OPM Orders Agencies to Submit Data on “Low Performers”
The Trump Administration ordered agencies to turn over data employee performance and identify any barriers that exist to removing them as part of its bid to remake the federal workforce.
In a new memo, Office of Personnel Management (OPM) Acting Director Charles Ezell said agencies must submit information on any employee who received less than a “fully successful” performance rating in the past three years, by Friday, March 7.
“Fully successful” is the middle level in the five-level rating system commonly used in federal agencies, although some agencies use different ratings systems. According to FedWeek, only low single-digit percentages of federal workers are rated in the two lower categories, “minimally successful” and “unacceptable.”
The submitted information on lower rated employees must include:
Name, job title, pay plan, series, grade, agency, component, and duty station;
Whether that employee is under or successfully completed a performance improvement plan within the last 12 months;
Whether the agency has already proposed and issued a decision under Chapter 43 or 75, or equivalent procedures, and the outcome of any such decision (both chapters provide procedures for performance appraisal) ;
Whether the action is currently appealed or challenged and under what procedures (e.g., U.S. Merit Systems Protection Board, grievance-arbitration, U.S. Equal Employment Opportunity Commission, etc.), and any outcome.
In addition, agencies must identify any barriers to ensuring that “agency performance plans make meaningful distinctions based on relative employee performance” and that “the agency has the ability to swiftly terminate poor performing employees who cannot or will not improve.”
In the memo OPM Acting Director Ezell says OPM is developing new performance metrics that align with President Trump’s executive orders on the federal workforce and that the data will help the administration develop such metrics.
He also notes the data collection is a nod to “reforming the federal workforce to prioritize merit and excellence.”
Former deputy assistant attorney general for policy, management and procurement at the Department of Justice Arthur Gary disagreed, particularly with the use of chapter 43 of Title 5 as a basis for removing workers.
“Chapter 43 is designed to improve performance, and that’s why it’s inefficient for removing people,” Gary said during a webinar hosted by the Partnership for Public Service. “It requires a performance improvement plan. It requires the opportunity to improve.”
OPM was not clear with what will happen to the “low-performing employees” and whether there will be a timeline for their removal from federal service.
