preclude the Commission and the agency concerned, as part of the full consideration of an individual's case, from developing the circumstances relative to arrests and taking them into consideration in determining suitability for Federal employment. This is a reasonable and necessary part of a suitability determination as the circumstances surrounding some arrests have a genuine bearing on the individual's fitness regardless of the absence of a criminal conviction. For example, some arrested persons are not brought to trial because of the disappearance of witnesses or an unwillingness on the part of those concerned to prosecute. What has been done by the deletion of the arrest inquiry is to allow the unconvicted individual the very real and worthwhile opportunity to have his application considered on an equal basis with all others, while preserving for the Government the right to reject any truly unsuitable person when an evaluation of the facts surrounding an arrest justify that action. This is a fair balancing of the equities of all concerned.

Revision of Standard Form 57 and other application forms will take some time. The Commission and appointing officials immediately will be guided by the above requirements in their consideration of applications for employment.

The term "good risk" offenders probably can never be completely and inflexibly defined since it involves judgmental factors. However, certain guidelines may be suggested. Certainly any former offender who has successfully demonstrated his rehabilitation under the work release program authorized by the Prisoner Rehabilitation Act of 1965 (Public Law 89-176, 89th Congress), or has demonstrated his rehabilitation by good conduct while living in the community, would be considered a "good risk" offender. (The Commission has issued separate instructions under which the Federal Government as an employer will participate in this program. See FPM Letter Number 213-8 of April 12, 1966).

A person whose conviction has been set aside under the Federal Youth Corrections Act (which may be applied to persons under age 26 when convicted) or similar State authority need not list the conviction in response to Question 37 and would be considered a good risk for Federal employment, taking into account the duties and responsibilities of the job involved.

In cases of persons who have served terms for felony convictions in the past three years, request will be made of the warden of the appropriate penal or correctional institution for a complete report on the individual's background, his conduct during his prison term, and any special training he may have received during his prison term, together with a definite recommendation on whether he should be considered for Government employment in the position he seeks. If the applicant is or has been on probation or parole, similar information should be requested from the appropriate probation or parole officer. In determining suitability, these reports and recommendations as well as all other information contained in the file should be given careful attention in determining whether or not the offender is a “good risk" insofar as Federal employment is concerned. (As used here, a felony is defined as any crime for which the court has imposed a prison term exceeding one year and there has been some period of actual confinement under the sentence. The fact that a person is released on parole before the expiration of the term of a sentence will not affect the determination that the offense is a felony, provided the confinement and parole together exceed one year.)

The instructions contained in this letter supersede instructions on the subjectmatter now appearing in Federal Personnel Manual and other Commission issuances. The Federal Personnel Manual and other Commission issuances will be revised to bring them into accord with this letter as soon as possible. Meanwhile, it is essential that all appointing officials in your department or independent establishment be promptly advised of the contents of this letter and instructed to act in conformity with it in making decisions on persons with criminal records who are seeking employment in the Federal service. By direction of the Commission:

JOHN W. MACY, Jr., Chairman.

Inquiries: Bureau of Personnel Investigations 183-7205.
CSC Code: 731. Suitability.

Distribution: FPM (Advance Edition Limited).

NEW SCHEDULE A AUTHORITY TO FACILITATE EMPLOYMENT UNDER WORK RELEASE PROVISIONS OF THE PRISONER REHABILITATION ACT OF 1965

U.S. CIVIL SERVICE COMMISSION.
Washington, D.C., April 12, 1966.

FEDERAL PERSONNEL MANUAL SYSTEM

LETTER

FPM Letter No. 213-8.

Heads of Departments and Independent Establishments:

The Prisoner Rehabilitation Act of 1965, signed into law by President Johnson on September 10, 1965, provides for work furlough under which inmates of Federal penal and correctional institutions may be gainfully employed in nearby communities while continuing as a prisoner of the institution, provided that labor organizations are consulted; that there will be no displacement of employed workers, nor will such employment "be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality . . ."; and that rates of pay and other conditions of employment are not less than those prevailing locally. Any inmate who willfully absconds during work furlough shali be considered to have escaped from custody.

