QuestionsQuestions (MEMORANDUM ORDER NO. 89)
It authorizes (i.e., confirms) the Executive Secretary’s authority to grant or deny petitions for executive clemency that involve commutation or removal of administrative penalties/disabilities imposed on officials in the Executive Branch.
It emphasizes the President’s power of supervision and control over all executive departments; thus, the clemency covers administrative penalties imposed on Executive Branch officials.
It provides that in meritorious cases and upon recommendation of the Civil Service Commission, the President may commute or remove administrative penalties or disabilities imposed on officers or employees in disciplinary cases, subject to terms and conditions in the interest of service.
Because Section 53 requires, as a condition, that the Civil Service Commission recommend the case for executive clemency in meritorious cases.
“Meritorious cases” are a substantive threshold for the exercise of the President’s discretion to commute or remove administrative penalties under Section 53.
Any commutation/removal may be subject to terms and conditions the President may impose “in the interest of the service.”
It provides that the Executive Secretary shall exercise primary authority to sign papers by authority of the President (“By authority of the President”).
It confirms that, given the Executive Secretary’s authority to act/sign by authority of the President, the Executive Secretary may grant or deny petitions for executive clemency involving administrative penalties in the Executive Branch.
No. The President’s substantive power comes from the Administrative Code (Section 53). The Memorandum Order confirms/operationalizes the Executive Secretary’s authority to act on petitions in line with presidential authority.
Both. It authorizes the Executive Secretary to grant or deny petitions for executive clemency involving administrative penalties/disabilities.
Commutation or removal of administrative penalties/disabilities imposed upon officials in the Executive Branch.
Officials in the Executive Branch who have been subjected to administrative penalties or disabilities in disciplinary cases.
It took effect immediately upon adoption (February 27, 2003), as expressly stated in the Memorandum Order.
It indicates that the President is affirming/recognizing an existing delegated or signatory authority of the Executive Secretary to act for the President, rather than wholly creating a new clemency authority.
That the President retains plenary supervisory authority over the Executive Branch and that the Administrative Code provides both (i) the substantive clemency power and (ii) a framework for the Executive Secretary to sign/act by authority of the President.