Legal Basis. On February 4, 1946, President Truman, by Executive Order 9691, further decentralized personnel administration to the departments and agencies. The order states: “In order to assure the maximum utilization, in the recruitment and placement of persons for the Federal service, of the field service resources of the departments and agencies, the Civil Service Commission, after consulting the departments and agencies concerned, may establish United States civil service boards of examiners in the field service, composed of officers and employees of the departments and agencies concerned.” Boards of examiners are not new. The Civil Service Act of 1883 directs the Commission, “where examinations are to take place,” to “designate and select a suitable number of persons, not less than three, in the official service of the United States, … after consulting the head of the department or office in which such persons serve, to be members of boards of examiners. …” The Commission “may at any time substitute any other person in said service … in the place of anyone so selected.” Civil Service Rule IV, promulgated by an earlier President in accordance with the basic act states: “The Commission shall designate from among persons in the Federal service … such boards of examiners as it shall deem necessary. Their members shall perform such duties as the Commission may direct, in connection with the execution of the Civil Service Act and these Rules, and in the performance thereof they shall be under the direct and sole control of the Commission. Such duties shall be considered part of the duties of the office in which they are serving, and time shall be allowed therefor during office hours.”
Judicial Review of Illinois Civil Service Commission Findings