Washington, D.C. 20530

June 9, 2000

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

FROM:             Stephen R. Colgate
                          Assistant Attorney General
                               for Administration

SUBJECT:   Policy Governing Entry into the Competitive Service by Persons Whose Present or Last Position was Schedule C or Noncareer SES

During election years it is customary for this office to issue formal policy statements to remind components of the need to review all personnel actions carefully to ensure that they meet all civil service laws, rules, and regulations, and are free of any impropriety. The appointment of Schedule C and noncareer SES employees to the competitive service warrants special attention to ensure compliance with merit system principles.

Attachment 1 is an Office of Personnel Management (OPM) issuance which emphasizes the responsibility of agencies to ensure that competitive and noncompetitive appointments avoid even the appearance of political favoritism. While agencies have substantial discretion in filling vacancies under a variety of different appointing authorities, including certification from OPM, we must exercise great discretion to ensure that authority must be exercised ". . . solely on the basis of merit and fitness and without regard to political or religious affiliations, marital status, or race." The records in all personnel actions must clearly document that the actions are proper and legitimate and conform fully to the spirit and the letter of Civil Service Rules 4.2 and 7.1 and to Section 2302 of title 5, United States Code.

Therefore, as has been past practice, this memorandum is issued to remind you that it continues to be the policy of the Department of Justice that no competitive position will be filled within the Department by movement of a person whose present or last position was in the excepted service (i.e., Schedule C or noncareer SES) without either internal merit competition or certification that the prospective appointee is within reach on an OPM Certificate of Eligibles.

In accordance with this policy, the following procedures, which have been established previously, will continue to remain in effect until January 31, 2001:

1. Any request for certification from OPM which involves the selection of an excepted service employee in a Schedule C or noncareer SES position for a competitive service position must be audited by the Director, Personnel Staff (PS), Justice Management Division, to determine that it meets the tests of merit and fitness prior to its submission to OPM. OPM will not accept direct submissions.



1. The OPM issuance provides a pre-appointment review record for proposed appointment of Schedule C and noncareer SES employees into the competitive service which must be prepared by the cognizant Bureau Personnel Officer and which must accompany the certification request which is forwarded to the Director, PS.


2. All proposed appointments of persons whose present or last position was in Schedule C or a noncareer SES position must be submitted to the Assistant Attorney General for Administration (AAG/A) for prior approval before they are effected.



3. Requests for prior AAG/A approval must contain the following:
   
   
   1. The date that the position concerning the proposed appointee was established. If established within four months prior to submission of the request for prior approval, the Head of the submitting Department Component must certify either that the position has not been established to accommodate the placement of the proposed appointee or that there is a compelling need for the particular qualifications of the proposed appointee. (A statement as to the nature of the compelling need and as to the related qualifications of the proposed appointee must be attached.)
   
   
   
   2. A copy of the position description.
   
   
   
   3. Certification by the Head of the Department Component that the selection of the proposed appointee was made under appropriate merit procedures and that the proposed appointee was considered to be the best qualified of those available for selection.
   
   
   
   4. A copy of the vacancy announcement or the civil service certificate used as the basis for the selection.
   
   
   
   5. A statement that the proposed selection is made on the sole basis of merit and fitness and in accord with Civil Service Rules 4.2 and 7.1 and Section 2302 of Title 5 U.S.C. concerning prohibited personnel practices.

Questions concerning these procedures should be referred to Joanne W. Simms, Director, Personnel Staff, on 514-6788.

Return to the TOP