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in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary. (Aug. 23, 1912, sec. 4, 37 Stat. 413, Feb. 28, 1916; 39 Stat. 15; 5 U. S. C., sec. 648.)
205. Efficiency ratings for classified service in departments.-The Bureau of Efficiency shall, subject to the approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia based upon records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civil-service rules. Copies of all records of efficiency shall be furnished by the departments and independent establishments to the Civil Service Commission for record in accordance with the provisions of this section: Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record. in said department is rated good shall be discharged or dropped or reduced in rank or salary.
Any person knowingly violating the provisions of this section shall be summarily removed from office, and may also upon conviction thereof be punished by a fine or not more than one thousand dollars or by imprisonment for not more than one year. (Aug. 23, 1912, sec. 4, 37 Stat. 413; Feb. 28, 1916, 39 Stat. 15; 5 U. S. C., sec. 648.)
206. Same; reports as to needs of personnel in departments.-The Bureau of Efficiency shall investigate and report to the President, with its recommendations, as to the administrative needs of the service relating to personnel in the several executive departments and independent establishments in the District of Columbia, and report to Congress details of expenditure and of progress of work hereunder at the beginning of each regular session. (Mar. 4, 1913, sec. 1, 37 Stat. 750; Feb. 28, 1916, 39 Stat. 15; 5 U. S. C., sec. 649.)
207. Information furnished to, by departments.-Officers and employees of the executive departments and other establishments shall furnish authorized representatives of the Bureau of Efficiency with all information that the Bureau may require for the performance of the duties imposed on it by law, and shall give such representatives access to all records and papers that may be needed for that purpose. (Mar. 3, 1917, sec. 1, 39 Stat. 1081; 5 U. S. C., sec. 650.)
208. Same; abolished. The Bureau of Efficiency and the office of chief of such bureau are hereby abolished; and the President is authorized to designate another officer to serve in place of the Chief of the Bureau of Efficiency on any board, commission, or other agency of which the Chief of the Bureau of Efficiency is now a member. (Mar. 3, 1933, sec. 17, 47 Stat. 1519; 5 U. S. C., sec. 651b.)
209. Removals from classified service except for cause.-That no person in the classified civil service of the United States shall be re
moved therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charges, notice of hearing, answer, reasons for removal, 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 reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same: The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any Member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with. (Aug. 24, 1912, sec. 6, 37 Stat. 555; 5 U. S. C., sec. 652.)
CLASSIFICATION OF CIVILIAN POSITIONS
210. Citation of act.-That this Act may be cited as "The Classification Act of 1923." (Mar. 4, 1923, sec. 1, 42 Stat. 1488; 5 U. S. C., sec. 661.)
211. Definitions.-That the term "compensation schedules" means the schedules of positions, grades, and salaries, as contained in section 13 of this Act [5 U. S. C. sec. 673].
The term "department" means an executive department of the United States Government, a governmental establishment in the executive branch of the United States Government which is not a part of an executive department, the municipal government of the District of Columbia, the Botanic Garden, Library of Congress, Library Building and Grounds, Government Printing Office, and the Smithsonian Institution.
The term "the head of the department " means the officer or group of officers in the department who are not subordinates or responsible to any other officer of the department.
The term "board" means the Personnel Classification Board established by section 3 hereof [5 U. S. C., sec. 663].
The term "position" means a specific civilian office or employment, whether occupied or vacant, in a department other than the following: Offices or employments in the Post Service; teachers, librarians, school attendance officers, and employees of the community center department under the Board of Education of the District of Columbia; officers and members of the Metropolitan police, the fire department of the District of Columbia, and the United States park police; and the commissioned personnel of the Coast Guard, the Public Health Service, and the Coast and Geodetic Survey.
The term "employee" means any person temporarily or permanently in a position.
The term "service" means the broadest division of related offices and employments.
The term "grade " means a subdivision of a service, including one or more positions for which approximately the same basic qualifications and compensation are prescribed, the distinction between grades being based upon differences in the importance, difficulty, responsibility, and value of the work.
The term "class" means a group of positions to be established under this Act sufficiently similar in respect to the duties and responsibilities thereof that the same requirements as to education, experience, knowledge, and ability are demanded of incumbents, the same tests of fitness are used to choose qualified appointees, and the same schedule of compensation is made to apply with equity.
The term "compensation" means any salary, wage, fee, allowance, or other emolument paid to an employee for service in a position. (Mar. 4, 1923, sec. 2, 42 Stat. 1488; 5 U. S. C., sec. 662.)
212. Personnel Classification Board; members; chairman; details; cooperation of Civil Service Commission; rules and regulations.—That there is hereby established an ex officio board, to be known as the Personnel Classification Board, to consist only of the Director of the Bureau of the Budget, a member of the Civil Service Commission, and the Chief of the United States Bureau of Efficiency. The Director of the Bureau of the Budget shall be chairman of the board.
Subject to the approval of the President, the heads of the departments shall detail to the board, at its request, for temporary service under its direction, officers or employees possessed of special knowledge, ability, or experience required in the classification and allocation of positions. The Civil Service Commission, the Bureau of the Budget, and the Bureau of Efficiency shall render the board such cooperation and assistance as the board may require for the performance of its duties under this Act.
