OPM, not the agency, is responsible for deciding on any discipline under the law. Image: Mark Van Scyoc/Shutterstock.com
Along with issuing final rules on the Fair Chance to Compete for Jobs Act, which sets policies for agencies in considering any criminal history in hiring decision, OPM has posted separate guidance outlining a special disciplinary scheme for officials who violate that law.
Under that law, in general a criminal record is not to be an automatic disqualifier and agencies generally are required to make tentative selections from among the highest-rated candidates who can comply with the requirements of the position. Criminal history might be disqualifying during the suitability determination phase, though, and some laws prohibit federal employment depending on the crime committed or type of position being sought.
In a question and answer document posted on chcoc.gov, OPM noted that the law created a system for applicants to allege violations of their rights, to be investigated by the individual agency involved. “Under ordinary circumstances” agencies should complete those investigations within 10 days and should report findings within 30 days to OPM, which then can order disciplinary actions.
The possible types of discipline reflect those under civil service law in general, it adds, but “notably the range of penalties includes some forms of penalty that are not” included in that law. “For example, a written warning issued under this section is an adverse action and is subject to the same procedures and retention period as any other records of adverse actions to include placement of the Standard Form 50 in the employee’s Official Personnel Folder.
OPM, not the agency, is responsible for deciding on any discipline, so agency practices such as the use of progressive discipline do not apply, it says. “Additionally, the Act and the regulations provide for civil penalties of various amounts depending on the violation. The term ‘‘civil penalty’’ is a form of monetary penalty on a covered agency employee which is separate and distinct from a suspension without pay,” it says.
While standard rights to appeal to the MSPB—including the right to appeal a fine—will apply, “there is no right to file an administrative grievance or a contractual negotiated grievance for the adverse action under a negotiated grievance procedure covered by a collective bargaining agreement between an agency and an exclusive bargaining representative for that agency,” it says.
OPM Guidance Addresses Pay Issues arising During, After Shutdown
Financial Impact of Shutdown Starts to Hit Home; WH Threatens No Back Pay
Threat of RIFs Hangs Over Federal Workforce as Shutdown Continues
Surge of Retirement Applications Is in the Pipeline, Says OPM
OPM Advises Agencies on Conducting RIFs During Shutdown
Shutdown Stalls Hegseth’s Reforms on Two Fronts as Pentagon Accelerates Cuts
See also,
5 Steps to Protect Your Federal Job During the Shutdown
Over 30K TSP Accounts Have Crossed the Million Mark in 2025
The Best Ages for Federal Employees to Retire