MINUTES OF THE IAG ADVERSE ACTIONS AND APPEALS COMMITTEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000200080067-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: July 17, 2002
• Sequence Number: 67
• Publication Date: March 17, 1978
• Content Type: MIN

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UNITED STATES CIVIL SERVICE COMMISSION
Office of the, Executive Director
Interagency Advisory Group
1900 E Street, N.W.
Washington, D.C. 20415
Minutes of the IAG Adverse actions and Appeals Committee
March 17, 3.978
Wilma Lehman of the Policy Analysis and Development Division of the
bureau of Policies'and Standards chaired the meeting. Elsie. Fisher
of the Bureau of Training announced a new course put out by the
Personnel Management Training Center: "Legal Issues in Public
Personnel Administration: A Seminar.'". The course is designed to
provide a comprehensive overview of the legal issues connected with
personnel policies and procedures of Federal agencies for agency
personnel specialists, EEO specialists, administrative officers,
and others who advise management on or initiate personnel manage-
ment actions. It is not designed for agency attorneys, for whom
another course is offered: "Law of Federal Employment Seminar."
Aspects of Special Emphasis Program proposals of interest to the
Committee
Mike Sherwin, who presently serves as Special Assistant to the CSC
Executive Director for the Special Emphasis Program now being devel-
oped mentioned FPM Bulletin 713-49 which discusses the proposals,
and gave a summary of the status of the program, and plans for its
implementation-. Based on the President's directive to increase
affirmative action efforts, the revised plan is being implemented
by several work groups: an interbureau CSC drafting team, an IAG
workgroup to react to the staff work, and a steering group chaired
by Hale Champion, Undersecretary of HEW, providing overall direction
and policy advice. Responsibility for implementation rests with the
Commission's Executive Director.
Present plans call for the determination by CSC of the occupations
in the Federal work force in which women and minorities are under-
represented. Representation in professional positions would be
compared to that in college degree-holder populations and other
Federal positions to representation in the general work force. If
employment of these groups in the Federal workforce were less than
80% of the college graduate or the general work force proportion,
underrepresentation would be considered to exist. Initially,
to determine in which occupations women and minorities might be
underrepresented, those with more than 2000 employees will be
looked at.
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In the event of underrepresentation in an occupation, the Special
Emphasis Program appointment authority would be triggered, allowing
the use of excepted appointments to fill up to 20% of the positions
filled from outside in an occupation. Such appointments will be
Scheuule A, not to exceed two years, and would be open to all appli-
cants. Veteran preference will apply. Ultimately, an Executive
order will be required since conversion of persons in these appoint-
ments to the competitive service after two years of successful
performance in the job will be allowed.
The program is planned as a five-year experiment to develop alternate
methods to select persons for joos under the program. Hiring methods
so far considered include random selection, superior scholastic per-
formance, specially-developed job-related qualifications requirements,
and selection methods aimed at economically disadvantaged or the
handicapped. If the alternatives prove successful, eventually they
may be incorporated into the competitive examining process.
Other aspects of the Program include: (1) consolidation within CSC
of all special emphasis programs; (2) all agency planning and reporting
requirements, including goals and timetables, similarly consolidated.
Mary Sugar of PADD noted that the SEP appointees would be covered by
part 430; procedures in part 531 covering within-grade increases;
parts 713, 752B (if preference eligibles with more than one year's
current continuous service), and 771 (for negotiated grievance
procedures).
Questions and discussion by members concerning the proposal:
-- Since these appointments would be open to all, once the special
hiring authority was triggered by underrepresentation in an occu-
pation, how would the purpose of the program be carried out?
Mr. Sherwin said that agency recruiting efforts will be targeted
at the underrepresented groups, but that applications will be
accepted from any one interested. In view of the requirements for
competition and that the program be open to all, immediate dramatic
improvements in representation are not likely.
-- Would CSC approval be necessary after the hiring authority is
triggered, if the agency decided that underrepresentation existed
in that occupation in the agency? CSC approval would not be
necessary if the agency used approved alternative selection
methods for occupations which had been triggered nationwide by
CSC. Prior CSC approval would be required, however, for use
of other selection methods or use of the authority in occupa-
tions other than those triggered nationally.
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-- Is there a relationship between SEP and agency affirmative action
plans? Yes, agencies would use the Special Emphasis Program as
one tool in their affirmative action efforts.
- Must agency qualification standards and the selection methods
meet the validity requirements of the Federal Executive Agency
Guidelines? As provided in the revised agency guidelines, the
standards and selection methods would not have to meet rigid
requirements, but would have to be job-related.
CSC proposals for legislative change
Mrs. Sugar next summarized the status of this package,. introduced in
both House and Senate as H.R. 11280 and S. 2640, respectively. Hearings
were held March 14 by the House Post Office and Civil. Service Committee
and will be held again on March 21 and 22. Changes of interest to the
group made in the legislative proposal since the last meeting are as
follows:
Chapter 43:
o Each agency is required to establish performance standards and
communicate them to the employee, but there is no requirement
that this be done in writing.
o Appeal rights in demotions and removals taken under the proposed
chapter 43 procedures are limited to, those persons covered by
part 7528.
-- Chapter 75: The phrase "any and all reasons specifically and in
detail" has been changed to "specific reasons".
Chapter 77:
o The appeals officer is limited in holding hearings to situations
where there are material issues of fact requiring evidence to be
presented.
o An appellant has the responsibility of showing that the agency's
decision contained error that substantially impaired his rights,
was based on prohibited discrimination, or was arbitrary or
capricious.
o Payment of attorneys' fees would be required or permitted only
if the agency's action was wholly without basis in fact or law.
o The Merit Systems Protection Board may by regulation provide
alternate methods of handling appeals. However., specific
mention of arbitration has been removed from the bill.
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Finally, Mrs. Sugar brought to the members' attention the recently
released GAO report: "Federal Employee Performance Rating Systems
Need Fundamental Changes", the numoer of which is B-150411.
Far your information we have enclosed copies of the FEAA and.ARB
decisions on a demotion action resulting from a'classif.ication
decision.
One of the members has requested that agency solutions and problems
in the area of employee discipline be shared with the group. The
HUD presentation of its table-of-penalties study was mentioned as an
illustration. Please phone Cynthia Field, 632-5623, with any sug-
gested problems or solutions.
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