Policies and procedures established by the Bureau of Prisons, U.S. Department of Justice, provide that—

Detailed work release plans are to be developed at the local level by the Warden and his staff;

Only the Warden or Superintendent, upon recommendation of the Classification Committee (comprised of the associate warden (s) for custody and treatment, and representatives from the prison's case work services depart ment, educational department, and the medical and/or psychiatric department), is empowered to admit an inmate to work release status and to remove him;

Work release will not be authorized for offenders identified with large scale, organized criminal activity or inmates serving sentences for violent crimes; nor for inmates with serious emotional or personality defects and those with histories of violent or assaultive behavior; nor for those not in good health; nor for others whose presence in the community is likely to evoke adverse public reaction toward the inmate or the government;

Work release may be considered to aid the physically and mentally handicapped;

Work release shall ordinarily be limited to approximately the six months immediately proceding release or parole eligibility; however, when used to complement institutional training programs or to provide prisoner income, work release may be for longer periods of time;

Work release jobs are not restricted as to kind, but preference will be given to those jobs which are related to an inmate's prior work experience or institutional training, or are suitable for continuing postrelease employment; and

Work release jobs will not necessarily be restricted as to location as appropriate confinement facilities (e.g., prerelease guidance centers) may be established wherever justified and needed geographically to facilitate work release employment.

A total of 38 Federal correctional facilities, varying from "maximum security” penitentiaries to "minimum custody" guidance centers, are expected to have ap proved work release plans and active placements. Participating facilities include 6 penitentiaries, 8 correctional institutions (including one with a women's division), 4 juvenile and youth institutions. 5 reformatories (includng one for women). 7 camps, 1 medical center, and 7 prerelease guidance centers.

As of March 8, 1966, a total of 37 local work release plans had been approved. and 407 prisoners were actively participating in work release. Jobs varied from laborer, car washer, cook, etc., to dental laboratory technician trainee, quality control inspector, and utility estimator in a city engineer's office. Most jobs were of the semi-skilled, blue collar type with a few clerical types also included. A total of 5 women were working as office machine operators, domestics, or sewing machine operators.

The Federal Government has not yet participated as an employer in the work release program. In view of President Johnson's call to "intensify our crime revention and crime fighting at all levels of government", and the growing emergence of the Federal Government as a responsible participating employer in programs directed at national problems of social need, agencies are urged to cooperate with personnel of the Federal Bureau of Prisons in meeting the objecives of this program.

The Commission has established the following new Schedule A Authority to facilitate employment under the work release provisions of the Prisoner Rehabilitation Act of 1965:

"Section 213,3102(x). Subject to prior approval of the Commission, positions for which a local recruiting shortage exists when filled by inmates of Federal penal and correctional institutions under work release programs authorized by the Prisoner Rehabilitation Act of 1965. Initial appointments under this authority may not exceed one year. An initial appointment may be extended for one or more periods not to exceed one additional year each with the prior approval of the Commission upon a finding that the inmate is still in a work release status and that a local recruiting shortage still exists. No person may serve under this authority longer than one year beyond the date he is released from custody. "NOTE: The Commission has delegated to its regional offices and to the Bureau of Recruiting and Examining authority to approve appointments and extensions requiring prior approval under this provision. A regional director or the Director, Bureau of Recruiting and Examining, may authorize an agency to make initial appointments over a period of time without individual authorization whenever he is satisfied that the conditions for approval will continue to exist during that period. Otherwise, all such appointments shall be individually authorized. Extensions, however, shall be individually authorized in all cases."

This type of appointing authority should provide for “local” management of work release programs through direct negotiation and agreement between the warden and the local Federal appointing officer; and should also facilitate continuing employment opportunity for selected offenders immediately upon and after release from custody. These two objectives are basic to the prisoner work release

program.

