1006.4. The following rules are stated for guidance of officers of the Engineer Department in effecting assignments under 1006.3 above:

(a) In determining whether an assignment of the character referred to may be made, consideration must be given to the logical line of advancement in the case under consideration. For example, assuming the absence of a requirement for college education for employment in certain inspectional positions (inspector, dredging; inspector, general construction; or inspector, R. H. & W. C.), the steps in reaching the inspector grade normally would be rodman and chainman, or subsurveyman, which are interchangeable so far as civil-service requirements are concerned, to surveyman, to assistant inspector, to inspector.

(b) When permanent changes or changes of indefinite tenure are contemplated in the assignments of employees, steps should be taken at once to change the designation accordingly, in line with civil-service procedure and as provided in paragraph 1017 of these regulations. The proposed new designation should be appropriate to the duties to which the employee will devote the major portion of his time in the new assignment.

(c) Positions which are essentially field positions and those which are essentially office positions shall not be considered as interchangeable and employees of the field group are not to be assigned to office duties, or vice versa, except as required in making computations or compiling field notes, or performing drafting work, all clearly incidental to completed survey work. Similarly, employees of noneducational grades are not to be assigned to professional engineering duties except incidentally and/or intermittently as emergency or exigency of the service may demand. Such assignments in either case are to be controlled by the 25percent limitation (or limitation of 3 months in any 1 year).

(d) The foregoing instructions apply to classified employees only. As provided in paragraph 1003.3 of these regulations, employees serving in unclassified positions may not be assigned to classified duties. If it should be desired to assign laborers to classified duties for short periods, a classified laborer register should be established, or selections for appointment to the position of laborer should be made from the register for rodman or chainman or other appropriate list, with due notice to the appointee of the laboring duties to be performed.

(e) Any district engineer in doubt as to the application of the above rules to any individual case should consult with the Civil Service District Manager to insure that no action in violation of civil-service rules is taken.

1006.5. Employment of aliens.-(a) The civil-service rules provide that no person shall be admitted to examination unless he be a citizen of or owe allegiance to the United States. The rules provide, however, that when an examination has been announced to fill a vacancy and there is a lack of eligibles who are citizens, the Commission may, in its discretion, examine persons who are not citizens, but that they shall not be certified for appointment so long as citizens are available.

(b) It is the policy of the Department that aliens shall not be employed in any position under the Department, either in the classified civil service or in the group of unclassified positions, so long as citizens are available. In reduction in force, preference in retention shall be accorded to citizens of the United States over any aliens who may be employed.

1007. AUTHORITIES REQUIRED FOR THE EMPLOYMENT OF PERSONNEL

1007.1. The authorities required for the employment of personnel consist of: (a) Authority for the establishment or continuance of the personnel organization.

(b) Authority for the appointment of individual employees.

1007.2. In the Engineer Department the authority of the Chief of Engineers shall be obtained for the establishment of the organization necessary for the execution of any work and for all positions except the following:

(a) Noneducational positions allocated below grade 2 (d) of the Subprofessional service.

(b) Noneducational positions allocated below grade 4 (d) of the Custodial service.

(c) Noneducational positions not subject to classification and with total salary at a rate below $1,560 per annum.

(d) Noneducational positions and unclassified positions, the compensation of which is fixed at a daily or hourly rate which is regulated by local rates for the same or similar services.

1007.3. District Engineers and other employing officers are authorized to engage employees in groups (a)–(d) of paragraph 1007.2, in such numbers as in their judgment are necessary for the efficient prosecution of the work under their charge.

1007.4. The authority referred to in paragraph 1007.1 (b) is governed by the following quoted statute, as well as by the requirements of the Civil Service Act of 1883:

"Statutory authority for appointments.—The following War Department Circular (H), dated June 27, 1930, quotes the statutory authority for appointments in the various departments and for delegation by the head of each department of the appointing power. The circular states the extent to which the appointing power is delegated to officers of the Engineer Department, while the rules governing the exercise of this power in appointments to various groups of positions are contained in subsequent paragraphs of these regulations:

CIRCULAR

WAR DEPARTMENT, Washington, June 27, 1980.

The following act was approved by the President, June 26, 1930: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 169 of the Revised Statutes, as amended (U. S. C., title 5, sec. 43), is amended to read as follows:

""There is authorized to be employed in each executive department, independent establishment, and the municipal government of the District of Columbia, for services in the District of Columbia or elsewhere, such number of employees of the various classes recognized by the Classification Act of 1923, as amended (U. S. C., title 5, ch. 13), as may be appropriated for by Congress from year to year: Provided, That the head of any department or independent establishment may delegate to subordinates, under such regulations as he may prescribe, the power to employ such persons for duty in the field services of his department or establishment.'

