U.S. Office of Personnel Management Variations to Staffing Regulations

NOTICE AND POSTING SYSTEM

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. The variations were granted in the spirit of Rule V, to promote Government efficiency and/or to avoid hardship to the employees/individuals involved.

Heads of Departments and Independent Establishments:

Extension of Term Appointments Beyond 4 Years

- On September 27, 1996, a 2-year extension was granted for an International Relations Officer, GS-0131-13, of the Department of Labor, International Labor Affairs Bureau. This employee will continue serving as African Area Advisor to South Africa and as Asian Area Advisor on the Human Relations Committee, Asian Pacific Economic Coordination.

- On September 27, 1996, a 1-year extension was granted for a Secretary (OA), GS-318-06, with the Department of the Interior, working for the Project Coordinator of the White House Comprehensive Design Plan. This project is scheduled to be completed at the end of November 1997.

- On October 21, 1996, a 1-year extension was granted for a Management Analyst, GS-0501-13, with the Federal Deposit Insurance Corporation, in the Office of the Inspector General. The employee will continue to assist the Department of Justice, Fraud Section, with its special investigation.

- On November 6, 1996, a 6-month extension was granted for a Physical Scientist, GS-1301-9, and an Electronics Engineer, GS-855-11, with the Department of the Interior, enabling these employees to complete their research work in support of the Florida Wetlands Project.

- On December 11, 1996, a 2-year extension was granted for a Total Quality Management Implementation Specialist, GS-301-14, working with the Department of the Navy. This extension will facilitate the completion of the Total Quality Leadership Training Program as planned.

- On December 17, 1996, a 7-month extension was granted to the Department of the Interior for a Landscape Historian, GS-170-12, enabling the employee to complete research essential to the approval nominations of six additional National Historic Landmark sites.

Correction of Erroneous Appointments

- On November 7, 1996, variation was granted to allow retention and full service credit for an employee of the Department of the Treasury, Office of Thrift Supervision (OTS). On October 1, 1995, the agency erroneously appointed the individual as a Chief, Dissemination, TG-301-20 to a career-conditional appointment. The employee had transferred from the Department of Justice on a term appointment but a term appointment does not confer competitive status. After the error was discovered, it was determined that the employee would have been within reach competitively for the position at the time the error occurred. Full service credit was granted from the date of the initial appointment.

- On December 11, 1996, variation was granted to allow full service credit for two employees of Defense Logistics Agency. The agency erroneously effected veterans readjustment appointments (VRA) for both employees and neither met the statutory provision for VRA eligibility. After discovering its error, the agency was able on June 23, 1996, and September 1, 1996, to properly appoint each of the two employees to career-conditional appointments.

Appointment at Above the Minimum Rate
Based on Superior Qualifications

- On October 17, 1996, variation was granted to permit pay adjustment from the first to the tenth step of grade 15 for a Regional Administrator with the Small Business Administration. While awaiting security clearance, the employee was hired with an interim title and salary, but promised that when the clearance was completed the salary would be GS-15/10. The employee was cleared and appointed as Regional Administrator but the salary was never adjusted. Based upon the employee's demonstrated qualifications, a variation was the only way to relieve hardship for the employee and adjust the salary to the rate that had been promised and would have been authorized but for the Agency's error.

- On October 17, 1996, variation was granted to permit pay adjustment from the first to the fifth step of grade 11 for an Occupational Health Nurse with the Department of Agriculture's Office of Operations, Medical Services Unit. Because of administrative oversight, the agency did not obtain the mandatory prior approval from their personnel office of the promised higher step before the employee entered on duty. Variation was the only way to avoid hardship for the employee and recognize that a timely request for her appointment at an advanced rate would have been approved.

Public Notice Requirements Under Career
Transition Assistance Regulations

- On December 31, 1996, variation was granted to permit without advertising vacancies, the Department of Health and Human Services, Health Care and Finance Administration (HCFA) to rehire former employees who have retired from HCFA and seek reemployment back to the agency, within 1 year of their separation date. Through this trial retirement program, the agency has an obligation to rehire an annuitant who wants to return within the year. The requirement to advertise the vacancy and select a displaced employee from another agency would negate the programs purpose and work against the agency's efforts to downsize and streamline. A variation is required to 5 CFR 303.706(b) to accomplish this, because the interim ICTAP regulation require agencies to report all competitive service positions when accepting applications from individuals outside the agency. A retired employee is outside the agency.

[SIGNED]

James B. King
Director

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

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Page created October 16, 1997