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mand, shall be dealt with directly by the bureau involved. In such case the reprimand shall be made a matter of record in the bureau for consideration in connection with efficiency ratings or subsequent discipline for further misconduct.
58. Misconduct Involving Action by Secretary. Official misconduct on the part of an employee which, in the opinion of the chief of the bureau concerned, merits disciplinary action by the Secretary, shall, after careful investigation by the bureau, be reporteil to the Secretary, accompanied by all papers in the case and a recommendation as to appropriate action. If the bureau has not adequate facilities for properly investigating such cases, all papers pertaining thereto shall be transmitted to the Office of the Secretary with the request that the matter be investigated. The report of such investigation shall be referred to the bureau for consideration and recommendation before action is taken thereon. If the facts in any case warrani the filing of charges or other disciplinary action, the necessary papers shall be prepared at the direction of the Secretary and transmitted to the employee in question through the chief of the bureau concerned. When the answer to the charges has been received, the entire record shall be reviewed and appropriate action taken by the Secretary. When deemed necessary, the advice and recommendation of the solicitor shall be sought before final decision is reached.
59. Appearance, Fees, and Expenses of Department Employees as Witnesses in Judicial Proceedings.
(a) Appearance.—Unless properly subpænaed, no employee of this department shall produce department records or documents or testify, except on behalf of the United States, or, in the case of field employees en
gaged in the enforcement of the migratory bird law on behalf of a State in prosecutions under State laws for the protection of migratory birds in any judicial proceeding, in respect to any matter relating to the work of the department or of which his knowledge is based directly or indirectly upon department records or upon his personal observation or service in the department.
When properly subpænaed in any judicial proceeding, each employee shall give prompt notice, either by letter or telegram, to the chief of the bureau wherein he is employed, stating the names of the parties litigant, the time and place named in the subpæna, and, in addition, unless the proceeding originated in the department, the subject matter of the controversy and the nature of the testimony which it is expected will be required. Unless otherwise instructed, the employee will appear and testify. Whenever the production of the records or the giving of testimony will be contrary to the interests of the public service or will interfere substantially with the performance by the employee of his official duties, permission to testify shall be refused. In cases of doubt, upon application to him by any chief, the solicitor shall give prompt advice as to whether an employee is properly subpænaed or whether, if so subpænaed, he can be compelled to testify.
Immediately upon his return to duty, following appearance in a case not originating in the department, each employee shall report to his chief the date and place of his appearance, names of the parties litigant, time spent in travel and attendance, expenses incurred and fees, if any, whether either has been paid, and, if so, by whom, and the nature of his testimony.
(6) Witness fees.-No employee of the department who appears to produce department records or to testify in a judicial proceeding in which he is prohibited by these regulations from producing records or testifying unless properly subpænaed shall accept any fee or compensation other than reimbursement of his travel and subsistence expenses unless authorized to do so in advance by his chief. No employee shall receive or be authorized to accept witness fees in any case unless he is required to take leave without pay for the time consumed in responding to the subpoena, and then only in an amount not exceeding the amount deducted from his salary on account of such leave without pay.
Whenever an employee properly subpænaed appears in a judicial proceeding in accordance with these regulations, the chief of the branch of the department wherein he is employed shall inform him, if practicable, in advance whether he will be required to take leave; and, if so, whether the same shall be with or without pay for the time consumed in responding to the subpæna. In general, employees who appear as witnesses otherwise than in the interest of the Government of the United States shall be required to take leave. In case of doubt, upon application to him by any chief, the solicitor shall give prompt advice as to whether the law permits the appearance of the employee without taking leave.
(C) Expense of travel and subsistence.—When any employee appears as a witness on behalf of the United States in any case originating in this department, or a field employee engaged in the enforcement of the migratory bird law appears on behalf of a State in prosecutions under State laws for the protection of migratory birds, his expenses for travel and subsist
ence will be paid in accordance with the Fiscal Regulations.
When any employee appears as a witness on behalf of the United States in any case not originating in this department, his account for travel and subsistence should be presented to the marshal or other officer of the court authorized to pay the expenses of witnesses.
When an employee appears in any judicial proceeding on behalf of any party other than the United States, he should arrange in advance with the party in whose interest he appears for his travel and subsistence expenses.
60. Jury Service.—Employees of the department can not be compelled to perform jury service in State or municipal courts if such service will interfere substantially with their official duties. In every case where an employee is summoned for jury service in any such court, he should appear, and, if such service will interfere substantially with the performance of his duties, he should communicate with the court as. soon as possible and respectfully inform the court of that fact and request to be excused. If the court declines to excuse him, the employee should report the facts by wire to the chief of his bureau and take the matter up with the United States attorney for the district in which he is located. The chief of bureau will notify the solicitor immediately, in order that the Attorney General may be requested to instruct the United States attorney to render the employee such legal assistance as may be necessary.
61. Mechanics and Laborers Limited to EightHour Day.—Employees of the department who employ, direct, or control any laborers or mechanics paid by the Government, or who supervise contract work. for the Government on which laborers or mechanics are employed, shall not require nor permit any such laborer or mechanic to work over eight hours in any one calendar day except in case of extraordinary emergency. An extraordinary emergency, under this paragraph, is understood to mean one in which overtime work is necessary in order to meet quickly some unusual exigency unexpectedly arising and calling for prompt action.
62. Field-Service Appointments Subject to CivilService Rules.—All appointments and other changes affecting the personnel of the field service of the department shall be made in accordance with these regulations and the civil-service rules, which require (1) authority from the Secretary, through the chief of bureau, without which no action whatever shall be taken affecting the employment of any employee; (2) certification by the district or local civil-service secretary (by certificate, written approval, or indorsement of recommendation), except when otherwise thorized in certain classes of temporary appointments, and (3) recommendation, through the chief of bureau, to the Secretary for appointment. The method of recommendation will be indicated in the authorization or in instructions issued by the chief of bureau. No appointment requiring the approval of the Secretary shall be made effective, nor shall any person be permitted to enter upon the performance of his duties, until the recommendation for such action shall have been approved by the Secretary, except in very unusual circumstances where the delay would seriously interfere with the effective prosecution of the work of the department. In each such case the recommen