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Civil Service Reform Act of 1978

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The Civil Service Reform Act of 1978 (CSRA) reformed the civil service of the United States federal government, partly in response to the Watergate scandal (1972-74). The Act abolished the U.S. Civil Service Commission and distributed its functions primarily among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA).

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81-507: The original legislation allowing federal employees to organize together and protect rights was the Lloyd–La Follette Act in 1912. However this act only allowed for employees to unionize together and petition the government, but gave them no real bargaining power. The Act was amended by both President John F. Kennedy ( Executive Order 10988 ) and President Richard Nixon (Executive Order 11491), but neither executive orders truly fixed

162-537: A collegium dedicated to managing the streets, and had a centuriate assembly dedicated to them. The carnifex punished slaves and foreigners, unlike lictores who punished Romans. They were the tax collectors. The name coactor is derived from its latin meaning: "to compel, to force". SImilary to accensi, lictores were public officers tasked to assist magistrates since the times of the Roman kingdom (753 BC – 509 BC) or even earlier Etruscan times. The number of lictores

243-877: A competitive examination for the Central Superior Services of Pakistan and other civil-service posts; Pakistan inherited this system from the British Raj -era Indian Civil Service . Pakistan has federal civil servants serving in federal government offices, with staff selected through the Federal Public Service Commission. Similarly, Pakistani provinces select their own public servants through provincial Public Service Commissions. The federal services have some quota against provincial posts, while provincial services have some quota in federal services. The ROC constitution specifies that public servant cannot be employed without examination. The employment

324-776: A public servant or public employee , is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in

405-465: A right to petition Congress direct. A different rule should prevail with regard to their presentation of grievances connected with their relation to the Government as employees. In that respect good discipline and the efficiency of the service requires that they present their grievances through the proper administrative channels." S.Rep. No. 955, 62d Cong.2d Sess. 21 (1912). As Sen. Bourne explained, "it

486-455: A clear division between staff responsible for routine ("mechanical") work, and those engaged in policy formulation and implementation in an "administrative" class. The report was well-timed, because bureaucratic chaos during the Crimean War was causing a clamour for the change. The report's conclusions were immediately implemented, and a permanent, unified and politically neutral civil service

567-515: A committee or Member thereof, may not be interfered with or denied." 5 U.S.C.   § 7211 Under the leadership of Republican Senator Robert M. La Follette, Sr. , the United States Congress passed the Act with the intention of conferring job protection rights on federal employees they had not previously had. Prior to this, there was no such statutory inhibition on the authority of

648-499: A different position, urging in its report that the relevant language, see id., at 10732 (House version) be omitted entirely: As to the last clause in section 6, it is the view of the committee that all citizens have a constitutional right as such to present their grievances to Congress or Members thereof. But governmental employees occupy a position relative to the Government different from that of ordinary citizens. Upon questions of interest to them as citizens, governmental employees have

729-464: A greater chance to pass the exams and obtain an official degree. This included the employment of a bureau of copyists who would rewrite all of the candidates' exams in order to mask their handwriting and thus prevent favoritism by graders of the exams who might otherwise recognize a candidate's handwriting. The advent of widespread printing in the Song period allowed many more examination candidates access to

810-401: A magistrate had was proportional to status. Lictores were in charge of punishing Roman citizens. They were generally employed to make announcements in public and crowds. The scriba were civil servants working as public notaries as well as general bureaucracy. Greek cities had a similar figure, however the job was done by slaves. In the 18th century, in response to economic changes and

891-415: A merchant. This was because the mercantile class was traditionally regarded with some disdain by the scholar-official class. This class of state bureaucrats in the Song period were far less aristocratic than their Tang predecessors. The examinations were carefully structured in order to ensure that people of lesser means than what was available to candidates born into wealthy, landowning families were given

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972-467: A much smaller scale in comparison to the stronger, centralized bureaucracy of the Song dynasty (960–1279). In response to the regional military rule of jiedushi and the loss of civil authority during the late Tang period and Five Dynasties (907–960), the Song emperors were eager to implement a system where civil officials would owe their social prestige to the central court and gain their salaries strictly from

