(i) The name and title of the official taking the closing action; (j) A statement as to whether or not the complainant has appealed the closing action to the Commission, when known; and (k) As attachments to the report, a copy of the complaint, a description of any additional allegations of discrimination made during the investigation or hearing, and a copy of the agency's notice of final action on the complaint. § 713.232 Reporting status of com plaints on hand to the Commission. Within 15 calendar days of the close of each month each agency shall report to the Commission the following information: (a) The number of complaints on hand at the beginning of the month; (b) The number of complaints received during the month; (c) The number of complaints closed during the month, whether the complaint was closed because of a rejection or cancellation of the complaint or a decision on the complaint; (d) The number of complaints on hand at the close of the month; and (e) A brief description of the status of each complaint on hand at the close of the month which had been in process in the agency for over 60 calendar days when no hearing is requested or 90 calendar days when a hearing is requested (including for each such complaint, the name of the complainant, the number of days in process, the stage of processing reached by the complaint, a description of any special factors contributing to a delay in processing the complaint, and an estimate as to the date of closing action). Subpart C-Minority Group ice and to the employees in these positions. (b) This subpart does not apply to aliens employed outside the limits of the United States. § 713.302 Agency systems. (a) Each agency shall establish a system which provides statistical employment information by race or national origin. (b) Data shall be collected only by visual survey and only in the form of gross statistics. An agency shall not collect or maintain any record of the race or national origin of individual employees. (c) Each system is subject to the following controls: (1) Only those categories of race and national origin prescribed by the Commission may be used; (2) Only the specific procedures for the collection and maintenance of data that are prescribed or approved by the Commission may be used; (3) The Commission shall review the operation of the agency system to insure adherence to Commission procedures and requirements. An agency may make an exception to the prescribed procedures and requirements only with the advance written approval of the Commission. (d) The agency may use the data only in studies and analyses which contribute affirmatively to achieving the objectives of the equal employment opportunity program. An agency shall not establish a quota for the employment of persons on the basis of race or national origin. 203 (e) An agency shall report to the Commission on employment by race and national origin in the form and at such times as the Commission may require. [32 F.R. 11847, Aug. 17, 1967] Subpart D-Equal Opportunity Without Regard to Politics, Marital Status, or Physical Handicap 1 § 713.401 Equal opportunity without regard to politics, marital status, or physical handicap. (a) In appointments and position changes. In determining the merit and fitness of a person for competitive appointment or appointment by noncompetitive action to a position in the competitive service, an appointing officer shall not discriminate on the basis of 132 F.R. 15631, Nov. 10, 1967. the person's political affiliations, except when required by statute, or marital status, nor shall he discriminate on the basis of a physical handicap with respect to any position the duties of which may be efficiently performed by a person with the physical handicap. (b) In adverse actions and terminations of probationers. An agency may not take an adverse action against an employee covered by Part 752 of this chapter, nor effect the termination of a probationer under Part 315 of this chapter, (1) for political reasons, except when required by statute, (2) that is based on discrimination because of marital status, or (3) for physical handicap with respect to any position the duties of which may be efficiently performed by a person with the physical handicap. (c) Intentional false statement or deception or fraud in examination or appointment; (d) Refusal to furnish testimony as required by § 5.3 of this chapter; (e) Habitual use of intoxicating beverages to excess; (f) Reasonable doubt as to the loyalty of the person involved to the Government of the United States; or (g) Any legal or other disqualification which makes the individual unfit for the service. (5 U.S.C. 7352) Subpart C-Suitability Rating Actions § 731.301 Jurisdiction. (a) Appointments subject to investigation. (1) In order to establish an appointee's qualifications and suitability for employment in the competitive service, every appointment to a position in the competitive service is subject to investigation by the Commission, except: (i) Promotion; (ii) Demotion; (iii) Reassignment; (iv) Conversion from career-conditional to career tenure; (v) Appointment, or conversion to an appointment, made by an agency of an employee of that agency who has been serving continuously with that agency for at least one year in one or more positions in the competitive service under an appointment subject to investigation; (vi) Reinstatement effected within one year from the date of separation from Federal civilian employment or from honorable separation from military service, provided the one-year, subject-toinvestigation period applied to previous appointment has expired; and (vii) Transfer, provided the one-year, subject-to-investigation period applied to the previous appointment has expired. the (2) Appointments are subject to investigation to continue the Commission's jurisdiction to investigate the qualifications and suitability of an applicant after appointment and to authorize the Commission to require removal when it finds the appointee is disqualified for Federal employment. The subject-toinvestigation condition may not be construed as requiring an employee to serve a new probationary or trial period or as extending the probationary or trial period of an employee. (b) Duration of condition. The subject-to-investigation condition expires automatically at the end of 1 year after the effective date of appointment, except in a case involving intentional false statement or deception or fraud in examination or appointment. [28 F.R. 10081, Sept. 14, 1963, as amended at 30 F.R. 12661, Oct. 5, 1965] § 731.302 Actions against employees by the Commission. (a) For a period of 1 year after the effective date of an appointment subject to investigation under, § 731.301, the Commission may instruct an agency to remove an appointee when it finds that he is not qualified or is unsuitable for any of the reasons cited in § 731.201. Part 754 of this chapter does not apply to this action. (b) Thereafter, the Commission may require the removal of an employee on the basis of intentional false statement or deception or fraud in examination or appointment. Part 754 of this chapter applies to this action. (c) An action to remove an appointee or employee taken pursuant to an instruction by the Commission is not subject to Part 752 of this chapter. Part 752 of this chapter applies when removal or other disciplinary action covered by that part is initiated by an agency. [30 F.R. 11847, Sept. 16, 1965]`. When a person is disqualified for any reason named in § 731.201, the Commission, in its discretion, may deny that person examination for and appointment to a competitive position for a period of not more than 3 years from the date of determination of disqualification. On expiration of the period of debarment, the person who has been debarred may not be appointed to any position in the competitive service until his fitness for appointment has been redetermined by the Commission. Subpart D-Appeals and Reemployment Eligibility § 731.401 Reemployment eligibility of certain former Federal employees. (a) Request for suitability determination. When an employee has been removed by an agency on charges (other than security or loyalty) or has resigned on learning the agency planned to prefer charges, or while charges were pending, the former employee may request the Commission to determine his eligibility for further employment in the competitive service, insofar as his suitability and fitness are concerned. The Commission shall consider the request only if the former employee: (1) Has completed any required probationary period; (2) Has basic eligibility for reinstatement; and, (3) Includes a sworn statement with the request which sets forth fully and in detail the facts surrounding his removal or resignation. (b) Action by Commission. (1) After appropriate consideration, including such investigation as the Commission considers necessary, the Commission shall inform the former employee whether it has found him suitable for further employment in the competitive service. (2) If the former employee is found unsuitable and has had an opportunity to comment on the reasons for this finding, or has furnished them to the Commission, it may cancel his reinstatement eligibility if that eligibility resulted from his last Federal employment and was obtained through fraud. In addition, the Commission may prescribe a period of debarment from the competitive service not to exceed 3 years. (c) Time limits for submitting requests. The Commission may consider a case under this section only if it is submitted to the Commission within 6 months after the date of separation, or 60 calendar days after the date of the last adverse decision as a result of an appeal, whichever is later. The Commission may extend this time limit on a showing by the former employee that circumstances beyond his control prevented him from filing his request within the prescribed period. (5 U.S.C. 7301, E.O. 11222; 3 CFR, 1964-1965 Comp.) [28 F.R. 10081, Sept. 14, 1963, as amended at 32 F.R. 16476, Dec. 1, 1967] resigned while suspended or while charges were pending, from a department or agency of the Government under a statute or executive order authorizing termination in the interest of national security, in the interest of the United States, or on grounds relating to loyalty, and authorizing the Commission to determine his eligibility for employment in another department or agency of the Government, may request the Commission in writing to determine whether he is eligible for employment in another department or agency of the Government. (b) Action by the Commission. (1) The Commission shall determine, and will notify the former employee, after appropriate consideration of his case, including such investigation as it considers necessary, whether he may be employed in another department