Biden introduces rule to protect federal workers from Trump’s dismissals.
The Biden administration has put forth a new rule to reverse a Trump-era executive order that aimed to simplify the process of firing federal workers.
The Office of Personnel Management (OPM), responsible for recruiting, managing, and overseeing the benefits of federal employees, is proposing that civil service workers will maintain their employee protections even if they are reassigned to a position with different or fewer protections. These employees, excluding political appointees, will have the right to appeal any reassignment or termination. The majority of federal employees are not political appointees, and under the new rules, those who are reassigned to such a status will still retain their protections.
“The proposed rule honors our 2.2 million career civil servants, ensuring they can carry out their duties without fear of political retaliation,” stated OPM Director Kiran Ahuja.
In the final days of former President Donald Trump’s term, he issued ”Schedule F,” which aimed to streamline the removal of underperforming employees in various agencies. This decision was based on a 2015 Government Accountability Office report that revealed it could take up to a year to terminate a federal employee.
The order never took effect, and President Joe Biden revoked it early in his term.
Proposed Rule
The OPM’s 77-page proposal emphasizes that regulations over the past 140 years have aimed to protect federal employees from political interference in hiring and firing, establishing rules to promote good governance.
This stands in stark contrast to the previous “patronage” system, where a change in administration often led to the mass removal of federal employees to make room for supporters of the new president, their party, and party leaders. The proposal explains that hiring based on merit reduces corruption.
The proposal highlights that career civil servants are meant to ensure the government functions optimally across different administrations, and there are appropriate mechanisms to address employees who refuse to follow lawful directives without resorting to a patronage system.
When an employee receives a suspension of 14 days or less, the suspension is not subject to appeal. However, the employee is still entitled to notice, an opportunity to respond, legal representation, and a written decision. Removals, demotions, longer suspensions, pay or grade reductions, and furloughs require more rigorous procedures and can be appealed in court.
The updated rule would mandate agencies to document the reasons for reassigning an employee and obtain certification from the agency’s chief human capital officer, submitting it to the OPM for review.
If an employee’s status is changed to that of a political appointee, they must receive written notice 30 days in advance, which must also inform them that their worker protections remain intact.
The proposal will now undergo a 60-day public comment period starting on September 18.
Trump’s Plans
While campaigning for reelection in 2024, President Trump expressed support for firing certain federal employees.
“We need to make it much easier to fire rogue bureaucrats who are deliberately undermining democracy or, at the very least, just want to keep their jobs,” he stated at a July event hosted by the America First Policy Institute (AFPI), a think tank that includes former Trump staffers among its members.
“They want to hold onto their jobs. Congress should pass historic reforms empowering the president to ensure that any bureaucrat who is corrupt, incompetent, or unnecessary for the job can be told—did you ever hear this—’You’re fired, get out, you’re fired.’ [You] have to do it. Deep state. Washington will be an entirely different place.”
In May 2021, AFPI published a report highlighting how the “merit-based” hiring process, intended to combat the corrupt patronage system, ended up becoming a difficult and time-consuming process that hindered the removal of problematic employees.
The Merit Systems Protection Board, responsible for reviewing federal employee appeals, has consistently found in surveys and reports over the years that supervisors are hesitant to initiate the lengthy process of removing underperforming employees and lack confidence in the outcome of their decisions.
The Heritage Foundation, a conservative think tank, released a “Project 2025” policy proposal in January 2023 that also supported making it easier to remove federal employees.
The extensive 1,000-page proposal, the ninth edition, includes a plan to “dismantle the deep state, not the government,” advocating for the reinstatement of Schedule F.
Administration’s approach, which sought to simplify the process of firing federal workers. The proposed rule highlights the importance of upholding employee protections and providing avenues for appeal in cases of reassignment or termination
The Biden administration has proposed a new rule that aims to reverse a previous executive order by former President Trump, which sought to simplify the process of firing federal workers. The Office of Personnel Management (OPM) is responsible for overseeing the benefits and management of federal employees, and under the new rule, civil service workers will retain their employee protections even if they are reassigned to a position with different or fewer protections. This means that these employees will have the right to appeal any reassignment or termination, with the exception of political appointees. The majority of federal employees are not political appointees, so this rule ensures that they will still retain their protections even if they are reassigned to such a status.
According to OPM Director Kiran Ahuja, this proposed rule honors the 2.2 million career civil servants, ensuring that they can carry out their duties without fear of political retaliation. It is important to protect these civil servants and allow them to perform their responsibilities without the threat of being terminated based on political motives.
The previous executive order, known as “Schedule F,” was issued by former President Trump in the final days of his term. Its aim was to streamline the removal of underperforming employees across various agencies. This decision was based on a 2015 Government Accountability Office report that revealed the lengthy process of terminating a federal employee, which could take up to a year. However, this order never took effect, as President Biden revoked it early in his term.
The proposed rule by OPM emphasizes the need for regulations that protect federal employees from political interference in their employment, as established by regulations over the past 140 years. These regulations aim to promote good governance and ensure that hiring and firing decisions are based on merit rather than political reasons. This is a significant departure from the previous
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