be effected as a result of certification, the District Engineer should first make request for certification for probational appointment and make selection from the certificate furnished, if possible. When the District Engineer finds there is no eligible available, or if the eligible selected declines or fails to accept, he may make a temporary appointment outside the register for such period as may be necessary to effect probational appointment. Such temporary appointment, whether made from a register or outside a register, shall not extend more than 30 days beyond the receipt by the district engineer of a certificate of eligibles for probational appointment. All temporary appointments of this nature must be reported at once to the District Manager or the local secretary. (e) Temporary appointment pending action on reinstatement, transfer, or promotion.-Local secretaries are not empowered to authorize temporary appointment pending action on the reinstatement, transfer, or promotion of a particular individual without the prior approval of the District Manager. In emergency cases, District Managers are empowered to authorize temporary appointments of this kind for a period not exceeding 30 days, but the rules of the Commission require that in all such cases information regarding the eligibility of the person proposed for appointment be secured at once by the District Manager from the central office of the Commission. The rules of the Commission also require that when such a temporary appointment is authorized by the District Manager, the official request for the reinstatement, transfer, or promotion shall be forwarded at once by the District Engineer to the Chief of Engineers with all necessary forms, and that the department will forward the request to the Commission within 10 days after the temporary employee enters on duty.

(f) Temporary appointment pending establishment of register.-On the specific authority of the District Manager, temporary appointment to a position for which there are no eligibles may be made on condition that the person so appointed makes application for the examination when announced, but such appointment shall continue only for such period as may be necessary to make probational appointment through certification and in no case shall it continue more than 30 days beyond the receipt by the nominating or appointing officer of the certificate of eligibles, unless the prior approval of the District Manager has been secured. Secretaries of local rating boards may act for the Commission in approving temporary appointment to local board positions, under these conditions, if authorized to do so by the District Manager.

(g) Temporary appointment from register pending full certification.-When there are at least one but not more than two eligibles on the register for the position in which a vacancy exists, the district manager or the local secretary will certify upon requisition from the District Engineer the name of the one eligible, or the names of the two eligibles, to be considered by the nominating or appointing officer for probational appointment. If the District Engineer chooses not to make probational appointment from a certificate containing fewer than three names and a temporary appointment is required, the temporary appointment should be made from such certificate unless reasons satisfactory to the District Manager or the local secretary are given as to why such appointment may not be made. Such temporary appointment may be continued until three eligibles are provided. If selection is not made from the certificate for either probational or temporary appointment in accordance with the provisions of this paragraph, temporary appointment, if necessary, may be made in accordance with paragraph (f) above.

(h) Temporary appointment for job employment.-When work is of such a temporary character that at the completion of it the services of an additional employee will not be required, a temporary appointment may be made with

the prior consent of the district manager or the local secretary for a period not to exceed 3 months. Such temporary appointment should be made from the eligible register in accordance with paragraph (b) above. If the District Engineer should be advised by a District Manager or local secretary upon receipt of his request for eligibles that there is no eligible available, he may make temporary appointment outside the register for a period not to exceed 3 months. The nomination must show all pertinent information, as indicated in paragraph (a) above and should be forwarded promptly to the District Manager or the local secretary.

All requests for temporary job appointments must show fully and explicitly the duties to be performed and the actual or probable duration of employment. (i) Proof of qualification for temporary appointment-Pending establishment of register.-Proof of qualifications is required for appointments under section 2 of Civil Service Rule VIII in all cases except where the employing officer certifies that he is unable to secure a person with the requisite qualifications. The temporary appointee should be required to file application on the form regularly used in connection with examinations for positions of the type to which temporary appointment is being made. The result will be that an application from the temporary appointee will be on file when an examination is announced, and he will not be required to file two applications in connection with the same employment. In order that the temporary appointee filing the application form may receive full credit for temporary service rendered prior to the closing date of the examination subsequently announced, there should be a notation on the application showing, for the information of the rating examiners, that the applicant is employed temporarily in the position for which the examination is announced. (j) Job employment.—Before granting authority for temporary job employment in a temporary position requiring a definite amount of training or experience, the District Manager or the local secretary may require proof that the person proposed for appointment meets the requirements of the position.

