Friday, October 23, 2020

Deconstructing America

President Trump on Wednesday signed an executive order creating a new classification of “policy-making” federal employees that could strip swaths of the federal workforce of civil service protections just before the next president is sworn into office.

Positions in the new Schedule F would effectively constitute at-will employment, without any of the protections against adverse personnel actions that most federal workers currently enjoy, although individual agencies are tasked with establishing “rules to prohibit the same personnel practices prohibited” by Title 5 of the U.S. Code. The order also instructs the Federal Labor Relations Authority to examine whether Schedule F employees should be removed from their bargaining units, a move that would bar them from being represented by federal employee unions.

[...]

The order sets a swift timetable for implementation: Agencies have 90 days to conduct a “preliminary” review of their workforces to determine who should be moved into the new employee classification—a deadline that coincides with Jan. 19, the day before the next presidential inauguration.

[...]

“The [1883] Pendleton Act is clearly in the sights of this executive order,” said Donald Kettl, the Sid Richardson professor at the University of Texas at Austin’s Lyndon B. Johnson School of Public Affairs. “It wants to undo what the Pendleton Act and subsequent civil service laws tried to accomplish, which was to create a career civil service with expertise that is both accountable to elected officials but also a repository of expertise in government. The argument here is that anyone involved in policymaking can be swept into this new classification, and once they’re in they’re subject to political review and dismissal for any reason.”

[...]

“This executive order strips due process rights and protections from perhaps hundreds of thousands of federal employees and will enable political appointees and other officials to hire and fire these workers at will,” [American Federation of Government Employees National President Everett] Kelley said. “Through this order, President Trump has declared war on the professional civil service by giving himself the authority to fill the government with his political cronies who will pledge their unwavering loyalty to him—not to America.”

  GovExec.com
Despicable. And just another reason why we need to do away with executive orders.

He's already fired too many.  He doesn't want to answer to anybody about it.
The House of Representatives is now considering a bill to amend the Inspector General Act to limit the reasons for which inspectors general can be fired and to require the president to produce documentation showing cause exists before firing any of them. That’s a good idea, even if there’s little chance the Republican-led Senate will consider it, and it may be challenged in court on constitutional grounds. Danielle Brian, executive director of the Project on Government Oversight, has offered another worthwhile suggestion, this one for whistleblowers. She urges Congress to give federal workers the right to press claims of whistleblower retaliation in jury trials. As for the civil service, I encourage Congress to shore up due process protections for career federal employees by guaranteeing all of them the right to seek independent review of major disciplinary actions against them, with ample time for processing their complaints and filing appeals.

[...]

I believe we need reform, yet there’s a limit to what laws can do. The Supreme Court has weakened the conflict-of-interest laws we have on the books. Trump and his Republican wrecking crew are ripping out the floorboards under the government ethics program. His administration has taught us the difference between theory and application and shown us what immunity to accountability looks like. What good are laws if no one in power will enforce them?

  NY Books
...but hey, do what you want...you will anyway.

No comments: