President Trump on Wednesday signed an executive order to create a new classification of “policy making” federal employees that could strip swaths of the federal workforce of civil service protections just before the next president is sworn into office.
The order will create a new Schedule F within the excepted service of the federal government, to be composed of “employees in confidential, policy-determining, policy-making, or policy-advocating positions,” and instructs agency heads to determine which current employees fit this definition and move them—whether they are members of the competitive service or other schedules within the excepted service—into this new classification. Federal regulations stating that employees hired into the competitive service retain that status even if their position is moved to the excepted service will not apply to Schedule F transfers.
Positions in the new Schedule F would effectively constitute at-will employment, without any of the protections against adverse personnel actions that most federal workers currently enjoy, although individual agencies are tasked with establishing “rules to prohibit the same personnel practices prohibited” by Title 5 of the U.S. Code. The order also instructs the Federal Labor Relations Authority to examine whether Schedule F employees should be removed from their bargaining units, a move that would bar them from being represented by federal employee unions.
“Except as required by statute, the civil service rules and regulations shall not apply to removals from positions listed in Schedules A, C, D, E, or F, or from positions excepted from the competitive service by statute,” the order states.
The order sets a swift timetable for implementation: Agencies have 90 days to conduct a “preliminary” review of their workforces to determine who should be moved into the new employee classification—a deadline that coincides with Jan. 19, the day before the next presidential inauguration.
The White House argued that the executive order is a necessary reform to ensure that federal officials can more efficiently remove “poor performers.”
Bugs Marlowe