NCJ Number
66523
Journal
SOUTHWESTERN SOCIAL SCIENCE QUARTERLY Volume: 15 Issue: 4 Dated: (MARCH 1935) Pages: 337-347
Date Published
1935
Length
11 pages
Annotation
TECHNIQUES FOR CIRCUMVENTING CIVIL SERVICE MERIT LAWS FOR POLITICAL ENDS ARE DESCRIBED.
Abstract
CIVIL SERVICE LAWS, BEGINNING WITH THE PASSAGE OF THE PENDLETON ACT BY CONGRESS IN 1883, HAVE CONSIDERABLY LIMITED THE PATRONAGE AVAILABLE TO POLITICAL ORGANIZATIONS IN MANY JURISDICTIONS. HOWEVER, CERTAIN COMMON PRACTICES WEAKEN THE EFFICACY OF ADMINISTRATING THESE LAWS. THE SCOPE OF MERIT LAWS CAN BE LIMITED TO EXCLUDE POLITICALLY STRATEGIC GOVERNMENT POSITIONS AND AGENCIES. TEMPORARY EMPLOYEES CAN BE APPOINTED TO FILL POSITIONS OTHERWISE SUBJECT TO EXAMINATION. LEGISLATION USUALLY PROVIDES THAT VACANCIES IN SUCH POSITIONS MAY BE FILLED FOR 30 TO 60 DAYS BY TEMPORARY EMPLOYEES, PENDING THE HOLDING OF AN EXAMINATION. BY FILLING COMPETITIVE POSITIONS WITH TEMPORARY EMPLOYEES AND REPEATLY RENEWING THESE APPOINTMENTS, MERIT LAWS ARE VIRTUALLY REQUIREMENT OF COMPETITIVE EXAMINATIONS PRIOR TO APPOINTMENT IS EVADED WHEN POLITICIANS CONTRACT WITH PRIVATE CITIZENS TO PERFORM THE WORK OF A COMPETITIVE POSITION. CIVIL SERVICE COMMISSION MEMBERS ARE ALSO SUBJECT TO POLITICAL APPOINTMENT IN MANY JURISDICTIONS, PAVING THE WAY FOR A BIASED ADMINISTRATION OF CIVIL SERVICE PROCEDURES. CONTROL OF APPROPRIATIONS FOR THE WORK OF A CIVIL SERVICE AGENCY MAY ALSO BE A MEANS FOR MITIGATING THE ENFORCEMENT OF MERIT LAWS. DEVIOUS MEANS CAN ALSO BE USED TO SELECT AND PROMOTE PERSONNEL IN A POLITICALLY BIASED WAY, WHILE PRESERVING THE APPEARANCE OF FOLLOWING COMPETITIVE PROCEDURES. EXAMPLES OF THE PAST USE OF SOME OF THESE