ing disclosure of his political or religious opinions or affiliations shall be considered or filed by the Commission or by any officer concerned in making appointments or promotions.* [E.O. 209, Mar. 20, 1903]

REGULATIONS UNDER CIVIL SERVICE RULE I

1.101 Political activity. Section 1.1 shall be construed as applying to national, State, county, and municipal politics, and to the activities of any political party, by whatever designation it may be known. Each appointee to the classified civil service shall, upon entering on duty, sign a statement that he will familiarize himself with and observe the rules and laws relating to political activity. No employee in the classified service shall be granted leave of absence for the purpose of working for a political committee or organization, or of becoming a candidate for an elective office with the understanding that he will resign his classified position if nominated or elected. No employee in the classified civil service of the United States shall solicit, collect, receive, or otherwise handle or disburse political contributions. A classified employee shall not serve in any position of election officer unless the failure or refusal to do so would be penalized by the election laws of the State.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

1.102 Concurrent employment in Federal and other Government agencies. From and after the 4th day of March, A. D. 1873 (except as herein specified) persons holding any Federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any State or Territorial government, or under the charter or ordinances of any municipal corporation; and further, the acceptance or continued holding of any such State, Territorial, or municipal office, whether elective or by appointment, by any person holding civil office as aforesaid under the Government of the United States, other than judicial offices under the Constitution of the United States, will be deemed a vacation of the Federal office held by such person, and will be taken to be and will be treated as a resignation by such Federal officer of his commission or appointment in the service of the United States.

The offices of justices of the peace, of notaries public and of commissioners to take the acknowledgment of deeds, of bail, or to administer oaths shall not be deemed within the purview of this order and are excepted from its operation and may be held by Federal officers. The appointment of deputy marshals of the United States may be conferred upon sheriffs, or deputy sheriffs. And deputy postmasters, the emoluments of whose office do not exceed $600 per annum, are also excepted from the operation of this order, and may accept and hold appointments under State, Territorial or municipal authority, provided the same be found not to interfere with the discharge of their duties as postmaster. Heads of departments and other officers of the Government who have the appointment of subordinate officers are required to take notice of this section, and to see

*For statutory citation, see note to § 1.1.

Page 3

to the enforcement of its provisions and terms, within the sphere of their respective departments or offices, and as relates to the several persons holding appointments under them, respectively. (R.S. 1753; 5 U.S.C. 631) [E.O. 9, Jan. 17, 1873]

1.103 Interpretation of, and exemptions from, Executive order of Jan. 17, 1873 (§ 1.102). Inquiries having been made from various quarters as to the application of § 1.102 relating to the holding of State or municipal offices by persons holding civil offices under the Federal Government, the President directs the following reply to be made:

It has been asked whether the order prohibits a Federal officer from holding also the office of an alderman or of a common councilman in a city, or of a town councilman of a town or village, or of appointments under city, town, or village governments. By some it has been suggested that there may be distinction made in case the office be with or without salary or compensation. The city or town offices of the description referred to, by whatever names they may be locally known, whether held by election or by appointment, and whether with or without salary or compensation, are of the class which the Executive order intends not to be held by persons holding Federal offices.

It has been asked whether the order prohibits Federal officers from holding positions on boards of education, school committees, public libraries, religious or eleemosynary institutions incorporated or established or sustained by State or municipal authority. Positions and service on such boards or committees, and professorships in colleges, are not regarded as "offices" within the contemplation of the Executive order, but as employments or service in which all good citizens may be engaged without incompatibility, and in many cases without necessary interference with any position which they may hold under the Federal Government. Officers of the Federal Government may, therefore, engage in such service, provided the attention required by such employment does not interfere with the regular and efficient discharge of the duties of their office under the Federal Government. The head of the department under whom the Federal office is held will, in all cases, be the sole judge whether or not the employment does thus interfere.

The question has also been asked with regard to officers of the State militia. Congress having exercised the power conferred by the Constitution to provide for organizing the militia, which is liable to be called forth to be employed in the service of the United States, and is thus, in some sense, under the control of the General Government, and is moreover of the greatest value to the public, §1.102 is not considered as prohibiting Federal officers from being officers of the militia in the States and Territories.

