The Merit Systems Protection Board recently found it could
not hear the appeal of an individual who was not selected for
a position with the Department of Homeland Security. Though
the Office of Personnel Management may delegate decision
making authority concerning hiring decision to the hiring
agency, OPM retains decision making authority in certain
cases involving suitability determinations.
Though the Board typically entertains appeals of suitability
determinations, it may do so only when the agency that made
the determination acted within the scope of its delegated
authority. Here, because OPM was the proper authority to make
the challenged finding, and not the Department of Homeland
Security, the Board lacked the authority to hear the
individual’s appeal.
The full text of the decision can be found here: