Executive Order 89

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.

 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.

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

 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.

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

No person in the executive civil service shall dismiss, or caused to be dismissed, or make any attempt to procure the dismissal of, or in any manner change the official rank or compensation of any other person therein because of his political or religious opinions or affiliations.

No question in any examination or form of application shall be so framed as to elicit information concerning, nor shall any inquiry be made concerning, nor any other attempt be made to ascertain, the 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.

No recommendation of an applicant, competitor, or eligible, involving any disclosure of his political or religious opinions or affiliations shall be received, filed, or considered by the Commission, by any board of examiners, or by any nominating or appointing officer.

In making removals or reductions, or imposing punishment, for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders.</li>

<li>A person holding a position on the date said position is classified under the civil-service act shall be entitled to all the rights and benefits possessed by persons of the same class or grade appointed upon examination under the provisions of said act.</li> </ol>

<ol> <li>All that part of the executive civil service of the United States which has been, or may hereafter be, classified under the civil-service act shall be arranged in branches as follows: The Departmental Service, the Custom-House Service, the Post-Office Service, the Government Printing Service, and the Internal-Revenue Service.</li>

<li>The Departmental Service shall include officers and employees as follows, except those in the service of the Government Printing Office and 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 who have been nominated for 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.
 * The Steamboat-Inspection Service.
 * The Marine-Hospital Service.
 * The Light-House 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.


 * (b) All executive officers and employees outside of the District of Columbia not covered in (a), of whatever designation, 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 except those in the Life-Saving Service. </li>

<li>The Custom-House Service shall include the officers and employees serving in any customs district whose employees number as many as five, who have been, or may hereafter be, classified under the civil-service act. And whenever in any customs district whose officers and employees number less than five the number of officers and employees shall be increased to as many as five, the Secretary of the Treasury shall at once notify the Commission of such increase, and the officers and employees in said district shall be included within the classified service from the date of said increase.</li>

<li>The Post-Office Service shall include the officers and employees in any free-delivery post-office who have been, or may hereafter be, classified under the civil-service act. 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 or 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 consolidated with and made a part of a free-delivery post-office, the 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 free-delivery 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.</li>

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

<li>The Internal-Revenue Service shall include the officers and employees who have been, or may hereafter be, classified under the civil-service act in any internal-revenue district.</li>

<li>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.</li>

<li>The following-mentioned positions or employees shall not be subject to the provisions of these rules:


 * (a) Any position filled by a person whose place of private business is conveniently located for his performance of the duties of said position, 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 temporarily employed in a confidential capacity in a foreign country.


 * (d) Any position whose duties are of a quasi-military or quasi-naval character and for the performance of whose duties a person is enlisted for a term of years.</li>

</ol>

<ol> <li>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.</li>

<li>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 especially exempt from examination by the provisions of said act or the rules made in pursuance thereof.</li>

<li>In pursuance of the provisions of section 2 of the civil-service act, wherever competent persons can be found who are willing to compete, no noncompetitive examination shall be given except as follows:


 * (a) To test 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.</li>

<li>In pursuance of the provisions of section 3 of the civil-service act, examinations shall be provided at such places and upon such dates as the Commission shall deem most practicable to subserve the convenience of applicants and the needs of the service.</li>

<li>In pursuance of the provisions of section 3 of the civil-service act, the Commission shall appoint, from persons in the Government service, such boards of examiners as it may deem necessary. The members of said boards shall perform such duties as the Commission may direct in connection with examinations, appointments, and promotions in any part of the service which has been, or may hereafter be, classified. The members of any board of examiners, in the performance of their duties as such, shall be under the direct and sole control and authority of the Commission. The duties performed by the members of any board of examiners in their capacity as such shall be considered part of the duties of the office in which they are serving, and time shall be allowed for the performance of said duties during the office hours of said office. The members of any board of examiners shall not all be adherents of one political party when persons of other political parties are available and competent to serve upon said board.</li>

<li>In pursuance of the provisions of section 3 of the civil-service act, all executive officers of the United States shall facilitate civil-service examinations, and postmasters, customs officers, internal-revenue officers, and custodians of public buildings at places where such examinations are to be held shall, for the purpose of such examinations, permit and arrange for the use of suitable rooms under their charge and for heating, lighting, and furnishing the same.</li> </ol>

