Executive Order  No. 36: Placing employees of the state and local civil defense agencies (except directors) under the Civil Service Law and rules

WHEREAS, the Congress of the United States has enacted Public Law 85-606 authorizing contributions of Federal funds to states and their political subdivisions for Civil Defense personnel and administrative expenses, provided, that positions in state and municipal Civil Defense organizations be placed under a personnel merit system; and

WHEREAS, it was the sense of Congress in authorizing such contributions that the defense of the United States, in this thermonuclear age, could best be accomplished by enacting into law such measure and that it was the policy and intent of Congress thereby to assist in providing a system of Civil Defense for the protection of life and property in the United States from attack; and

WHEREAS, the President of the United States, acting through the Office of Civil Defense Mobilization in the Executive Office of the President, as provided in presidential Executive Order No. 10773, issued July 1, 1958, has offered to the Commonwealth from funds appropriated by the Congress for such purpose, the sum of approximately two hundred thousand dollars as a contribution to Civil Defense personnel and administrative expenses of the Common- wealth and its political subdivisions for the balance of the Fiscal Year ending June 30, 1961; and

WHEREAS, it is a term of said offer, as required by said Public Law 85-606, that positions in the Civil Defense organizations of the Commonwealth and its political subdivisions be placed (with specific exceptions) under a merit system on or before January 1, 1961; and

WHEREAS, failure to place positions in the division of Civil Defense and in the local organizations for civil defense under Civil Service by January 1, 1961, will cause a loss to the Commonwealth and its political subdivisions of approximately two hundred thousand dollars in Federal contributions that would otherwise be available; and

WHEREAS, although legislation putting positions in Civil Defense organizations under Civil Service will be before the 1961 Session of the General Court, action thereon will necessarily come after January 1, 1961; and

WHEREAS, it is therefore necessary and expedient that the Governor, by Executive Order and subject to legislative action as hereinafter provided, take action to prevent such loss; and

WHEREAS, the Governor of the Commonwealth is authorized under Stat. 1950, Chapter 639, as amended, section 15, to accept an offer of funds by the Federal Government and to authorize an officer of the Commonwealth to receive such funds subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer; and

WHEREAS, the Governor of the Commonwealth is authorized by Sections 4 and 6 of said Chapter 639 to cooperate with the Federal Government in all matters pertaining to Civil Defense and to take measures which the Governor may deem proper to carry into effect any request of the President of the United States for action looking to the national defense or the public safety:

NOW, THEREFORE, I, Foster Furcolo, Governor of the Commonwealth, acting under Stat. 1950, Chapter 639, as amended, and in particular Sections 4, 6, 7, 8A and 20 thereof, and all other authority hereunto enabling, do hereby issue this order as a necessary preparatory step in advance of actual disaster and as measure of cooperation with the Government of the United States in matters pertaining to the Civil Defense of the Commonwealth and the Nation.

1. Notwithstanding the provisions of section two of Chapter 639 of the Acts of 1950, as amended, all offices and positions in the division of Civil Defense, excepting the Director, shall, on January 1, 1961, become subject to the Civil Service laws and rules.

2. All offices and positions in a local organization for civil defense established in a city under Section 13 of said Chapter 639, excepting the office or position of director of said organization, shall, if not previously classified under the Civil Service laws and rules, become subject to the Civil Service laws and rules on January 1, 1961.

3. All offices and positions in a local organization for civil defense established in a town under Section 13 of said Chapter 639, excepting the office or position of director of said organization, shall, if not previously classified under the Civil Service laws and rules, become subject to the Civil Service laws and rules.

This paragraph shall take effect upon its acceptance by a town in the manner hereinafter set forth:

There may be submitted to the voters of a town at an annual or special town meeting the following questions which shall be placed upon the official ballot to be used at such meeting: - "Shall the town accept the provisions of an executive order placing offices and positions in local organizations for civil defense, excepting the office of director, under the civil service laws and rules?" If a majority of the votes in answer to said question is in the affirmative, this paragraph shall thereupon take effect in said town.

3A. The office or position of director of a local organization for civil defense established in a city or town under Section 13 of said Chapter 639, shall become subject to the Civil Service laws and rules.

