Civil Service

I

Introduction

Civil Service, name generally given to paid nonmilitary service in nonelective office in the executive branch of government. The term does not apply properly to service in the legislative branch or judicial branch, although in the United States some employees of these branches are subject to provisions of the Civil Service Act. In certain countries, notably the United Kingdom, the term civil service is used to denote only positions in the national government; in others, including France and the United States, the term is applied to governmental positions on all levels, from federal to municipal. Civil service employees in most modern countries are selected by competitive examination.

Until the second half of the 19th century, elected government officials in most countries regarded appointive posts under their jurisdiction as political prizes to be distributed among influential or faithful supporters. The first significant departure from this practice occurred in Britain in 1855, when examinations were conducted by government order among selected candidates for certain minor positions. The categories of jobs filled in this fashion were gradually extended, and in 1870 a policy of open competitive examinations for most posts in the British civil service was adopted.

The U.S. Constitution vests the president with extraordinary powers in the selection of executive department personnel, and George Washington set a precedent of appointing federal employees almost solely on the grounds of ability. His successor, John Adams, was similarly beyond reproach in exercising his appointive powers, until his last night in office. Fearing that Thomas Jefferson, the newly elected president, would appoint extremists among his Republican followers (see Democratic-Republican Party) to a number of offices recently established by Congress, Adams filled the offices with Federalists. These and other appointees of Adams were promptly dismissed from office by Jefferson.

By the time Andrew Jackson took office, merit figured only secondarily in executive department appointments. During Jackson's administration the policy of political patronage in federal employment was intensified, partly as a result of Jackson's belief that rotation of government jobs was an essentially democratic practice. For many years thereafter virtually all appointive positions in the executive branch were political plunder, belonging to the party in power. The abuses inherent in this system, which became known as the spoils system, were especially pronounced during the three decades following 1845. Washington, D.C., became the mecca of a multitude of federal office seekers.

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Although Congress attempted to deal with the problem in 1853 by passing legislation requiring candidates for certain federal jobs to submit to examination, shortcomings in the provisions and administration of the law foredoomed it to failure. Another bill, directing the president to take remedial action, was passed in 1871. In that year, President Ulysses S. Grant appointed the Civil Service Commission, assigning it the task of drafting a code of hiring procedures. Congress withdrew its financial support, however, in 1873, before the Civil Service Commission could draw up a program.

II

Civil Service Act

Public indignation over the spoils system meanwhile grew throughout the country, leading to the establishment in 1877 of the New York Civil Service Reform Association and to the founding of similar organizations in other cities. The vindictive assassination of President James Garfield in 1881 by an unsuccessful candidate for a federal post transformed the question of civil service reform into a national political issue.

The National Civil Service Reform League, established in 1881, shortly before Garfield's death, led the subsequent fight for congressional action. In 1883 Congress passed and President Chester Arthur signed the Civil Service Act, sometimes referred to as the Pendleton Act, legislation that created the foundations of the American civil service system. The act established a merit-based system for filling certain classes of federal jobs. Instead of being awarded as political favors, these jobs would be filled through competitive examinations open to all citizens. The act also protected such employees from arbitrary dismissal, demotion, or coercion in any form for political reasons.

Administration of the act was assigned to an appointive board called the Civil Service Commission, which was empowered to frame the necessary rules and regulations. In addition, the president of the United States was authorized to determine, by executive order, the classes of positions subject to the jurisdiction of the commission. In 1883, upon passage of the act, only 13,900 positions—or slightly more than 10 percent of federal civilian jobs—were placed in the competitive civil service system. The range of federal jobs covered by the act was gradually extended by both executive and legislative acts.

Today, civil service positions not filled by transfer and promotion are filled from lists of qualified candidates in competitive examinations open to all citizens. Examinations are held for specific jobs, as needs require. Candidates are graded by points up to 100; the passing grade is 70. Appointments are made on merit from the appropriate list of those who passed the examination, without regard to race, religion, color, nation origin, sex, or politics.

III

Later Acts

From time to time Congress has enacted legislation designed to improve the original Civil Service Act. The Lloyd-La Follette Act, passed in 1912, guarantees civil service employees the right of membership in labor unions, provides that agencies give grounds for dismissal to discharged employees, and grants discharged employees the right to answer charges against them. The Civil Service Retirement Act, passed in 1920 and amended several times since then, provides annuities for employees who retire and benefits to survivors of deceased employees. The Classification Act, passed in 1923 and subsequently amended, provides a plan for classification of positions according to the principle of equal pay for equal work. The Hatch Act, passed in 1939, prohibits active participation by civil service personnel in political campaigns. The Veterans’ Preference Act, passed by Congress in 1944, authorizes the addition of 5 points to the scores of war veterans who compete in civil service examinations and 10 points to those of disabled veterans or their wives and those of widows and certain mothers of veterans. The Federal Salary Reform Act of 1962 established the policy that federal salaries shall be comparable with those in private industry.

The passage of the Civil Service Reform Act in 1978 introduced major reforms in an effort to make the civil service system more flexible. The Civil Service Commission was replaced by the Office of Personnel Management (see Personnel Management, Office of). Under the act, top-level employees are grouped into a Senior Executive Service. Pay raises, formerly based on length of service only, are now tied to performance for senior- and middle-level employees.

Civil service employees enjoy a variety of employment benefits, including a contributory retirement system; an incentive-awards program that includes cash bonuses for useful suggestions; low-cost group life and health insurance plans; and paid vacations and sick leave. Federal agencies have systematic promotion plans and career-development and training programs.

At the beginning of the 21st century the federal government employed more than 2.5 million civilians. An even larger number of civilian workers were employed by private firms performing tasks under contract with the federal government. The growing use of contract employees has eroded the reach and importance of federal civil service rules because private contractors are not covered by most forms of civil service law.

In the United States, civil service rules have also played an important role at the state level. In 1883, the year Congress passed the Civil Service Act, the New York State legislature adopted a similar bill, placing administrative employees of the state under the merit system. This rule was extended by statute to the incorporated cities of the state in the following year. In 1884 the Massachusetts State legislature enacted civil service legislation that applied to state and municipal employees.

Merit systems covering most or all state services are in effect in many states. Beginning in 1940 the U.S. government required the establishment of state merit systems for employees in state departments receiving federal grants for salaries. Consequently, all 50 states have merit systems in such programs as employment services, unemployment insurance, public welfare assistance, and public health.

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