1053-474: A new category of recommended candidates for the mandarinate in AD 605. The following Tang dynasty (618–907) adopted the same measures for drafting officials, and decreasingly relied on aristocratic recommendations and more and more on promotion based on the results of written examinations. The structure of the examination system was extensively expanded during the reign of Wu Zetian . The system reached its apogee during

1134-408: A profound literati and dramatist that it would not be far-fetched to regard him as China's answer to William Shakespeare. In the late 19th century, however, the system increasingly engendered internal dissatisfaction, and was criticized as not reflecting candidates' ability to govern well, and for giving undue weight to style over content and originality of thought. Indeed, long before its abandonment,

1215-527: A proposal to Congress to bring about civil service reform in order to “bring efficiency and accountability to the Federal Government.” Congress spent 7 months forming and enacting the legislation and in August 1978, Congress approved the plan that restructured federal personnel management. The Civil Service Reform Act of 1978 created rules and procedures for federal civilian employees. There were two parts to

1296-581: A right to provide classified information to members of Congress without official authorization." In 1997, Congress adopted an anti-gag rule. The government-wide prohibition on the use of appropriated funds to pay the salary of any federal official who prohibits or prevents or threatens to prohibit or prevent a federal employee from contacting Congress first appeared in the Treasury and General Government Appropriations Act , 1998, Pub. L.   105–61 (text) (PDF) , 111  Stat.   1318 , (1997). In 1997,

1377-735: A state's civil servants form its civil service or public service. The concept arose in China and modern civil service developed in Britain in the 18th century. An international civil servant or international staff member is a civilian employee who is employed by an intergovernmental organization . These international civil servants do not resort under any national legislation (from which they have immunity of jurisdiction ) but are governed by internal staff regulations. All disputes related to international civil service are brought before special tribunals created by these international organizations such as, for instance,

1458-1037: Is for the purpose of wiping out the existence of this despicable 'gag rule' that this provision is inserted. The rule is unjust, unfair, and against the provisions of the Constitution of the United States, which provides for the right of appeal and the right of free speech to all its citizens.") A number of the bill's proponents asserted that the gag rule violated the First Amendment rights of civil servants. See, e.g., id., at 4653 (remarks of Rep. Calder) (1912); id., at 4738 (remarks of Rep. Blackmon); id., at 5201 (remarks of Rep. Prouty); id., at 5223 (remarks of Rep. O'Shaunessy); id., at 5634 (remarks of Rep. Lloyd); id., at 5637-5638 (remarks of Rep. Wilson); id., at 10671 (remarks of Sen. Ashurst); id., at 10673 (remarks of Sen. Reed); id., at 10793 (remarks of Sen. Smith); id., at 10799 (remarks of Sen. La Follette). Footnote 22. This provision

1539-636: Is obligated to act according to the law and is guided by public policy pronouncements. The Common Statute of Civil Servants is the primary legislative framework for the Civil Service in Cambodia. One of the oldest examples of a civil service based on meritocracy is the Imperial bureaucracy of China, which can be traced as far back as the Qin dynasty (221–207 BC). However, the civil service examinations were practiced on

1620-906: Is usually lifelong (that is, until age about retirement). The civil service in France ( fonction publique ) is often incorrectly considered to include all government employees including employees of public corporations, such as SNCF . Public sector employment is classified into three services; State service, Local service and Hospital service. According to government statistics there were 5.5 million public sector employees in 2011. The Public Service in Germany ( Öffentlicher Dienst ) employed 4.6 million persons as of 2011 . Public servants are organized into hired salaried employees ( Arbeitnehmer ), appointed civil servants ( Beamte ), judges, and soldiers. They are employed by public bodies ( Körperschaften des öffentlichen Rechts ), such as counties ( Kreise ) , states ,

1701-756: The Civil Services Examination (CSE) or the Engineering Services Examination (ESE) among others, conducted by the Union Public Service Commission (UPSC). Additionally, there are also State Services . The state civil servants are selected through an examination conducted by state public service commissions. State civil servants serve at the pleasure of the Governor. In Pakistan the FPSC (Federal Public Service Commission) conducts

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1782-458: The Commonwealth . The Pendleton Civil Service Reform Act established a modern civil service in the United States, and by the turn of the 20th century almost all Western governments had implemented similar reforms... Brazil started to move away from a patronage based public service starting in the second half of the 19th century, but written tests and merit only became the norm towards the end of