It has been asked whether the order prohibits persons holding office under the Federal Government being members of local or municipal fire departments; also, whether it applies to mechanics employed by the day in the armories, arsenals, and navy yards, etc., of the United States. Unpaid service in local or municipal fire departments is not regarded as an office within the intent of § 1.102, and may be performed

Page 4

by Federal officers, provided it does not interfere with the regular and efficient discharge of the duties of the Federal office, of which the head of the department under which the office is held will, in each case, be the judge. Mechanics and laborers employed by the day in armories, arsenals, navy yards, etc., and master workmen and others who hold appointments from the Government or from any department whether for a fixed time or at the pleasure of the appointing power, are embraced within the operation of § 1.102. (R.S. 1753; 5 U.S.C. 631) [E.O., Jan. 28, 1873; E.O. 6259, Aug. 27, 1933]

1.104 Other exemptions from the operation of Executive order of Jan. 17, 1873, as amended-(a) Employees of the Department of Agriculture. Officers and employees of the Department of Agriculture are authorized to hold State and Territorial positions, and State and Territorial officials, unless prohibited by law, may be permitted to receive appointments under the Department of Agriculture, when, in either case the Secretary of Agriculture deems such employment necessary to secure a more efficient administration of the duties of his Department. [E.O. 661, June 26, 1907]

(b) Collectors of cotton statistics, Bureau of the Census. State and county officials may be appointed special agents under the Bureau of the Census for the collection of cotton statistics. [E.O. 1118, Aug. 4, 1909]

(c) Lighthouse Service; laborers. Laborers in charge of lights in the Lighthouse Service may hold positions under State, Territorial or municipal authority, if found not to interfere with their duties in the Lighthouse Service. [E.O. 2252, Oct. 6, 1915]

(d) Appointments in the Department of Commerce. Persons holding State, Territorial, or municipal positions may receive, unless prohibited by law, appointments under the Department of Commerce when the Secretary of that Department deems such employment necessary to secure a more efficient administration of the duties of his Department. [E.O. 5666, July 3, 1931]

(e) Employees of the Alaska Railroad. Employees of the Alaska Railroad, permanently residing in municipalities on the line of the railroad, may become candidates for and hold municipal office therein, provided such employment, in the judgment of the General Manager of the railroad, does not interfere with the regular and efficient discharge of the duties of their positions under the railroad. [E.O. 4527, Oct. 22, 1926]

(f) Employees of the Reclamation Service and of the National Park Service. Employees of the Reclamation Service and of the National Park Service, may accept, with the approval of the Secretary of the Interior, appointments as deputy State fish or game wardens, if no compensation is attached to the position, and if the duties do not interfere with, or are not inconsistent with, their duties in the Government service. [E.O. 1991, July 9, 1914]

(g) Employees of the National Park Service. Employees of the National Park Service may accept, with the approval of the Secretary of the Interior, appointments as deputy sheriffs under the laws of

Page 5 [411]

the States or Territories in which such employees may be on duty: Provided, That their services as such deputy sheriffs shall be without compensation and shall not in any manner interfere or conflict with the performance of their duties as employees of the National Park Service. [E.O. 7332, Apr. 3, 1936, 1 F. R. 121]

(h) Medical officers, Indian Service. Officers and employees of the Indian Service, Department of the Interior, serving in a medical or sanitary capacity, either on a part-time or full-time basis, may hold, with the consent of the Secretary of the Interior, State, county, or municipal positions of a similar character: Provided, That such services shall not in any manner interfere or conflict with the performance of their duties as officers or employees of the Indian Service: And provided further, That there shall be no additional compensation when the Federal officer or employee is carried on a full-time basis. [E.O. 7369, May 13, 1936, 1 F.R. 405]

(i) Grazing districts. Any State, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, may serve as a district advisor under the Act of June 28, 1934, as amended, at a per diem salary for intermittent duty, when in the opinion of the Secretary of the Interior such services are required in the interest of grazing on the public lands. [E.O. 7636, June 17, 1937, 2 F.R. 1053]