<ol> <li>Every applicant for examination must be a citizen of the United States, most be of proper age, and must make an application under oath, upon a form prescribed by the Commission, and accompanied by such certificates as may be prescribed.</li>

<li>No application for examination shall be accepted from any person serving in the Army, the Navy, or Marine Corps of the United States, unless the written consent of the head of the department under which said person is enlisted is filed with his application.</li>

<li>The Commission may, in its discretion, refuse to examine an applicant, or to certify an eligible, who is physically so disabled as to be rendered unfit for his performance of the duties of the position to which he seeks appointment; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from the service for delinquency or misconduct within one year next preceding the date of his application; or who has intentionally made a false statement in any material fact, or practiced or attempted to practice any deception or fraud in securing his registration or appointment. Any of the foregoing disqualifications shall be good cause for the removal of an eligible from the service after his appointment.</li>

<li>No application for examination shall be accepted unless the applicant is within the age limitations fixed herein for entrance to the position to which he seeks to be appointed: Provided, That subject to the other conditions of these rules the application of any person whose claim of preference under the provisions of section 1754 of the Revised Statutes has been allowed by the Commission may be accepted without regard to his age. The age limitations for entrance to positions in the different branches of the service shall be as follows:

</li>

<li>No application shall be accepted for examination for a position which belongs to one of the recognized mechanical trades unless it shall be shown that the applicant has served as apprentice or as journeyman or as apprentice and journeyman at said trade for such periods as the Commission may prescribe.</li> </ol>

The following-named employees or positions which have been, or may hereafter be, classified under the civil-service act shall be excepted from the requirement of examination or registration:


 * (a) Private secretaries or confidential clerks (not exceeding two) to the President or to the head of each of the eight Executive Departments.


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


 * (a) One cashier in each customs district.


 * (b) One chief or principal deputy or assistant collector in each customs district whose employees number as many as 150.


 * (a) One assistant postmaster, or chief assistant to the postmaster, of whatever designation, at each post-office.


 * (b) One cashier of each first-class post-office, when employed under the roster title of cashier only.


 * One cashier in each internal-revenue district.

<ol> <li>Examination papers shall be rated on a scale of 100, and the subjects therein shall be given such relative weights as the Commission may prescribe. After a competitor's papers have been rated, he shall be duly notified of the result thereof.</li>

<li>Every competitor who attains an average percentage of 70 or over shall be eligible for appointment to the position for which he was examined; and the names of eligibles shall be entered, in the order of their average percentages, on the proper register of eligibles: Provided, That the names of all competitors whose claims to preference under the provisions of section 1754 of the Revised Statutes have been allowed by the Commission, and who attain an average percentage of 65 or over, shall be placed, in the order of their average percentages, at the head of the proper register of eligibles.</li>

<li>For filling vacancies in positions for which competitive tests are not practicable, the registration of applicants shall be in the order in which they fulfill the requirements proscribed therefor by regulation of the Commission: Provided, That persons who served in the military or naval service of the United States in the late war of the rebellion and were honorably discharged therefrom, and persons who have been separated from such positions above mentioned through no delinquency or misconduct, shall be placed at the head of the proper register in the order of their fulfillment of said requirements.</li>

<li>The term of eligibility shall be one year from the date on which the name of the eligible is entered upon the register.</li> </ol>

In pursuance of the provisions of section 2 of the civil-service act, whenever a vacancy occurs in any position which has been, or may hereafter be, classified under the civil-service act, and which is not an excepted position, the filling of said vacancy, unless filled through noncompetitive examination or by reinstatement, transfer, promotion, or reduction, shall be governed as follows:

<ol> <li>The appointing or nominating officer shall request certification to him of the names of eligibles for the position vacant, and the Commission shall certify to said officer from the proper register the three names at the head thereof which have not been three times certified to the department or office in which the vacancy exists: Provided, That certification for temporary appointment shall not be counted as one of the three certifications to which an eligible is entitled: And provided further, That whenever the sex of those whose names are to be certified is fixed by any law, rate, or regulation, or is specified in the request for certification, the names of three of the sex so fixed or specified shall be certified, but in other cases certification shall be made without regard to sex.</li>

