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156.
UNITED STATES CIVIL SERVICE
Washington,

COMMISSION

D. C-.
February 19, 1915.

Hon.

Charles S. Hamlin,
Governor,

Federal Reserve Board.

Washington,

D. C.

Sir:
This Commission has the honor to acknowledge the receipt of
your communication of February IS, askipg whether an employee of
the Government appointed under the civil service rules who lesigns
from such employment to become a member of \;he staff of the Federal
Reserve Boards would thereby lose his civil service status.
Civil Service Rule X, clause 3, provides that "Any person
may be retransferred to a position in which he was formerly e m ­
ployed,
from,

or to any position to which transfer could be -made there­

if since his transfer he has been continuously in the e xecu­

tive *

*

*

eivil service of the United States *

The Federal Reserr.e Act,

*

* '*

*

*•"

section 11, providing that employees

shall be appointed without regard to the civil service act declares
that "nothing herein shall prevent the President
employees in the classified service."

from placing such

This provision,

together

with the reasons given in the opinion of the Attorney General made
public December
the Board
poses

19, 1914, indicate that an employee transferred to

from the classified

service may be regarded for the pur­

of the rules and in the interests of good administration as




229
eligible

for return to the classified service, to the position in

which .he was formerly .employed or to any position to which trans­
fer could be made there form, .if he has boon continuously in the
service*

■

It is suggested that your Beard request this Commission to
issue its certificate

for . t h e .transfer in order that there may be

a record in .the TSocmi&sion.
It may be added that, in being 'transferred from the classified
competitive service to the Federal Reserve Board, which is outside'
the classified service, the employee would not carry with h im any ■
other rights.or privileges than those of reinstatement and retrans­
fer.

He would not. any more ■■han any other employee of the Board,.

.

*

■

be entitled to charge? and-'an opportunity of reply before removalas requir ed by l a w in the case of competitive, employees.

The act

mafce3 it discretionary with the President.t o .place employees of
the Board in the classified service, and until he <30 directs, such
employees acquire none., of the rights ancl privileges attaching to'
classified' employees, exeopt where transferred

from the classi'fied

competitive service and then only to the extent of reinstatement
or retransfer.
By direction o? the Commission:




i: Very respectfully,
•

, (Signed). JOHN A. KclLHENNY,
President.