1863-598: The Confucian classics . After the fall of the Han dynasty, the Chinese bureaucracy regressed into a semi-merit system known as the nine-rank system . This system was reversed during the short-lived Sui dynasty (581–618), which initiated a civil service bureaucracy recruited through written examinations and recommendation. The first civil service examination system was established by Emperor Wen of Sui . Emperor Yang of Sui established

1944-718: The Confucian texts whose mastery was required for passing the exams. Hong Kong and Macau have separate civil service systems: In India, civil servants are selected as per the Constitution of India . Civil servants serve at the pleasure of the President of India . The civil services of India can be classified into two types—the All India Services and the Central Civil Services (Group A and B). The recruits are university graduates selected through three phase exams such as

2025-611: The Hatch Act of 1939 , civil servants are not allowed to engage in political activities while performing their duties. The U.S. civil service includes the competitive service and the excepted service . The majority of civil service appointments in the U.S. are made under the competitive service, but the Foreign Service , the FBI , and other National Security positions are made under the excepted service. (U.S. Code Title V) As of January 2007,

2106-478: The Indian Rebellion of 1857 which came close to toppling British rule in the country. The Northcote–Trevelyan model remained essentially stable for a hundred years. This was a tribute to its success in removing corruption, delivering public services (even under the stress of two world wars), and responding effectively to political change. It also had a great international influence and was adapted by members of

2187-543: The New Policies reform package. The Chinese system was often admired by European commentators from the 16th century onward. However, the Chinese imperial examination system was hardly universally admired by all Europeans who knew of it. In a debate in the unelected chamber of the UK parliament on March 13, 1854, John Browne 'pointed out [clearly with some disdain] that the only precedent for appointing civil servants by literary exams

2268-499: The Northcote–Trevelyan Report of 1854 made four principal recommendations: that recruitment should be on the basis of merit determined through competitive examination, that candidates should have a solid general education to enable inter-departmental transfers, that recruits should be graded into a hierarchy and that promotion should be through achievement, rather than "preferment, patronage or purchase". It also recommended

2349-782: The Treasury Department Appropriation Act of 1972 , the Lloyd–La Follette Act of 1912, and the Civil Service Reform Act of 1978 . In 2006, Rep. John Conyers included the Lloyd–La Follette Act in a list of 26 laws that he contends President George W. Bush violated. Civil servants The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service official , also known as

2430-584: The federal government , etc. In addition to employees directly employed by the state another 1.6 million persons are employed by state owned enterprises Beamte has been a title for government employees for several centuries in German states, but became a standardized group in 1794. Soldiers other than conscripted soldiers are not Beamte but have similar rights. Judges are not Beamte but have similar rights too. Public attorneys are all Beamte, whereas most (but not all) professors are Beamte. The group of Beamte have

2511-422: The republic , and workers in government-owned corporations . Career civil servants (not temporary workers or politicians) are hired only externally on the basis of entrance examinations ( Portuguese : concurso público ). It usually consists of a written test; some posts may require physical tests (such as policemen), or oral tests (such as professors, judges, prosecutors and attorneys). The rank according to

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2592-504: The 1930s, as a result from reforms introduced during Getúlio Vargas first term as the nation's President. Civil servants in Brazil ( Portuguese : servidores públicos ) are those working in the executive , legislative , and judicial branches of the Federal , state , Federal District or municipal governments, including congressmen , senators , mayors , ministers , the president of

2673-827: The Administrative Tribunal of the ILO . Specific referral can be made to the International Civil Service Commission (ICSC) of the United Nations , an independent expert body established by the United Nations General Assembly . Its mandate is to regulate and coordinate the conditions of service of staff in the United Nations common system, while promoting and maintaining high standards in the international civil service. The origin of

2754-485: The CSRA have spread globally and that the CSRA has had a serious impact on public administration systems all over the world. It is also claimed that the CSRA has incorporated “long-lasting strategies based on improved responsiveness and competitiveness of federal employees" and that the CSRA has moderately improved employee attitudes in the workplace. Lloyd%E2%80%93La Follette Act The Lloyd–La Follette Act of 1912 began

