This indicates that employees generally do not desire to retire, and that the actuarial assumption is incorrect that any considerable per cent of them would be tempted to retire by an increase of annuity, or an option in retirement age. Figures just given are more significant because at all times there have been department and office heads opposed to retention of employees beyond retirement age. Experience of nine years under the retirement act indicates that employees will not, because they can not, to any great extent, take advantage of any early optional retirement which may be provided. Most employees, at all ages, married or single, have obligations and family dependents. They can not afford to accept an annuity which can not exceed two-thirds of their pay, and may be much less, and whose maximum is $1,000. An increase of the maximum to $1,200 would not greatly modify the conditions. Optional retirement would thus be amply guarded against abuse by employees in sound health.

As was stated in last year's report, it is learned informally that 95 per cent or more of all employees in the departments, on arrival at retirement age, desire to remain if they are at all able to do so; except that in the Post Office Service the percentage willing to retire is somewhat greater.

The Government's need of an optional retirement provision is shown by the relative numbers of annuitants retired for age and for disability on the rolls on June 30, 1928, according to Table 20 in the report of the Commissioner of Pensions.