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TITLE 5 ADMINISTRATIVE PERSONNEL
Canal Zone Regulations relating to employees: See Panama Canal, 35 CFR
Part 3. Classification of telephone employees, Federal Communications Commission : See
Telecommunication, 47 CFR Part 51. Conditions of employment of Works Progress Administration and National
Youth Administration : See Public Welfare, 45 CFR Parts 303, 402. Department of State regulations relating to employees and foreign personnel :
See Foreign Relations, 22 CFR Parts 16, 76-78, 93, 98. Personnel regulations of the Department of Commerce: See Commerce, 15 CFR
Part 1. Personnel regulations of the United States Public Health Service: See Public
Health, 42 CFR Part 1. Personnel regulations of the War Department: See Army: War Department,
10 CFR Chapter VII. Regulations of the Department of Agriculture relating to personnel : See 7
CFR 1.1546, 1.2117, 1.2922. Regulations of the Navy Department relating to civilian employees: See Navy,
34 CFR Part 10. Regulations of the Office of Indian Affairs relating to health facilities and
duties of health personnel: See Indians, 25 CFR Part 84.
CHAPTER 1-CIVIL SERVICE COMMISSION
filled upon noncompetitive exami
nation 52 Appointment of unclassified laborers 53 Retirement 54 Annual leave regulations 55 Sick leave regulations 91 Executive orders affecting the Civil
Service not otherwise covered in this chapter
SUPPLEMENTAL PUBLICATIONS OF THE UNITED STATES CIVIL SERVICE
Civil Service Act and rules, statutes, Executive orders, and regulations, with
notes and legal decisions, amended to June 30, 1937. The Civil Service Retirement Act, with annotations and regulations. (Includes
abstracts of decisions, opinions, regulations, and comments relating to the Acts of May 22, 1920, July 3, 1926, and May 29, 1930, and amendments
thereto.) Form 3020, Dec. 1935. Eligibility and certification. Form 2424, Feb. 1937.
Page 1 General information regarding the United States Civil Service. Form 2346,
Mar. 1937. Information concerning transfer. Form 305, June 1938. Information in answer to inquiry. Form 2809, June 1937. Instructions to applicants for the fourth-class postmaster examination. Form
1759, Mar. 1938. Physical regulations. Form 2313, Jan. 1938. Political activity and political assessments of Federal office-holders and em
ployees. Form 1236, Aug. 1936. Positions for which deaf-mutes may be considered. Form 1786, Jan. 1938. Reinstatement and reemployment. Form 126, Jan. 1937. Removal, reduction, suspension, and furlough. Form 505, Oct. 1937. Veteran preference. Form 1481, June 1937.
For list of abbreviations used in this chapter, see note to g 1.1.
PART 1-POLITICS AND RELIGION
Civil Service Rule I 1.1 No interference with elections. 1.2 No disclosures or discriminations. 1.3 Recommendations not considered.
Regulations under Civil Service
Rule I 1.101 Political activity.
eral and other Government
agencies. 1.103 Interpretation of, and exemptions
from, Executive order of Jan. 17,
1873 (8 1.102). 1.104 Other exemptions from the opera
tion of Executive order of Jan. 17, 1873, as amended.
CIVIL SERVICE RULE I Section 1.1 No interference with elections. No person in the executive civil service shall use his official authority or influence for the purpose of interfering, with an election or affecting the result thereof. Persons who by the provisions of the rules in this chapter are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.* [E.O. June 3, 1907]
*8$ 1.1 to 1.104, inclusive, (with the exceptions noted in the text,) issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
ABBREVIATIONS: The following abbreviations are used in this chapter: E.O.
Executive order. Op. Atty. Gen.
Official Opinions of the Attorneys General of the United States. Regs., CSC Regulations of the Civil Service Commission.
1.2 No disclosures or discriminations. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the executive civil service against or in favor of an applicant, eligible, or employee in the classified service because of his political or religious opinions or affiliations.* [E.O. 209, Mar. 20, 1903]
1.3 Recommendations not considered. No recommendation of an applicant, eligible, or employee in the competitive service involv
*For statutory citation, see note to $ 1.1.
ing disclosure of his political or religious opinions or affiliations shall be considered or filed by the Commission or by any officer concerned in making appointments or promotions.* [E.O. 209, Mar. 20, 1903]
REGULATIONS UNDER CIVIL SERVICE RULE I
1.101 Political activity. Section 1.1 shall be construed as applying to national, State, county, and municipal politics, and to the activities of any political party, by whatever designation it may be known. Each appointee to the classified civil service shall, upon entering on duty, sign a statement that he will familiarize himself with and observe the rules and laws relating to political activity. No employee in the classified service shall be granted leave of absence for the purpose of working for a political committee or organization, or of becoming a candidate for an elective office with the understanding that he will resign his classified position if nominated or elected. No employee in the classified civil service of the United States shall solicit, collect, receive, or otherwise handle or disburse political contributions. A classified employee shall not serve in any position of election officer unless the failure or refusal to do so would be penalized by the election laws of the State.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
1.102 Concurrent employment in Federal and other Government agencies. From and after the 4th day of March, A. D. 1873 (except as herein specified) persons holding any Federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any State or Territorial government, or under the charter or ordinances of any municipal corporation; and further, the acceptance or continued holding of any such State, Territorial, or municipal office, whether elective or by appointment, by any person holding civil office as aforesaid under the Government of the United States, other than judicial offices under the Constitution of the United States, will be deemed a vacation of the Federal office held by such person, and will be taken to be and will be treated as a resignation by such Federal officer of his commission or appointment in the service of the United States.
