Treasury Personnel Policy Manual Chapter Chapter: 317.2 Transmittal No: TN-98-04 Date: December 2, 1998 Office: Subject: OFFICE OF PERSONNEL POLICY ESTABLISHING AND STAFFING SES AND SL POSITIONS 1. PURPOSE. To provide policies and procedures for establishing and staffing SES and SL positions in the Department. 2. SCOPE. The provisions of this Chapter apply to all Treasury bureaus except the Office of the Comptroller of the Currency and the Office of Thrift Supervision. Departmental Offices, the Legal Division, the Office of the Treasury Inspector General, and the Office of the Treasury Inspector General for Tax Administration are considered bureaus for these purposes. 3. CANCELLATION. Human Resources Directorate Manual Chapter 920.B, Staffing and Classification of Senior Executive Services (SES) Positions (dated 9/20/83); revised pages I- 3, I-4, II-5, and II-6 (dated 11/15/83); and Treasury Personnel Policy Manual Bulletin 96-01, Minimum Open Period for SES Vacancy Announcements (dated 7/23/96), are superseded. 4. EFFECTIVE DATE. This policy is effective with the date of this chapter. 5. REFERENCES. 5 USC 3131-3136, 3391-3397; and 5 CFR 214 and 317. 6. POLICY. It is the policy of the Department of the Treasury to establish and staff SES and SL positions in accordance with regulatory and procedural requirements of the Office of Personnel Management (OPM). A. ESTABLISHING SES AND SL POSITIONS (1) Agency Allocations - OPM controls the total number of SES and SL positions that may be established governmentwide and issues a specific allocation to the head of each agency. Within Treasury, the Assistant Secretary for Management/CFO reallocates a specific number of SES and/or SL slots to each bureau. (2) Permanent vs. Temporary Slots - Individual bureau allocations may include "permanent" slots (that the bureau can redirect internally as needs change) and "temporary"or "float" slots (that must be returned to the Department or OPM when a
particular event occurs or a specified amount of time elapses). (3) Designation of Positions - Heads of bureaus are authorized to establish, redescribe, or cancel positions as SES or SL consistent with statutory and regulatory criteria and Departmental policy. a. To be designated as SES, a position must be classifiable above GS-15 and meet any of the following functional criteria: Directs the work of an organizational unit; Is held accountable for the success of one or more specific programs or projects; Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals; Supervises the work of employees (other than personal assistants); or, Otherwise exercises important policy-making, policy-determining, or other executive functions. b. Designation as SL applies to positions that are classifiable above GS-15 but do not meet the functional criteria for the SES. Exception: Certain positions that would otherwise be SES but are excluded by law, such as non-executive Schedule positions filled by Presidential appointment, are also designated as SL. (4) Career-Reserved vs. General - Bureaus must designate each SES position as General (can be filled by career, noncareer or limited appointee) or Career-Reserved (must be filled by career appointee to ensure impartiality, or public's confidence in impartiality, of the Government) at the time it is established. If the establishment, redescription, or cancellation of a position will affect the numerical breakdown of General and Career- Reserved positions within a bureau, the bureau must first consult with the Office of Personnel Policy to ensure that the Department's overall Career-Reserved floor is maintained. Requests to change the designation of an existing position require OPM approval, and must be routed through the Office of Personnel Policy. (5) Position Activation - A bureau may designate a position as SES or SL at any time, but cannot "activate" the position until it is officially assigned an SES or SL slot. Bureaus may recruit for an SES or SL position before it is activated (pending subsequent availability of a slot) but cannot fill the position until it is assigned an available slot. To "activate" an SES or SL position, the bureau must assign it a DYES-XXXX (SES) or DYOT-XXXX (SL) number. These numbers are initially controlled by the Office of Personnel Policy. As positions are canceled and new positions are created, bureaus must document the slots being used by changing the first digit of the numeric designation. (For example, DYES-1100 becomes DYES-2100, and if used again, becomes DYES-3100). (6) Position Evaluation - Before designating a position as SES or SL, the bureau must prepare a written position description and perform an analysis to confirm that it meets