2835-533: The CSRA. Carter intended for the act to create more bureaucratic officials involved with policy making (rather than administration) and that were more closely politically controlled by the presidency. The CSRA arose from a growing wariness of the United States Government by the general American population. Preceding the Act in 1978 was nearly a decade of major blunders committed by the White House. In short,

2916-497: The Government and People of China , published in 1847, that "the long duration of the Chinese empire is solely and altogether owing to the good government which consists in the advancement of men of talent and merit only", and that the British must reform their civil service by making the institution meritocratic. On the other hand, John Browne, in the 1854 debate mentioned above, 'argued that elegant writing had become an end in itself, and

2997-552: The House Report explained, this legislation was intended "to protect employees against oppression and in the right of free speech and the right to consult their representatives." FN23 In enacting the Lloyd–La Follette Act, Congress weighed the competing policy considerations and concluded that efficient management of government operations did not preclude the extension of free speech rights to government employees.FN24 Footnote 20. See 48 Cong.Rec. 4513 (1912) (remarks of Rep. Gregg) ("[I]t

3078-476: The House, which originated § 6, suggested that it would improve the efficiency and morale of the civil service. "It will do away with the discontent and suspicion which now exists among the employees and will restore that confidence which is necessary to get the best results from the employees." 48 Cong.Rec. 4654 (1912) (remarks of Rep. Calder); see id., at 5635 (remarks of Rep. Lloyd). The Senate Committee initially took

3159-508: The Senate passed a prohibition that applied only to the Postal Service, while the House of Representatives passed a government-wide prohibition. The conference report adopted the House version, and a government-wide prohibition has been included in every Treasury-Postal appropriations act since fiscal year 1998. This provision has its antecedents in several older pieces of legislation, including

3240-514: The Song dynasty. In theory, the Chinese civil service system provided one of the main avenues for social mobility in Chinese society, although in practice, due to the time-consuming nature of the study, the examination was generally only taken by sons of the landed gentry. The examination tested the candidate's memorization of the Nine Classics of Confucianism and his ability to compose poetry using fixed and traditional forms and calligraphy . It

3321-455: The Supreme Court addressed questions about the Act. It held that the Act's standard of employment protection, which describes as explicitly as is feasible in view of the wide variety of factual situations where employees' statements might justify dismissal for "cause" the conduct that is ground for removal, is not impermissibly vague or overbroad in regulating federal employees' speech. One of

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3402-448: The UK, a civil servant is a public servant but a public servant is not necessarily a civil servant. The study of the civil service is a part of the field of public service (and in some countries there is no distinction between the two). Staff members in "non-departmental public bodies" (sometimes called " QUANGOs ") may also be classed as civil servants for the purpose of statistics and possibly for their terms and conditions. Collectively

3483-405: The argument, it is claimed that the CSRA has not affected unequal hiring methods, has not formed a division of experienced administrators that it was supposed to, and has been ignored by certain agencies. Others claim that the CSRA was a pervasive attempt to reform and restrain a large government bureaucracy in the United States. On the other side of the argument, it is claimed that many provisions in

3564-534: The bureaucracy were based on the patronage of aristocrats ; During the Han dynasty , Emperor Wu of Han established the xiaolian system of recommendation by superiors for appointments to office. In the areas of administration, especially the military, appointments were based solely on merit. This was an early form of the imperial examinations, transitioning from inheritance and patronage to merit, in which local officials would select candidates to take part in an examination of

3645-399: The central government. This ideal was not fully achieved since many scholar officials were affluent landowners and were engaged in many anonymous business affairs in an age of economic revolution in China . Nonetheless, gaining a degree through three levels of examination—prefectural exams, provincial exams, and the prestigious palace exams—was a far more desirable goal in society than becoming

3726-801: The company's territories in India. "The proposal for establishing this college came, significantly, from members of the East India Company's trading post in Canton, China." Examinations for the Indian "civil service"—a term coined by the Company—were introduced in 1829. British efforts at reform were influenced by the imperial examinations system and meritocratic system of China. Thomas Taylor Meadows, Britain's consul in Guangzhou , China argued in his Desultory Notes on

