Merit Systems Protection Board

“ Though the Act does not require several of its key elements to be in operation for another year, some Federal agencies already have established merit pay systems for GS-13-15 managers, and most agencies are well on their way to establishing new performance standards for all their employees. All have paid out, or are now in the process of paying out, performance bonuses earned by outstanding members of the Senior Executive Service. ”

“ In an era of decentralization of Federal human resources management, it is increasingly important to ensure that merit system principles are applied consistently across the Federal Government and that the Executive branch has the ability to collect information about its workforce. The President and the public need to be assured that Federal agencies are monitoring the exercise of all human resources management authorities that have been delegated to them. ”

“ It is one of the most fundamental principles of the merit system that appointments to places in the classified service, under the competition rule, shall not be made at the arbitrary will of the appointing power, but solely on the ground of merit, as shown by open competitive examination supplemented by practical probation during a certain period. ”

“ I have mentioned the fact that the Constitution of that State makes the introduction of the competitive merit system in all branches of the service obligatory; that the Court of Appeals has given the broadest construction to that constitutional mandate, that public employees appointed in contravention of that mandate are deprived of what their hearts most yearn for, their pay, and that therefore the soul of the spoils politician is seriously disturbed. He has to deal with the fact that the competitive examination cannot be gotten out of the way. ”

“ There is here and there in the popular mind—even among those who on the whole favor the merit system—a lack of appreciation of just this point. We still hear reasoning like, this: “You wish the public service to be conducted on business principles. Now, would not any practical business man be better satisfied with some less restrictive method of ascertaining the qualifications of those he has to employ? Will he not be the best judge of those qualifications? Will he limit the freedom of his choice by any competitive system?” ”

“ As the Nation's largest employer, the Federal Government has a special obligation to lead by example. Attaining a diverse, qualified workforce is one of the cornerstones of the merit-based civil service. ”

“ Whenever the Commission and any Federal agency having an established merit system determine it to be in the interest of good administration and consistent with the intent of the civil-service laws and any other applicable laws, they may enter into an agreement prescribing conditions under which persons may be moved from one system to the other and defining the status and tenure that the persons affected shall acquire upon such movement. ”

“ The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. ”

“ Value of the Merit System.—The merit system does not always succeed in picking out the best among those who apply for a vacant position. No system of competitive tests is infallible. Even school examinations do not always prove who is the best scholar. But they come nearer doing so than any other method. Civil service tests do succeed in weeding out the unfit. They protect the public service against the appointment of officials who are clearly incompetent and have no qualifications except political influence. ”

“ One of the most essential ingredients of a contented and efficient service is that promotions policy should be regulated in accordance with publicly recognised professional principles. The Service must feel confident that promotions will be determined impartially on the basis of official qualifications, experience and merit. ”

“ The civil service law has been on the statute books for twenty-two years. Every President and a vast majority of heads of departments who have been in office during that period have favored a gradual extension of the merit system. The more thoroughly its principles have been understood, the greater has been the favor with which the law has been regarded by administration officers. Any attempt to carry on the great executive departments of the Government without this law would inevitably result in chaos. ”

“ Evidently all data{200} on which appointment or promotion is based should be matters of record, otherwise a perfectly well-ordered merit system cannot be demonstrated to be such to one who has a right to know; and, of course, in the last analysis, every citizen has this right in the case of a public institution.
What appeared to be needed was some regular report on the efficiency of every employee, which should be taken into account in assigning marks or in some other way, in making promotions, made in such permanent form that it could be filed as a record. ”

“ The completion of the reform of the civil service is recognized by good citizens everywhere as a matter of the highest public importance, and the success of the merit system largely depends upon the effectiveness of the rules and the machinery provided for their enforcement. ”

“ Wilful neglect of safety provisions became punishable in the case of employers as well as miners by imprisonment with hard labour. But the most important new step lay in the sections relating to daily control and supervision of every mine by a manager holding a certificate of competency from the secretary of state, after examination by a board of examiners appointed by the secretary of state, power being retained for him to cause later inquiry into competency of the holder of the certificate, and to cancel or suspend the certificate in case of proved unfitness. ”

