the classified service positions hereafter exempted by law from the provisions of the Civil Service Act, I see no objection to the provision in question. It seems to me that it might be desirable to eliminate the words "or may hereafter" from line 8, which words, in my opinion, would be inoperative to bind any succeeding Congress which may see fit to create new positions to be filled without regard to the civil-service laws and rules. I am strongly of the opinion that positions of a high executive and policy-forming character, such as, for example, heads and assistant heads of major departments and chiefs and assistant chiefs of major departmental units, should be filled without regard to the civil-service laws and rules by the selection of individuals who in the opinion of the Chief Executive or the head of the department possess the necessary education and. experience. In view of the relatively small number of so-called emergency positions in the Department of Commerce, I am not particularly concerned with the effect of section 3 of H. R. 2700. However, it is my understanding that positions in emergency agencies generally are regarded as being indefinite. Unless, therefore, the word "permanent" appearing in section 3 is given a different interpretation it would seem that employees in the service of emergency agencies would be covered into the classified service without examination while employees of the regular or permanent agencies would be compelled to submit to a competitive examination-an anomalous situation. I suggest that the language of section 3 be qualified. I feel that the interest of good administration would be better served by permitting employees who would be affected by section 3 to acquire a classified status by noncompetitive rather than competitive examinations. If this were done the Government would be enabled to avail itself of trained and experienced employees, notwithstanding the fact that their examination ratings might be slightly lower than the ratings of less desirable workers. Such an arrangement would also be more desirable from a financial standpoint since it would obviate the expense of conducting competitive examinations. However, I do not wish to be understood as favoring the idea of allowing employees who have failed to obtain an eligible rating in the first noncompetitive examination being given further opportunity to demonstrate their fitness. With the exceptions to which I have already referred, I am in hearty accord with the purpose of the bill. The CHAIRMAN. Can you give us the number of employees in the Department of Commerce outside of the civil service? Mr. GARDNER. We have at this time approximately 315 emergency or non-civil-service employees. The CHAIRMAN. Can you tell the committee whether or not in the employment of those people any test of fitness, was given or required? Mr. GARDNER. Every employee who applied for a position was required to submit a detailed statement setting forth his educational experience. In cases of stenographers and typists they were in many cases required to submit to a test, but I am not prepared to say that people selected for professional and scientific positions were required to submit to tests to determine their fitness. The CHAIRMAN. Was the veterans' preference law applied to the employment of this personnel? Mr. GARDNER. Yes; it was. The CHAIRMAN. Was the apportionment law observed in the selection of this personnel? Mr. GARDNER. It was, insofar as the interests of good administration would permit. The CHAIRMAN. What about section 213 of the Economy Act; was it applied? Mr. GARDNER. It was. Mr. MOSER. Since you represent the Department of Commerce, have you any knowledge of the book written by Ewing Y. Mitchell, .called "Kicked In and Kicked Out of the President's Little Cabinet"? Mr. GARDNER. I have seen it, but I have not read it. Mr. MOSER. Are you aware of the fact that it was sent out to at least every newly elected Member of Congress? I do not know whether the old Members of Congress received it. It was sent out gratuitously; are you aware of that fact? Mr. GARDNER. I do not know about that. Mr. MOSER. Are you aware of the fact that the book was followed by a letter intended to influence the judgment of Members of Congress? Mr. GARDNER. No. Mr. MOSER. What credence would you give to its strictures applying to the Department of Commerce? Mr. GARDNER. Speaking as an individual and without, of course, attempting to commit the departmental officials, I would be inclined to give very little credence to it. Mr. MOSER. Is that based upon your knowledge of the man? Mr. GARDNER. It is based upon my knowledge of the man and the statements which, I understand, he has made. Mr. MOSER. Are you to any degree familiar with the editorial that appeared in the New York Post and in Philadelphia newspapers assailing Secretary Roper? Mr. GARDNER. No; I am not. Mr. MOSER. It so happens that I myself gathered that data and submitted it to Mr. Roper, for whom I have for many years had a high regard. I did that as soon as it came to me. I was wondering what your reaction might be as an employee of the Department as compared to the Secretary to Mr. Mitchell's action and that inspired propaganda. I would like to know your slant on Mr. Mitchell and those who inspired the attack upon the Department of Com merce. Mr. GARDNER. To say the last, I feel it was very much unwarranted and unfair. I am speaking only in the capacity of a private individual, you understand. Mr. MAAS. Was there any probationary period for those employees who are on a temporary basis and not under civil service? Mr. GARDNER. Not strictly speaking, but it is my understanding that the conduct and the capacity of each was carefully observed during the early part of their service and if any person proved to be incompetent or unsuited he was removed. Mr. MAAS. Was there any definite, formal review of their work and qualifications at different times? Mr. GARDNER. I am not prepared to answer that definitely. The only thing I can say is that the work of each person was carefully observed. Whether the bureaus had any particular way of doing that at stated periods I am not prepared to say. Mr. MAAS. It was probably left to each individual section chief. Mr. GARDNER. It was probably left to each bureau head or a minor supervisory employee. The CHAIRMAN. If there are no further questions, we thank you very much for your statement, Mr. Gardner. It is now 12 o'clock, and the committee will recess until 10.30 o'clock tomorrow morning. We are sorry that we could not reach some of the witnesses who are here today, but we will hear them tomorrow. (Thereupon, at 12:05 p. m., Thursday, Feb. 18, 1937, the committee adjourned, to meet at 10:30 a. m., Friday, Feb. 19, 1937.) TO EXTEND THE CLASSIFIED CIVIL SERVICE TO POSITIONS IN EMERGENCY AGENCIES AND EXCEPTED POSITIONS IN OLDER BRANCHES OF THE GOVERNMENT FRIDAY, FEBRUARY 19, 1937 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE CIVIL SERVICE, Washington, D. C. The committee this day met at 10:30 a. m., Hon. Robert Ramspeck (chairman) presiding, for further consideration of H. R. 2700. STATEMENT OF WILLIAM D. BERGMAN, ADMINISTRATIVE ASSISTANT AND CHIEF CLERK, NAVY DEPARTMENT The CHAIRMAN. The committee will please come to order. The first witness this morning is Mr. William D. Bergman, Administrative Assistant and Chief Clerk of the Navy Department. Mr. BERGMAN. Mr. Chairman, I desire to preface any remarks I may make before your committee with the statement that the Navy Department is heartily in favor of the merit system in civil service. It is one of the important factors making for the efficiency of its civil force both in the Navy Department and its field service and of the high efficiency of the naval service as a whole. H. R. 2700 does not affect the Navy Department except slightly. While the Navy Department has a number of positions excepted from civil-service examinations, yet they are excepted under schedule A, rule 2, section 3, because it is impracticable to conduct examinations for the particular class of people involved. For instance, the Navy has a large number of native workmen employed at the navy yard at Cavite, Philippine Islands. There is another large group employed in kitchen and dining room work at naval hospitals, the Naval Home, and the Naval Academy. They are of the servant class. They come and go all the time, and it is therefore almost impossible to subject them to civil-service rules and regulations. They leave tonight and there are vacancies that must be filled at once tomorrow morning. The sick must be waited on and old folks in the Naval Home must be waited on-their meals must be served. With that class of employees we cannot brook the delay incident to putting into effect the civil-service procedure. We have another small group under schedule B, rule III, section 2, in the Philippine Islands, which group is made up of professional and supervisory employees. Those positions are filled as a result of noncompetitive examinations. We pick up suitable persons out there and give them noncompetitive examinations. The examinations for the clerical positions and the professional positions in the navy yard at Cavite are handled through the Philip 125 |