The Trump administration has unveiled a new rule intended to simplify the process of terminating federal employees for serious misconduct. The aim is to cut through existing bureaucratic hurdles that often impede such actions.
The Office of Personnel Management (OPM) announced the proposed amendments to federal government personnel vetting and adjudicative processes on Monday, opening them for public comment. According to the rule, the objective is to enhance the efficiency, rigor, and timeliness of how OPM and other agencies vet individuals for potential risks to the integrity and efficiency of public service. A key aspect of the rule is to ensure that current federal employees who engage in serious misconduct are subject to the same suitability procedures and actions as applicants for federal employment.
OPM stated that this new rule aligns with President Trump’s “Implementing the Department of Government Efficiency Workforce Optimization Initiative” and the Presidential Memorandum, “Strengthening the Suitability and Fitness of the Federal Workforce.” The rule will grant federal agencies “broader authority” to “flag conduct” occurring after an employee is hired. This includes behaviors such as tax evasion, the leaking of sensitive information, and other actions deemed “inconsistent with the public trust.”
Chuck Ezell, OPM’s Acting Director, emphasized that agencies have long faced excessive red tape when attempting to remove employees who have violated public trust. He stated that this proposed rule will ensure that misconduct has consequences, reinforcing the principle that public service is a privilege, not a right.
Under the new regulations, federal agencies will have the ability to refer specific cases to OPM, requesting “suitability action” against employees believed to have engaged in post-appointment misconduct warranting disciplinary measures.
Currently, as reported by Fox News Digital in 2023, the majority of the federal workforce holds positions that are not “at-will,” meaning employees can generally only be terminated for specific reasons like misconduct, poor performance, medical inability, or a reduction in force. Furthermore, federal employees are typically entitled to extensive due process rights during termination proceedings, which can make it a complex and time-consuming process for agencies to remove a worker.
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