or agency of the Government. (2) If a former Federal employee found unsuitable under this section has had an opportunity to comment on the reasons for the action, or has furnished them to the Commission or to his former employing agency, the Commission may also cancel his reinstatement eligibility if the eligibility resulted from his last Federal employment and was obtained through fraud, or the Commission may prescribe a period of debarment from the competitive service, not to exceed 3 years, or both. (5 U.S.C. 3301, 3302, 3571, 5594, 7312, 7532, 50 U.S.C. 403, E.O. 10450; 3 CFR, 1949-1953 Comp., E.O. 10577; 3 CFR, 1954-1958 Comp.) [28 F.R. 10082, Sept. 14, 1963, as amended at 29 F.R. 15076, Nov. 7, 1964] 206 AUTHORITY: The provisions of this Part 733 issued under 5 U.S.C. 1308, 3301, 3302, 7324, 7325, 7327, 42 U.S.C. 2717, E.O. 10577; 3 CFR, 1954-1958 Comp. SOURCE: The provisions of this Part 733 appear at 30 F.R. 1931, Feb. 11, 1965, unless otherwise noted. Subpart A-General Provisions § 733.101 Purpose. The purpose of this part is to provide the procedures to be followed in determining whether an officer, employee, or enrollee who is subject to: (a) Section 9 of the Hatch Political Activities Act (53 Stat. 1148; 5 U.S.C. 1181), referred to in this part as the Act, has engaged in political activities prohibited by that section; (b) Civil Service Rule IV (Part 4 of this chapter), referred to in this part as the rule, has engaged in political acivities prohibited by the rule; or (c) Section 107 of the Economic Opportunity Act of 1964 (78 Stat. 511) has engaged in political discrimination or political activities prohibited by that section. § 733.102 Penalties. (a) A person violating section 9 of the Act shall be removed from the position or Title 5-Chapter I office held by him; however, if the Commission finds by unanimous vote that the violation does not warrant removal, a lesser penalty shall be imposed by the Commission, but in no case may the penalty be less than 30 days' suspension. (b) The penalties for violation of the rule are imposed in accordance with the Act. (c) The penalties for violation of section 107 of the Economic Opportunity Act of 1964 are discipline or dismissal or other corrective action as may be determined by the Commission. (d) An agency may not employ a person removed for violation of the Act in a position or office the salary or compensation of which is payable under the same appropriation as the position or office from which the person was removed. In addition, when it is found that an officer or employee has engaged in political discrimination or prohibited political activity, the Commission may consider the matter from a suitability standpoint and establish a definite period during which the officer or employee is debarred from employment in the competitive service. (e) An officer, employee, or enrollee suspended under this part for violation of the Act or section 107 of the Economic Opportunity Act of 1964 is not eligible for employment in another position or office subject to section 9 of the Act or section 107 of the Economic Opportunity Act of 1964 during the period of his suspension. Subpart B-[Reserved] Subpart C-Privileged Localities § 733.301 Grant of privilege to residents of certain localities. (a) Under section 16 of the Act the Commission has excepted employee residents of certain municipalities and political subdivisions from the prohibitions of section 9 of the Act, subject to the following conditions: (1) An employee shall not neglect his official duties or engage in nonlocal partisan political activities. (2) An employee shall not run for local office as a candidate representing a political party or become involved in political management in connection with the campaign of a party candidate for office. (3) An employee who is a candidate for local elective office shall run as an independent candidate. 207 § 733.301 (4) An employee elected or appointed to an elective local office requiring fulltime service shall resign his position that is subject to section 9 of the Act. If an employee is elected or appointed to an elective local office requiring only parttime service, he may accept and hold that office without relinquishing his position that is subject to section 9 of the Act if the holding of the part-time office does not conflict or interfere with his duties in the position that is subject to section 9 of the Act. The agency in which the employee is employed is the sole judge of whether or not the holding of the parttime office conflicts or interferes with his duties in the position that is subject to section 9 of the Act. (5) The Commission may suspend or withdraw the exception granted employee residents of a particular municipality or political subdivision when the Commission considers that the activities resulting from the exception are or may become detrimental to the public interest or inimical to the proper enforcement of the Act and rule. (b) The exceptions referred to in paragraph (a) of this section are effective for employee residents in each municipality and political subdivision named in this paragraph, from and after the date specified. IN MARYLAND Annapolis (May 16, 1941). Bowie (Apr. 11, 1952). Brentwood (Sept. 26, 1940). Capitol Heights (Nov. 12, 1940). Cheverly (Dec. 18, 1940). Chevy Chase, sections 1 and 2 (Mar. 4, 1941). Chase (Feb. 13, 1941). Chevy Chase View (Feb. 26, 1941). |