CPM 2004-17 - September 10, 2004
MEMORANDUM FOR HEADS OF EXECUTIVE
DEPARTMENTS AND AGENCIES
FROM:
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KAY COLES JAMES Director
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SUBJECT:
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Hurricane Ivan
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The southeastern portion of the United States is bracing for Hurricane Ivan,
the latest in a series
of storms that have devastated Florida and the East Coast. As you know, many
people in the
Southeast continue to suffer from the aftermath of Hurricanes Charley and Frances.
If Hurricane
Ivan follows the currently predicted path and makes landfall in the U.S. over
the next few days,
those already attempting to recover from the earlier devastation will be faced
with additional
potentia1 1oss and destruction. Many parts of the Federal Government are already
being mobilized to respond to this disaster and to assist you in those relief
and recovery efforts, I want to:
- advise you of the actions the Office of Personnel Management (OPM) is taking
with respect to Hurricane Ivan and its aftermath; these actions are consistent
with our guidance in previous natural disasters such as Hurricanes Charley
and Frances earlier this year; and
- remind you of the various human resources (HR) flexibilities already available
to you to immediately hire and/or deploy additional staff to respond to this
disaster.
As referenced in my memo last week in response to Hurricane Frances, and consistent
with the President’s recognition of the generosity and responsiveness
of his team of Federal employees, I strongly encourage managers to grant excused
absence to employees who are requested to assist in emergency law enforcement,
relief, and clean-up efforts in affected communities authorized by Federal,
State, or other officials having jurisdiction and whose participation in such
activities has been approved by their employing agency. (This policy does not
apply to Federal employee members of the National Guard or Reserves who are
called up to assist in disaster relief and recovery efforts, since they are
entitled to military leave under 5 U.S.C. 6323(b).) In addition, I am requesting
that excused absence be granted to employees who are prevented from reporting
for work or faced with a personal emergency because of the hurricane and its
aftermath and who can be spared from their usual responsibilities.
Premium Pay for Employees Performing Emergency Overtime Work
Agencies are reminded of their authority under the law (5 U.S.C. 5547(b)) and
OPM regulations (5 CFR 550.106) to make exceptions to the biweekly premium pay
limitations. When the head of an agency or his or her designee determines that
an emergency posing a direct threat to life or property exists, an employee
who is receiving premium pay for performing overtime work in connection with
the emergency will be subject to an annual pay limitation rather than the biweekly
pay limitation (with the exception of certain fixed premium payments, such as
availability pay, as specified in 5 CFR 550.107). Employees paid under an annual
limitation receive premium pay only to the extent that the aggregate of basic
pay and premium pay for the calendar year does not exceed the greater
of the annual rate for:
- GS-15, step 10 (including any applicable special salary rate or locality
rate of pay), or
- level V of the Executive Schedule.
(Section 1114 of Public Law 107-107, December 28, 2001, modified the biweekly
and annual limitations on premium pay under 5 U.S.C. 5547. For additional information
on administering the annual premium pay limitation, see OPM’s interim
regulations on premium pay limitations at 67 FR 19319, April 19, 2002, or http://www.opm.gov/fedregis/2002/66-0019319-a.htm.)
I encourage you to exercise this authority in the case of any employee who
performs emergency overtime work in connection with Hurricane Ivan and its aftermath.
You must make the determination as soon as practicable and make entitlement
to premium pay under the annual limitation effective as of the first day of
the pay period in which the emergency began.
Special Solicitations for Charitable Contributions During Emergencies and Disasters
The Director of OPM may grant permission for special solicitations of Federal
employees, outside of the Combined Federal Campaign (CFC), in support of victims
in cases of emergencies and disasters. All requests must be made in writing
and sent to the attention of the Director. The request should include the following:
information on the agency(ies) and location(s) where the special solicitation
will be conducted; dates on which the special solicitation will be conducted,
and; information on the charitable organization(s) that will be the recipient
of special solicitation funds. Because a special solicitation is not a part
of the CFC, employees may give only through cash or check and may not use payroll
deduction. At this time, the CFC season is beginning in many areas. Federal
employees may also contribute to local relief efforts through their participation
in the CFC. Employees may designate their payroll deduction or make a cash/check
contribution to the organization of their choice. For access to frequently asked
questions and answers on special solicitations, please visit http://www.opm.gov/cfc.
Emergency Leave Transfer Program
The President may direct OPM to establish an emergency leave transfer program
to assist employees affected by an emergency or major disaster. The emergency
leave transfer program would permit employees in an executive agency to donate
unused annual leave for transfer to employees of the same or other agencies
who have been adversely affected by the hurricane and who need additional time
off from work without having to use their own paid leave. If you believe there
is a need to establish an emergency leave transfer program to assist employees
affected by Hurricane Ivan, please contact your OPM Human Capital Officer.
Emergency Critical Hiring
Under 5 CFR 213.3102(i)(2), you may make 30-day appointments in the excepted
service to fill a critical hiring need. You may extend these appointments for
an additional 30 days. You may use this authority to fill Senior Level positions,
as well as positions at lower grades; you also determine what qualifications
are required. Career Transition Assistance Plan (CTAP), Reemployment Priority
List (RPL), and Interagency CTAP (ICTAP) requirements under 5 CFR part 330 do
not apply to these appointments.
Direct-Hire Authority
This authority allows you to appoint candidates directly where OPM determines
there is a critical hiring need, or a shortage of candidates, for particular
occupations, grades (or equivalent), and/or geographic locations. This authority
can be Governmentwide or limited to one or more specific agencies depending
on the circumstances.
OPM has granted Governmentwide direct-hire authority for GS-0602 Medical Officers,
GS-0610 and GS-0620 Nurses, GS-0647 Diagnostic Radiologic Technicians, and GS-0660
Pharmacists at all grade levels and all locations; and for GS-2210 Information
Technology Specialists (Information Security) positions at GS-9 and above, at
all locations, in support of Governmentwide efforts to carry out the requirements
of the Government Information Security Reform Act and the Federal Information
Security Management Act.
You may give individuals in the categories, occupations and specialties, and
grades listed above competitive service career, career-conditional, term, temporary,
or emergency indefinite appointments, as appropriate. In all cases, you must
adhere to public notice requirements in 5 U.S.C. 3327 and 3330, and ICTAP requirements.
If you feel you have one or more occupations for which an agency-specific direct-hire
authority may be appropriate in support of Hurricane Frances relief and recovery
efforts, please contact your OPM Human Capital Officer.
Other Flexibilities
You may contract with private sector temporary employment firms for services
to meet your emergency staffing needs. These contracts may be for 120 days and
may be extended for an additional 120 days, subject to displaced employee procedures.
You may make competitive service appointments for 120 days or less without
clearing CTAP or ICTAP. However, these programs may help you identify one or
more well-qualified, displaced Federal employees who are available for immediate
employment.
Current/former employees on your agency RPL are another immediate source of
qualified individuals available for temporary, term, or permanent competitive
service appointments. Conversely, in some cases, you may wish to make an exception
to the RPL provisions to appoint someone else under 5 CFR 330.207(d).
For additional information on any of these flexibilities, agency Chief Human
Capital Officers and/or Human Resources (HR) Directors may contact their assigned
OPM Human Capital Officer. Employees should contact their agency human resources
offices for assistance.
cc: Chief Human Capital Officers
Human Resources Directors