Civil Service Law

Text extracted from opening pages of book: CIVIL SERVICE LAW by OLIVER P. FIELD Professor of Political Science University of Minnesota THE UNIVERSITY OF MINNESOTA PRESS Minneapolis Copyright 1939 by the UNIVERSITY OF MINNESOTA ALL RIGHTS RESERVED. NO PART OF THIS BOOK MAY BE REPRODUCED IN ANY FORM WITHOUT THE WRITTEN PERMISSION OF THE PUBLISHERS. PERMISSION IS HEREBY GRANTED TO REVIEWERS TO QUOTE BRIEF PASSAGES IN A REVIEW TO BE PRINTED IN A MAGAZINE OR NEWSPAPER. Printed in the United States o\ America PREFACE It is the author's hope that personnel officers and draftsmen of laws and ioMs for the improvement and operation of public administration will find this volume of some aid. It is primarily for them that the book has been written. The original plan for this work included a wider use of tke reports of administrative decisions, but as work progressed it became clear that to complete it within a reasonable period of time, and to keep it within the desired compass, only the federal materials from the attorney gen eral, comptroller general, and comptroller of the treasury could be con sulted. The author is indebted to the Social Science Research Council and to the Fluid Research Fund of the Graduate School of the University of Minnesota for grants in aid of this study, and to the Committee or} Train ing for Public Administration for financial assistance which made pos sible the publication of the book. In the preparation of this volume the author has been encouraged and helped by Professor Morris B. Lambie of the Department of Govern ment of Harvard University, and Professor Lloyd M. Short of the De partment of Political Science of the University of Minnesota. Professor Short read themanuscript and made helpful suggestions for its improve ment. Mr. George Peterson and Mr. Joseph Maun, both of the Minnesota bar, and Mr. Malcolm Moos, of the staff of the Municipal Reference Bureau of the University of Minnesota, have assisted at various stages in the preparation of the book. Mr. Eugene B. Altschul has verified all the citations. No one knows as well as the author that the likelihood of errors in a book of such detail is great, and no'tme would more appreciate having his attention drawn to such errors as may have crept into it. OLIVER P. FIELD Minneapolis, Minnesota March, 1939 TABLE OF CONTENTS I. INTRODUCTION 3 II. CONSTITUTIONALITY AND SCOPE OF CIVIL SERV ICE LAWS . 7 CONSTITUTIONALITY OF CIVIL SERVICE LAWS 7 SCOPE OF CIVIL SERVICE LAWS 18 III. ESTABLISHMENT OF THE CIVIL SERVICE 27 EFFECT ON STATUS OF EXISTING PERSONNEL 27 EFFECT ON TERMS 35 EFFECTIVE DATE OF ACT 39 THE CIVIL SERVICE COMMISSION AND ITS RELATION TO OTHER DE PARTMENTS . 41 POWER OF THE CIVIL SERVICE COMMISSION TO MAKE REGULATIONS 44 IV. CLASSIFICATION 49 BASES OF CLASSIFICATION 49 POWER TO CLASSIFY . 56 DUTY TO CLASSIFY 59 JUDICIAL REVIEW OF CLASSIFICATION 59 CLASSES 61 The Exempt Class 61 Relation of Practicability of Examination to Classification 65 Status of Special Groups 67 ELECTIVE OFFICERS 67 LEGISLATIVE GROUPS . 68 HEADS OF DEPARTMENTS . 69 DEPUTIES 70 CONFIDENTIAL POSITIONS 7 1 LABOR CLASS . . .74 vii viii CIVIL SERVICE LAW V. EXAMINATION, ELIGIBLE LISTS, AND CERTIFICA TION 76 EXAMINATION 76 Preliminaries to Examination 76 NOTICE OF EXAMINATION 76 APPLICATION 76 QUALIFICATIONS ( EDUCATION, EXPERIENCE, PHYSICAL AND MORAL FITNESS CITIZENSHIP AGE RESIDENCE) 78 PLACE OF EXAMINATION 83Examinations . 84 ELIGIBLE LISTS . . . - 93 CERTIFICATION 99 VI. APPOINTMENT AND VETERANS' PREFERENCE 103 APPOINTMENT . . .... .... 103 General Principles . 103 The Family Rule 107 Probationary Appointments .... 108 Apprenticeships and Voluntary Service . . 113 Temporary Appointments . ... 114 VETERANS' PREFERENCE . . .... ... . . . 118 VII. PROMOTION, TRANSFER, AND LEAVE OF ABSENCE 127 PROMOTION 127 General Principles 127 Qualifications for Promotion 129 What Constitutes Promotion? 134 Promotion and Increase in Salary 136 Promotional Procedure 138 Veterans' Preference 140 T