The board shall make all necessary rules and regulations not inconsistent with the provisions of this Act and provide such subdivisions of the grades contained in section 13 hereof [5 U. S. C., sec. 673] and such titles and definitions as it may deem necessary according to the kind and difficulty of the work. Its regulations shall provide for ascertaining and recording the duties of positions and the qualifications required of incumbents, and it shall prepare and publish an adequate statement giving (1) the duties and responsibilities involved in the classes to be established within the several grades, illustrated where necessary by examples of typical tasks; (2) the minimum qualifications required for the satisfactory performance of such duties and tasks; and (3) the titles given to said classes. In performing the foregoing duties, the board shall follow as nearly as practicable the classification made pursuant to the Executive order of October 24, 1921. The board may from time to time designate additional classes within the several grades and may combine, divide, alter, or abolish existing classes. Department heads shall promptly report the duties and responsibilities of new positions to the board. The board shall make necessary adjustments in compensation for positions carrying maintenance and for positions requiring only part-time service. (Mar. 4, 1923, sec. 3, 42 Stat. 1489; July 3, 1930, 46 Stat. 1005; 5 U. S. C., sec. 663.)
212. Personnel Classification Board; appropriation; temporary detail of employees of other departments.-There is hereby authorized to be appropriated annually for salaries and expenses of the Personnel Classification Board such sums as may be necessary to enable them to carry into effect the provisions of the Classification Act of 1923 and amendments thereto: Provided, That nothing contained herein shall be interpreted to preclude the temporary detail to the board of officers or employees of the several departments possessed of special knowledge, ability, or experience required in the classification of positions as now authorized by law. (July 3, 1930, sec. 5, 46 Stat. 1005; 5 U. S. C., sec. 663a.)
214. Allocation of positions to grades, by heads of departments; review by board. That after consultation with the board, and in accordance with a uniform procedure prescribed by it, the head of each department shall allocate all positions in his department in the District of Columbia to their appropriate grades in the compensation schedules and shall fix the rate of compensation of each employee thereunder, in accordance with the rules prescribed in section 6 herein [5 U. S. C., sec. 666]. Such allocations shall be reviewed and may be revised by the board and shall become final upon their approval by said board. Whenever an existing position or a position hereafter created by law shall not fairly and reasonably be allocable to one of the grades of the several services described in the compensation schedules, the board shall adopt for such position the range of compensation prescribed for a grade, or a class thereof, comparabie therewith as to qualifications and duties.
In determining the rate of compensation which an employee shall receive, the principle of equal compensation for equal work irrespective of sex shall be followed. (Mar. 4, 1923, sec. 4, 42 Stat. 1489;
5 U. S. C., sec. 664.)
215. Application of compensation schedules.-That the compensation schedules shall apply only to civilian employees in the departments within the District of Columbia and shall not apply to employees in positions the duties of which are to perform or assist in apprentice, helper, or journeyman work in a recognized trade or craft and skilled and semiskilled laborers, except such as are under the direction and control of the custodian of a public building or perform work which is subordinate, incidental, or preparatory to work of a professional, scientific, or technical character. (Mar. 4, 1923, sec. 5, 42 Stat. 1489; 5 U. S. C., sec. 665.)
216. Rules governing fixing of compensation schedules.-That in determining the compensation to be established initially for the several employees the following rules shall govern:
1. In computing the existing compensation of an employee, any bonus which the employee receives shall be included.
2. If the employee is receiving compensation less than the minimum rate of the grade or class thereof in which his duties fall, the compensation shall be increased to that minimum rate.
3. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade at one of the rates fixed therein, no change shall be made in the existing compensation.
4. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade, but not at one of the
rates fixed therein, the compensation shall be increased to the next higher rate.
5. If the employee is not a veteran of the Civil War, or a widow of such veteran, and is receiving compensation in excess of the range of salary prescribed for the appropriate grade, the compensation shall be reduced to the rate within the grade nearest the present compensation.
6. All new appointments shall be made at the minimum rate of the appropriate grade or class thereof. (Mar. 4, 1923, sec. 6, 42 Stat. 1490; 5 U. S. C., sec. 666.)
217. Increases in compensation.-Increases in compensation shall be allowed upon the attainment and maintenance of the appropriate efficiency ratings, to the next higher rate within the salary range of the grade: Provided, however, That in no case shall the compensation of any employee be increased unless Congress has appropriated money from which the increase may lawfully be paid, nor shall the rate for any employee be increased beyond the maximum rate for the grade to which his position is allocated. Nothing herein contained shall be construed to prevent the promotion of an employee from one class to a vacant position in a higher class at any time in accordance with civil-service rules, and when so promoted the employee shall receive compensation according to the schedule established for the class to which he is promoted. (Mar. 4, 1923, sec. 7, 42 Stat. 1490; 5 U. S. C., sec. 667.)
218. Existing preferences in appointments not affected.-That nothing in this Act shall modify or repeal any existing preference in appointment or reduction in the service of honorably discharged soldiers, sailors, or marines under any existing law or any Executive order now in force. (Mar. 4, 1923, sec. 8, 42 Stat. 1490; 5 U. S. C., sec. 668.)
219. Efficiency ratings.-That the board shall review and may revise uniform systems of efficiency rating established or to be established for the various grades or classes thereof, which shall set forth the degree of efficiency which shall constitute ground for (a) increase in the rate of compensation for employees who have not attained the maximum rate of the class to which their positions are allocated, (b) continuance at the existing rate of compensation without increase or decrease, (c) decrease in the rate of compensation for employees who at the time are above the minimum rate for the class to which their positions are allocated, and (d) dismissal.
The head of each department shall rate in accordance with such systems the efficiency of each employee under his control or direction. The current ratings for each grade or class thereof shall be open to inspection by the representatives of the board and by the employees of the department under conditions to be determined by the board after consultation with the department heads.
Reductions in compensation and dismissals for inefficiency shall be made by heads of departments in all cases whenever the efficiency ratings warrant, as provided herein, subject to the approval of the board.
The board may require that one copy of such current ratings shall be transmitted to and kept on file with the board. (Mar. 4, 1923, sec. 9, 42 Stat. 1490; 5 U. Š. C., sec. 669.)