Executive Order 950

Prior to February 12, 1908, various places in the executive civil service were filled without compliance with the requirements of the civil-service act and rules, because the appointing officers were of the opinion that the terms of an appropriation act or some circumstance implied exception from such requirements. On February 12, 1908, the Attorney-General rendered an opinion holding, in effect, that all places in the executive civil service, except those mentioned in Schedule A of the rules, and except persons employed merely as laborers, and persons whose appointments are subject to confirmation by the Senate, must be filled as a result of open competitive examinations held under the provisions of the law, and that Congress, in the exemption of any position or class of positions from the operation of the civil-service act, must use language indicating clearly and affirmatively its intention that the civil-service rules should not be applied.

Persons whose names are reported to the Civil Service Commission in response to this opinion and who are occupying places whose duties are similar to those of competitive positions may be classified upon approval by the commission, but may be transferred only when, in the opinion of the Civil Service Commission, such transfer is required in the interest of the service, and then only after an appropriate examination by said commission. Vacancies shall be filled in accordance with the civil-service act and rules. If said commission finds that any of these places can not be satisfactorily subjected to competitive tests they may be treated as excepted from examination and their occupants shall not acquire a competitive status.

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 * October 9, 1908.