Trump's civil service reform initiative progresses under a different designation

Federal agencies have been provided with new guidance requiring them to conduct a preliminary review of positions considered "policy-determining, policy-making, or policy-advocating" within 90 days.

Trump's civil service reform initiative progresses under a different designation
The Trump administration continued its efforts on Monday to implement revised plans aimed at simplifying the process for dismissing certain federal employees.

In a memorandum sent to all federal agencies, the Office of Personnel Management outlined guidance for what is now termed "Schedule Career/Policy." This new designation updates the earlier "Schedule F," which was first proposed at the conclusion of President Donald Trump's first term.

"Effective performance management of employees in confidential, policy-determining, policy-making, or policy-advocating positions is of the utmost importance," according to the OPM. The agency emphasized that "due to these requirements, agencies should have a greater degree of appointment flexibility with respect to these employees than is afforded by the existing competitive service process."

The six-page memorandum, along with an amended executive order, instructs federal agency leaders to perform an initial review within 90 days of their agency’s roles that might be considered "policy-determining, policy-making, or policy-advocating." This review will identify positions "that are not normally subject to change as a result of a Presidential transition."

A thorough review must be completed within 210 days.

The OPM clarifies that employees in or applicants for Schedule Policy/Career positions "are not required to personally or politically support the current president or the policies of the current administration," but they are expected to demonstrate administrative loyalty.

"They are required to faithfully implement administration policies to the best of their ability, consistent with their constitutional oath and the vesting of executive authority solely in the president," the OPM stated, adding that "failure to do so is grounds for dismissal."

This memorandum and the amended executive order represent the latest development in a long-standing civil service debate, which began when Trump issued Executive Order 13957 in October 2020. This order established the Schedule F classification for federal workers, placing them at greater risk of dismissal.

A Government Accountability Office summary highlights that civil servants typically have rights to receive notice before removal, an opportunity to respond, attorney representation, and a written decision. They can appeal removals to the Merit Systems Protection Board or file grievances based on collective bargaining agreements. Such procedural safeguards would generally not apply to Schedule F employees. Additionally, hiring processes would be streamlined, including the elimination of hiring preferences for veterans in Schedule F cases.

In January 2021, former President Joe Biden annulled Executive Order 13957 with his own executive order.

"[It] not only was unnecessary to the conditions of good administration but also undermined the foundations of the civil service and its merit system principles, which were essential to the ... repudiation of the spoils system,” Biden commented at the time.

Last year, the Biden administration implemented regulations that fortified protections against reinstating the Schedule F concept. Trump reversed these measures through an executive order issued on his first day in office.

"Agencies need the flexibility to expeditiously remove poorly performing employees from these positions without facing extensive delays or litigation," the OPM noted on Monday.

The National Treasury Employees Union, representing employees across 36 federal agencies, has already filed a lawsuit to contest these changes, with the union's President Doreen Greenwald asserting in a statement that they would impose "political loyalty tests" on public employees.

James del Carmen for TROIB News