“ I should think a Board of Officers should be established to examine into the merits of Officers recommended for such honourable remuneration; and their fiat should either confirm the claim, or reject it altogether: a Badge of Merit would then be valuable. Indeed, if the power of the Board was extended to decide upon the merits for Brevet Rank, the service would gain by it. It is the value of a thing that makes it desirable. ”

“ Appointments are to a large extent based upon merit, but promotions are still determined, in many cases, by personal or party favoritism. Rarely is there any examination or other test to decide who will be promoted when a vacancy occurs higher up. It is desirable, therefore, that the merit system of appointment should be supplemented by a merit system of promotions. Many capable young men and women will not enter the public service today because there is no certain chance of promotion on the basis of ability and industry. ”

“ Many attempts, more or less avowed, have been made to cripple the merit system before destroying it; for instance, bills have been introduced to allow the appointing officers to choose any applicant who has passed the examination, “to improve the civil service by affording advancement to those in the classified service who have been denied advancement through circumstances beyond their control,” to suspend the law during the first year of every presidential term. ”

“ Provided, however, that all shall be entitled to the privileges and rights of security of tenure, promotion in positions and salaries for meritorious service, leaves and retirement benefits, as in the government service as now provided for by law. ”

“ The vast workings of the social security administrative system make for reliability and impartiality in the consultant reports. We bear in mind that the agency operates essentially, and is intended so to do, as an adjudicator and not as an advocate or adversary. ”

“ A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which State personnel shall be selected on a basis of merit, fitness, and efficiency according to law. ”

“ The head of each executive department and agency shall establish and maintain an affirmative program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance with the policy set forth in section 1. It is the responsibility of each department and agency head, to the maximum extent possible, to provide sufficient resources to administer such a program in a positive and effective manner; assure that recruitment activities reach all sources of job candidates; utilize to the fullest extent the present skills of each employee ”

“ I think the merit system is exactly the approach we should take and the point system is exactly the approach we should take. But I still don't understand why somebody who's worked as an agriculture worker for five years gets the same points as somebody who has worked with a physics degree. It seems to me if you're going to weight this properly in a merit system based system -- we're not talking the guest worker program here. We're talking the merit system proposals. ”

“ It is hereby declared to be in the policy of this Act to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts. ”

“ At a minimum, termination briefings must impress upon each employee the continuing responsibility not to disclose any classified information to which the employee had access and the potential penalties for non- compliance, and the obligation to return to the appropriate agency official all classified documents and materials in the employee's possession. (h) Other security education and training. Agencies are encouraged to develop additional security education and training according to program and policy needs. ”

“ The State should undertake to enact a law relating to personnel management of State agencies in accordance with the merit system, provided that such law must at least contain measures to prevent any person from exercising powers or acting wrongfully to intervene or interfere with the performance of duties or the procedure for appointment or consideration of the merits of State officials. ”

“ IN GENERAL- The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of surveyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act. ”

“ Career civil servants are the backbone of the Federal workforce, providing the expertise and experience necessary for the critical functioning of the Federal Government. It is the policy of the United States to protect, empower, and rebuild the career Federal workforce. It is also the policy of the United States to encourage union organizing and collective bargaining. The Federal Government should serve as a model employer. ”

“ Executive branch policies and procedures relating to suitability, contractor employee fitness, eligibility to hold a sensitive position, access to federally controlled facilities and information systems, and eligibility for access to classified information shall be aligned using consistent standards to the extent possible, provide for reciprocal recognition, and shall ensure cost-effective, timely,and efficient protection of the national interest, while providing fair treatment to those upon whom the Federal Government relies to conduct our Nation’s business and protect national security. ”

“ Following agency submissions, the Safer Federal Workforce Task Force and OMB will work with agencies to review and finalize plans. The principles outlined in the attached model should be used as a starting point for individual agency workforce safety plans, and agencies should adjust, as appropriate, for its mission requirements. Agencies with on-site contractor employees should make appropriate refinements to ensure the principles are applied to contractor employees in a manner that achieves workplace safety. ”

“ To eradicate these abuses, we demand not only the enforcement of the civil service act in letter and spirit, but also legislation which will bring under the competitive system postmasters, collectors, marshals, and all other non-political officers, as well as the enactment of an equitable retirement law, and we also insist upon continuous service during good behavior and efficiency. ”