<li>Of the three names certified the nominating or appointing officer shall select one; and if at the time of selection there are more vacancies than one, he may select more than one name, unless otherwise directed by the Commission.</li>

<li>If an eligible who is not entitled to certification is certified and appointed, his appointment shall be immediately revoked by the appointing officer upon notification from the Commission.</li>

<li>A person selected for appointment shall be notified of his selection by the appointing or nominating officer, and upon his acceptance shall receive from the appointing officer a certificate of appointment for a probationary period of six months, at the end of which period, if the conduct and capacity of the probationer are satisfactory to the appointing officer, his retention in the service shall be equivalent to his absolute appointment; but if his conduct or capacity be not satisfactory, he shall be notified by the appointing officer that he will not receive absolute appointment because of such unsatisfactory conduct or want of capacity; and such notification shall discharge him from the service: Provided, That the probation of an employee in the Indian school service shall terminate at the end of the school year in which he is appointed: And provided further, That the time which an employee has actually served as substitute in parts of the service where substitutes are authorized shall be counted as part of the probationary period of his regular appointment; but that time served under a temporary appointment shall not be so counted.</li>

<li>If the appointing or nominating officer shall object to an eligible named in the certificate, stating that because of some physical defect, mental unsoundness, or moral disqualification, particularly specified, said eligible would be incompetent or unfit for the performance of the duties of the vacant position, and if said officer shall sustain such objection with evidence satisfactory to the Commission, the Commission may certify the eligible on the register who is in average percentage next below those already certified, in place of the one to whom objection is made and sustained.</li>

<li>Certifications for appointment of persons for service in, or on direct detail from, any department or office in Washington, D. C., shall be so made as to maintain, as nearly as possible, the apportionment of such appointments among the several States and Territories and District of Columbia upon the basis of population, except to appointments in the Government Printing Office; to the position of printer's assistant, skilled helper, and operative in the Bureau of Engraving and Printing; to positions in the post quartermaster's office, in the pension agency, and other local offices in the District of Columbia, and to the positions of page and messenger boy, and apprentice or student.</li>

<li>Within any part of the service to which promotion regulations have been, or may hereafter be, applied certification of those eligible to original appointment shall not be made for filling a vacancy in a position above the lowest class in any grade whenever there is any person eligible and willing to be promoted to said vacancy: Provided, That a vacancy in any position requiring the exercise of technical or professional knowledge may be filled by original appointment.</li>

<li>When two or more eligibles on a register have the same average percentage, preference in certification shall be determined by the order in which their applications were filed.</li>

<li>For filling vacancies in positions outside of the District of Columbia and in positions in the pension agency, the depot quartermaster's office, and other local offices in the District of Columbia, the territory of the United States shall be arranged in such sections or districts as the Commission may determine; and an eligible shall be certified, in his order, to vacancies in the section or district in which he resides, and upon his written request to vacancies in any one or more of the other sections or districts: Provided, That in the Custom-House Service, Post-Office Service, or Internal-Revenue Service an eligible shall be certified only to vacancies in the customs district, post-office, or internal-revenue district where he was examined.</li>

<li>In any part of the service in which the employment of substitutes is not prohibited by law, there may be certified and appointed in the manner provided for in this rule only such number of substitutes as are actually needed for the performance of substitute duty.</li>

<li>In any part of the service in which substitutes are employed, certifications of those eligible to original appointment shall be made for filling vacancies in substitute positions only, and vacancies in regular positions shall be filled by the appointment or promotion thereto of substitutes in the order of their original appointment as substitutes, whenever there are substitutes of the required sex who are eligible and willing to be so appointed or promoted. Substitutes so appointed or promoted shall, however, be subject, to the provisions of these rules relating to probation and permanent appointment.</li>

<li>Upon request of the appointing or nominating officer, preference in certification may be given to the wife of the superintendent of an Indian school for filling a vacancy in the position of teacher or matron in said school.</li>