"The act of May 22, 1926 (44 Stat. 620), is hereby repealed."

In pursuance of the foregoing act authority is hereby granted to chiefs of bureaus and services and to supervisory officials in the field to make appointments of civilian employees in the field services subject to the requirement that compensation rates shall correspond, so far as may be practicable, to the rates established by the Classification Act of 1923, as amended.

The foregoing delegated authority is limited to, and is to be exercised in accordance with, the Department's civil-service regulations and established practices affecting field employees.

PATRICK J. HURLEY,
Secretary of War. o

1007.5. Rules governing issuance of instruments of appointment.-Instrument of appointment or confirmation of probational appointment will be issued by the Secretary of War for employees of the following groups:

(a) All educational employees.

(b) All noneducational employees appointed at rates in excess of $2,600 per annum.

In appointments to all other positions, instrument of appointment shall be issued by the District Engineer, or where formal instrument of appointment is not issued, an employment agreement will be made between the employee and the District Engineer as representative of the Department.

1007.6. Legal appointment necessary to compensation.-Civil Service Rule XV is as follows:

"For the proper supervision and enforcement of its functions, the Commission shall, if it finds that any person has been appointed to or is holding any position, whether by original appointment, promotion, assignment, transfer, or reinstatement, in violation of the Civil Service Act or of the rules promulgated in accordance therewith, or in violation of any Executive order or any regulations of the Commission, or that any employee subject to such act, rules, orders, or regulations is taking active part in political management or political campaign, after notice to the person affected and opportunity for explanation, certify the facts to the proper appointing officer with specific recommendation for discipline or dismissal; and such appointing officer shall carry out the recommendation. In the event of any continued violation for 10 days after such recommendation, the Commission shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or allow the salary or wages of such person thereafter accruing."

Salary may not be paid for any service after date of receipt of notice from the Civil Service Commission of the irregularity of appointment (decision of the Comptroller General, of April 15, 1937, 16 C. G. 924).

1007.7. Employment obtained by fraud.-Employment obtained by fraudulent misrepresentation and deceit confers no enforceable right to compensation that has not yet been paid, although said employee may be permitted as a de facto employee to retain such payments as may have been made to him. Unpaid compensation need not be withheld from an employee dismissed because of a misrepresentation such as would render the appointment or contract of employment voidable only (decision C. G. January 7, 1936, 15 C. G. 587, and February 19, 1937, 6 C. G. 775).

1008. AUTHORITY FOR EMPLOYMENTS

1008.1. Control to be exercised by the Chief of Engineers.-The Chief of Engineers will exercise control over organizations in the field through examination and review of organization charts, and action on annual requests for authority to employ.

1008.2. Organization charts.-Each Division and District Engineer shall submit semiannually to the Office of the Chief of Engineers, an organization chart showing the division or district office organization. The chart shall show the name, designation, grade, and annual salary of each major division and subsection head; the total number of other educational employees in each subsection, and the total amount of the annual salaries of the subsection.

The charts shall be submitted as of January 1 and July 1 of each year. In any case in which no change has occurred during the 6 months following the submission of a chart, a statement to this effect will be sufficient and a new chart need not be submitted; if any change has occurred in the organization, a revised chart shall be submitted.

The original chart shall be prepared in the division or district office con cerned, on sheets 16 by 20 inches; photostatic copies then shall be made, the

charts to be reduced one-half in the photostating process and to be trimmed 8% by 10 inches, thus leaving a %-inch binding margin on the top of the chart. The 10-inch side shall be the top of the chart.

1008.3. Request for authority to employ. The authority of the Chief of Engineers for the establishment or continuance of personnel organizations, as required by paragraph 1007.2 of these regulations, will be requested annually by each District Engineer or other employing officer. Annual request for authority to employ shall be submitted on Engineer Department Form 31.

(a) Serial numbers.-The positions shown on the authority will be numbered consecutively, and the numbers entered under the column headed "Serial No.".. This serial number shall be cited on pay rolls and in correspondence, when necessary, to identify the position.

(b) -Designations.-Positions shall be arranged on the Form 31 in the order in which they are given in paragraph 1002 of these regulations. The designations used must be those authorized in paragraph 1002. These designations shall not be changed without the authority of the Secretary of War and the Civil Service Commission and shall be used without change on all reports of employment and on payrolls. Where modifying adjectives have been included in the designations authorized for particular positions or for particular individuals, these adjectives shall be included in the designations shown on the request for authority.