1013.4. Extension of temporary appointment.-All extensions of temporary appointment made under paragraph 1013.3 require the prior approval of the District Manager, except that secretaries of rating boards are authorized to grant certain extensions in the case of positions filled by certification from registers which they maintain. Prior approval of the Commission is required for extension of any temporary appointment beyond a period of 7 months and in any case in which such extension is desired, the facts should be reported promptly to the district manager in order that he may present the case to the Civil Service Commission well in advance of the date from which extension will be needed. Extension of a temporary job appointment can be authorized only for the purpose of completing the job of work for which a person was originally employed. District Engineers should submit their requests for necessary extensions in any case at least 15 days before the expiration date, and in requesting such an extension they should certify that the extension is necessary for the completion of the particular work for which original appointment was made, and should give definite assurance that no further extension will be requested.

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1013.5. Reports to Chief of Engineers of temporary employments in positions under the district system. The report by letter of temporary employments in all positions of educational grade filled from registers of the civil-service district managers should be addressed to the Chief of Engineers through the District Manager and should be accompanied by job sheet on Form C. P. D. 8-1931. 1013.6. Reports to Chief of Engineers of temporary employments in positions of noneducational grade.-Temporary appointments to positions of noneducational grade shall be reported only in the reports of emergency and temporary

employees, except when made to positions with rates of compensation in excess of $2,600 per annum, when they shall be reported to the Chief of Engineers by letter. This report shall be accompanied by job sheet on Form C. P. D. S-1931.

1013.7. Temporary employments in certain noneducational grades on seasonal work. When temporary employments of a seasonal nature only are desired in positions listed under Group D (3) (b)-3 (f)) and Group E (a), (b), (c), and (e) of paragraph 1002.4 of these regulations, and the positions cannot be filled by appointment from civil-service registers, because of the absence of suitably qualified eligibles, such employments may be made without the prior approval of the Civil Service Commission or its district managers. Such temporary employments may continue for a period not to exceed 6 months during one working season, whether or not eligibles in the meantime become available for certification. In the event an employee so employed temporarily has not qualified for permanent appointment by the close of the 6 months' period, his service shall be terminated immediately, unless prior authority for his continued temporary employment has been obtained from the civil-service district manager. Such temporary employments shall be reported in the reports of emergency and temporary employees, with notation in column of remarks to show that employment is on seasonal work. When employments of this character are made at rates in excess of $2,600 per annum they shall be reported to the Chief of Engineers by letter through the District Manager for confirmation by the Secretary of War. report shall be accompanied by job sheet on Form C. P. D. 8–1931.

Such

1013.8. Change to permanent appointment.-The acceptance by an eligible of a temporary appointment in no way affects his standing on any register for permanent appointment, and experience gained as a temporary appointee may in no way vary the order of certification for permanent appointment. A temporary appointment may be changed to a permanent appointment when the temporary appointee is within reach for permanent appointment at the time of his temporary appointment or in case he is so within reach during his temporary service. In such case the probational appointment may date from the time when he became within reach for probational appointment. (See sec. 5, Civil Service Rule VIII.)

1014. OATH OF OFFICE

1014.1. Wording of oath of office.-The wording of the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, which is prescribed in the act of May 13, 1884. 5 U. S. C. 16 (Sec. 1757, Revised Statutes), is as follows:

"1,

(Name in full)

do solemnly swear (or affirm) that I will

support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. SO HELP ME GOD."

1014.2. Officers who may administer.—(a) This oath of office may be taken before any officer who is authorized either by the laws of the United States or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered (act, August 6, 1861; 5 U. S. C. 18, Sec. 1758, Revised Statutes).

(b) The chief clerks of the several executive departments and of the various bureaus and offices thereof in Washington, D. C., are authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion (act, August 29, 1890; 5 U. S. C. 19, sec. 1759, Revised Statutes).

1014.3. Disposition.-The oath of office shall be retained in the permanent records of the department concerned (act, July 2, 1862; 5 U. S. C. 21).

1014.4. Cases in which oath is required.—In accordance with the act of Congress approved August 14, 1937, oath of office shall be required in the following

cases:

(a) Upon probational appointment of a civilian employee to a position of educational grade.

(b) Upon transfer of a civilian employee of either educational or noneducational grade from another Government department or independent establishment. (c) Upon reinstatement of a civilian employee.

(d) Upon appointment, under the provisions of Schedule A or B, Civil Service Rules, to positions of educational grade.

(e) Upon appointment without reference to Civil Service Rules to positions of educational grade on emergency rolls at Classification Act rates.

(f) In any case in which instrument of appointment provides for taking of oath of office (6 Comp. Dec. 41).

