Law Summary
1. Overview
This document outlines the amendment to the Civil Service Act through Act No. 47, enacted on November 12, 1900. The amendment specifically extends civil service benefits to certain individuals serving in military capacities.
2. Amendment to the Civil Service Act
Legal Principle/Provision: Section 30 is added to the Civil Service Act, providing specific benefits to individuals detailed from the military or naval service of the United States who are performing executive duties.
Key Definitions Introduced:
- Civil Servant: An individual who, upon honorable discharge from military service, is recognized as a civil servant holding the position they have been performing.
- Executive Positions: Positions described in Section 5 of the Civil Service Act that are subject to this amendment.
Important Requirements or Procedures Outlined:
- Individuals must be performing duties of executive positions as indicated in Section 5 at the time the Civil Service Board certifies an eligible list to the Military Governor and the Commission.
- The transition to civil servant status occurs upon the individual receiving an honorable discharge.
Relevant Timeframes, Deadlines, or Expiration Details:
- The amendment takes effect immediately upon its passage (November 12, 1900).
Penalties, Liabilities, or Consequences Mentioned: None specified within the text.
3. Competitive Examination Exemption
Legal Principle/Provision: The amendment grants immunity from competitive examination for the individuals transitioning to civil service status.
Key Definitions Introduced:
- Competitive Examination: A process typically required for civil service positions, from which these individuals are exempt.
Important Requirements or Procedures Outlined:
- Individuals are subject to the same immunity from competitive examination as certain civilian employees, as defined in Section 22 of the Civil Service Act, which includes a proviso.
Relevant Timeframes, Deadlines, or Expiration Details: None specified within the text.
Penalties, Liabilities, or Consequences Mentioned: None specified within the text.
4. Provisions of Section 22
Legal Principle/Provision: The amendment references Section 22 of the Civil Service Act, which provides certain exemptions to civilian employees.
Key Definitions Introduced:
- Proviso: A conditional clause that may affect the application of this exemption.
Important Requirements or Procedures Outlined:
- The application of the exemption is subject to the conditions set forth in Section 22.
Relevant Timeframes, Deadlines, or Expiration Details: None specified within the text.
Penalties, Liabilities, or Consequences Mentioned: None specified within the text.
Key Takeaways
- Act No. 47 amends the Civil Service Act by introducing Section 30, which allows military personnel detailed to civil positions to automatically transition to civil service status upon honorable discharge.
- The amendment grants these individuals immunity from the competitive examination process, aligning their benefits with specific civilian exemptions.
- The law took effect immediately upon enactment, with no specified penalties or liabilities associated with the amendment.