(c) Grade or salary range.-The grade of each position allocated to a Classification Act grade shall be entered under column 3; if the position is not subject to allocation but is of the class authorized by salary range, the appropriate salary range shall be entered under column 3.

(d) Salary rates. The total salary rate of each educational employee, and of each noneducational employee receiving a rate of $2,600 per annum or more, shall be shown on an annual basis under column 4 and the rate to be paid, after deductions made for allowances, shall be shown on a monthly basis under column 5 of Form 31..

(e) Allowances. In the event subsistence is furnished either intermittently or throughout the year, the letter "S" shall be entered under column 6; the letter "Q" shall be entered if quarters are furnished, and the reasonable value shall be given.

(f) Names of employees.—(1) Form.-The name of each employee shown on the authority shall include one given name in full, additional initial, if any, and surname in full.,

(2) Cases in which required. The names of educational employees and the names of all noneducational employees with compensation in excess of $2,600 per annum shall be given in column 8 of Form 31, and the authority will apply: to the person named and not to the position itself. When the name of the employee to fill the position is not known, provisional authority may be requested for the position.

(g) Character and place of service. Definite information shall be given under column 7 as to the location of employment. If in a suboffice, the town or city in which located shall be stated.

·(h) Information required to identify position on expiring authority.-The information required under columns 9-11 is necessary for the identification of the position when request on Form 31 is compared with the annual authority for employments for the preceding fiscal year. In the case of those positions not previously authorized, the words, "new position" will be entered in the space under columns 9-11.

1008.4. Method of authorization.-(a) Positions to be shown on the authority fall into three general classes:

(1) Those of educational grade.

(2) Those of noneducational grade at rates in excess of $2,600 per annum. (3) Those of noneducational grade at rates of $2,600 per annum or less. Inasmuch as the rates of compensation of employees in groups (1) and (2) above must be fixed by the Secretary of War in accordance with Paragraph 015.1 (b) (1) of these regulations, the exact rates authorized for employees of these classes whose names are shown on the request for authority shall be entered under column 4.

(b) Authority for employments in positions of group (3) above shall be requested as follows:

For positions of this class in the subprofessional service, by the appropriate SP grade, from grade SP-2 (d) ($1,440-$1,620) to grade SP-6 ($2,000 to $2,600) and SP-7 (d) ($2,300 to $2,600).

For positions of this class in the custodial service, by the appropriate custodial grade, from grade CU-4 (d) ($1,500-$1,680) to grade CU-8 ($2,000-$2,600) and CU-9 (d) ($2,300-$2,600), inclusive.

For positions of this class normally assignable to salary ranges, by the appropriate salary range.

For positions of this class not allocable to a Classification Act grade and not assignable to a salary range, by the maximum salary rate which it is proposed to pay in the position.

(c) When positions of noneducational grade at rates not in excess of $2,600 per annum have been authorized by Classification Act grade or by salary range, probational appointment to the position must be made at the entrance rate of the grade or salary range authorized, and changes in pay of employees who have completed the probationary period may be made by the District Engineer to any one of the standard rates of the grade or salary range authorized. In no case shall an employee be paid at a rate in excess of the maximum rate of the grade authorized, nor shall the position be given a higher grading except upon prior authority of the Chief of Engineers.

(d) When positions of noneducational grade at rates not in excess of $2,600 per annum have been authorized at one salary rate only, no increase above that rate may be made without the prior authority of the Chief of Engineers.

1008.5. Approval and disposition of Form 31.-The annual request for authority for employments will be returned to the submitting office by indorsement of the Chief of Engineers, indicating approval, with such modifications as may have been determined to be necessary or desirable. Such copies as may be needed for the records of the submitting office and for file with pay rolls will be made in the submitting office, and the approved request, or authority for employments for the fiscal year concerned, will be returned to the Chief of Engineers for file.

1008.6. Changes in the authority for employments.-After the general authority for the fiscal year has been granted, subsequent requests will not be submitted on Form 31. Any changes desired in existing authorities during the fiscal year shall be requested by letter. Upon receipt of letter requesting authority for a new position, if the position be authorized, a serial number of existing authority will be assigned in the Office of the Chief of Engineers, and the name of the appointee entered on the general authority as soon as reported. 1008.7. Manner of filling vacancies.-(a) When a vacancy occurs in a noneducational position carrying a salary of more than $2,600 per annum, such