27
Removals in Civil Service
(C ontinued from Page 17)
cases w here there is indication that
the rem oval procedure required by
law has been d ^ ^ H r d e d ^ In M assa
chusetts the law provides th at afmgmlj
ployee who has been removed and the
removal sustained by the civil service
commission m ay petition the district
court for a review. In New York, v et
erans are entitled to a court review on
the facts as well as on
The
Pennsylvania and Tennessee civil ser
vice laws provide th at the final de
cision shall not be review able by any
court.
The Open Back Door
At the beginning of its agitation for
nation-w ide observance of the m erit
system in governm ent hiring and fir
ing, the N ational Civil Service League
advoch’tedBfflg^ “wide open back door”
— a theory 'stated by the League’s first
President, George’ |w b f l^ ^ |C u r tis : “If
we keep the front door carefully
guarded, the back door will take care
ofCiftSM In other words, if the m erit
system is intelligently andW triR % $B B |
plied to entrance into the civil service,
an a ^ ^ ^ ^ ^ S i g e / *
reason to m ake rem ovals on political
grounds since he cannot fill the re su lt
ing vacancy except through m erit
the
Tires - Batteries
P ^ K ^ , which' heads of departm ents
in the Federal governm ent originally
had, to m ake removals w ith an entire
ly free hand, became so great, how
ever, th at the League modified its
l ^ ^ rtion to the extent of advocating
th at a departm ent head should state
reasons for a rem oval and give an em-
B Wee an opportunity to reply. This
rule was adopted by President M cKin
ley and embodied in the Lloyd-La-
Follette Act of 1912.
By 1939, when, in cooperation w ith
th e National M unicipal League, it
its Model State Civil Service
Law, the League had come to the con
clusion that it was in accordance with
democratic principles to perm it an ap-
peal to some outside body in a m atter
as serious as removal from the public
service. It therefore included in the
Model Law the prov| | l on — adopted
by several states — th at the central
personnel agency on appeal of the em -
ployee, be perm itted to investigate the
circum stances and reasons for the re-
moval and submit i t a l m d i n ^ ^ b the,
S m in istratiV e authority for his final
decision. For reasons of departm ental
m orale and discipline, it advocated
th at the, personnel agencyg ^ S a u t h ^ S
ized to certify the name of the dis
missed employee to another depart-
B S W w i t b eiiej& the rem oval un-
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