3807-463: The courts, they escorted the magistrate and acted as heralds. They also helped in writing edicts and laws . It is also possible they were messengers and orderlies . The Accensi Velati were non military participants of military campaigns. They probably assisted clerks, accountants, supply officials, and aides. The y also assisted religious affairs especially the Feriae Latinae , formed

3888-643: The eighteenth century a number of Englishmen wrote in praise of the Chinese examination system, some of them going so far as to urge the adoption for England of something similar. The first concrete step in this direction was taken by the British East India Company in 1806." In that year, the Honourable East India Company established a college, the East India Company College , near London to train and examine administrators of

3969-638: The examination score is used for filling the vacancies. Entrance examinations are conducted by several institutions with a government mandate, such as CESPE (which belongs to the University of Brasília ) and the Cesgranrio Foundation (which is part of the Federal University of Rio de Janeiro ). The labor laws and social insurance for civil servants are different from private workers; even between government branches (like different states or cities),

4050-643: The federal government had "widely over-promised and woefully underperformed". Incidents like the Watergate scandal coupled with the consensus public opinion of the Vietnam War being a complete failure led the push for reform. The CSRA sought to fix common problems across the public sector such as eliminating manipulation of the merit system without inhibiting the entire structure, how to both invest authority in managers while simultaneously protecting employee from said authority, limit unnecessary or excessive spending, and make

4131-472: The federal government workforce is employed in this region. As of 2014, there are currently 15 federal executive branch agencies and hundreds of subagencies. In the early 20th century, most cities in the US had a spoils system. Over the next few decades, the spoils system was replaced with a civil service system. U.S. state and local government entities often have competitive civil service systems that are modeled on

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4212-454: The federal government, excluding the Postal Service, employed about 1.8 million civilian workers. The federal government is the nation's single largest employer, although it employs only about 12% of all government employees, compared to 24% at the state level and 63% at the local level. Although most federal agencies are based in the Washington, D.C. region, only about 16% (or about 284,000) of

4293-516: The federal work force mirror the American people more closely. The CSRA was the first federally passed comprehensive civil service reform since the Pendleton Act of 1883. Leading up to the passing of the CSRA, the federal government grew in both size and complexity, causing the public to question the government’s cost and blame policy failures on the bureaucrats. In March, President Jimmy Carter sent

4374-634: The government to discharge a federal employee, and an employee could be discharged with or without cause for conduct which was not protected under the First Amendment . James Tilghman Lloyd a Democratic congressman from Missouri, led the effort to pass the bill in the House of Representatives. The act was passed after the Theodore Roosevelt (in 1902) and Taft (in 1909) administrations prohibited federal employees from communicating with Congress without authorization from their superiors. This language

4455-476: The government’s top managers was created - the Senior Executive Service (SES). These managers were strategically positioned throughout the government and were rewarded via bonuses based on merit. Middle managers were now paid and rewarded based on evaluations and merit only. The act also created processes for firing employees found to be incompetent and provided protection for "whistleblowers". The CSRA

4536-555: The growth of the British Empire , the bureaucracy of institutions such as the Office of Works and the Navy Board greatly expanded. Each had its own system, but in general, staff were appointed through patronage or outright purchase. By the 19th century, it became increasingly clear that these arrangements were falling short. "The origins of the British civil service are better known. During

4617-440: The law and insurance differ. The posts usually are ranked by titles, the most common are technician for high school literates and analyst for undergraduates. There's also higher post ranks like auditor, fiscal, chief of police, prosecutor, judge, attorney, etc. The law does not allow servants to upgrade or downgrade posts internally; they need to be selected in separate external entrance examinations. Historians have explored

4698-575: The modern meritocratic civil service can be traced back to imperial examination founded in Imperial China . The imperial exam based on merit was designed to select the best administrative officials for the state's bureaucracy. This system had a huge influence on both society and culture in Imperial China and was directly responsible for the creation of a class of scholar-bureaucrats irrespective of their family pedigree. Originally appointments to