The offices of justices of the peace, of notaries public and of commissioners to take the acknowledgment of deeds, of bail, or to administer oaths shall not be deemed within the purview of this order and are excepted from its operation and may be held by Federal officers.
The appointment of deputy marshals of the United States may be conferred upon sheriffs, or deputy sheriffs. And deputy postmasters, the emoluments of whose office do not exceed $600 per annum, are also excepted from the operation of this order, and may accept and hold appointments under State, Territorial or municipal authority, provided the same be found not to interfere with the discharge of their duties as postmaster. Heads of departments and other officers of the Government who have the appointment of subordinate officers are required to take notice of this section, and to see
*For statutory citation, see note to g 1.1.
to the enforcement of its provisions and terms, within the sphere of their respective departments or offices, and as relates to the several persons holding appointments under them, respectively. (R.S. 1753; 5 U.S.C. 631) [E.O. 9, Jan. 17, 1873]
1.103 Interpretation of, and exemptions from, Executive order of Jan. 17, 1873 (§ 1.102). Inquiries having been made from various quarters as to the application of g 1.102 relating to the holding of State or municipal offices by persons holding civil offices under the Federal Government, the President directs the following reply to be made:
It has been asked whether the order prohibits a Federal officer from holding also the office of an alderman or of a common councilman in a city, or of a town councilman of a town or village, or of appointments under city, town, or village governments. By some it has been suggested that there may be distinction made in case the office be with or without salary or compensation. The city or town offices of the description referred to, by whatever names they may be locally known, whether held by election or by appointment, and whether with or without salary or compensation, are of the class which the Executive order intends not to be held by persons holding Federal offices.
It has been asked whether the order prohibits Federal officers from holding positions on boards of education, school committees, public libraries, religious or eleemosynary institutions incorporated or established or sustained by State or municipal authority. Positions and service on such boards or committees, and professorships in colleges, are not regarded as "offices" within the contemplation of the Executive order, but as employments or service in which all good citizens may be engaged without incompatibility, and in many cases without necessary interference with any position which they may hold under the Federal Government. Officers of the Federal Government may, therefore, engage in such service, provided the attention required by such employment does not interfere with the regular and efficient discharge of the duties of their office under the Federal Government. The head of the department under whom the Federal office is held will, in all cases, be the sole judge whether or not the employment does thus interfere.
The question has also been asked with regard to officers of the State militia. Congress having exercised the power conferred by the Constitution to provide for organizing the militia, which is liable to be called forth to be employed in the service of the United States, and is thus, in some sense, under the control of the General Government, and is moreover of the greatest value to the public, $ 1.102 is not considered as prohibiting Federal officers from being officers of the militia in the States and Territories.
It has been asked whether the order prohibits persons holding office under the Federal Government being members of local or municipal fire departments; also, whether it applies to mechanics employed by the day in the armories, arsenals, and navy yards, etc., of the United States. Unpaid service in local or municipal fire departments is not regarded as an office within the intent of g 1.102, and may be performed
by Federal officers, provided it does not interfere with the regular and efficient discharge of the duties of the Federal office, of which the head of the department under which the office is held will, in each case,
be the judge. Mechanics and laborers employed by the day in armories, arsenals, navy yards, etc., and master workmen and others who hold appointments from the Government or from any department whether for a fixed time or at the pleasure of the appointing power, are embraced within the operation of $ 1.102. (R.S. 1753; 5 U.S.C. 631) (E.O., Jan. 28, 1873; E.O. 6259, Aug. 27, 1933]
1.104 Other exemptions from the operation of Executive order of Jan. 17, 1873, as amended-(a) Employees of the Department of Agriculture. Officers and employees of the Department of Agriculture are authorized to hold State and Territorial positions, and State and Territorial officials, unless prohibited by law, may be permitted to receive appointments under the Department of Agriculture, when, in either case the Secretary of Agriculture deems such employment necessary to secure a more efficient administration of the duties of his Department. [E.O. 661, June 26, 1907]
(b) Collectors of cotton statistics, Bureau of the Census. State and county officials may be appointed special agents under the Bureau of the Census for the collection of cotton statistics. [E.O. 1118, Aug. 4, 1909]
(c) Lighthouse Service; laborers. Laborers in charge of lights in the Lighthouse Service may hold positions under State, Territorial or municipal authority, if found not to interfere with their duties in the Lighthouse Service. [E.O. 2252, Oct. 6, 1915]
(d) Appointments in the Department of Commerce. Persons holding State, Territorial, or municipal positions may receive, unless prohibited by law, appointments under the Department of Commerce when the Secretary of that Department deems such employment necessary to secure a more efficient administration of the duties of his Department. [E.O. 5666, July 3, 1931]
(e) Employees of the Alaska Railroad. Employees of the Alaska Railroad, permanently residing in municipalities on the line of the railroad, may become candidates for and hold municipal office therein, provided such employment, in the judgment of the General Manager of the railroad, does not interfere with the regular and efficient discharge of the duties of their positions under the railroad. [E.O. 4527, Oct. 22, 1926)
(f) Employees of the Reclamation Service and of the National Park Service. Employees of the Reclamation Service and of the National Park Service, may accept, with the approval of the Secretary of the Interior, appointments as deputy State fish or game wardens, if no compensation is attached to the position, and if the duties dó not interfere with, or are not inconsistent with, their duties in the Government service. [E.O. 1991, July 9, 1914]
(g) Employees of the National Park Service. Employees of the National Park Service may accept, with the approval of the Secretary of the Interior, appointments as deputy sheriffs under the laws of