(g) In cases of permanent appointment following temporary employment, whether or not oath was taken in connection with the temporary employment and whether or not a break occurs between the date of termination of temporary employment and the date of entrance on duty under the classified employment. (Termination of a temporary employment followed by an appointment in classified status, whether by probational appointment, reinstatement, or otherwise, is not considered as a "change in status," as that expression is used in the act of August 14, 1937.)

(h) Upon promotion or change in status from a position in which oath was not required to a position in which appointment is made or confirmed by the head of the Department, or in case of promotion or change in status for which the authority of the head of the Department is required.

1014.5. Oath of office shall not be required in the following cases:

(a) Upon promotion, demotion, or change in designation of a classified employee who took the required oath at time of appointment, transfer, or reinstatement in the Engineer Department, and who has not been absolutely separated from the service since subscribing to such oath of office.

(b) Upon transfer from one district of the Engineer Department to another. (c) Upon reemployment from furlough or lay-off without pay.

1014.6. The Comptroller General has held that where employees are not required to be appointed by the head of the department, and it has been found administratively impracticable to require the oath of office, evidence of the taking of the oath will not be required by his office (decision of October 4, 1934 (14 C. G. 279)). Under this decision, oaths are not required in the case of appointments in the Engineer Department in the following cases:

(a) Appointments in classified status to positions of noneducational grade where the rate of pay is $2,600 per annum or less.

(b) Employees serving in temporary status in classified positions under civil service rules in noneducational grades at rates of $2,600 per annum or less. (c) Employees appointed as cooks and cooks' helpers under the provisions of paragraph 13, Subdivision I, Schedule A, Civil Service Rules.

In cases covered by (a), (b), and (c), above, information should be furnished on the pay roll of the date of appointment or employment, and of entrance upon duty.

1014.7. Oath of office to be administered without charge. No officer, clerk, or employee of any executive department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or compen238342-40--4

sation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein (August 29, 1890, c. 820, 26 Stat. 371).

1015. DETERMINATION OF RATES OF COMPENSATION

1015.1. Rules governing the establishment of rates of pay.-(a) The following instructions, or principles where definite instructions do not apply, shall govern the fixing of the compensation of employees of the Engineer Department at large:

(1) General instructions issued by the Secretary of War and Chief of Engineers applying the provisions of the Classification Act of 1923 and acts amendatory thereto to positions of the Department comparable to those covered by the acts;

(2) Instructions of the Chief of Engineers to the various Division Engineers for certain positions on seagoing or pipe-line dredges; compensation for similar positions on new dredges to be properly proportioned by the Chief of Engineers, upon the recommendation of the Division Engineers, to the scale shown in these instructions;

(3) For skilled and unskilled labor and all others not included in (1) and (2) herein, the rates will not exceed the prevailing rates of the locality for the same or similar services.

(b) The officers in whom authority to fix rates in individual cases is vested are summarized below.

(1) Secretary of War: Establishment of exact rates of pay for all educational employees and for all noneducational employees receiving rates of pay in excess of $2,600 per annum;

(2) Chief of Engineers: Authorization by salary grade of the appropriate service of all noneducational positions with rates on annual basis at $1,440 per annum in the subprofessional grades, and at $1,500 per annum in the custodial grades and not exceeding $2,600 per annum; authorization by salary range or by salary rate of the compensation of all noneducational employees whose positions are not subject to allocation and whose rates of pay are at rates of $1,560 per annum or more and not in excess of $2,600 per annum.

(3) District Engineers or other employing officers: Establishment of exact rates within the salary grade of the appropriate service or within the salary range authorized by the Chief of Engineers in the manner provided in (2) above for noneducational employees on monthly or annual basis.

(b) Establishment of rates of pay for all noneducational employees of the subprofessional grades employed on annual basis with rates less than $1,440 per annum, and of the custodial grades at rates less than $1,500 per annum, and of all noneducational employees at per diem rates when the rates do not exceed the prevailing local rates for the same or similar services; establishment of rates of noneducational employees not subject to classification whose rates of pay are on an annual basis at less than $1,560 per annum, or at hourly rates. 1015.2. Minimum rate only to be paid in new appointments. Where a position subject to allocation is filled by probational appointment or by promotion from lower grade involving increase in salary, the minimum salary rate of the grade must be paid. Appointments by reinstatement to positions subject to allocation also must be at the minimum salary of the grade except that when the employee is reinstated to the grade held by him under previous Government service, the reinstatement may be effected at the rate of that grade formerly paid. Employees may be transferred from a position in one grade to a vacant position within the same grade at the same rate of compensation.