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Trump plan to politicize key civil service jobs has run out of time

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It looks like one of Team Trump’s last-minute efforts to destroy the civil service has fizzled. With less than a day to go, the plan to strip protections from tens of thousands of career federal employees hasn’t been put into effect at any federal agency. 

The Office of Management and Budget (OMB) and the Office of Personnel Management had rushed to list many of their jobs in the new Schedule F, a new classification for jobs involving policymaking. That means that career civil servants who have served under both presidents from both parties would be more like political appointees, vulnerable to being fired for insufficient loyalty. It’s a plan that would gut expertise in the federal government and remake it into Donald Trump’s loyalty-obsessed image.

But it’s a plan that, fingers crossed, isn’t going into effect anywhere. The Office of Personnel Management’s list of positions to move into Schedule F didn’t move forward, The Washington Post reports, and Budget Director Russell Vought reportedly told staff that there wasn’t time to put the changes into place at the OMB.

“It logistically was never going to be possible for this to be put into effect,” a senior administration official told the Post. The prospect was scary enough, though, that a lawyer for a federal workers union said, “I’m holding my breath until we’re out of the woods”—as in, when Trump is officially and finally out of office.

lf workers aren’t shifted into Schedule F before noon on Wednesday, then President-elect Joe Biden inherits an executive order calling for those changes, but nothing concrete to undo or be stuck with. It’s just a really good thing that Team Trump hasn’t been as competent as they have been evil—they’ve done enough damage as it is.

This blog originally appeared at Daily Kos on January 19, 2021. Reprinted with permission.

About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.


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News from Congress: VA Employees’ Civil Service Protections Slashed

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On June 23, 2017, the President signed into law Pub.L. 115-41.  The new statute reduces civil service protections for employees of the Department of Veterans Affairs (DVA).

Pub.L. 115-41 renews the push to cut back VA civil service protections, after the prior attempt under the last Administration saw adverse actions reversed at the Merit Systems Protection Board (MSPB) and portions of the statute struck down as unconstitutional.

Pub.L. 115-41 is more expansive than the prior statute.  Instead of just applying to Senior Executive Service (SES) employees at DVA, the statute applies to all DVA civil service employees, but different rules apply to different categories of employees.

SES employees and certain other individuals in executive or administrative positions can be removed, suspended, reprimanded, involuntarily reassigned or demoted by the Secretary, with notice and opportunity to respond to the proposal limited to 7 business days and the overall period from proposal to decision limited to 15 business days.  Affected DVA employees lose MSPB appeal rights.  Instead, adverse actions taken under this mechanism may solely be grieved to a new DVA internal grievance process, with a final decision due within 21 days.  Final decisions by DVA are then subject to judicial review.

Other DVA employees also suffer cuts to their civil service protections.  Under Pub.L. 115-41, affected employees may receive proposed adverse actions from the Secretary, with notice and opportunity to respond to the proposal limited to 7 business days and the overall period from proposal to decision limited to 15 business days.  MSPB appeal rights are retained, but the appeal deadline is cut to 10 business days.  The MSPB administrative judge must issue a final decision within 180 days.  The VA’s burden of proof to support its charges is cut to mere substantial evidence.  The MSPB may not mitigate to a lesser penalty (it must uphold the penalty or reverse entirely).

Pub.L. 115-41 moves into statute the DVA whistleblower office created by Executive Order 13,793.  The Secretary cannot remove, demote or suspend non-executive whistleblowers with active cases before the Office of Special Counsel (OSC) or the DVA whistleblower office without permission of the relevant whistleblower office.

Pub.L. 115-41 also allows the Secretary to disallow retirement service credit for DVA employees who are convicted of felonies.  Pub.L. 115-41 also allows the Secretary to claw back bonuses, awards and relocation expenses paid to DVA employees under certain circumstances.

This blog was originally published by The Attorneys of Passman & Kaplan, PC on July 7, 2017. Reprinted with permission.

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.


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