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CIVIL-SERVICE RULES. "

order.

Promulgating In the exercise of power vested in him by the Constitution, and of authority given to him by the seventeen hundred and fifty-third section 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

terms.

Amended vember 2, 1896.

Dismissal

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 of the civil-service act.

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

No

for violation of act or rules.

with elections

(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.

1. Any person in the executive civil service of the United States who shall willfully violate any of the provisions of the civil-service act or of these rules shall be dismissed from office.

Interference 2. No person in the executive civil service shall use his official forbidden. authority or official influence for the purpose of interfering with an election or controlling the result thereof.

No dismissal or change of rank

ions.

3. No person in the executive civil service shall dismiss, or cause to for political or be dismissed, or make any attempt to procure the dismissal of, or in religious opin- any manner change the official rank or compensation of any other person therein because of his political or religious opinions or affiliations. 4. No question in any examination or form of application shall be of political or re- so framed as to elicit information concerning, nor shall any inquiry of applicants, be made concerning, nor any other attempt be made to ascertain, the

No disclosures

ligious opinions

etc.

political or religious opinions or affiliations of any applicant, competitor, or eligible; and all disclosures thereof shall be discountenanced. And no discrimination shall be exercised, threatened, or promised against or in favor of any applicant, competitor, or eligible because of his political or religious opinions or affiliations.

a As promulgated May 6, 1896, and amended to October 14, 1902.

tions that can not

or considered.

5. No recommendation of an applicant, competitor, or eligible in- Recommendavolving any disclosure of his political or religious opinions or affilia- be received, filed, tions shall be received, filed, or considered by the Commission, by any board of examiners, or by any nominating or appointing officer. 6. In making removals or reductions, or in imposing punishment, Penalties like for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the polițical or religious opinions or affiliations of the offenders.

in character.

13, 1902.

7. A person holding a position on the date said position is classi- Status of employees after fied under the civil-service act shall be entitled to all the rights and classification. benefits possessed by persons of the same class or grade appointed, Amended March upon examination under the provisions of said act: Provided, That no such person shall be transferred from any Department, office, or branch of the service to a position in another Department, office, or branch of the service, until he has passed the examination prescribed for original entrance to the position to which transfer is proposed.

Procedure in

removals.

Amended May

a 8. No removal shall be made from the competitive classified service except for just cause and for reasons given in writing; and the person Promulgated sought to be removed shall have notice and be furnished a copy of July 27, 1897. such reasons, and be allowed a reasonable time for personally answer- 29, 1899. ing the same in writing. Copy of such reasons, notice, and answer and of the order of removal shall be made a part of the records of the proper Department or office; and the reasons for any change in rank or compensation within the competitive classified service shall also be made a part of the records of the proper Department or office. 9. For the purpose of enabling the Commission to make the inves- Duty of public tigations authorized by section 2 of the civil-service act, it shall be the investigations. officersregarding duty of every officer and employee in the public service to give to said Commission or its authorized representatives all proper and competent information and testimony in regard to all matters inquired of, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths.

RULE III.

Promulgated December 11, 1901.

Different branches of

1. All that part of the executive civil service of the United States which has been or may hereafter be classified under the civil-service classified servact shall be arranged in branches as follows: The Departmental Serv- Ice. ice, the Custom-House Service, the Post-Office Service, the Government Printing Service, and the Internal-Revenue Service.

ice.

2. The Departmental Service shall include officers and employees as Extent of defollows, except those in the service of the Government Printing Office partmental servand in the service of the several custom-houses, post-offices, and internal-revenue districts.

(a) All officers and employees of whatever designation, except persons merely employed as laborers or workmen and persons whose appointments are subject to confirmation by the Senate, however or for whatever purpose employed, whether compensated by a fixed salary or otherwise, who are serving in or on detail from

The several Executive Departments, the commissions, and offices in the District of Columbia.

The Railway Mail Service.
The Indian Service.

The several pension agencies.

a See Declaration of the Meaning of Section 8, Rule II," at page 58.