Each Federal agency desirous of participating as an employer in the work release program must get prior approval of the kinds of positions to be filled from the Commission office having examining jurisdiction. The request for prior approval should identify the condition of the existing register(s) of eligibles for the positions involved, the number of vacancies anticipated, and the nature of the recruiting efforts which have been made. A copy of the working agreement reached with the correctional institution should also be submitted to the Commission. Appointing authority to fill the kinds of positions approved will be granted subject to whatever time limitation is considered necessary because of the local recruiting situation.

When Commission approval as to kinds of positions and appointment authorization has been received, excepted appointments of prisoner workers may be made for not to exceed one year without additional Commission approval, subject to all regular excepted appointing requirements. It is expected that appointing officials in their discretion will make full use of the judgments and determinations made by institutional officials during the process of selecting prisoners for work release status.

Prior approval of the Commission office having examining jurisdiction is required on an individual basis in the event it is desired to extend the excepted appointment for up to an additional year. Commission approval will be based upon submission of satisfactory evidence that a local recruiting shortage still exists and the prisoner is still in a work release status.

To permit continuing employment of the prisoner after release from custody, the excepted appointment effected or extended prior to release may continue in effect for not more than one year after release from custody. This continuation provision will thus provide a period of "trial employment" upon which to base suitability and other necessary determinations for later appointment consideration under regular competitive examining procedures.

It is expected that after release from custody and while still in an employed situation, convicted offenders will apply for competitive appointment under regular examining procedures and competitive suitability standards. The extent to which such later competitive selection is successful, of course, depends to a large

degree on the care taken initially in selecting the prisoner for work release, on the qualification and suitability determinations made by the appointing official in the initial excepted appointment, and on the extent to which the offender evidences rehabilitation during his period of excepted employment.

By direction of the Commission:

NICHOLAS J. OGANOVIC,

Executive Director.

Inquiries: Regional Offices or the Office of Program Management, Bureau of Recruiting and Examining, Code 183, Extension 7248.

CSC Code 213 The Excepted Service.

Distribution: FPM (Advance copy limited).

[From the Federal Register, Feb. 25, 1947]

EXECUTIVE ORDER 9830

AMENDING THE CIVIL SERVICE RULES AND PROVIDING FOR FEDERAL PERSONNEL ADMINISTRATION

By virtue of the authority vested in me by the Constitution, by section 1753 of the Revised Statutes (5 U.S.C. 631), by the Civil Service Act of January 16, 1883 (22 Stat. 403), and as President of the United States, it is hereby ordered as follows, effective May 1, 1947:

PART I ORGANIZATION FOR PERSONNEL ADMINISTRATION

Organization for personnel administration in the executive branch of the Federal Government is hereby prescribed as follows:

$ 01.1 Responsibility for personnel management. Personnel management is a primary responsibility of all who plan, direct, or supervise the work of Federal employees. Personnel management methods should be consistent for the Government as a single employer and yet be sufficiently flexible to meet the diversified conditions in the Federal service.

§ 01.2 Civil Service Commission responsibilities under this order. (a) The Commission shall be responsible to the President for the proper application of the Civil Service Act and Rules, the Veterans' Preference Act, and all other applicable statutes and Executive orders imposing responsibilities on the Commission. (b) The Commission shall exercise and provide leadership in personnel matters throughout the Federal service, and in the discharge of this responsibility shall, whenever practicable, consult Federal agencies.

(c) The Commission shall develop and promulgate standards, applicable to the competitive service and designed to protect and promote its efficiency, for the reinstatement or reemployment of former Federal employees, and for the promotion, demotion, reassignment, and transfer of present employees. The Commission shall also define the restoration rights of persons who left the Federal service to enter the armed forces of the United States in such a manner as to give full effect to section 8 of the Selective Training and Service Act.

(d) The Commission shall prescribe procedures to be followed by agencies in connection with removals, demotions, and suspensions in the competitive service which will insure equitable and uniform treatment to employees against whom adverse action is proposed.

(e) The Commission shall, when consistent with law and with the economical and efficient administration of the Government, delegate to the agencies its authority to act in personnel matters in accordance with standards issued by the Commission.