4779-601: The most secure employment, and the amount they are paid is set by national pay regulations ( Besoldungsordnungen ). Beamte are prohibited from striking . Arbeitnehmer have work contracts, whereas Beamte are appointed, employed, and removed in accordance with the Public Sector Service and Loyalty law ( öffentlich-rechtliches Dienst- und Treueverhältnis ). Most tasks can be either done by Arbeitnehmer or Beamte , however some specific tasks of official nature are supposed to be handled by Beamte since they are subject to

4860-516: The national system, in varying degrees. The Civil Service ( Malay : Perkhidmatan Awam ) of Brunei. The role of the civil service is as the government's administrative machinery to uphold the supreme authority of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, uphold the National Philosophy – MIB, Melayu Islam Beraja, ensure the development of the country and ensure the welfare of

4941-411: The notion of the imperial system as a route to social mobility was somewhat mythical. In Tang's magnum opus, The Peony Pavilion, sc 13, Leaving Home, the male lead, Liu Mengmei, laments: "After twenty years of studies, I still have no hope of getting into office", and on this point Tang may be speaking through Liu as his alter ego. The system was finally abolished by the Qing government in 1905 as part of

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5022-473: The people as well as its traditional role as the peacekeeper, law enforcer, regulator and service providers. However, the adjudication system is separate from the civil service to maintain its independence and impartiality. The Civil Service ( Khmer : សេវាកម្មស៊ីវិល , Sevakamm Civil ) of Cambodia is the policy implementing arm of the Royal Government of Cambodia . In executing this important role, each civil servant ( Khmer : មន្រ្តីរាជការ , Montrey Reachkar )

5103-429: The permission of their supervisors. ... These "gag orders," enforced by dismissal, were cited by several legislators as the reason for enacting the Lloyd–La Follette Act in 1912, 37  Stat.   555 , § 6.FN20 That statute ... explicitly guaranteed that the right of civil servants "to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with." FN22 As

5184-534: The pleasure of the president—a person could be fired at any time. The spoils system meant that jobs were used to support the political parties. This was changed in slow stages by the Pendleton Civil Service Reform Act of 1883 and subsequent laws. By 1909, almost two-thirds of the U.S. federal work force was appointed based on merit, that is, qualifications measured by tests. Certain senior civil service positions, including some heads of diplomatic missions and executive agencies, are filled by political appointees . Under

5265-578: The powerful role of civil service since the 1840s. In Canada, the civil service at the federal level is known as the Public Service of Canada , with each of the ten provincial governments as well as the three territorial governments also having their own separate civil services. The federal civil service consists of all employees of the crown . Ministers' exempt staff and members of the Royal Canadian Mounted Police or Canadian Armed Forces are not civil servants. There are approximately 357,000 federal civil servants (2023), and more than 350,000 employees at

5346-485: The press of Chicago, and the publication was made of the conditions. They were simply horrible. ... The public health officers of Chicago, as soon as their attention was called to the conditions, condemned the situation as they found it; and yet this young man, one of the brightest fellows I have met, was removed from the service because, he had given publicity to these outrageous conditions. 48  Congressional Record , Vol. -1806, Page  10731 (1912). The Act

5427-445: The primary purposes of the Act was to protect those who criticize superiors from official retribution. Senator La Follette gave the following example of an abuse sought to be cured by the bill: The cause for [the employee's] dismissal was that he gave publicity to the insanitary conditions existing in some part of the post-office building in Chicago where the clerks were required to perform their services. ... [H]e furnished some facts to

5508-542: The problems with the original act. By the time President Jimmy Carter took office in 1977, the Lloyd-LaFollette Act was perceived as entirely obsolete and forced the necessity of legislative reform. With the American public wary of the organization of government following Watergate and the OPEC embargo, Carter's time in office coincided with a period in which bureaucratic organization was open to "reexamination". Carter ran his campaign promising to "strengthen presidential control over federal services", and once in office created

5589-470: The process of protecting civil servants in the United States from unwarranted or abusive removal by codifying "just cause" standards previously embodied in presidential orders. It defines "just causes" as those that would promote the "efficiency of the service." August 24, 1912, § 6, 37  Stat.   555 , 5 U.S.C.   § 7511 The Act further states that "the right of employees ... to furnish information to either House of Congress, or to

5670-404: The provincial and territorial levels. In the United States, the federal civil service was established in 1871. The Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." ( 5 U.S.C.   § 2101 ). In the early 19th century, government jobs were held at

