improper recom making promotions, unless it be made by the person under whose supervision such employee has served; and such, Penalties for recommendation by any other person, if made with the mendation. knowledge and consent of the employee, shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service. 4. Substitutes shall be promoted to the first vacancies of substitutes. occurring in regular positions in the order of their original appointment, whenever there are substitutes of the required sex who are eligible and will accept, unless such vacancies are filled by promotion, transfer, or reinstatement. In view of the fifth section of the act of March 3, 1893, defining the hours of labor in the Departments and showing under what circumstances leaves of absence may be granted, substitutes, except as provided by law, may not be employed. (First Comptroller, March 14, 1893. See opinion of Attorney-General, March 6, 1890.) Where two or more substitutes are appointed on the same date, they shall be promoted to the regular force in the order of the averages attained by them in the examination, irrespective of the fact that one or more of such substitutes may have been allowed preference under section 1754, R. S. Promotions from substitute to regular positions shall be made in the order of the date of probational appointment in the entire office and not in any one division. June 13, 1904. 5. A person who has been reinstated in the classified Amendment of service in a grade lower than that from which he had been separated, may be promoted to his former grade without examination. RULE XII.-REMOVAL. Like penalties 1. In making removals or reductions, and in other pun- for like offenses. ishment, penalties like in character shall be imposed for like offenses. efficiency of the reasons given in 2. No person shall be removed from a competitive. To be for the position, except for such cause as will promote the effi-service and for ciency of the public service, and for reasons given in writ- writing. ing, and the person whose removal is sought shall have notice and be furnished a copy thereof, and be allowed a reasonable time for personally answering the same in writing; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal. 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, as shall also the reasons for any change in rank or compensa Appointing officers to make. 2, par. 8. tion, and the Commission shall upon request be furnished with copies or the originals thereof. The reasons given an employee for his removal should be stated with sufficient definiteness to enable him to make proper answer. He should be put upon notice as to the specific acts of commission or omission with which he is charged." The procedure required in making removals applies to the removal of probationers, the only exception being the specific exception contained in clause (c) section 1 of Rule VII, that notification to the employee at the end of the probationary period that, because of unsatisfactory conduct or want of capacity, he will not receive absolute appointment, discharges him from the service. Where a removal or reduction is made for any cause, other than one merely political or religious, which, in the opinion of the officer making the removal, will promote the efficiency of the service, the Commission has no authority to interfere further than to see that the procedure required by the rule is observed. 3. Any person in the executive civil service who shall willfully violate any of the provisions of the civil-service act or of these rules shall be removed from the service. RULE XIII.-REPORTS OF CHANGES. 1. Every nominating or appointing officer in the execuAct, sec. 2, cl. tive 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. sitions. duties of laborers. Lists of all po- 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. Statements of 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 Changes of du- 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. ties. See note under Rule II, section 5. RULE XIV.-TESTIMONY. and employees in Act, sec. 2, It shall be the duty of every officer and employee in Duty of officers the executive civil service, and of every applicant or regard to. eligible for a position therein, to give to the Commission, el. 4. 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. RULE XV.-WITHHOLDING SALARY. Compensation ment. If the Commission shall find that any person is holding conditional upon a position in violation of the civil-service act or of the legal appointrules promulgated in accordance therewith, it shall, after Act, sec. 7. 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 ten 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: Provided, 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. RULE XVI.-REGULATIONS. Power to make 1. The Commission shall have authority to make regu- regulations. lations for the execution of these rules. Navy-yard reg 2. No modification of the existing regulations in the ulations. Navy Department governing the employment of labor at navy-yards shall be made without the approval of the Commission. SCHEDULE A. CLASSIFIED POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, CLAUSE 3. No office or position shall be deemed excepted unless it is specifically named herein. Not more than one position shall be treated as excepted under the title of any such position unless a different number be indicated. I. THE ENTIRE CLASSIFIED SERVICE. 