CPM 2004-15 - August 13, 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 Charley
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I am deeply concerned about the potential loss and destruction that Hurricane
Charley and its aftermath may cause to areas of Florida and the East Coast,
especially following so closely to Tropical Storm Bonnie. Many parts of the
Federal Government are 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 OPM is taking with respect to Hurricane Charley
and its aftermath; these actions are consistent with our guidance in previous
natural disasters such as Hurricane Isabel last 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.
President Bush recognizes the generosity and responsiveness of his team of
Federal employees, and I strongly encourage managers to grant excused absence
to employees who are requested to assist in authorized emergency law enforcement,
relief, and clean-up efforts in affected communities 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:
- (1) GS-15, step 10 (including any applicable special salary rate or locality
rate of pay),
or
- (2) 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 Charley 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.
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 Charley, 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 Charley 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