Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles

This executive order directs federal agencies to make it easier to remove poor-performing or misconduct-prone civilian employees by streamlining disciplinary procedures, limiting opportunity periods for improvement to 30 days, eliminating requirements for progressive discipline, and restricting union grievance procedures over removals. It mandates data collection on adverse personnel actions and requires OPM to issue implementing regulations and guidance.

Federal Register Open PDF 83 FR 25343

Impact dates

Date TBD
Government-wide supervisor education initiative (Section 7d)
Date TBD
OPM Director submits report evaluating effects of final rules (Section 7c)
Jul 24, 2018
OPM Director issues guidance on data collection implementation (Section 6d)
Jul 9, 2018
OPM Director examines existing regulations and proposes new ones (Section 7a)
Jul 9, 2018
Agency heads revise discipline/performance policies where no new OPM regs required (Section 7b-i)
Jul 9, 2018
Agency heads further revise policies to conform to new final OPM regulations (Section 7b-i)
Jun 24, 2018
Agency head provides explanation to President for CBA failing to exclude removal disputes from grievance procedures (Section 3)

Key directives

Limit performance improvement opportunity periods to minimum sufficient time, generally not exceeding 30 days
Eliminate requirement for progressive discipline; tailor penalties to facts
Allow consideration of full disciplinary and work history, not just similar past misconduct
Issue removal decisions within 15 business days after employee reply period ends
Limit written notice of adverse action to 30 days under 5 U.S.C. 7513(b)(1)
Use Chapter 75 procedures for unacceptable performance cases
Prioritize performance over seniority in reduction-in-force decisions after implementing regulations
Exclude removal disputes from negotiated grievance procedures where reasonable
Prohibit agreements limiting use of Chapter 75 for performance, requiring Chapter 43 procedures first, or requiring progressive discipline
Prohibit erasing or withholding performance/conduct information from personnel files
Collect and publish annual data on adverse personnel actions
Examine regulations and propose new ones within 45 days

Who is ordered

Timeline

Immediate

EO effective upon signing May 25, 2018
Agencies must begin consulting with labor representatives

Near term (90d)

OPM Director must issue guidance on data collection (by July 24, 2018)
OPM Director must examine existing regulations and propose new ones (by July 9, 2018)
Agency heads must revise discipline/performance policies where no new OPM regs needed (by July 9, 2018)
Agency heads must provide explanation to President for any collective bargaining agreement failing to exclude removal disputes from grievance procedures, within 30 days of adoption

Long term

OPM Director must submit report to President evaluating rule effects within 15 months of final rule adoption
Government-wide supervisor education initiative after final rules adopted
Annual adverse action data reporting begins FY2018 and continues thereafter
Agencies must renegotiate collective bargaining agreements inconsistent with EO or final OPM regulations

Risks & tensions

Likely to generate significant federal labor union litigation challenging collective bargaining restrictions
Vague 'to the extent practicable' and 'to the extent consistent with law' language creates implementation uncertainty
Potential tension with merit system principle of equitable treatment (Section 2c) versus individualized discretion
Data publication requirements may conflict with privacy protections; OPM has broad withholding authority
15-month report deadline depends on uncertain final rule adoption date
'Within a reasonable amount of time' for supervisor education is undefined