Central Personnel Agencies: Managing the Bureaucracy

What the document says

“It should be reinstated, but SES responsibility should come first.”

Executive Order 13957 made career employees in policy-determining, policymaking, policy-advocating or confidential positions an exception to competitive hiring rules under a new Schedule F, and directed OPM and agency heads to list such positions. The chapter records that the order was reversed by President Biden and says it should be reinstated, with the qualification that Senior Executive Service responsibility should come first. The sentence quoted runs across pp.80-81 in the original; the clause naming the reversal sits on p.80.

What the document says

“Unfortunately, the order was overturned by the Biden Administration, so it will need to be reintroduced in 2025.”

The chapter lists the requirements of Executive Order 13839: shortening the time allowed for an employee to improve before corrective action, initiating discipline more expeditiously, shortening the time to respond to allegations of poor performance, reminding supervisors of expiring probationary periods, barring settlement agreements that alter a personnel record, and re-examining discipline of supervisors who retaliate against whistleblowers. It says the order will need to be reintroduced in 2025.

What the document says

“All were revoked by the Biden Administration and should be reinstated by the next Administration, to include the immediate appointment of the FLRA General Counsel and reactivation of the Impasses Panel.”

The chapter lists Executive Orders 13836, 13837 and 13839, on renegotiating collective bargaining agreements to respect management rights, on official time, and on limiting grievances over removals and appraisals while prioritizing performance over seniority in reductions-in-force. It says all should be reinstated, together with immediate appointment of the FLRA General Counsel and reactivation of the Federal Service Impasses Panel.

What the document says

“The EEOC's federal employee section should be transferred to the MSPB, and many of the OCS's investigatory functions should be returned to the OPM.”

The chapter argues that a federal employee's choice of forum among the MSPB, EEOC, FLRA and OSC produces forum shopping and delay, and proposes moving the EEOC's federal employee section to the MSPB and returning many investigatory functions to OPM, so that the MSPB becomes the main reviewer of adverse actions. The text names no instrument for the transfer. "OCS" appears as printed; the chapter elsewhere refers to the Office of Special Counsel as OSC.

What the document says

“A government that is unable to select employees based on KSA-like test qualifications cannot work, and the OPM must move forward on this very basic personnel management obligation.”

The chapter recounts the end of the Professional and Administrative Career Examination under a 1981 consent decree and says courts have agreed to review that decree if the Uniform Guidelines on Employee Selection Procedures are reformed. It states that OPM must move forward on selecting employees by knowledge, skills and abilities testing. It separately says the disparate impact doctrine could be ended legislatively or narrowed through the regulatory process.

What the document says

“This doctrine of disparate impact could be ended legislatively or at least narrowed through the regulatory process by a future Administration.”

Stated as a possibility rather than a recommendation: that the disparate impact doctrine, which the chapter describes as treating test results suggestive of discrimination as actionable without evidence of intent, could be ended by legislation or narrowed by regulation.

What the document says

“What is needed at the beginning is a freeze on all top career-position hiring to prevent "burrowing-in" by outgoing political appointees.”

A freeze on all top career-position hiring at the start of an Administration, to stop outgoing political appointees converting into career positions. The chapter separately cautions that across-the-board hiring freezes and buyouts have not produced lasting reductions and can raise costs.

What the document says

“A determined President should insist that performance be first and be wary of costly types of reductions-in-force.”

The chapter states that retention in a layoff currently turns on tenure, veterans' preference, seniority and performance in that order, notes that bills to weight performance more heavily failed in the House during the Trump years, and says a determined President should insist that performance come first.

What the document says

“If "personnel is policy" is to be our general guide, it would make sense to give the President direct supervision of the bureaucracy with the OPM Director available in his Cabinet.”

Stated as something that would make sense rather than as a demand: direct presidential supervision of the bureaucracy, with the OPM Director available in the Cabinet.

What the document says

“Ideally, the OPM should establish an initial pay schedule for every occupation and region, monitor turnover rates and applicant-to-position ratios, and adjust pay and recruitment on that basis.”

An occupation-and-region pay schedule set by OPM and adjusted against turnover and applicant-to-position ratios. The chapter states that most of this requires legislation, and that in the meantime OPM should advocate for equality of benefits between the public and private sectors.

What the document says

“It is essential that political executives build policy goals directly into employee appraisals both for mission success and for employees to know what is expected.”

Political executives should write policy goals into the performance appraisals of career staff, take an active part in supervising those appraisals rather than delegating them to senior career managers, and reward good performers.

What the document says

“Congress should also consider whether public-sector unions are appropriate in the first place.”

Framed as a question for Congress to consider rather than a specific proposal: the chapter says a bipartisan consensus until the middle of the 20th century held that public-sector unions were incompatible with constitutional government, and that after half a century it is hard to avoid the same conclusion.

What the document says

“it would make sense for GSA and OPM leadership and staff to hold regular meetings to work through matters of common interest”

Regular meetings between GSA and OPM leadership on the Presidential Transition Act's personnel restrictions and the relationship between contract and civil service employees. The chapter records that it opposes a merger of OPM, GSA and OMB, which it says fortunately did not take place in that form.