U.S. Office of Personnel Management

Variations to Staffing Regulations

NOTICE AND POSTING SYSTEM


Notice No: 96 - 21         Washington, DC 20415
Date: May 3, 1996  


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 January 1, 1996, and March 31, 1996.

Extension of Term Appointments Beyond 4 Years

2.   Five variations were granted to the 4-year service limit for term appointments contained in
5 CFR 316.301:

- On February 5, 1996, a 6-month extension was granted for 19 employees, Heavy Mobile Equipment Mechanics, with a duty location at Eglin Air Force Base, Florida. These employees serve as support personnel to major Air Force and Army special programs.

- On March 22, 1996, a 1-year extension was granted for an employee serving as Director, Software Management Branch, an Executive Level I position, at the Federal Deposit Insurance Corporation (FDIC), in Washington, DC. This employee's services are needed to insure that Resolution Trust Corporation (RTC) programs be successfully integrated into FDIC's business environment.

- On March 22, 1996, a 9 1/2-month extension was granted for an Associate Director for Equal Employment Opportunity, an Executive Level I position, at FDIC, Washington DC, to assist with the FDIC/RTC transition.

- On March 25, 1996, a 1-year extension was granted for a Geophysicist, GS-1313-13, with the Department of the Interior, U.S. Geological Survey's Earthquake Hazards Team, Pasadena, California, to complete a particular phase of the project.

- On March 25, 1996, a 2 1/2-year extension was granted for a Program Assistant, GS-303-7, with the Department of Veterans Affairs' Maryland Health Care System, Perry Point, Maryland. This employee is assisting in the completion of a digitalis study involving congestive heart failure.

    In keeping with the variation criteria and precedents, each of these variations: avoids unnecessary hardship to the agency that disruption to the project/work in which the employee is involved would cause, if staff change must occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the temporary nature of the work; and promotes Government efficiency by enabling expeditious continuation of the work through retention of employees already knowledgeable of the ongoing work.

Correction of Erroneous Appointments

3.   Two variations were granted, as an exception to 5 CFR 330.101, to permit retention of two employees whose appointments did not meet the requirements of the authority used and whose appointments could not be regularized by their agencies:

- On February 5, 1996, variation was granted to permit the retention of an employee of the National Aeronautics and Space Administration, Headquarters, Washington, DC. The employee, a non-citizen, was erroneously appointed as an Office Automation Clerk, GS-326-3, under a direct-hire authority, on December 13, 1992. The employee became a citizen on March 10, 1995. This appointment could not be corrected through the normal competitive process.

- On March 21, 1996, variation was granted to permit the retention of an employee of the Defense Commissary Agency, a part-time Sales Store Checker, GS-2091-03, at Langley AFB, VA. The employee was appointed under the provisions of E.O. 12721, which permits noncompetitive appointment of military spouses who have at least 52 weeks of overseas service. This employee did not meet that requirement, and the agency was not able to regularize the appointment.

    In both cases, variation was granted to alleviate the unnecessary hardship of separating the employee who was not at fault in the erroneous personnel action. However 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:

- On March 25, 1996, variation was granted to permit the retention and full service credit for an employee of the Department of the Army, U.S. Army Corps of Engineers, Sacramento, CA. This employee was erroneously reinstated in 1981, to a career conditional appointment in a different agency. The Army accepted the employee's transfer from that agency and subsequently discovered the error, 15 years later. The Army has not been able to regularize the employee's appointment.

    Variation was the only way to avoid the extreme hardship of separation. Following established precedent that treats old administrative errors, the variation permitted retention of the employee and also allowed full service credit from the date of appointment. Since so much time has passed from the date of appointment, it was not possible to judge if the individual could have been reached for competitive appointment.
     
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



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