December 3, 1908, Army Transport Service...

March 2, 1909, deputy marshals...

June 29, 1909, and August 5, 1909, laborers, New York custom-house.....

117

175

182

Under the order of October 9, 1908, the 588 employees, classified and made subject to the civil-service rules, were mostly in the field service of the Interior Department.

In the New York custom-house the classification of 182 laborers as watchmen or as laborers under the executive orders of June 29, 1909, and August 5, 1909, was deemed necessary by the department in connection with a general revision at the New York custom-house.

BY OPERATION OF ACT OF CONGRESS.

The legislative appropriation act for 1909 had the effect of transferring 4 clerks and 9 additional members of the board of pension appeals, Interior Department, from the excepted to the competitive class.

AUTOMATICALLY.

During the year 32 persons were found to be entitled to classificacation as laborers; 5 employees were classified under the War Department in Honolulu and the Philippines; 4 others for long and meritorious service over seas; 5 in the Penitentiary Service at Leavenworth; and 15 Indian agents were appointed superintendents. All of the above were classified under provisions of the rules, or under orders previously issued, making classification in each case contingent upon approval by the Commission. In addition, 6 persons were regarded as classified by the inclusion of their positions in the federal service; 2 by increase of compensation; and 1 by change in the method of filling the position from enlistment to appointment. Also the extension of free delivery to 112 post-offices brought 349 persons into the competitive service.

EXCEPTIONS FROM EXAMINATION.

An order, February 3, 1909, excepting national bank examiners and receivers under the office of the Comptroller of the Currency, gave specific authority for a practice which has always prevailed of appointing them without examination under the civil-service rules. The highly confidential character of their employment and the degree to which the personal element enters in determining fitness are the reasons advanced by the department for treating these employees as in the excepted class.

Cable electricians under the War Department were excepted from examination by order of June 23, 1909, as all of the persons qualified for this position are in the employ of commercial companies, and it would not be practicable to secure the degree of competition requisite for the successful operation of the merit system. The number of

positions is small and the qualifications are of a highly technical

nature.

One superintendent of construction in the Quartermaster's Department at Large, Corregidor, Philippine Islands, was also excepted, by order of July 9, 1909, in view of the urgent need of an employee for that position and in the absence of available eligibles possessing the necessary qualifications.

Three additional special agents in the General Land Office to investigate fraudulent entries and other matters of a criminal nature were excepted, by order of August 6, 1909.

as

Persons actually employed in the Public Health and MarineHospital Service at the leprosy investigation station, Molokai, Hawaii, were also excepted, by order of September 24, 1909, properly qualified eligibles could not be secured through competitive examination.

During the year the appointments of 58 individuals were authorized by special executive orders (as compared with 52 persons in the previous year) and two persons were so appointed from July 1, 1909, to November 22, 1909. These exceptions waived either examination or the year limit for reinstatement. In addition four persons were transferred, six promoted, and two admitted to examination, notwithstanding physical defects, by executive action. The reasons for these exceptions, as required by statute, are fully set forth in the appendix.

EXAMINATIONS AND APPOINTMENTS. a

During the year ended June 30, 1909, there were 40,933 persons appointed, transferred, or promoted upon examination to competitive positions in the federal service, and 2,133 others were transferred or reinstated on certificate without examination. Including appointments to the Philippine service and appointments of mere unskilled laborers, and excluding temporary assignments, 43,970 appointments were made under the rules and labor regulations.

Number examined, number passed, and number of appointments to competitive positions under the rules and to the Philippine service and mere unskilled laborer positions. b

a Statistics relating to examinations and appointments appear in the appendix to this report. > See also report of chief examiner, page 37.

Number examined, number passed, and number of appointments to competitive positions under the rules and to the Philippine service and mere unskilled laborer positionsContinued.

Distribution of original appointments through examination, by occupation.

Occupation.

Number. Per cent.

Professional, scientific, and technical..

1,372

31

Clerical and subclerical, such as watchmen, messengers, and rural carriers.

Attention is invited to the statement of the chief examiner in his report, which follows this report, showing the efforts of the Commission to reduce and simplify the examinations.

NONCOMPETITIVE EXAMINATIONS.

Noncompetitive examinations are as a rule given only to test the fitness of employees who are nominated for promotion, transfer, or reinstatement, under the provisions of the rules dealing with those subjects.

One examination was held under the authority of the act to dispense with competition in cases where competent persons do not compete, but no appointment was made, as the person examined declined to

serve.

TEMPORARY APPOINTMENTS.

