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the States or Territories in which such employees may be on duty: Provided, That their services as such deputy sheriffs shall be without compensation and shall not in any manner interfere or conflict with the performance of their duties as employees of the National Park Service. [E.O. 7332, Apr. 3, 1936, 1 F. Ř. 121]
(h) Medical officers, Indian Service. Officers and employees of the Indian Service, Department of the Interior, serving in a medical or sanitary capacity, either on a part-time or full-time basis, may hold, with the consent of the Secretary of the Interior, State, county, or municipal positions of a similar character: Provided, That such services shall not in any manner interfere or conflict with the performance of their duties as officers or employees of the Indian Service: And provided further, That there shall be no additional compensation when the Federal officer or employee is carried on a full-time basis. [E.O. 7369, May 13, 1936, 1 F.R. 405]
(i) Grazing districts. Any State, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, may serve as a district advisor under the Act of June 28, 1934, as amended, at a per diem salary for intermittent duty, when in the opinion of the Secretary of the Interior such services are required in the interest of grazing on the public lands. [E.O. 7636, June 17, 1937, 2 F.R. 1053]
(j) Cooperative employees.' Officers and employees of the Department of the Interior, upon approval of the Secretary of the Interior, may hold office under State, Territorial, and municipal governments engaged in cooperative and related work with the Department of the Interior, as authorized by Federal and State laws: Provided, That the services to be performed by them shall pertain to such work and shall not in any manner interfere or conflict with the performance of their duties as officers or employees of the Federal Government. State, Territorial and municipal officers or employees engaged in cooperative and related work with the Department of the Interior, unless prohibited by law, may accept appointment in and serve under the Department of the Interior when the Secretary of the Interior deems such employment necessary to secure a more efficient administration of the said work: Provided, That the appointment of any such officer or employee to a position subject to the civil service laws of the Department of the Interior shall be made in accordance with civil service laws, rules, and regulations. [E.O. 7796, Jan. 21, 1938, 3 F.R. 197]
(k) Special agents, Department of Labor. Persons holding State, Territorial, or municipal positions may be appointed as special agents when such action is deemed necessary by the Secretary of Labor to secure a more efficient administration of any law coming within the purview of the Department of Labor. [E.Ö. 3771, Jan. 2, 1923]
(1) Appointments in the Virgin Islands. Any officer or employee of the Municipality of St. Thomas and St. John or of the Municipality of St. Croix, Virgin Islands, may be appointed to and hold a position as immigration inspector for the Virgin Islands. [E.O. 7736, Nov. 6, 1937, 2 F.R. 2425]
(m) Officers of the Public Health Service. Officers of the Public Health Service, upon recommendation of the Surgeon General of the Public Health Service, and the approval of the Secretary of the Treasury, may hold office in State, Territorial, or local health organizations, in order to cooperate with and aid State, Territorial, or local health departments; and State, Territorial, or local health officials or employees, unless prohibited by law, may hold office in the Public Health Service when the Surgeon General and the Secretary of the Treasury deem such employment necessary to secure a more efficient administration of the duties imposed upon the Public Health Service. [E.O. 5700, Aug. 31, 1931]
(n) Employees of the Veterans' Administration. Officers and employees of the U. S. Veterans' Administration serving in a medical capacity and on a part-time basis, may, with the consent of the Admínistrator, hold State, county or municipal positions in which they are employed in a medical capacity. Officers and employees of the U. S. Veterans' Administration may, with the consent of the Administrator, accept appointments under State, county or municipal authority, as deputy sheriffs. [E.O. 4059, Aug. 6, 1924]
(0) Employees of navy yards, arsenals, and military establishments. Whenever in the opinion of the Secretary of the Navy or the Secretary of War a strict enforcement of the provisions of g 1.1 would influence the result of a local election the issue of which materially affects the local welfare of the Government employees in the vicinity of any navy yard or station or of any arsenal or other military establishment, the Civil Service Commission may permit, on recommendation of the Secretary of the Navy or the Secretary of War, and after such investigation as it may deem necessary, the active participation of the employees of the yard, station, arsenal or other military establishment in such local election. In the exercise of the privilege which may be conferred hereunder, persons affected must not neglect their official duties nor cause public scandal by their activity. [Ē.O. 3158, Aug. 27, 1919]
(p) Moderators of town meetings. The temporary office of moderator of a town meeting and offices of a like character are excepted from the operation of $ 1.102. [E.O. 1583, Aug. 24, 1912]
(q) Offices under municipalities of the Virgin Islands. Membership in the Colonial Council of the Municipality of St. Thomas and St. John, or in the Colonial Council of the Municipality of St. Croix, Virgin Islands, being unremunerative positions, shall not be deemed disqualification for employment in the Federal service of the Virgin Islands, notwithstanding § 1.102, provided it does not interfere with the efficient discharge of the duties of the Federal position, of which the head of the Department under which the position is held will be the judge. [E.O. 6051, Feb. 27, 1933]
(r) Municipalities adjacent to the District of Columbia. Employees of the executive civil service permanently residing in the following incorporated municipalities adjacent to the District of Columbia will not be prohibited from becoming candidates for or holding municipal office in such corporations:
In Maryland: Takoma Park, Kensington, Garrett Park, Chevy Chase, Glen Echo, Hyattsville, Mount Rainier, Somerset, North Beach, Capitol Heights, Laurel, Riverdale, Bladensburg, Brentwood, Berwyn Heights, Cottage City.
