Federal Daily - October 7, 2008

NTEU to Argue Before Appeals Court on Hiring Program

A federal appeals court will allow National Treasury Employees Union (NTEU) attorneys to participate in oral arguments in a lawsuit that could significantly change merit-based civil service competitive hiring practices. The hearing, set for Oct. 10 before the U.S. Court of Appeals for the Federal Circuit, involves Gingery v. Department of Defense (No. 2007-3292), in which NTEU has filed a friend-of-the-court brief. The move to allow NTEU to assist in oral arguments is unusual because generally only the formal parties to a case are permitted to take part in oral argument. The case revolves around the growing use by federal agencies of the Federal Career Intern Program (FCIP), which has been characterized as a limited-use, narrow-focus program aimed at providing structured, two-year training and development internships. However, the FCIP is not really limited in scope, the lawsuit alleges, because federal agencies have warmly embraced—and increasingly used—the program. From 2004 to 2007, FCIP hires increased by 147 percent—from 6,800 positions to 17,000 positions, NTEU said. During that same period, the number of merit-based federal hires increased by a mere 2 percent, the union said. “FCIP has become the tool of choice to circumvent competitive hiring practices,” NTEU President Colleen M. Kelley said. “It narrows the applicant pool, forecloses opportunities for promotion and creates a perception of unfair and arbitrary treatment.” The Gingery case alleges that the FCIP violates long-standing statutory provisions that require the use of competitive-hiring procedures, and that its use violates veterans’ preference rights, NTEU said. The complaint was filed by a federal job applicant who alleges he was passed over for a position in favor of two FCIP hires and that he did not receive his full veterans’ preference rights. Separately, NTEU has sued the Office of Personnel Management (OPM) challenging the legality of its FCIP regulations. That lawsuit, NTEU vs. Springer, is pending in the U.S. District Court for the District of Columbia, awaiting the court’s ruling on OPM’s motion to dismiss the case on procedural and jurisdictional grounds. To see more, go to: www.nteu.org.

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DNI: Data Sharing Now Part of Annual Appraisals

Federal employees who handle terrorism-related information will be evaluated in their annual performance appraisals on how well they share that information with other cleared federal agencies, Director of National Intelligence (DNI) John M. (Mike) McConnell announced Oct. 6. In a memo, DNI said that the new federal policy aims to increase the sharing of terrorism-related information among a select number of federal employees by making such exchanges a factor in annual performance appraisals. The policy applies to federal agencies that are members of the Information Sharing Council, employees who are responsible for sharing the information, and federal support employees. Among other steps, the policy directs agencies to work with their human resources departments to add items about information-sharing skills and behaviors to performance appraisals. Competencies in this area will also be added for specific job categories. Authorities expect the changes to take effect beginning with the Fiscal Year 2009 review cycle. The official guidance, Inclusion of Information Sharing Performance Evaluation Element in Employee Performance Appraisals, was released late last month by the Office of the Program Manager for the Information Sharing Environment and the Office of Personnel Management (OPM). Michael W. Hager, OPM’s acting director, said: “Our human capital officers stand ready to assist agencies as they implement these new performance standards.” The Information Sharing Council includes the Central Intelligence Agency; Federal Bureau of Investigation; departments of Defense, Energy, Homeland Security, Justice, State and Transportation; and the offices of the DNI and Management and Budget. To see more, go to: www.dni.gov/press_releases/20081006_release.pdf. 

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MHS Seeks Feedback on Military Health Care

DoD announced Oct. 2 that the Military Health System (MHS) is seeking feedback from servicemembers and their families on how well MHS delivers its health care services. To make it easier for servicemembers and their families to reply, MHS has posted two questionnaires online—one for wounded, ill or injured service members, and one for their family members. The questionnaires are now available and will remain open for completion until Oct. 15, MHS said in a statement. “These questionnaires are part of Defense Secretary Robert Gates’ commitment to supporting wounded, ill and injured service members—ensuring that their care is DoD’s top priority,” said S. Ward Casscells, assistant secretary of defense for health affairs. All survey responses will remain anonymous. Analysis and results of the survey will be available in November 2008, at www.health.mil. To see more, go to: www.defenselink.mil/releases/release.aspx?releaseid=12257.

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