Amended May 13, 1896; Nov. 2, 1896; Dec. 23, 1896.

The Steamboat-Inspection Service.

The Marine-Hospital Service.
The Light-House Service.

The Life-Saving Service.

The several mints and assay offices.

The Revenue-Cutter Service.

The force employed under custodians of public buildings.
The several subtreasuries.

The Engineer Department at large.

The Ordnance Department at large.

(b) All executive officers and employees outside of the District of Columbia not covered in (a), of whatever designation, except persons merely employed as laborers or workmen and persons whose appointments are subject to confirmation by the Senate, whether compensated by a fixed salary or otherwise

Who are serving in a clerical capacity or whose duties are in

whole or in part of a clerical nature.

Who are serving in the capacity of watchman or messenger.
Who are serving in the capacity of physician, hospital steward,
nurse, or whose duties are of a medical nature.

Who are serving in the capacity of draftsman, civil engineer,
steam engineer, electrical engineer, computer, or fireman.
Who are in the service of the Supervising Architect's Office in the
capacity of superintendent of construction, superintendent of
repair, or foreman.

Who are in the service of the Treasury Department in any
capacity.

Who are employed in the Department of Justice under the annual appropriation for the investigation of official acts, records, and accounts of officers of the courts, and all officers and employees in the penitentiary service who are by law subject to classification. 3. The Custom-House Service shall include such officers and emtom-house serv- ployees as have been, or may hereafter be, classified under the civilAmended Nov. service act who are serving in any customs district. 2, 1896; July 27, 1897.

Extent of cus

ice.

Extent of postoffice service. Amended Nov. 27, 1901.

4. The Post-Office Service shall include all officers and employees in free-delivery post-offices and in the rural free-delivery service, except persons employed merely as laborers or workmen and persons whose appointments are subject to confirmation by the Senate: Provided, That until regulations for appointments of carriers in the rural freedelivery service shall become operative said carriers shall not be treated as classified hereunder: And provided further, That transfers shall not be made from the position of carrier in the rural free-delivery service to any other position in the classified service. And whenever the free-delivery system shall be established in any post-office the Postmaster-General shall at once notify the Commission of such establishment, and the officers and employees of said office shall be included within the classified service from the date of such establishment; and whenever, by order of the Postmaster-General, any post-office shall be Consolidation consolidated with and made a part of a free-delivery post-office, the of post-offices. Postmaster-General shall at once notify the Commission of such consolidation, and from the date of said order the employees of the office thus made a part of the free-delivery office whose names appear on the roster of the Post-Office Department shall be employees of said freedelivery office; and the person holding on the date of said order the

position of postmaster at the office thus made a part of said free-delivery office may be made an employee in said free-delivery office, and may, at the time of classification, be assigned to any position therein and given any appropriate designation which the Postmaster-General may direct.

Extent of Government print

5. The Government Printing Service shall include the officers and employees in the Government Printing Office who have been, or may ing service. hereafter be, classified under the civil-service act.

ternal-revenue

6. The Internal-Revenue Service shall include the officers and em- Extent of inployees in any internal-revenue district who have been, or may hereafter be, classified under the civil-service act.

7. All officers and employees who have heretofore been classified under the civil-service act shall be considered as still classified, and subject to the provisions of these rules.

8. The following-mentioned positions or employees shall not be subject to any of the provisions of these rules, except sections 1, 2, and 3 of Rule II.

service.

Amended Nov. 2, 1896.

Employees alcovered by rules. ready classified

Positions subject only to secs. 1-3 of Rule II. Amended May 29, 1899; Nov. 20,

(a) Any position filled by a person whose place of private business 1900; Nov. 18, 1901; Jan. 20,1902; Apr. is conveniently located for his performance of the duties of said posi- 30, 1902. tion, or any position filled by a person remunerated in one sum both for services rendered therein and for necessary rent, fuel, and lights furnished for the performance of the duties thereof: Provided, That in either case the performance of the duties of said position requires only a portion of the time and attention of the occupant, paying him a compensation not exceeding, for his personal salary only, $300 per annum, and permitting of his pursuing other regular business or occupation.

