OPM sets new policy to make 'burrowing' harder

The Office of Personnel Management wants to make political appointee "burrowing" into agencies more difficult all the time-not just during election years.

OPM director John Berry sent a memo to agency leaders outlining a new policy that mandates OPM's approval on all current and recent political appointees who want to move into a career position.

The memo changes the current policy where OPM signs off on all appointments to the Senior Executive Service, but only approves non SES appointments during an election year.

"I believe we must hold ourselves and the government to a higher standard, one that honors and supports the President's strong commitment to a government that is transparent and open," Berry writes in the memo. "OPM's responsibility to uphold the merit system is not limited to Presidential election years nor to competitive service appointments. That is why I am instituting a change in OPM policy with respect to hiring political appointees for civil service jobs."

Berry says starting Jan. 1, OPM will approve any hires in writing to competitive or non-political excepted service positions before the offer is made of current political appointees or anyone who has been a Schedule A or Schedule C appointee in the last five years

"OPM will review these proposed appointments to ensure they comply with merit system principles and applicable civil service laws," he writes. "I have delegated decision making authority over these matters to career senior executives at OPM to avoid any hint of political influence."

Berry adds that OPM will continue to review all staffing decisions for SES.

Colleen Kelley, president of the National Treasury Employees Union, says she was pleased by OPM's memo.

"The federal government's merit system is of the utmost importance," Kelley says. "To maintain credibility and attract talented and skilled applicants, the federal hiring system must be above reproach and this announcement by OPM maintains the merit system's integrity."

The Congressional Research Service did a report in October 2008 on this issue. CRS offered five areas where oversight could be enhanced. Some of these include Congress could direct OPM to report on its examination of conversions, and "agencies could mandate that all officials with hiring authority be required to annually certify, in writing, that they understand the legal and regulatory requirements on the conversion of employees from appointed (noncareer) positions to career positions and on the prohibition on awards during the Presidential Election Period."

The Government Accountability Office last did a report on the transfer of political appointees to career positions in 2005 and found of the 41 departments that submitted data, 77 political appointees were converted to career positions between May 2001 and December 2003.

Auditors found 44 of the 77 reported conversions were made by three departments: the Departments of Defense (17), Justice (17) and Health and Human Services (10).

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On the Web:

Chief Human Capital Officers Council -- OPM memo on political appointees becoming career civil servants

FederalNewsRadio -- Burrowing Trouble

CRS -- October 208 report on burrowing (pdf)

GAO -- May 2005 report on burrowing (pdf)

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