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U.S. Office of Personnel ManagementVariations to Staffing Regulations |
| Notice No: 95 - 59 | Washington, DC 20415 |
| Date: August 17, 1995 |
Notice of OPM Variations
AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION REQUESTS. Section 5.1 of civil service rule V requires the Office of Personnel Management to inform agencies about variations which it grants under that rule.
Heads of Departments and Independent Establishments:
1. This notice describes non-precedent-setting variations to staffing regulations granted between April 1, 1995, and June 30, 1995.
Extension of Term Appointments Beyond 4 Years
2. Three variations were granted to the 4-year service limit for term appointments contained in 5 CFR 316.301:
- On May 24, 1995, variation was granted to permit extension of a term appointment for 90 days beyond the regulatory 4-year limit for a Financial Management Specialist, GS-1160-14, with the Resolution Trust Corporation in Washington, DC. The incumbent was engaged in litigation recoveries from an investment banking company.
- On June 1, 1995, variation was granted to permit the extension of a term appointment for 1- year beyond the regulatory 4-year limit, for a Geologist, GS-1350-11 with the Department of the Interior, U.S. Geological Survey, who was working with NASA on a space program designed to study the earth's natural resources and hazard problems.
- On June 1, 1995, variation was granted to permit a 1 year extension beyond the regulatory limit of a term appointment for a Geologist, GS-1350-11, with the Department of the Interior, U.S. Geological Survey, Los Angeles, CA. The employee was working on a project involving the study of earthquake recurrence in the San Francisco Bay area.
These variations avoid unnecessary hardship to the agency that disruption to the projects in which the employees are involved would cause, if staff changes must occur now; are within the spirit of the term appointment regulation by extending the employment in a manner consistent with the project nature of the work; and promote Government efficiency by enabling expeditious continuation of the projects through retention of employees already knowledgeable of the ongoing work.
Correction of Erroneous Appointments
3. One variation was granted to permit retention of an employee whose appointment did not meet the requirements of the authority used. Such a variation involved an exception to the requirement of 5 CFR 330.101, that positions in the competitive service be filled by one of the methods authorized in civil service law and regulations:
- On April 14, 1995, variation was granted to permit the retention of an employee of the Department of Agriculture, Natural Resources Conservation Service, Albany, New York. The employee, a Civil Engineer, GS-810-5, had been given an erroneous direct-hire appointment on May 29, 1994, based on an expired direct-hire appointing authority. This appointment could not be corrected through the normal competitive process.
Variation was granted to alleviate the unnecessary hardship of separating the employee who was not at fault in the erroneous personnel action. To protect the integrity of the competitive service, service credit for career tenure and time-in-grade was granted only from the effective date of the variation.
4. One variation was granted as an exception to 5 CFR 330.101 for an employee whose appointment did not meet the requirements of the authority used:
- On June 8, 1995, variation was granted to permit the retention of an employee of the Department of the Navy, Naval Undersea Warfare Center, Keyport, Washington. The employee was a non-citizen when initially appointed to a temporary position on February 6, 1979, as a Laborer, WG-3502-2. The agency subsequently effected a career-conditional appointment on March 25, 1981, though the employee did not become a U.S. citizen until October 20, 1994.
Variation was the only way to avoid the extreme hardship of employment separation. Since OPM has no legal authority to modify the citzenship requirements for the competitive service set by Executive order, credit for career tenure and time-in-grade could only be granted from the date of citizenship.
5. Section 5.1 of civil service rule V requires that like variations be granted in like circumstances. Therefore, if an agency believes it has a case which parallels one of those described in this notice, a variation may be requested. Agencies are reminded, however, that variation is appropriate only when no other authority exists to remedy the hardship or practical difficulty. All requests for variation must be sent through the headquarters of the agency or department involved and must be transmitted to the Office of Personnel Management for final action. Agencies do not have authority to approve variations.
[SIGNED]
Lorraine A. Green
Deputy Director
Distribution: Former Basic FPM
Inquiries: Staffing Reinvention Office
Employment Service (202) 606-0830
Page created October 16, 1997