CPM 2003-20
December 23, 2003
MEMORANDUM FOR HEADS OF DEPARTMENTS AND AGENCIES
FROM:
|
KAY COLES JAMES
Director
|
SUBJECT:
|
Earthquake in Central California
|
I am deeply concerned about the losses and destruction caused by the earthquake
centered in Paso Robles, California, which has resulted in at least two deaths,
severe property damage, and widespread power outages. Many parts of the Federal
Government are being mobilized to respond to this disaster. To assist you in
those relief and recovery efforts, I want to--
- advise you of actions OPM is taking in response to the earthquake and its
aftermath (consistent with our guidance in previous natural disasters such
as the California wildfires earlier this year); and
- remind you of the various human resources (HR) flexibilities already available
to you to immediately hire and/or deploy additional staff to respond to this
disaster.
Excused Absence
I am asking heads of departments and agencies to excuse from duty without charge
to leave or loss of pay employees who have been affected by the earthquake (and
its aftermath) and who can be spared from their usual responsibilities. Specifically,
I am requesting that excused absence be granted to employees who have been requested
to assist in authorized emergency law enforcement, relief, or clean up efforts
by Federal, State, or other officials having jurisdiction and whose participation
in such activities has been approved by their employing agency. (This policy
does not apply to Federal employee members of the National Guard or Reserves
who are called up to assist, since they are entitled to military leave under
5 U.S.C. 6323(b).) In addition, I also am requesting that employees who are
prevented from reporting for work or faced with a personal emergency because
of the earthquake and its aftermath be granted excused absence.
Premium Pay for Employees Performing Emergency Overtime Work
Agencies are reminded of their authority under the law (5 U.S.C. 5547(b)) and
OPM regulations (5 CFR 550.106) to make exceptions to the biweekly premium pay
limitations. When the head of an agency or his or her designee determines that
an emergency posing a direct threat to life or property exists, an employee
who is receiving premium pay for performing overtime work in connection with
the emergency will be subject to an annual pay limitation rather than the biweekly
pay limitation (with the exception of certain fixed premium payments, such as
availability pay, as specified in 5 CFR 550.107). Employees paid under an annual
limitation receive premium pay only to the extent that the aggregate of basic
pay and premium pay for the calendar year does not exceed the greater of the
annual rate for--
- GS-15, step 10 (including any applicable special salary rate or locality
rate of pay), or
- level V of the Executive Schedule.
For additional information on administering the annual premium pay limitation,
see OPM's interim regulations on premium pay limitations at 67 FR 19319, April
19, 2002, or http://www.opm.gov/fedregis/2002/66-0019319-a.htm.)
I encourage you to exercise this authority in the case of any employee who
performs emergency overtime work in connection with the earthquake or its aftermath.
You must make the determination as soon as practicable and make entitlement
to premium pay under the annual limitation effective as of the first day of
the pay period in which the emergency began.
Emergency Leave Transfer Program
The President may direct OPM to establish an emergency leave transfer program
to assist employees affected by an emergency or major disaster. The emergency
leave transfer program would permit employees in an executive agency to donate
unused annual leave for transfer to employees of the same or other agencies
who have been adversely affected by the earthquake and who need additional time
off from work without having to use their own paid leave. If you believe there
is a need to establish an emergency leave transfer program to assist employees
affected by the earthquake, please contact your OPM Human Capital Officer.
Emergency Critical Hiring
Under 5 CFR 213.3102(i)(2), you may make 30-day appointments in the excepted
service to fill a critical hiring need. You may extend these appointments for
an additional 30 days. You may use this authority to fill Senior Level positions,
as well as positions at lower grades; you also determine what qualifications
are required. Career Transition Assistance Plan (CTAP), Reemployment Priority
List (RPL), and Interagency CTAP (ICTAP) requirements under 5 CFR part 330 do
not apply to these appointments.
Direct-Hire Authority
This authority allows you to appoint candidates directly where OPM determines
there is a critical hiring need, or a shortage of candidates, for particular
occupations, grades (or equivalent), and/or geographic locations. This authority
can be Governmentwide or limited to one or more specific agencies depending
on the circumstances.
OPM has granted Governmentwide direct-hire authority for GS-0602 Medical Officers,
GS 0610 Nurses, GS-0647 Diagnostic Radiologic Technicians, and GS-0660 Pharmacists
at all grade levels and all locations; and for GS-2210 Information Technology
Specialists (Information Security) positions at GS 9 and above, at all locations,
in support of Governmentwide efforts to carry out the requirements of the Government
Information Security Reform Act and the Federal Information Security Management
Act.
You may give individuals in the categories, occupations and specialties, and
grades listed above competitive service career, career-conditional, term, temporary,
emergency indefinite, or overseas limited appointments, as appropriate. In all
cases, you must adhere to public notice requirements in 5 U.S.C. 3327 and 3330,
and ICTAP requirements.
If you feel you have one or more occupations for which an agency-specific direct-hire
authority may be appropriate in support of earthquake relief and recovery efforts,
please contact your OPM Human Capital Officer.
Other Flexibilities
You may contract with private sector temporary employment firms for services
to meet your emergency staffing needs. These contracts may be for 120 days and
may be extended for an additional 120 days, subject to displaced employee procedures.
You may make competitive service appointments for 120 days or less without
clearing CTAP or ICTAP. However, these programs may help you identify one or
more well-qualified, displaced Federal employees who are available for immediate
employment.
Current/former employees on your agency RPL are another immediate source of
qualified individuals available for temporary, term, or permanent competitive
service appointments. Conversely, in some cases, you may wish to make an exception
to the RPL provisions to appoint someone else under 5 CFR 330.207(d).
For additional information on any of these flexibilities, agency Chief Human
Capital Officers and/or Human Resources (HR) Directors may contact their assigned
OPM Human Capital Officer. Employees should contact their agency human resources
offices for assistance.
cc: Chief Human Capital Officers
Human Resources Directors
