U.S. Department of Justice
Washington, D.C. 20530
October 22, 1996
MEMORANDUM FOR BUREAU PERSONNEL OFFICERS
FROM: Henry Romero
Director, Personnel Staff
Justice Management Division
SUBJECT: Delegated Personnel Authority to Make Appointments Above the Minimum Rate Based on Superior Qualifications
By memorandum dated August 10, 1994, Bureau Personnel Officers were delegated personnel authority to make appointments above the minimum rate based on superior qualifications for nonattorney positions. This authority was limited to appointments that were no more than 20 percent higher than a candidate's current existing pay.
To further streamline Departmental administrative procedures, Bureau Personnel Officers are hereby delegated full personnel authority to make appointments above the minimum rate based on superior qualifications for nonattorney positions. This further delegation of authority includes cases that are: (1) more than 20 percent higher than the candidate's current existing pay; (2) based on a special need to the Department; and (3) based on a reasonable expectation of employment. This additional authority should be used only in rare instances and may not be redelegated. This authority is effective on the date of this memorandum.
In making determinations on superior qualifications appointments, components are reminded that undue weight should not be given solely to a candidate's existing pay. The candidate's qualifications for the position in relation to other candidates, and any specialized job requirements or special need of the agency, carry equal weight under the law. The superior qualifications authority is intended to match existing pay only when necessary to recruit specific candidates who possess unusually high or unique qualifications, or a unique combination of education and experience that meets a special need of the agency, i.e., candidates who have an exceptional value to the agency. Components should ensure that justifications fully document both the candidate's superior qualifications or agency special need (if appropriate), and the basis for approving a rate that exceeds the candidate's existing pay.
Questions concerning the use of this delegation may be referred to Jolliette Spencer, of the Personnel Staff's Policy Group, on (202) 514-6778.