(f) The Commission shall maintain an adequate system of inspection to determine that equitable and sound application of statutes, Executive orders, regulations and standards relating to personnel management is being carried out by the agencies. Whenever the inspection indicates failure on the part of an agency to adhere to established policies, regulations and standards, the Commission shall take such action as may be appropriate to bring about adherence thereto. In this connection, the Commission may suspend or revoke any delegation of its authority.

(g) The Commission shall in the exercise of its personnel functions give all racticable assistance to international organizations in which the United States participates, to the Puerto Rico civil service board, and to such Federal, Terriorial, State, or local agencies as shall request its cooperation and offer like coperation, including, when appropriate, the sharing of any necessary expenses. Inder such regulations as may be jointly agreed upon, the Commission shall onduct or join with such agencies in conducting examinations or other perconnel functions. In its discretion, the Commission may certify eligibles from ppropriate registers maintained by the Puerto Rico civil service board, Federal r Territorial boards, or civil service boards of State and local agencies, if such oards agree, and the Commission finds that the requirements of law concerning appointments to the competitive service have been met. If such boards so desire, hey may, upon agreement with the Commission, certify eligibles from approriate registers maintained by the Commission.

$ 01.3 Agency responsibilities for personnel management. (a) The head of ach agency, in accordance with applicable statutes, Executive orders, and rules, hall be responsible for personnel management in his agency. To assist and advise him in carrying out this responsibility he shall maintain or establish such office or division of personnel as may be required. He shall designate a director of personnel or other similarly responsible official to be in charge of such office or division. Such director or other official shall represent the head of the agency n personnel matters, subject to his instructions.

(b) The head of each agency shall provide for the cooperation of his agency with the Civil Service Commission in the conduct of personnel matters.

(c) Authority for the conduct of personnel matters within each agency should e delegated to the extent compatible with provisions of law and with economical nd efficient administration to those officials responsible for planning, directing, nd supervising the work of others. The exercise of such delegated authority hall be subject to policies, rules, regulations and standards established by the ead of the agency, and shall be subject to appropriate review and inspection. (d) The head of each agency shall remove, demote, or reassign to another osition any employee in the competitive service whose conduct or capacity is uch that his removal, demotion, or reassignment will promote the efficiency of he service.

§ 01.4 Committees of expert examiners and boards of examiners. (a) In rder to promote the effective recruitment and placement of persons for the ederal service, the departmental and field service resources of the Federal gencies may be utilized to the extent permitted by law. After consulting the gency or agencies concerned, the Commission may establish in the departmental ervice committees of examiners, expert in their respective fields, for scientific, rofessional, or technical positions, and in the field service, boards of examiners or any position. If such a position is peculiar to an agency, the committee or oard shall be composed of not less than three qualified officers or employees of he agency concerned. If such a position exists in more than one agency, the ommittee or board shall be composed of not less than three qualified officers or mployees of the agencies concerned.

(b) The work of the committees or boards referred to in this section shall be nder the direction and supervision of the Commission in connection with the xecution of the Civil Service Act, Rules, and Regulations.

(c) The duties performed by the members of such committees or boards shall e considered part of their official duties and adequate time shall be allowed or their performance by the agency in which they are employed.

(d) Where qualified examiners are not readily available in the Federal serve, and to the extent permitted by law, the Commission or the agency concerned ay designate and compensate individuals outside the service especially qualified y experience and training to serve as examiners.

$ 01.5 Federal Personnel Council.

(a) The Council of Personnel Administraion shall hereafter be known as the Federal Personnel Council and shall be coninued within the Civil Service Commission.

(b) The membership of the Council shall consist of a chairman, the director f personnel or official responsible for personnel matters in each agency subect to the Civil Service Rules, one additional member designated by the Direcor of the Bureau of the Budget, and such additional member or members as he Commission shall designate.

(c) The Chairman of the Council shall be appointed by the Civil Service Com. ission after consultation with the Council and shall serve as a member of the taff of the Commission.