This paragraph shall take effect in a city having a Plan D or a Plan E charter by the affirmative vote of the majority of all the members of the city council, and, in the case of other cities, by vote of the city council, subject to the provisions of the charter.

This paragraph shall take effect in a town upon its acceptance in the following manner:

There may be submitted to the voters of a town at an annual or special town meeting, the following question which shall be placed upon the official ballot to be used at such meeting: - "Shall the town accept the provisions of an executive order placing the office or position of director of the local organization for civil defense under the civil service laws and rules?" If the majority of the votes in answer to said question is in the affirmative, this paragraph shall thereupon take effect in said town.

3B. Any person employed in an office or position in said division of civil defense or in a local organization for civil defense on the date said office or position becomes subject to the provisions of this order, who has been employed in said office or position or a substantially similar office or position, continuously for not less than six months as of said date, shall continue to serve in such position with unlimited tenure of office, subject, however, to the civil service laws and rules, and shall be deemed to be permanently appointed to such office or position without being required to serve any probationary period; provided, that such person shall, within six months after the date said office or position becomes subject to the provisions of the civil service laws and rules in accordance with the provisions of this order, pass a qualifying examination to which he shall be subjected by the division of civil service.

4. Any person who on the effective date of this order is employed in an office or position in the division of civil defense, or in a local organization for civil defense in a city, or who is employed in an office or position in a local organization for civil defense in a town on the date said town accepts the provisions of paragraph three of this order, and who is not entitled to Civil Service Tenure under paragraph 3B of this order, shall continue to serve in such office or position until such time as an appointment to that office or position has been made from an eligible list after a competitive examination in accordance with Chapter 31 of the General Laws.

5. The provisions of paragraph (g) of Section 9 of Chapter 639 of the Acts of 1950, as amended, shall not be construed to permit the exclusion of said division of civil defense or any local organization for civil defense in a city, or in a town which accepts this order, from the operation of the civil service laws and rules, and any such exclusion of a local organization for civil defense approved prior to the date of which positions in such local organization become subject to the Civil Service Laws and Rules, shall be terminated on said date.

6. The director of civil service shall establish, with the approval of a board consisting of the director of civil defense, the chairman of the civil service commission and the director of accounts, ex officios, a compensation plan for holders of offices or positions in each local organization for civil defense which, by this order or theretofore, has been made subject to the civil service laws and rules. The director of civil service may, with like approval, make rules and regulations providing for the application and administration of said compensation plan. Said director, with like approval, may from time to time modify or change said compensation plan or said rules and regulations. Any holder of such office or position objecting to any provisions of such plan, or any action taken in connection therewith, which affects his office or position, may appeal in writing to said board and shall be entitled to a hearing, after due notice, upon such appeal. The decision of said board shall be final.

7. Any person appointed to an office or position in a local organization for civil defense which is subject to the civil service laws and rules, shall be given an annual step-rate increase, to be set forth in the compensation plan established under paragraph 6, but such increase shall not entitle such person to any change of rating or increased authority. Such increase shall be paid annually until the maximum salary set forth in said compensation plan for such office or position has been reached. The superior court, upon suit by the attorney general or petition of one or more taxable inhabitants of a city or town in which it is alleged that the provisions of this paragraph or paragraph 2, 3 or 6 of this order are not enforced, may, in law, or by equity, enforce said paragraphs.

This paragraph shall become effective in a city having a Plan D or a Plan E charter by the affirmative vote of the majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by a majority vote at an annual town meeting.

8. This order shall cease to be effective as of July 1, 1961, unless this order shall have been sooner confirmed by action of the General Court or unless legislation placing positions in the division of Civil Defense of the Commonwealth and positions in the local organizations for civil defense, or authorizing such action, shall have been enacted prior to July 1, 1961.

Given at the Executive Chamber in Boston this seventh day of December in the year of Our Lord one thousand nine hundred and sixty and of the Independence of the United States of America, the one hundred and eighty-fifth.

FOSTER FURCOLO

By His Excellency the Governor

JOSEPH D. WARD

Secretary of the Commonwealth