OPM has proposed regulations to help agencies carry out an executive order issued by President Bush calling for the reinvestigation of individuals in positions of public trust, or those deemed to posses moderate to high “risk” by the agency head.
The order says that individuals in public trust positions are subject to reinvestigation under standards determined by OPM to ensure that their continued employment is appropriate.
According to the proposed rule, public trust positions would include policy making, major program responsibility, public safety and health, law enforcement duties, fiduciary responsibilities or those involving access or control of financial records, for example.
The rule – published in the November 3 Federal Register — calls for reinvestigation of individuals holding these positions every five years at minimum.
An agency’s decision on a reinvestigation will rarely result in a suitability action under this rule, OPM said.
It said that in most cases, the subject of a reinvestigation would have been employed by their agency for more than one year, meaning only OPM could take a suitability action.
Such an action could be based on material, intentional false statement, or deception or fraud in examination or appointment, refusal to furnish testimony, or a statutory or regulatory bar that prevents the lawful employment of the person.
Conduct that surfaces during a reinvestigation such as off-duty criminal conduct could form the basis for an adverse action, according to the proposed rule.
