Trump Administration Prepares for Battle with New Schedule F Guidance Release
In a move that could significantly alter the landscape of federal employment, President Trump has issued an executive order aiming to strip civil service protections from tens of thousands of federal workers in "policy-related" positions.
The order, which was published earlier this year, has sparked controversy and raised concerns about the potential impact on the independence of federal agencies. According to Don Kettl, former dean of the University of Maryland's School of Public Policy, the new language in the executive order marks a significant change for federal workers.
Under the order, career employees in or applicants for Schedule Policy/Career positions (previously known as Schedule F) are not required to personally or politically support the current president or the policies of the current administration. However, failure to faithfully implement administration policies will be grounds for dismissal.
The Office of Personnel Management (OPM) has issued guidance to agency heads on implementing Schedule Policy/Career. Agencies may immediately begin compiling lists of "policy-related" jobs. The deadline for initial agency filings is 90 days from the issuance of the guidance, with OPM setting an initial deadline of April 20 for agencies to submit initial petitions to reclassify workers outside of the competitive service.
The administration claims that the president has the constitutional authority to unilaterally rescind regulations governing federal personnel issues. However, the administration's decision to nullify then-President Biden's regulations to insulate the civil service from Schedule F indicates a desire for a court battle over the issue.
Kettl described the order as asserting presidential authority under Article II of the Constitution in a way he has never seen before. He suggested that if the courts agree with Trump, the president could potentially unwind various rules and regulations by fiat. Kettl also questioned whether the administration intends to challenge more regulations and engage in a broader court battle, or if they will pick their targets and establish precedent first.
Despite the potential for legal challenges, the executive order stipulates that federal workers cannot be removed for failure to support a particular political party or president. This provision aims to address concerns that the order could lead to politically motivated dismissals.
The new iteration of the executive order comes as the Trump administration nears its end. It remains to be seen how the incoming administration will address the order and its implications for federal employees.
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