<li>Whenever there shall occur a vacancy which the public interest requires shall be immediately filled and which can not be so filled in time to meet the emergency by certification from the eligible registers, such vacancy may, subject to the approval of the Commission, be filled by temporary appointment without examination until a regular appointment can be made. Such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time. No person shall serve longer than ninety days in any one year under such temporary appointment or appointments, and in any event only until a regular appointment can be made through examination and certification. Said year limitation shall begin to run in the case of any person on the date of his first such appointment: Provided, That whenever an emergency shall arise requiring that a vacant position in any internal-revenue district shall be filled before a certificate can be issued by the Commission and an appointment made thereto in the manner provided in these rules, such position may be filled without regard to the provisions of these rules by temporary appointment for a period not to exceed thirty days and only for such period as may be required for the execution of the necessary details of an appointment thereto in accordance with said provisions but no person shall receive such temporary appointment who within the ninety days next previous thereto has been separated from a position in said district to which he was temporarily appointed under the provisions of this section.</li>

<li>Whenever a temporary appointment shall be made through certification from the eligible registers of the Commission in the manner provided in these rules, such temporary appointment shall in no case continue longer than six months and shall expire by limitation at the end of that period.</li> </ol>

A vacancy in any position which has been, or may hereafter be, classified under the civil-service act, may, upon requisition of the proper officer and the certificate of the Commission, be filled by the reinstatement, without examination, of any person who, within one year next preceding the date of said requisition, has, through no delinquency or misconduct, been separated from a position classified at the date of said requisition and in that department or office and that branch of the service in which said vacancy exists: Provided, That for original entrance to the position proposed to be filled by reinstatement there is not required by these rules, in the opinion of the Commission, an examination involving essential tests different from or higher than those involved in the examination for original entrance to the position formerly held by the person proposed to be reinstated: And provided further, That, subject to the other conditions of these rules, any person who served in the military or naval service of the United States in the late war of the rebellion and was honorably discharged therefrom, or the widow of any such person, may be reinstated without regard to the length of time he or she has been separated from the service.

Within that part of the civil service of the United States which has been, or may hereafter be, classified under the civil-service act, transfers shall be governed as follows:

<ol> <li>A person in any department or office may be transferred within the same department or office and the same branch of the service upon any test of fitness, not disapproved by the Commission, which may be determined upon by the appointing officer, subject to the limitations of the provisos of section 2 of this rule.</li>

<li>A person who has received absolute appointment may be transferred without examination from any department, office, or branch of the service upon requisition and consent of the proper officers, and the certificate of the Commission: Provided, That no transfer shall be made of a person to a position within the same department or office and the same branch of the service, or to a position in another department, office, or branch of the service, if from original entrance to such position said person is barred by the age limitations prescribed therefor, or by the provisions regulating apportionment, or if in said position there is not required, in the judgment of the Commission, the performance of the same class of work, or the practice of the same mechanical trade, performed or practiced in the position from which transfer is proposed: And provided further, That transfer shall not be made without examination, provided by the Commission, to a position for original entrance to which, in the judgment of the Commission, there is required by these rules an examination involving essential tests different from or higher than those involved in the examination required for original entrance to the position from which transfer is proposed; but a person employed in any grade shall not because of such employment be barred from the open competitive examination provided for original entrance to any other grade.</li>

<li>Upon requisition of the proper officer and the certificate of the Commission transfer may be made without examination from the office of the President of the United States, after continuous service therein for the two years next preceding the date of said requisition, to any position classified under the civil-service act, if in said position there is required, in the judgment of the Commission, the performance of the same class of work that is required to be performed in the position from which transfer is proposed.</li>

<li>Transfer shall not be made from an excepted position to a position not excepted: Provided, That a person holding an excepted position at the time said position is classified under the civil-service act, or a person holding an excepted position which he entered prior to the President's order of November 2, 1894, may, subject to the other conditions and provisions of this rule, be transferred to a position not excepted.</li>

<li>Transfer shall not be made from a position not classified under the civil-service act to a classified position: Provided, That a person who, by promotion or transfer from a classified position, has entered a position, appointment to which is made by the President by and with the advice and consent of the Senate, and has served continuously therein from the date of said promotion or transfer, may be retransferred from said Presidential appointment to the position from which he was so transferred or to any position to which transfer could be made therefrom.</li>

