Managers, supervisors and Personnelists are
delegated the authority to take personnel actions from a number of legal and regulatory
documents. The documents, known as the "Sources of Authority," include:
- United States Code (USC)
- Code of Federal Regulations (CRF)
- Executive Orders (EO) by the President and his/her administration
- Office of Personnel Management Instructions (OPM Inst.)
- Secretarial Orders
- Departmental Manual Chapters
- Personnel Bulletins
- Personnel Handbooks
- Personnel Memorandums
It is usually not enough to just review these documents to determine the full
requirements for taking an action. Many appelate organizations review the appropriateness
of actions that have been taken, and issue findings that become binding (or instructive)
on the action in question, as well as any similar actions (including future ones).
These "third party reviews" include rulings by:
- the Merit System Protection Board (MSPB)
- the Equal Employment Opportunity Commission (EEOC)
- Arbiters under grievance procedures
- the General Accounting Office (GAO)
- the Courts (including the Federal and Supreme Courts)
These rulings help federal agencies
"interpret" the meaning and "spirit" of law or regulation, as intended
by whoever developed and implemented it (Congress, Office of Personnel Management,
Department of the Interior, National Parks Service, etc.). To be sure a personnel action
meets all requirements, a complete case review should be conducted which includes
researching the appropriate sources of authority and third party rulings. |