(b) Any person in the military or naval service of the United States who is detailed for the performance of civil duties.

(c) Any person employed in a foreign country under the State Department, or who is temporarily employed in a confidential capacity in a foreign country under any Executive Department or other office.

(d) Any position the duties of which are of a quasi-military or quasinaval character, and for the performance of which duties a person is enlisted for a term of years, or positions in the Revenue-Cutter Service where the persons enlist for the season of navigation only.

(e) Any local physician employed temporarily as acting assistant surgeon in the Marine-Hospital Service.

Amended Feb. 8, 1902.

(J) Any person employed in the Marine-Hospital Service as quar- Amended Aug. antine attendant at the Gulf, South Atlantic, Mullet Key, Reedy 16, 1902. Island, Cape Charles, Columbia River, or San Francisco quarantine; and any person temporarily employed as quarantine attendant, or acting assistant surgeon, or sanitary inspector, on quarantine vessels, or in camps or stations established for quarantine purposes during epidemics of contagious diseases, or for temporary duty either in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases.

(g) Any person in the national military parks at Gettysburg, Shiloh, Chickamauga, Chattanooga, Vicksburg, and Antietam, employed as commissioner, assistant in historical work, agent for purchases of land, historian, secretary, rodman, chainman, assistant superintendent, chief guardian, guardian, guard, inspector, carpenter, steam engineer, or painter. Appointments to these positions shall be made hereafter on registration tests of fitness prescribed in regulations to be issued by the Secretary of War and approved by the President.

Promulgated Nov. 26, 1901.

Examinations.

Examinations

required.

When noncompetitive exami

(h) Any person employed as office or field deputy in the office of a United States marshal.

(i) All physicians employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions. This paragraph shall not include medical examiners in the Pension Office.

(j) Indians employed in the Indian service at large, except those employed as superintendents, teachers, teachers of industries, kindergartners, and physicians.

(k) Temporary clerks employed in United States local land offices to reduce testimony to writing in contest cases, not paid from Government funds.

(1) Temporary clerks employed in the offices of suveyors-general, and paid from the funds deposited by individuals for surveying public lands.

9. Whenever the duties of any Indian agency shall be devolved upon the superintendent of the Indian training school located at such agency, and the separate office of Indian agent shall thereby be discontinued, the person holding such Indian agency at the date of such discontinuance may, in the discretion of the Secretary of the Interior, be made a classified employee in the Indian service at such agency, either as superintendent of such Indian training school or otherwise, upon such test of fitness as may be satisfactory to the Secretary of the Interior and the Civil Service Commission.

RULE IV.

1. In pursuance of the provisions of section 2 of the civil-service act, there shall be provided, to test fitness for admission to positions which have been or may hereafter be classified under the civil-service act, examinations of a practical and suitable character, involving such subjects and tests as the Commission may direct.

2. No person shall be appointed to or be employed in any position which has been or may hereafter be classified under the civil-service act until he shall have passed the examination provided therefor, or unless he is specially exempt from examination by the provisions of said act or the rules made in pursuance thereof.

3. In pursuance of the provisions of section 2 of the civil-service nations may be act, wherever competent persons can be found who are willing to compete, no noncompetitive examination shall be given except as Amended May follows:

held.

29, 1899

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(a) To test the fitness for transfer, or for promotion in a part of the service to which promotion regulations have not been applied.

(b) To test fitness for appointment of Indians as superintendents, teachers, teachers of industries, kindergartners, and physicians in the Indian service at large.

The noncompetitive examinations of Indians for the positions mentioned shall consist of such tests of fitness, not disapproved by the Commission, as may be determined upon by the Secretary of the Interior. A statement of the result of every noncompetitive test, and all appointments, transfers, or promotions based thereon, shall be immediately forwarded to the Commission.

(c) To test the fitness of a person whom the head of an Executive Department or the Secretary of the Smithsonian Institution shall nominate for appointment to a position in the classified service. The

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