U.S. Office of Personnel Management

Variations to Staffing Regulations

NOTICE AND POSTING SYSTEM

Notice No: 96 - 56 Washington, DC 20415
Date: October 25, 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 July 1, 1996, and September 30, 1996.

Extension of Term Appointments Beyond 4 Years

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

- On July 12, 1996, a 2-year extension was granted to an employee of the Department of Labor, International Labor Affairs Bureau, who participates in the design and implementation of technical and economic assistance activities in central and eastern European countries. The extension permits the agency to complete its obligation and commitment to its European clients.

- On July 12, 1996, a 6-month extension was granted for a Security Transactions Specialist, GG-1160-14, with the Federal Deposit Insurance Corporation to finalize details of a major tax exempt joint venture transaction.

- On July 16, 1996, a 90-day extension was granted for a Reality Specialist, GG-1170-13, with the Leasing and Insurance Unit of the Federal Deposit Insurance Corporation to complete a project with the administration, extension and closeout of former Resolution Trust Corporation leases.

- On July 22, 1996, a 1-month extension was granted for a Manpower Development Advisor, GS-0142-13, with the Department of the Interior who is assigned to the Agency for International Development's Bureau for Africa to complete certain studies he has been managing over the past year.

- On August 12, 1996, a 1-year extension was granted for a Geologist, GS-1350-9, with the Department of the Interior, U.S. Geological Survey, Menlo Park, California, to complete mapping of Mauna Loa and Kilauea Volcanoes and provide the data in a Geographic Information System format.

- On August 13, 1996, a 1-year extension was granted for an Outdoor Recreation Planner, GS-023-11, with the Department of the Interior, National Park Service, Philadelphia, Pennsylvania, to complete cooperative agreements involved with the selection and design of the American Battlefield Protection Program.

- On August 16, 1996, a 2-year extension was granted for a Geologist, GS-1350-11, with the Department of the Interior, U.S. Geological Survey, Vermont, to complete a cooperative mapping program with the State of Vermont that will result in a bedrock geologic map necessary for statewide and local use.

- On August 29, 1996, a 1-year extension was granted for a Geologist, GS-1350-11, with the Department of the Interior, U.S. Geological Survey, to provide operational and technical support involving habitat mapping projects for the Stellwagen Bank National Marine Sanctuary and Puerto Rico.

    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 nonpermanent nature of the work; and promotes Government efficiency by enabling expeditious continuation of the project through retention of employees already knowledgeable of the ongoing work.

 

Correction of Erroneous Appointments

3.   To correct an administrative error, a variation was granted to allow credit for career tenure and time-in- grade purposes for an employee whose appointment did not meet the requirements of the authority used. This variation involves an exception to the requirements 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 July 30, 1996, variation was granted to allow service credit for an employee of the Department of the Army, U.S. Army Medical Department Activity, Fort Huachuca, Arizona. On June 23, 1986, the agency erroneously appointed the individual as a Computer Operator, GS-332-7, based on eligibility under EO 12362. The appointment was invalid because the employee was not a family member of a uniformed service member as required under EO 12362. On May 12, 1996, the agency was able to properly appoint the employee to a Computer Assistant, GS-335-05.

    Although variations to statutory requirements cannot be granted, OPM has approved variations to permit improperly appointed employees to be retained and allowed service credit from the date of erroneous appointment to the date of proper appointment since so much time had passed that it was not possible to judge as to whether the individual could have been reached for competitive appointment.
     
4.   One variation was granted as an exception to 5 CFR 330.101 to permit retention of an employee whose appointment did not meet the requirements of the authority used:

- On July 12, 1996, variation was granted to permit the retention of an employee of the Department of the Army, I Corps and Fort Lewis, Fort Lewis, Washington. The employee was a non-citizen when initially appointed to a career-conditional position of EAM Operator, GS-359-1, on July 20, 1970. Although the employee became a U.S. citizen on March 13, 1996, the agency was unable to regularize the original appointment.

    Variation was the only way to avoid the extreme hardship of employment separation. Since OPM has no legal authority to modify the citizenship 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.
     
7.   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

Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830

Page created October 16, 1997