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Office of Personnel Management (OPM) carries out many important responsibilities for the President and the American people, but none is more important than our statutory responsibility to oversee civil service hiring that is based on merit after fair and open competition. In light of the historical origins of the civil service system, OPM plays an important role, as guardian of the merit system, when a Federal agency selects a political appointee for a permanent position in the civil service. Although political appointees may not be excluded from consideration for Federal jobs because of their political affiliation, they must not be given preference or special advantages.
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Pursuant to our oversight authority under section 1104(b)(2) of title 5, United States Code (U.S.C.) and section 5.2 of title 5, Code of Federal Regulations, OPM requires agencies to seek our approval prior to appointing any current or former political appointee to a permanent position (without time limits) in the civil service. A former or recent political appointee is someone who held a political appointment covered by OPM’s policy within the previous 5-year period.
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OPM’s oversight in this area safeguards merit system principles as well as fair and open competition free from political influence.
On March 18, 2016, Congress passed the Edward “Ted” Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (Transitions Improvements Act), requiring OPM to provide information about decisions we issue on agency requests to appoint current and former political appointees to covered title 5 civil service positions. This information is to be submitted on an annual basis and quarterly during the last year of a Presidential term or second consecutive term. The Transitions Improvements Act also defines “covered civil service position” in a manner that expands OPM’s pre-appointment review coverage and adds new data reporting requirements. To comply with the reporting requirements of the Transitions Improvements Act, this memorandum communicates a change to OPM’s policy, which previously excluded pre-appointment reviews of current or former political appointees selected to certain permanent appointments. Moving forward, OPM will review proposed selections of current or former political appointees to permanent positions involving noncompetitive and direct-hire appointments, under 5 C.F.R. In no case may an agency make an appointment of the type described below without written authorization from OPM:Ī. The appointment of a current or former political appointee as described under 5 U.S.C. sections 5312 through 5316 (relating to the Executive Schedule) to a permanent competitive service, non-political excepted service, or career Senior Executive Service (SES) position ī. The appointment of a current or former political Schedule A, Schedule C, or appointee who served in a political capacity under agency-specific authority in the Executive Branch to a permanent competitive service, non-political excepted service, or career SES position Ĭ.
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