<li>Transfer shall not be made from a position outside of the District of Columbia to a position within the District of Columbia, except upon the certificate of the Commission, subject to the other conditions and provisions of this rule.</li>

<li>Any person who has been transferred from a classified position to another classified position may be retransferred to the position in which he was formerly employed, or to any position to which transfer could be made therefrom, without regard to the limitations of this rule.</li>

<li>All transfers herein authorized shall be made only after the issuance by the Commission of the certificates therefor, except those which may be specifically exempted from such condition by regulation of the Commission.</li>

<li>Whenever a person is proposed for transfer from one branch of the service to another branch of the service, and from a part of the service not within the provisions regulating apportionment to a part of the service within said provisions, and the transfer is one which, under the provisions of this rule, may be allowed without examination, such person shall be required, precedent to his transfer, to file a statement under oath, setting forth the same facts, accompanied by the same certificates or vouchers relating to residence as may be required in an application for examination.</li> </ol>

<ol> <li>In pursuance of the requirements of section 7 of the civil-service act, competitive tests or examinations shall, as far as practicable and useful, be established to test fitness for promotion in any part of the civil service of the United States which has been, or may hereafter be, classified under the civil-service act.</li>

<li>The details regulating promotions shall be formulated by the Commission after consultation with the heads of the several departments, bureaus, or offices. It shall be the duty of the head of each department, bureau, or office, when such regulations have been formulated, to promulgate the same, and any amendments or revocations thereof shall be approved by the Commission before going into effect.</li>

<li>The Commission shall, upon the nomination of the head of each department, bureau, or office, designate and select a suitable number of persons, not less than three, in said department, bureau, or office to be members of a board of promotion. In the departments, bureaus, or offices in Washington, and in all other offices, the members of any board of examiners shall not all be adherents of one political party when persons of other political parties are available and competent to serve upon said board.</li>

<li>Until the regulations herein authorized have been approved for any department, bureau, or office, in which promotion regulations approved by the Commission are not in force, promotions therein may be made from one class to another class which is in the same grade, and from one grade to another grade, upon any test of fitness, not disapproved by the Commission, which may be determined upon by the promoting officer: Provided, That no promotion of a person shall be made, except upon examination provided by the Commission, from one class to another class, or from one grade to another grade, if for original entrance to said class or grade to which promotion is proposed there is required by these rules an examination involving essential tests different from or higher than those involved in the examination required for original entrance to the class or grade from which promotion is proposed: And provided further, That no promotion of a person shall be made, except upon examination provided by the Commission, to a position in which, in the judgment of the Commission, there is not required the performance of the same class of work, or the practice of the same mechanical trade, which is required to be performed or practiced in the position from which promotion is proposed; but a person employed in any trade shall not, because of such employment, be barred from the open competitive examination provided for original entrance to any other grade: And provided further, That no promotion of a person shall be made to a class or grade from original entrance to which such person is barred by the age limitations prescribed therefor or by the provisions regulating apportionment.</li> </ol>

<ol> <li>In pursuance of the provisions of section 2 of the civil-service act, every nominating or appointing officer in the executive civil service of the United States shall furnish to the Commission a list of all the positions and employments under his control and authority, together with the names, designations, compensations, and date of appointment or employment of all persons serving in said positions or employments; said list to be arranged as follows: (a) Classified positions not excepted from examination; (b) classified positions excepted from examination; (c) unclassified positions.</li>

<li>Every nominating or appointing officer in the executive civil service shall report in detail to the Commission, in form and manner to be prescribed by the Commission, all changes, as soon as made, and the dates thereof, in the service under his control and authority, setting forth among other things the following: The position to which an appointment or reinstatement is made; the position from which a separation is made, whether the same was caused by dismissal, resignation, or death; and the position from which and the position to which a transfer or promotion is made; the compensation of every position from which or to which a change is made; the name of every person appointed, reinstated, promoted, transferred, or separated from the service; and every failure to accept an appointment and the reasons therefor.</li> </ol>

Approved, May 6, 1896.

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