Federal Register - November 23, 1954
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Source: Federal Register
Tuesday, November 23, 1954
When an employee has completed the required period of service his appoint ment shall be converted to a career appointment without time limitation:
Provided, That his career-conditional appointment shall not be converted to a career appointment if the limitation on the number of permanent employees in the Federal civil service established un der subsection b of this section would be exceeded thereby. Persons selected from competitive civil service registers for other than temporary appointment shall be given career-conditional ap pointments: Provided, That career ap pointments shall be given to the follow ing classes of eligibles: 1 Persons whose appointments are required by statute to be made on a permanent ba sis; 2 employees serving under career appointments a t the time of selection from such registers; 3 former employ ees who have eligibility for career ap pointments upon reinstatement; and 4
to the extent permitted by law, persons appointed to positions in the field service of the Post Office Department for which salary rates are fixed by the act of July 6, 1945, 59 Stat. 435, as heretofore or hereafter amended and supplemented.
b Under the career-conditional ap pointment system there shall be a limit on the number of permanent employees in the Federal civil service which shall be the ceiling established by section 1310
of the Supplemental Appropriation Act, 1952 65 Stat. 757, as amended. In the event section 1310, supra, is repealed, the Commission is authorized to fix such lim itation on the number of permanent employees in the Federal civil service as it finds necessary to meet the needs of the service.
c The Commission may determine the types, duration, and conditions of indefinite and temporary appointments, and may prescribe the method for re placing persons holding such appoint ments.
S ec . 2.3 Apportionment. Subject to such modifications as the Commission finds to be necessary in the interest of good administration, appointments to positions in agencies headquarters of fices which are located within the metro politan area of Washington, D. C., shall be made so as to maintain the apportion ment of appointments among the several States, Territories, and the District of Columbia upon the basis of population.
S ec. 2.4 Probationary period. Persons selected from registers of eligibles for career or career-conditional appoint ment shall be required to serve a pro bationary period under such terms and conditions as the Commission may pre scribe.
RULE I II NONCOMPETITIVE ACQUISITION OF
STATUS
S ec. 3.1 Classes of persons who may noncompetitively acquire s t a t u s , a Upon recommendation by the agency concerned, and subject to such non competitive examination, time limits, or other requirements as the Commission may prescribe, the following classes of persons may acquire a competitive status without competitive examination;
FEDERAL REGISTER
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1 A person holding a permanent po vote as they may choose and to express sition when it is placed in the competi their opinions on all political subjects tive service by statute or executive order and candidates.
or is otherwise made subject to competi S ec . 4.2 Prohibitigri against racial, tive examination.
political or religious discrimination. No 2 A disabled veteran who, in a m an person employed in the executive branch ner satisfactory to the Commission, has of the Federal Government who has au completed a course of training in the thority to take or recommend any per executive branch of the Government sonnel with respect to any person prescribed by the Administrator of Vet who is action an employee in the competitive erans Affairs in accordance with the act service or any eligible or applicant for a of March 24, 1943, 57 Stat. 43.
position in the competitive service shall 3 An employee who has served a t make any inquiry concerning the race, least two years in the immediate office political affiliation or religious beliefs of of the President or on the White House any such employee, eligible, or applicant.
Staff and who is transferred to a com All disclosures concerning such matters petitive position at the request of an shall be ignored, except as to such mem agency.
bership in political parties or organiza 4 An employee who was serving tions as constitutes by law a disqualifica when his name was reached for certifica tion for Government employment. No tion on a civil-service register appro discrimination shall be exercised, th reat priate for the position in which he was ened, or promised by any person in the serving: Provided, That the recommen executive branch of the Federal Govern dation for competitive status is made ment against or in favor of any employee prior to expiration of the register on in the competitive service, or any eligible which his name appears or is made dur or applicant for a position in the com ing a period of continuous service since petitive service because of his race, his name was reached : Provided further, political affiliation or religious beliefs, T hat the register was being used for except as may be authorized or required appointments conferring competitive by law.
status at the time his name was reached.
S ec . 4.3 Prohibition against securing S ec. 3.2 Appointments without com withdrawal from competition. No per petitive examination in rare cases. Sub son shall influence another person to ject to receipt of satisfactory evidence withdraw from competition for any posi of the qualifications of the person to be tion in the competitive service for the appointed, the Commission may author purpose of either improving or injuring ize an appointment in the competitive the prospects of any applicant for ap service without pompetitive examination pointment. The Commission is author whenever it finds th at the duties or com ized to take such disciplinary action as pensation of the position are such, or it deems appropriate whenever it finds th at qualified persons are so rare, that, th at any person has violated this section.
in the interest of good civil-service ad RULE V REGULATIONS, INVESTIGATION, AND
ministration, the position cannot be ENFORCEMENT
filled through open competitive exam S ec. 5.1 Regulations, a The Com ination. Any person heretofore or here after appointed under this section shall mission is authorized and directed to acquire a competitive status upon com promulgate and enforce such regulations pletion of at least one year of satisfac as may be necessary to carry out the pro tory service and compliance with such visions of the Civil Service Act and Rules, requirements as the Commission may the Veterans Preference Act, and all prescribe. Detailed statements of the other applicable statutes or .executive reasons for the noncompetitive appoint orders imposing responsibilities on the ments made under this section shall be Commission.
b The Commission is authorized, published in the Commissions annual whenever there shall be practical diffi reports.
culties and unnecessary hardships in S ec . 3.3 Conversion of appointments. complying with the strict letter of its Any person who acquires a competitive regulations, to grant a variation from the status under this Rule shall have his strict letter of the regulations if such appointment converted to career-condi variation is within the spirit of the regu tional appointment unless he meets the lations, and the efficiency of the Govern service requirement for career appoint ment and the integrity of the competi ment prescribed under section 2.2 a tive service are protected and promoted :
of Rule II.
Provided, That whenever such a varia tion is granted the Commission shall RULE IV PROHIBITED PRACTICES
record in the minutes of its proceedings S ec. 4.1 Prohibition against political 1 the particular practical difficulty or activity. No person employed in the hardship involved, 2 what is permitted executive branch of the Federal Govern in lieu of what is required by regulation, ment, or any agency or department 3 the circumstances which protect or thereof, shall use his official authority or promote the efficiency of the Government influence for the purpose of interfering and the integrity of the competitive serv with an election or affecting the result ice, and 4 a statement limiting the thereof. No person occupying a posi application of the variation to the con tion in the competitive service shall take tinuation of the conditions which gave any active part in political management rise to the variation: Provided further, or in political campaigns, except as may That similar variations shall be granted be provided by or pursuant to statute. whenever similar conditions exist. All All such persons shall retain the right to minutes approved under authority of