(j) Cooperative employees. Officers and employees of the Department of the Interior, upon approval of the Secretary of the Interior, may hold office under State, Territorial, and municipal governments engaged in cooperative and related work with the Department of the Interior, as authorized by Federal and State laws: Provided, That the services to be performed by them shall pertain to such work and shall not in any manner interfere or conflict with the performance of their duties as officers or employees of the Federal Government. State, Territorial and municipal officers or employees engaged in cooperative and related work with the Department of the Interior, unless prohibited by law, may accept appointment in and serve under the Department of the Interior when the Secretary of the Interior deems such employment necessary to secure a more efficient administration of the said work: Provided, That the appointment of any such officer or employee to a position subject to the civil service laws of the Department of the Interior shall be made in accordance with civil service laws, rules, and regulations. [E.O. 7796, Jan. 21, 1938, 3 F.R. 197]

(k) Special agents, Department of Labor. Persons holding State, Territorial, or municipal positions may be appointed as special agents when such action is deemed necessary by the Secretary of Labor to secure a more efficient administration of any law coming within the purview of the Department of Labor. [E.O. 3771, Jan. 2, 1923]

(1) Appointments in the Virgin Islands. Any officer or employee of the Municipality of St. Thomas and St. John or of the Municipality of St. Croix, Virgin Islands, may be appointed to and hold a position as immigration inspector for the Virgin Islands. [E.O. 7736, Nov. 6, 1937, 2 F.R. 2425]

Page 6

(m) Officers of the Public Health Service. Officers of the Public Health Service, upon recommendation of the Surgeon General of the Public Health Service, and the approval of the Secretary of the Treasury, may hold office in State, Territorial, or local health organizations, in order to cooperate with and aid State, Territorial, or local health departments; and State, Territorial, or local health officials or employees, unless prohibited by law, may hold office in the Public Health Service when the Surgeon General and the Secretary of the Treasury deem such employment necessary to secure a more efficient administration of the duties imposed upon the Public Health Service. [E.O. 5700, Aug. 31, 1931]

(n) Employees of the Veterans' Administration. Officers and employees of the U. S. Veterans' Administration serving in a medical capacity and on a part-time basis, may, with the consent of the Administrator, hold State, county or municipal positions in which they are employed in a medical capacity. Officers and employees of the U. S. Veterans' Administration may, with the consent of the Administrator, accept appointments under State, county or municipal authority, as deputy sheriffs. [E.O. 4059, Aug. 6, 1924]

(0) Employees of navy yards, arsenals, and military establishments. Whenever in the opinion of the Secretary of the Navy or the Secretary of War a strict enforcement of the provisions of § 1.1 would influence the result of a local election the issue of which materially affects the local welfare of the Government employees in the vicinity of any navy yard or station or of any arsenal or other military establishment, the Civil Service Commission may permit, on recommendation of the Secretary of the Navy or the Secretary of War, and after such investigation as it may deem necessary, the active participation of the employees of the yard, station, arsenal or other military establishment in such local election. In the exercise of the privilege which may be conferred hereunder, persons affected must not neglect their official duties nor cause public scandal by their activity. [E.O. 3158, Aug. 27, 1919]

(p) Moderators of town meetings. The temporary office of moderator of a town meeting and offices of a like character are excepted from the operation of § 1.102. [E.O. 1583, Aug. 24, 1912]

(q) Offices under municipalities of the Virgin Islands. Membership in the Colonial Council of the Municipality of St. Thomas and St. John, or in the Colonial Council of the Municipality of St. Croix, Virgin Islands, being unremunerative positions, shall not be deemed disqualification for employment in the Federal service of the Virgin Islands, notwithstanding § 1.102, provided it does not interfere with the efficient discharge of the duties of the Federal position, of which the head of the Department under which the position is held will be the judge. [E.O. 6051, Feb. 27, 1933]

(r) Municipalities adjacent to the District of Columbia. Employees of the executive civil service permanently residing in the following incorporated municipalities adjacent to the District of Columbia will not be prohibited from becoming candidates for or holding municipal office in such corporations:

Page 7