This morning, the Office of Personnel Management’s (OPM) Acting Director Charles Ezell issued a memorandum to all heads and acting heads of agencies entitled Guidance on Implementing President Trump’s Executive Order titled, “Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce”.
What is Schedule Policy/Career?
The memo provides “guideposts” for the characteristics of positions that agency heads should consider for reclassification to Schedule Policy/Career (see pages 2-3). Schedule Policy/Career restores an amended version of the federal employee classification “Schedule F” which was created by an October 2020 executive order. Schedule Policy/Career allows for certain federal employees, primarily those in policy-making positions or those involved in policy development, to be moved out of the traditional civil service system and into a new employment category with fewer job protections.
The memo also clarifies that Schedule Policy/Career positions will remain career positions not filled with any input from the White House Office on Presidential Personnel and that employees and applicants to these positions are not required to personally or politically support the current President or the politics of the current administration. However, they are “required to faithfully implement administration policies to the best of their ability. Failure to do so will be grounds for dismissal.”
Timeline and Appeal Rights
Agencies have 90 days to conduct a preliminary review of positions and submit petitions to OPM to recommend that the President place those positions in Schedule Policy/Career. (This deadline is set 90 days from President Trump’s January 20, 2025, executive order i.e. by April 20, 2025.) Agencies will then have an additional 120 days to finalize their review and submit any remaining petitions. Agencies may submit petitions on a rolling basis.
The OPM memo also states that the April 2024 rule “Upholding Civil Service Protections and Merit Systems Principles” was nullified and held inoperable by President Trump’s executive order and that the U.S. Merit Systems Protection Board lacks authority to hear appeals related to reclassification to Schedule Policy/Career. Despite this declaration, federal employees who are affected by reclassification should consult with a federal employment attorney on their legal rights.
We are closely monitoring these developments and will provide updates. If you would like to speak with an attorney about any of these orders and how they impact your career, please contact us for a consultation.