In Virginia: Falls Church, Vienna, Herndon.
The Civil Service Commission may extend the privilege of this order to other incorporated municipalities in Maryland and Virginia when it shall deem it necessary to the domestic interests of the Government employees resident therein. [E.O. 4048, July 12, 1924]
Under the authority contained in Executive Order 4048 of July 12, 1924, the Civil Service Commission has granted permission to employees of the executive civil service permanently residing in the following incorporated municipalities adjacent to the District of Columbia to become candidates for or hold municipal office in such corporations:
In Maryland: Cheverly, Cobb Island, Colmar Manor, District Heights, Eagle Harbor, Edmonston, Fairmount Heights, Greenbelt, North Brentwood, Seat Pleasant.
In Virginia: Clifton Station.
(s) Employees residing in Arlington County, Va. Officers and employees of the executive civil service permanently residing in Arlington County, Va., may become candidates for and hold local office in such county and may participate in campaigns for election to such offices.
In the exercise of the privilege granted by this paragraph, officers and employees must not neglect their official duties and must not engage in national or State politics in violation of the civil service rules. If there is such violation, the head of the department or independent office in which the person is employed shall inflict such punishment as the Civil Service Commission shall recommend.
Officers and employees elected or appointed to offices requiring fulltime service shall resign their positions with the Federal Government. If elected or appointed to offices requiring only part-time service, they may accept and hold same without relinquishing their Federal employment, provided the holding of such part-time office does not conflict or interfere with their official duties as officers or employees of the Federal Government.
This paragraph is based upon the facts that Arlington County is substantially a municipality, that a considerable number of the residents and taxpayers are employed in the Government service, that service as local officers in such county should in no way involve general partisan political activity, and that the principle of home rule and local self-government justifies such participation.
The permission granted by this paragraph may be suspended or withdrawn by the Civil Service Commission when, in its opinion, the activities resulting therefrom are, or may become, detrimental to the public interest or inimical to the proper enforcement of the civil service rules. [E.O. 5627, May 20, 1931]
(t) Officers and employees of the Police or Prison Departments of the territorial and municipal governments, Virgin Islands.
Any officer or employee of the Police or Prison Departments of the territorial and municipal governments of the Virgin Islands may be appointed to and hold a position as deputy or other employee in the office of the United States Marshal for the Virgin Islands. [E.O. 7896, May 24, 1938, 3 F.R. 1005]
(u) Officers and employees of the Federal Government, Puerto Rico. Officers and employees of the Federal Government may serve as election officers in Puerto Rico, when appointed for that purpose by the Governor of Puerto Rico.*' [E.O. 2071, Oct. 31, 1914]
CROSS REFERENCES: For regulations of the Department of Agriculture relating to personnel, see 7 CFR 1.1546, 1.2117, 1.2922. Personnel regulations of the Department of Commerce, see 15 CFR Part 1. Regulations of the Office of Indian Affairs relating to the application of the civil service rules and regulations to appointments, promotions, and retirement, see 25 CFR 84.4. Office of the Secretary of Labor, see 29 CFR Part 1. Regulations of the Navy Department relating to civilian employees, see 34 CFR Part 10. National Parks Service, Department of the Interior, see 36 CFR Part 1. Veterans' Administration, see 38 CFR Chapter 1. Personnel regulations of the United States Public Health Service, Department of the Treasury, see 42 CFR Part 1. Bureau of Reclamation, Department of the Interior, see 43 CFR Chapter II. Division of Grazing, Department of the Interior, see 43 CFR Chapter III.
