|
U.S. Office of Personnel ManagementVariations to Staffing Regulations |
| Notice No: 96 - 45 | Washington, DC 20415 |
| Date: August 9, 1996 |
Notice of OPM Variations
AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION
REQUESTS. Section 5.1
of civil service rule V requires the
Office of Personnel Management to inform agencies about
variations which it grants under that rule.
Heads of Departments and Independent Establishments:
| 1. | This notice describes non-precedent-setting variations to staffing regulations granted between April 1, 1997, and June 30, 1997. |
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Extension of Term Appointments Beyond 4 Years
| 2. | Sixteen variations were granted to the
4-year service limit for term appointments contained in 5 CFR 316.301: |
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On April 4, 1997, a 2-month extension was granted for 49 employees with the Federal Deposit Insurance Corporation's Southeast Service Center, Atlanta, Georgia, to offset loss of permanent staff and to prepare for the Center's August 1997 closing.
On April 14, 1997, a 1-year extension was granted for a Supervisory Financial Management Analyst, GG-301-12, with the Federal Deposit Insurance Corporation, Washington, DC, to implement several important and complex automation initiatives in order to improve customer service.
On April 14, 1997, a second 1-year extension was granted for two Total Quality Leadership Instructors with the Department of Navy, Pensacola, Florida, to implement a Total Quality Leadership Program throughout Navy.
On April 23, 1997, a 2-month extension was granted for 17 employees with the Federal Deposit Insurance Corporation's Southeast Service Center, Atlanta, Georgia, to offset the loss of permanent staff and to prepare for the Center's August 1997 closing.
On April 23, 1997, a 6-month extension was granted for an Archeologist, GS-193-12, with the Department of the Interior, National Park Service, Midwest Archeological Center, to permit the employee to complete the final phase of a multi-year archeological project at the Lake Ilo National Wildlife Refuge in North Dakota.
On April 25, 1997, a 1-year extension was granted for an Outdoor Recreation Planner, GS-023-11, with the Department of the Interior, National Park Service, to complete the planning and design of backcountry and multi-modal trails for projects in Utah and Colorado.
On April 28, 1997, an 8-month extension was granted for an Archeologist, GS-193-7, with the Department of the Interior, National Park Service, to complete a multi-year parkwide archeological inventory project at Indiana Dunes National Lakeshore.
On April 28, 1997, a 5-month extension was granted for an Archeologist, GS-193-11, with the Department of the Interior, National Park Service, to provide support for a research park project covering Yellowstone National Park, Fishlake National Forest and Salmon Challis National Forest.
On May 19, 1997, a 6-month extension was granted for 4 employees at the Federal Deposit Insurance Corporation in Washington, DC, to complete the audit and contract closeouts of the Resolution Trust Corporation.
On June 2, 1997, a 6-month extension was granted for 2 employees with the Federal Deposit Insurance Corporation, Franklin, Massachusetts, to provide support related to the closeout of the agency's Franklin Consolidated Office.
On June 2, 1997, a 2-year extension was granted to a Deputy Construction Manager, GM-301-14, with the United States Information Agency, International Broadcasting Bureau, Sri Lanka, to complete construction of high power transmitters for the Sri Lanka Radio Relay Station.
On June 5, 1997, a 2-year extension was granted to a Museum Specialist (Zoology), GS-1016-12, with the Smithsonian Institution, National Museum of Natural History, Washington, DC. This permits the employee to continue as a research assistant for the Chairman of the Department of Vertebrate Zoology.
On June 20, 1997, a 1-year extension was granted for a Secretary (OA), GS-318-6, at the Department of the Army, Military Traffic Management Command, Falls Church, Virginia, to provide support to the Worldwide Port System Project Management Office for an additonal year.
On June 20, 1997, a 1-year extension was granted to 2 Pharmacists, GS-660-12, with the Department of the Army, at the Pharmacoeconomic Center, Fort Sam Houston, Texas, to provide uninterrupted support for work associated with drug regimens for specific diseases and drug categories.
On June 23, 1997, a 3 1/2-month extension was granted to a Writer-Editor, GS-1082-12, with the United States Department of Commerce, International Trade Administration, to provide editing and publishing services for several publications and trade reports on Latin America and the Caribbean.
On June 24, 1997, extensions for up to 1 year were granted to 15 employees with the Department of the Army, U.S. Army Forces Command, at Fort Sheridan, Illinois, to provide fire protection and prevention services and building and grounds maintenance until Fort Sheridan is turned over to the local community.
| In keeping with the variation criteria and precedents, each of these variations: avoids unnecessary hardship to the agency that disruption to the project/work in which the employee is involved would cause if a staff change were to occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the nonpermanent nature of the work; and promotes Government efficiency by enabling expeditious continuation of the project through retention of employees already knowledgeable of the ongoing work. |
Correction of Erroneous Appointment
| One variation was granted to allow credit for career tenure and time-in-grade purposes for an employee whose appointment did not meet the requirements of the authority used. The variation involves an exception to the requirements of 5 CFR 330.101 that positions in the competitive service be filled by one of the methods authorized in civil service law and regulations: |
On April 4, 1997, variation was granted to allow service credit for an employee with the Department of Justice, U.S. Attorney's Office, in California. On July 9, 1995, the agency appointed the individual to a career appointment as a Management Analyst, GS-343-12, incorrectly using Public Law 101-474 which gives certain employees of the Administrative Office of the U.S. Courts noncompetitive appointment eligibility to competitive service positions. After discovering the employee was not eligible for noncompetitive appointment under this law, the agency was able to properly appoint the employee to that position on September 29, 1996.
| It could not be determined if the appointment could have been regularized at an earlier date. The variation was granted to avoid unnecessary hardship to the employee who, though now properly appointed, would otherwise face loss of important service credit due to administrative error, even though extensive efforts were made to regularize the improper appointment covering the period of de facto service. The variation permitted crediting the period of de facto service, from the date of erroneous appointment to the date of proper appointment, for full service credit. | ||
| Section 5.1 of civil service rule V requires that like variations be granted in like circumstances. Therefore, if an agency believes it has a case which parallels one of those described in this notice, a variation may be requested. Agencies are reminded, however, that variation is appropriate only when no other authority exists to remedy the hardship or practical difficulty. All requests for variation must be sent through the headquarters of the agency or department involved and must be transmitted to the Office of Personnel Management for final action. Agencies do not have authority to approve variations. |
[SIGNED]
James B. King
Director
Page created October 16, 1997