Pendleton Civil Service Act

Explanation and Analysis of the Document

Section 1.

In the introduction to the Pendleton Act, the authors, Eaton and Pendleton, establish that the president of the United States, with the advice and consent of the Senate, has the authority to appoint three people to form the Civil Service Commission. Only two of the three commissioners could belong to the same political party. The introduction specifies that the commissioners can hold no other official office. The Pendleton Act provides that each of the three commissioners receive an annual salary of $3,500.

Section 2.

Section 2 pertains to the five duties of the commissioners. Their first duty is to assist the president in determining appropriate regulations to enforce the Pendleton Act. The second responsibility is to “provide and declare, as nearly as the conditions of good administration will warrant” open and competitive examinations to determine whether applicants are suitable for classified positions. The commissioners are instructed to select those candidates who score highest on the examinations. Civil service positions are to be filled proportionately to the population of each state or territory. Applicants are required to pledge an oath affirming that they actually live where they say they live. In addition, there is a prescribed period of probation during which no appointments will be made. The second duty also specifies that civil service employees cannot be required to contribute any money to a political campaign and that the employees will not be removed from their positions if they refuse to contribute. Civil service employees are prohibited from using their positions to influence or coerce anyone into political action. If no one applies for the competitive examinations, the positions will be opened to allow for noncompetitive examinations. Records of all appointments, including any transfers, resignations, or removals, are to be kept by the commission.

The third duty is to make regulations for, supervise, and preserve the records of all examinations. The commission is also instructed to keep records of all its proceedings. The fourth duty allows the commissioners to investigate the enforcement of the commission's rules and regulations, including the actions of any examiners and anyone in the public service. The fifth duty provides that the commissioners make an annual report to the president, discussing the commission's “action[s], the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.”

Section 3.

Section 3 authorizes the commission to hire a chief examiner to act as liaison to the examining boards in Washington to “secure accuracy, uniformity, and justice in all their proceedings.” The chief examiner's salary was set at $3,000 per year in addition to traveling expenses. Section 3 also specifies that the commission could have a secretary appointed by the president at an annual salary of $600. Along those lines, the commission is also instructed to hire a stenographer and a messenger if necessary.

The commission is instructed in Section 3 to appoint at least three persons to serve on the board of examiners wherever examinations would take place. The act prescribes that examinations must take place at least twice per year, given that there are applicants to be examined. Public officials, including collectors and postmasters, are directed to allow the “reasonable use” of the public buildings for the examinations.

Section 4.

Section 4 instructs the secretary of the interior to provide “suitable and convenient rooms and accommodations … to be furnished, heated, and lighted” in Washington, D.C., for the commission and for any examinations. The secretary of the interior is also responsible for providing stationary and supplies and printing for the commission.

Section 5.

Section 5 states that a commissioner, examiner, or anyone involved in the civil service “who shall willfully and corruptly … defeat, deceive, or obstruct any person in respect of his or her right of examination” will be judged guilty of a misdemeanor. This also applies to anyone falsely grading an examination and to those who supply secret information to candidates “either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted.” If one is convicted of this misdemeanor, the fine is set at between $100 and $1,000. The convicted also faces possible imprisonment, between ten days and one year, instead of or in addition to the monetary fine.

Section 6.

This section deals with the duties of various other officials. The secretary of the treasury is instructed, within sixty days of the passage of the Pendleton Act, to arrange the clerks and employees of the collector, naval officer, surveyor, and appraisers in classes in each customs district. Each customs district can have as many as fifty people in a classified group. All arrangements and classifications must be reported to the president. Likewise, the postmaster general is also responsible for arranging the clerks and other people employed at each post office. Both the secretary of the treasury and the postmaster general can, at any time, be authorized by the president to make other classifications. In addition, the secretary of the treasury, postmaster general, and other heads of departments or offices are instructed to enforce the Pendleton Act and to revise “any then existing classification or arrangement of those in their respective departments.”

Section 7.

This section stipulates that once six months has passed from the passage of the Pendleton Act, no one should be appointed, employed, or promoted until he or she has passed an examination or it is proved that he or she is exempted from taking an examination. Section 7 specifically mentions that the Pendleton Act does not intend to deprive those discharged from the military or navy of the benefits given by the 1754 section of the Revised Statutes. In addition, Section 7 indicates that laborers, workmen, and officers of any other branch of the government except the executive branch will not be required to take the classified examinations. Those appointed by the Senate also do not have to take the examinations unless required by the Senate.

Section 8.

Section 8 specifies that anyone who regularly abuses “intoxicating beverages to excess” will not be employed in the civil service.

Section 9.

According to Section 9, if there are already two or more members of the same family employed in public service, no other member of the family will be eligible.

Section 10.

Section 10 requires that senators and representatives not give applicants recommendations “except as to the character or residence of the applicant.”

Section 11.

As hinted at in Section 2 regarding campaign contributions, Section 11 specifies that elected officials, employees of the Senate or House of Representatives, military officers, or other employees may not, “directly or indirectly, solicit or receive” any financial contributions for political purposes from officers, clerks, and employees of the United States or anyone “receiving any salary or compensation from moneys derived from the Treasury of the United States.”

Section 12.

Similarly to Section 11, this section mandates that no one is allowed to receive any financial contribution or anything of value while in any naval yard, fort, or arsenal or in any room or building being used for official duties of the United States.

Section 13.

Section 13 also deals with financial contributions. It specifies that no officer or employee mentioned in the Pendleton Act may fire, promote, or “change the official rank or compensation of any other officer or employee, or promise or threaten so to do” for either contributing or refusing to contribute money or items of value for a political campaign.

Section 14.

Section 14 also pertains to contributions to political campaigns. According to Section 14, “no officer, clerk, or other employee of the United States shall, directly or indirectly,” give any one money or valuables for political purposes.

Section 15.

Section 15 states that anyone found guilty of the conditions in Sections 11 through 14 will be found guilty and convicted of a misdemeanor. The penalty for such misdemeanor is set at no less than $5,000, imprisonment for no more than three years, or both.