[104-10291-10014.pdf — page 177]
# APPOINTMENT AFFIDAVITSINFORMATION FOR APPOINTEENOTE.--Before he can be appointed, an applicant for a Federal position must meet certain requirements over and above the requirement that he be able to do the work he is compk yed to do. On the attached form you are to swear (or allium) Chat you meet these requirements. In addition, there are certain restrictions upon your conduct as a Federal employee. They are set forth on this sheet. You should familiarize yourself with these restrictions and be guided by them. Detach this portion of the fo m and retain it for your in- formation and guidance.I. INFORMATION ABOUT APPOINTMENTSFersons selected from competitive registers will receive either a temporary or a probational assentment,For persons receiving a probattonai appointment, the first year of servire la a probationary rend unless a shorter period is fixed for the position by the Cunt Service Commission. Satisfactory completion of probation is required for absolute appoint- ment.The completion of probation is required when a person who is reinstated or transferred has not previously completed a probationary period.Persona receiving probational appointments are included under the Civil Service Retirement Act.Appointments specifically limicot to 1 year or less are usually considered temporary appointments.For excepted appointmente, a trial period may be required at the discretion of the employing agency.II. MEMBERS-OF-FAMILY RESTRICTIONExcept for persone entitled to veteran preference, no person may be probationally appointed to a position in the competitive service if there are two or more members of his family already serving in the competitive artist under und probational or pe per. manent appointments, A fami'y is defined by the Attorney General as persons who live under the same roof with the head of the family and form part of his titeside. When they branch out and become heade of now establishments, they cease to be part of the old family, Minors do not establish another family merely by living at an address ditterent from that of their parents. An appointment is illegal of the appointee is dis- qualitied by the members-of-fanuly restriction.III. APPOINTMENTS ARK SUBJECT TO INVESTIGA- TIONAll probational appointments, reappointments, reinstate- ments, conversions to competitive appointments, pointments, Inter-agency transfers, and certain temporary appointments are "subject to investigation" for an I8 month During this period, the Civil Service Commission has authority to instruct an agency to separate an employee ter any of the reasons given below except that the Commisanom's authonty is not limited by the 18-month period in cases descubed under Items 4, 5, and 8 below. The condition "subject to investigation" expires auto- matically at the end of 18 months service unless an appeal on loyalty matters is pending. However, an employing agency may remove an employee for any of the reasons given below at any time.Any of the following reasons istitutes sufficient cause for the removal of un employee from the scivice:1.  Conduct of capacity of such a nature that removal will promote the eficiency of the servise2.  Physical or mental unitness for the position he holds.3.  Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.4.  Establishment of the fact that the employee has made in- tentional false statements or engaged in deception or fraud in examination or appointment.5.  Refusal to furnish testimony to the Civil Service Com. mission or its authorized representatives in regard to matters inquired of arising under the Cut Service Act, Rules, and Regulations.6.  Habitual use of Intoxicating beverages to excess.7.  Reasonable grounds catat for belief that the person in- volved is disloyal to the Government of the United States (see Section IV).8.  Any legal or other disqualification which makes the appli cant unfit for Federal employment.IV. SUBVENSIVE ACTIVITY AND AFFILIATIONSection 9A of Public Law 252, 76th Congress, approved August 2, 1989, otherwise known as the "Hatch Act," provides:"(1) It shall be unlawful for any person camployed in any capacity by any agency of the Federal Government, whose compensation, or any part thereof, is paid from funds author- ized or apprepnated by any act of Congress, to have member. ship in any political party or organization which advocates the overthrow of our constitutional form of government in the United States."(2) Any person violating the provisions of this section shall de immediately removed from the position of ottice held by him, and thereafter no part of the funds appropriated by any act of Congress for such position or office shall be used to pay the compensation of such person;"Executive Order 9835 of Mash 21, 1947, provides:"1. The standard for the refusal of employment or the removal from emp'or ment in an executive department or agency on grounds relating to loyalty shall be that, on all the evidence, reasonable grounds exist for belief that the person involved is disloyal to the Government of the United States."2. Activities and associations of an applicant or employee which may be considered in connection with the determination of disloyalty may include one or more of the following:'a. Sabotage, espionage, or attempts or preparations there- for, or knowingly associ associating with spica or saboteurs;b. Treaser sedition or advocacy thereof:'c. Advocacy of revolution or force or violence to alter the constitutional form of government of the United States;'d. Intentional, unauthorized disclosure to any person, under circumstances which may indicate disloyalty to the United States, of documents or information of a confidential or nonpublic character obtained by the peram making the disclosure as a result of his employment by the Government of the United States;e. Perforrung or attempting to perform his Gutirs, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United Stutes:7. Menabership in, affiliation with or svepathetic aSSO- ciation with any foreign or domestic organization, association, movement, group or combination of persons, designated by the Attorney General as totalitarian, Fascist, Communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or valence to deny other persons their rights under the Constitution of the United States, or as seeking to alter the form of government of the United States by unconstitutional means.The appointing officer will make available to you the list of organizations prescribed by the Attorney General upon your request.Various appropriation acts contain a provision prohibiting the use of appenated funds to pay the salary er wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by for or violence. These acts provide that an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence. These arts provide further that any verson who advocates, or who is a member of an organization that advocates, the overthrow of the Govern- ment of the United States by force or violence and accepts