1. Two private secretaries or confidential clerks to the head of each of the Executive Departments and one to each assistant head. 2. One private secretary or confidential clerk to each of the heads of bureaus appointed by the President and confirmed by the Senate in the Executive Departments, if authorized by law. 3. All persons appointed by the President without confirmation by the Senate. 4. Attorneys, assistant attorneys, and special assistant attorneys. 5. Chinese and Japanese interpreters. 6. Any person receiving not more than $300 per annum compensation for his personal salary who may lawfully perform his official duties in connection with his private business, such duties requiring only a portion of his time. 7. Any person employed in a foreign country under the State Department, or temporarily employed in a confidential capacity in a foreign country under any department or office. 8. Any position the duties of which are of a quasi military or quasi naval character, and for the performance of which duties a person is enlisted for a term of years; also positions in the Revenue-Cutter Service, where the persons enlist for the season of navigation only. 9. All positions in Alaska which can not be filled from appropriate existing registers. 10. A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer. 11. A person holding an excepted position which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of these rules, be transferred to a competitive position. II. TREASURY DEPARTMENT. a 1. Not exceeding one solicitor to the collector at the port of New York, if authorized by the Secretary of the Treasury. 2. One confidential clerk, if authorized by the Secretary of the Treasury, to each of the following officers: The collector of each customs district where the receipts for the last preceding fiscal year amounted to as much as $500,000. The appraisers at the ports of Boston, New York, and Philadelphia. 3. One counsel before the Board of United States General Appraisers. 4. One paymaster in the New York customs district. a See excepted positions in this Department under heading "The Entire Classified Service." 5. All deputy collectors of internal revenue who are borne on the rolls as such, and the allowance for whose salaries is approved by the Secretary of the Treasury: Provided, That no position designated as a clerkship under a collector of internal revenue, appointment to which is made by the Secretary of the Treasury, shall be discontinued for the purpose of substituting a deputy collectorship therefor, or for any purpose other than a bona fide reduction of force, and that before such reduction shall be made the reasons therefor shall be given in writing by the collector of the district, and shall be approved by the Commissioner of Internal Revenue and the Secretary of the Treasury. 6. Storekeepers and gaugers whose compensation does not exceed $3 per day when actually employed and whose aggregate compensation shall not exceed $500 per annum. 7. One chief clerk in each mint or assay office, who is authorized by law to act for... the superintendent or assayer in charge during his absence or disability. 8. One private secretary or confidential clerk to the superintendent, one cashier, one deposit weigh clerk, one assistant coiner, one assistant melter and refiner, and one assistant assayer, in each mint or assay office. 9. Any local physician employed for temporary duty as acting assistant surgeon in the Public Health and Marine-Hospital Service. 10. Any person employed in the Public Health and Marine-Hospital Service as quarantine attendant at the Gulf, South Atlantic, Mullet Key, Reedy Island, Cape Charles, Columbia River, or San Francisco quarantine; and any person 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, for temporary duty in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases. III. WAR DEPARTMENT." 1. All paymasters' clerks actually on duty with paymasters. 2. All cable engineers. 3. All telegraph operators, telegraph linemen, and cable seamen, receiving a monthly compensation of $60 or less, serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein, by a signal officer or acting signal officer, whose certificate as to the professional fitness of the appointee shall be forwarded to the Secretary of War, and a duplicate thereof to the Civil Service Commission. 4. All persons in the army transport service. 5. All commissioners for the national military parks. 6. Consulting architect for work of reconstructing United States Military Academy at West Point, N. Y. IV. DEPARTMENT OF JUSTICE. a 1. Wardens, chaplains, and physicians in the United States penitentiaries or prisons. 2. One clerk to each United States district attorney. 3. Examiners. 4. Any person employed as office or field deputy in the office of a United States marshal. 5. All positions and employments deemed by the Attorney-General to be legal or confidential in their character, and which relate to temporary service or which a See excepted positions in this Department under heading "The Entire Classified Service." |