WASHINGTON, D.C. (FEDweek) — President Trump has ordered OPM to take a direct role in disciplining employees of other agencies by invoking “suitability” considerations as grounds for actions up to firing based on conduct.
A Presidential memo tells OPM to issue regulations requiring that agencies “make a referral to OPM in order for the Director of OPM to make a final suitability determination and take a suitability action regarding an employee based on post-appointment conduct.”
“In this context, a suitability action can include a directive by OPM to the head of an executive department or agency to remove an employee who does not meet the suitability criteria defined in OPM’s regulations,” it says. The rules should specify that if OPM “issues specific instructions as to separation or other corrective action with regard to an employee,” the agency must comply within five days.
Suitability determinations are “decisions on whether an individual’s past conduct and actions may introduce risk to an agency’s mission or are contrary to the integrity required of individuals working for or on behalf of the government,” in the words of a December 18, 2024 Federal Register notice that updated the standards. Employing agencies typically make those determinations pre-employment, although OPM has authority if issues arise involving the most serious types of conduct.
The memo represents yet another step by the administration to have OPM play a direct role in employment decisions that traditionally have been left in the hands of individual agencies.
It “aims to give OPM the ultimate authority to determine an individual’s suitability for the federal government. OPM already has this authority but, currently, agencies will typically make the suitability determination,” said Michael Fallings, a partner at Tully Rinckey PLLC law firm.
“Notably, the memo focuses on ‘post-appointment conduct’ whereas suitability determinations regularly involve pre-appointment conduct. As such, it appears that this directive serves as another tactic by the administration to reduce the size of the federal government by removing even current federal employees for not being suitable for their roles,” he said.
Technically, “suitability” determinations apply to competitive service and career SES positions, while similar but not identical “fitness” determinations apply to excepted service positions. The memo’s subject line refers to both although its body refers only to suitability.