PART 2- CLASSIFICATION OF THE SERVICE
Regulations under Civil Service 2.1 Extent of the classified service.
Rule II 2.2 Examination required.
2.101 Navy-yard employees classified. 2.3 Appointment without examina- 2.102 Federal employees in the Philiption.
pines. 2.4 Assignment of excepted employees. 2.103 Recommendations respecting ap2.5 Laborers.
pointment. 2.6 Classification of excepted em- 2.104 When there is doubt as to status. ployees.
2.105 Assignment of excepted employees. 2.7 Classification in post offices. 2.106 Incidental assignment to classified 2.8 Indian agent.
work permissible. 2.9 Retired Army officers appointed 2.107 Noninterchangeability of classified superintendents.
and unclassified positions. 2.10 Appointment without competitive
examination in rare cases.
CIVIL SERVICE RULE II
Section 2.1 Extent of the classified service. The classified service shall include all officers and employees in the executive civil service of the United States, heretofore or hereafter appointed or employed, in positions now existing or hereafter to be created, of whatever function or designation, whether compensated by a fixed salary or otherwise, except persons employed merely as laborers and persons whose appointments are subject to confirmation by the Senate; but no right of classification shall accrue to persons whose appointment or assignment to classified duties is in violation of the civil service rules.** [E.O. 209, Mar. 20, 1903]
**88 2.1 to 2.107, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
2.2 Examination required. No person shall be appointed, employed, promoted, or transferred in the classified service, or perform the duties of any position therein, until he passes an examination in conformity with the rules in this chapter, unless especially exempted thereunder.* [E.O. 209, Mar. 20, 1903]
2.3 Appointment without examination. Appointments to the excepted positions named in Part 50 may be made without examination or upon noncompetitive examination. The proper appointing officer may, however, fill any position named in Part 50 or Part 51, or any other excepted position, as classified positions are filled, in which case the person so appointed will be eligible for transfer, reinstatement, or promotion to positions in the classified service, subject to the provisions of the rules in this chapter. The incumbent of any excepted position so filled will not be entitled to the protection against removal afforded by the rules in this chapter; nor will the incumbent of an excepted-by-law position so filled be entitled to the benefits of the Civil Service Retirement Act solely by virtue of such employment.* [E.O. 7137, Aug. 12, 1935]
2.4 Assignment of excepted employees. A person appointed without competitive examination under $ 2.3 or by authority of an act of Congress shall not be assigned to the work of a competitive classified position without the approval of the Commission or specific provision of law.* [E.O. 4495, Aug. 12, 1926]
2.5 Laborers. Laborers who, in connection with their usual duties, are to perform work of the grade performed by classified employees, shall be appointed upon certification by the Commission from appropriate registers of eligibles in the manner provided by the rules in this chapter; and a person employed merely as a laborer or workman without examination under the rules in this chapter shall not be assigned to work of the grade performed by classified employees.* (E.O. 209, Mar. 20, 1903]
CROSS REFERENCES: For appointment of unclassified laborers, see Part 52. For assignment of unclassified laborers to classified work, see $ 2.106.
2.6 Classification of excepted employees. Except as provided in $ 2.7 a person holding a position when it is placed in the competitive classified civil service and made subject to competitive examination may acquire a competitive civil service status provided :
(a) That he was appointed at least 60 days prior to the effective date of the change in the status of the position;
(b) That he is unqualifiedly recommended to the Civil Service Commission by the head of the department or establishment in which he is employed;
(c) That he shall pass such appropriate noncompetitive tests of fitness as the Civil Service Commission may prescribe; and
(d) That he is a citizen of the United States and is not disqualified by any of the provisions of § 5.3 or of any provision of the Civil Service Act and rules or of any other statute or Executive order.* [E.O. 7408, July 6, 1936]
*For statutory citation, see note to 8 2.1.