The rule governing temporary appointments, as amended on January 27, 1908, continues to operate satisfactorily to the departments and the Commission. In Washington few temporary appointments have been made without examination and certification. The appointments so made have been authorized because there were no suitable eligibles and because it appeared that the interests of the service required the positions to be filled before eligibles could be obtained. In cases of this kind, the temporary appointees were required to furnish satisfactory evidence of their qualifications and fitness for the positions.

There has been a considerable number of job appointments (See paragraph 4 of Rule VIII), but the greater part of these has been from eligible registers. A large number of job appointments is made each year in the Government Printing Office during the sessions of Congress, mostly to the position of compositor, such appointments being made from the registers.

There has been an increase in the number of temporary appointments in some of the field services owing to the inability of the Commission to promptly furnish eligibles for permanent appointment. This is especially true in regard to the position of stenographer and typewriter, and also certain clerical positions in isolated sections, particularly in the Forest Service.

In order to give more intelligent consideration to requests for approval of temporary appointments, and to keep a closer check upon them, two important regulations were adopted during the year, one requiring that each request for approval of a temporary appointment indicate the exact nature of the appointment, and the other requiring that each request for approval of a job appointment indicate the actual or probable duration of the appointment. In addition to the regulations above referred to, the Commission, endeavoring not only to decrease the number of temporary appointments, but also to shorten the average duration of such appointments, addressed letters to all the departments and independent offices, which letters contained the following:

The Commission endeavors to impress upon applicants seeking temporary work that this class of employment is only resorted to by the departments where through sudden and unexpected pressure of work the permanent force is unable to cope with the requirements except by jeopardizing the prompt dispatch of business. The Commission in authorizing such appointments endeavors to restrict them to such periods as may be absolutely necessary, and not to exceed three months, or at most six months, which is the recognized limit of such temporary appointments. It should be borne in mind that as the authorizations of temporary appointments are exceptional in character, being based upon the actual needs of the service, the appointments must not be continued any longer than is absolutely necessary. It is feared that, owing to the importunities of applicants and their friends, officials have been somewhat prone to overlook this limitation and to act on the assumption that when once a person has been temporarily engaged his employment should be continued for the full period authorized, regardless of the fact that the pressure of work which originally necessitated the temporary assistant may have ceased, or at least have considerably abated. To prevent abuses and annoyance in connection with temporary employments, and the unjustifiable expenditures to which they give rise, the Commission ventures to urge that you impress upon your officers that temporary employees be not continued any longer than the exigencies of the service render absolutely necessary, and that persons so engaged be notified that their employment is not made for any definite period, but only for so long as the exigency demands.

The Commission is pleased with the spirit of cooperation manifested by the departments and independent offices in carrying out the provisions of the rules and regulations governing temporary appointments,

REMOVALS.

The complaint that unfit men are "protected by the rules" is not true. On the contrary, the power of removal for unfitness rests wholly with the appointing officer. He is the sole judge of the qualifications of his subordinates, and the question, whether such cause exists as requires a removal for the efficiency of the service, is for him to determine. The Commission has no power to review his findings in this respect save to see that the procedure required by the rule is carried out, that removals are not made for political or religious reasons, and that like penalties are imposed for like offenses. The statement of a mere conclusion that the rule has been violated is not a sufficient ground for the Commission's intervention. It must be supported by evidence to that effect either in the form of sworn statements or the showing of extrinsic facts.

The civil-service act did not, of course, intend that there should be a life tenure, or that persons who become inefficient should be retained. Some of the reasons which shall be good cause for removal from the competitive classified service are enumerated in the civilservice rules, as follows: Physical or mental unfitness for the position which the employee or officer holds; criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; intentionally making a false statement as to any material fact, or practicing any deception or fraud in securing examination, registration or certification, or appointment; refusal to furnish proper testimony before the examiners of the Commission; the habitual use of intoxicating beverages to excess; (upon second offense) consenting to a recommendation for his promotion from a person other than the one under whose supervision the employee has served; and taking an active part in political management or in political campaigns.

The act and rules recognize that the power of removal and its exercise for just reasons are essential both to the discipline and the efficiency of the public service. They forbid removal for refusal to perform a political service or to pay a political assessment; but with these exceptions the power of removal is absolutely in the discretion of the heads of the departments. No notice is required as a condition precedent to its exercise, but the cause must be stated in writing and filed. Even this proceeding is unnecessary where misconduct is committed within the view of the President or the head of an executive department. The head of the department may, in his discretion, furnish the person to be removed a written statement of the reasons for his removal, and allow him a reasonable time to make answer. The rule is intended to prevent removals upon secret charges and for political or religious reasons. It does not create any legal interests in public positions and can not be invoked before the courts,