A group of Democratic lawmakers led by Rep. Gerry Connolly, D-Va., and Sen. Tim Kaine, D-Va., sent a letter on Monday to Office of Personnel Management (OPM) Director Kiran Ahuja to voice its support for a proposed rule that aims to protect career civil servants against a Trump-era Federal workforce policy known as “Schedule F.”
OPM proposed the rule in September, in an effort to put guardrails in place to protect the civil service system from another attempt at creating a new Schedule F for Federal employees – which would it easier to fire them.
The agency is accepting public comments on the proposed rule until Nov. 17 and then will issue a final rule.
“We fully support OPM’s proposed regulation as it would clarify and reinforce statutory protections for career civil servants and advance the importance of nonpartisan public service,” the lawmakers wrote in the Nov. 13 letter. “These efforts to strengthen civil service protections underpin a well-functioning merit system, which is critical to preserving our democracy.”
“This proposed rulemaking is an important first step to protect civil servants from the threat of politically motivated removal and ensure the civil service continues to rely on merits and expertise to deliver for the American people,” they continued.
Former President Donald Trump issued an executive order in October 2020 that created the “Schedule F” classification for Federal employees deemed to be in policy-making positions.
Democrats including Rep. Connolly led the charge against the implementation of the executive order, which would have made it easier to hire and fire employees put into the proposed Schedule F class, arguing that the order would have created a “patronage system” for Federal jobs.
President Biden canceled his predecessor’s order shortly after taking office in 2021.
“It is vital to the mission of every Federal agency that the career employees who execute daily operations be impartial and objective in their work without fear of politically motivated retaliation,” the lawmakers wrote. “As members of Congress, we understand the critical role of our civil servants and strongly support OPM’s efforts to uphold our country’s competitive civil service.”
The proposed rule would allow Federal employees to keep their existing job protections and clarify that these protections cannot be taken away unless the employee gives up these rights voluntarily.
It would also clarify the definition of positions that are “confidential, policy determining, policymaking, or policy-advocating” to mean non-career, political appointments – which are expected to turn over when a president’s term ends. These positions do not have civil service protections, and the rule intends to prevent that exception to those protections.
OPM is also proposing the establishment of procedural requirements for moving positions “from the competitive service to the excepted service and within the excepted service.” The agency said this change would create transparency and an appeals process for Federal employees.
In addition to Rep. Connolly and Sen. Kaine, Monday’s letter was also signed by Sens. Mark Warner, D-Va., Dick Durbin, D-Ill., Brian Schatz, D-Hawaii, Richard Blumenthal, D-Conn., Ben Cardin, D-Md., Chris Van Hollen, D-Md., and Reps. Don Beyer, D-Va., Abigail Spanberger, D-Va., Jennifer Wexton, D-Va., Eleanor Holmes Norton, D-D.C., André Carson, D-Ind., Jamie Raskin, D-Md., John Sarbanes, D-Md., Kweisi Mfume, D-Md., and David Trone, D-Md.
Similarly, Reps. Connolly and Brian Fitzpatrick, R-Penn., introduced the Saving the Civil Service Act in February, which would prevent the wholesale reclassifications of Federal employees without the consent of lawmakers. Sen. Kaine led the reintroduction of the anti-Schedule F companion bill in the Senate.