5751-418: The reform; The Reorganization Plan and the Civil Service Reform Act. The Reorganization Plan divided the Civil Service Commission (CSC) into the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB). Additionally, the Federal Labor Regulations Authority (FLRA) was created. The agency responsibilities are: In addition to the creation of new agencies, a new grade classification for

5832-702: The right to organize and the right to present grievances to Congress, id., at 10671-10677, 10728-10733, 10792-10804, the committee offered and the Senate approved a compromise amendment to the House version, guaranteeing both rights at least in part, which was subsequently enacted into law. Id., at 10804; 37 Stat. 555. In 1997, the Justice Department argued that Congress does not have a constitutional right to obtain information from civil servants through unauthorized disclosures. Based on its analysis of disclosure laws and its stance on separation of powers, Justice argued that Congress cannot vest "in executive branch employees

5913-551: The stultifying effect of this on the Chinese civil service had contributed in no small measure to China's failure to develop its early lead over Western civilisations': Coolican, p. 107. In 1853 the Chancellor of the Exchequer William Gladstone , commissioned Sir Stafford Northcote and Charles Trevelyan to look into the operation and organisation of the Civil Service. Influenced by the Chinese imperial examinations,

5994-451: Was accompanied by a more specific guarantee that membership in any independent association of postal employees seeking improvements in wages, hours, and working conditions, or the presentation to Congress of any grievance, "shall not constitute or be cause for reduction in rank or compensation or removal of such person or groups of persons from said service." Footnote 23. H.R.Rep. No. 388, 62d Cong., 2d Sess. 7 (1912). Footnote 24. Members of

6075-472: Was believed by the committee that to recognize the right of the individual employee to go over the head of his superior and go to Members of Congress on matters appertaining to his own particular grievances, or for his own selfish interest, would be detrimental to the service itself; that it would absolutely destroy the discipline necessary for good service." 48 Cong.Rec. 10676 (1912). This view did not prevail. After extended discussion in floor debate concerning

6156-490: Was ideally suited to literary candidates. Thus, toward the end of the Ming Dynasty, the system attracted the candidature of Tang Xianzu (1550–1616). Tang at 14 passed the imperial examination at the county level; and at 21, he did so at the provincial level; but not until he was 34 did he pass at the national level. However, he had already become a well-known poet at age 12, and among other things he went on to such distinction as

6237-584: Was introduced as Her Majesty's Civil Service . A Civil Service Commission was also set up in 1855 to oversee open recruitment and end patronage, and most of the other Northcote–Trevelyan recommendations were implemented over some years. The same model, the Imperial Civil Service , was implemented in British India from 1858, after the demise of the East India Company 's rule in India through

6318-432: Was later placed in the Civil Service Reform Act of 1978 and codified in 5 U.S.C.   § 7211 . The purpose of this Act was to allow Congress to obtain uncensored, essential information from federal employees. Congress intended to allow the federal workers direct access to Congress in order to register complaints about conduct by their supervisors and to report corruption or incompetence. In Arnett v. Kennedy

6399-595: Was one of the largest reforms in Federal personnel regulations since the Pendleton Civil Service Reform Act of 1883 and is one of the Carter Administration's major domestic achievements. However, the long lasting effects and the legacy of the CSRA are widely disputed. Some claim that the CSRA has accomplished virtually nothing. Others claim that the CSRA has accomplished quite a bit. On one side of

6480-470: Was that of the Chinese government'. The Roman empire (27 BC – AD 395) had several types of civil servants who fulfilled diverse functions in Roman society. They were called apparitores . Accensi were usually professional civil servants, providing assistance to the elected magistrates during their term in office. In the courts, they summoned witnesses, kept track of time, and helped keep order. Outside of

6561-581: Was thus the first federal law enacted specifically to protect whistleblowers . The history and scope of the Act was further described by the Supreme Court of the United States in Bush v. Lucas , 462 U.S. 367, 103 S.Ct. 2404 (1983). Congressional attention to the problem of politically-motivated removals was again prompted by the issuance of Executive Orders by Presidents Roosevelt and Taft that forbade federal employees to communicate directly with Congress without

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