This report explains the interaction between the U.S. Constitution and adverse personnel actions in a merit-based civil service. It discusses the current civil service laws for adverse actions and the history behind their formation. It also addresses why the Constitution requires that any system to remove a public employee for cause must include: (1) an opportunity for the individual to know the charges and present a defense; and (2) the ability to appeal a removal decision before an impartial adjudicator. The report also contains an appendix that corrects some misperceptions people may have about how the current civil service operates.
Executive Summary i
Introduction 1
Chapter One: Development of Federal Employee Rights 3
The Spoils System 3
The Pendleton Act of 1883 5
The Lloyd-La Follette Act of 1912 5
The Veterans’ Preference Act of 1944 7
President Kennedy’s Executive Order in 1962 9
The Civil Service Reform Act of 1978 9
Chapter Two: Loudermill and Progeny 13
The Loudermill Case 13
Loudermill Applies to Federal Government 18
Loudermill and Suspensions 23
Chapter Three: The Statutory Procedures 27
Suspensions of 14 Days or Less 27
Suspensions of More than 14 Days, Demotions, and Removals 27
Chapter Four: Efforts to Modify the System 33
Government-Wide Modifications 33
Agency-Specific Modifications 36
Conclusion 39
Appendix A: Clearing up the Confusion 41
Appendix B: The Statutory Process Flowcharts
