Executives orders and a memo may accelerate the political influence within the civil service.
A new executive order, titled Reforming the Federal Hiring Process and Restoring Merit to Government Service, has been introduced by President Trump. The order, which revives a policy called Schedule Policy/Career, aims to transform government to match Trump's basic values and proposes significant reforms to the federal hiring process.
However, the union, the National Treasury Employees Union, has filed a lawsuit seeking to block the Trump administration from implementing Schedule Policy/Career. The union claims that the order attempts to divest federal employees of their due process rights, which is contrary to congressional intent.
The revised policy strips much of the language regarding exempting Schedule Policy/Career positions from the competitive hiring process. Acting OPM Director Charles Ezell has sent a memo calling on agencies to submit a complete list of employees still within their one-year probationary periods by Friday. This move, typically issued by the organization's Human Resources department or management, could potentially impact tens of thousands of federal workers in policy-related positions.
The order calls for ensuring federal jobseekers "faithfully serve the executive branch," in addition to the existing oath to defend the Constitution. This language, according to Kettl, describes a loyalty test. Moreover, the language of the hiring executive order suggests hiring only employees dedicated to "ideals and values," which Simon finds troubling as it could open the system up to discrimination.
Max Stier, president of the Partnership for Public Service, has positively cited the new executive order. The order tasks officials with developing a hiring action plan to reduce hiring time, improve communication with job applicants, and incorporate technology into the hiring and selection process. The memo also encourages agencies to use paid administrative leave to send employees home while they consider restructuring offices and components.
However, Don Kettl, professor emeritus at the University of Maryland, warns that the order contains passages that denigrate concepts like equity and gender identity. Kettl also argues that the order aims to transform government from the very start, which could lead to a significant shift in the culture and values of federal institutions.
Jacque Simon, policy director for the American Federation of Government Employees, is opposed to efforts to make the hiring process "more subjective." Simon and the union argue that when Congress passed the 1978 Civil Service Reform Act, it defined "policy-related" positions specifically as political appointees, not career workers. The union further argues that the order's final decision-making authority for conversion of jobs into the new job classification is now with the president, not the Office of Personnel Management director.
The order also stresses that probationary employees lack appeal rights before the Merit System Protection Board. This move has raised concerns about the potential erosion of due process rights for federal employees. The lawsuit filed by the National Treasury Employees Union seeks to block the implementation of Schedule Policy/Career, arguing that it is contrary to congressional intent and could lead to widespread discrimination and erosion of due process rights.
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