the SES or SL criteria. Bureaus are strongly encouraged to document the analysis with a formal evaluation statement, and must be able to justify their determinations regardless of whether a statement is prepared. (7) Position Descriptions - The specific format to be used for the position description is up to each bureau, but must include: major duties and responsibilities; reporting relationships; and qualifications required (either as part of the position description or as an attached qualification standard). Each position description must also be accompanied by an Optional Form 8 or comparable position description cover sheet that includes: DYES or DYOT number (to be completed before position is filled); Reason for submission (new, redescription, etc.); Basic identifying/descriptive information (employing office location, duty station, position sensitivity, etc.); Designation as General or Career-Reserved (if SES); Title of position, pay plan (ES or SL), and occupational code; A signed supervisory certification as to the accuracy of the position; and, A signed classification/job grading certification. (8) Reporting Requirements - When "activating"an SES or SL position, a bureau must provide a copy of the official position description and a properly executed cover sheet along with an OPM Form 1390 to the Office of Personnel Policy within 5 working days of the effective date of the action. A new position description is also required whenever there is a change in the position description or in the series or title. (Minor revisions that do not significantly alter a position may be documented as "pen and ink" changes.) A new OPM Form 1390 is required for all series and title changes and for all cancellations of SES and SL positions. B. STAFFING SES POSITIONS (1) Appointing Authority - Heads of bureaus are authorized to appoint, reinstate, reassign, transfer or detail individuals to SES positions consistent with statutory and regulatory criteria and Departmental policy. Their appointing authority covers all SES positions within their respective bureaus except those for which appointing authority is specifically reserved to the Secretary, Deputy Secretary, or other Treasury official by Treasury Order, Directive, or other issuance. (2) Types of Appointment - Career-Reserved SES positions may only be filled by career appointment, while General SES positions may be filled by career, noncareer, or limited appointment. (3) Qualification Standards - Bureaus are responsible for developing qualification standards for SES positions consistent with OPM regulations at 5 CFR Part 317, Subpart D. Within Treasury, bureaus are required to develop qualification standards when positions are established, either as part of the basic position description or as an
attached standard. All career SES appointees must demonstrate the basic Executive Core Qualifications (ECQs) defined by OPM, and bureaus may establish additional technical and managerial qualification requirements as individual positions warrant. (4) Initial Career SES Appointments - Initial career SES appointments must be made competitively in accordance with OPM regulations on recruitment and selection at 5 CFR Part 317, Subpart E. Exception: Individuals who have successfully completed an OPM-approved SES Candidate Development Program (CDP) and received prior certification of their executive qualifications by a Qualifications Review Board may be appointed noncompetitively if their initial selection into the CDP required full competition under merit staffing procedures. a. Vacancy Announcements. Before announcing an SES position, bureaus are required to have an established (classified) position description, although it is not necessary to designate an SES slot until the position is actually filled. By law, the minimum area of consideration for SES vacancies that are filled competitively is "all groups of individuals within the civil service" and the minimum open period is 14 calendar days. Bureaus are responsible for preparing and entering vacancy announcements into OPM's Federal Job Opportunities Board and providing a copy to the Office of Personnel Policy within 5 working days. b. Merit Staffing Plans. Each bureau is responsible for developing a written plan that addresses the minimum merit staffing requirements at 5 CFR 317.501 (c) and describes the specific recruitment, rating, ranking, and selection procedures that will be used, including the make-up and operation of the Executive Resources Board (ERB); the use of preliminary screening panels; the method(s) of rating to be used; policies on interviews; documentation procedures; etc. Copies of the plans and subsequent revisions must be provided to the Office of Personnel Policy. c. Qualifications Review Board (QRB) Certification. Before an individual can be given an initial career SES appointment, the individual's executive qualifications must be certified by a Qualifications Review Board (QRB). On a weekly basis, OPM convenes one or more QRBs comprised of SES members from different agencies to make a determination on individuals' executive qualifications. All requests for certification must be forwarded to the Office of Personnel Policy, which will coordinate directly with OPM. The documentation required for each request is described in Attachment A. (5) Career SES Appointment by Reinstatement, Reassignment, or Transfer - Heads of bureaus are authorized to make noncompetitive career SES appointments by reinstatement of a former SES employee (consistent with OPM regulations at 5 CFR Part 317, Subpart G) or by reassignment of a current SES employee within Treasury or transfer of a current SES employee from another agency (consistent with OPM regulations at 5 CFR Part 317, Subpart I). (6) Details to SES Positions - Heads of bureaus are authorized to detail employees to SES
positions consistent with OPM regulations at 5 CFR Part 317, Subpart I. (7) Limited SES Appointments - Heads of bureaus are authorized to make limited emergency (not-to-exceed 18 months) and limited term (not-to-exceed 36 months) appointments consistent with OPM regulations at 5 CFR Part 317, Subpart F, but only with Office of Personnel Policy clearance and if applicable, OPM approval. Before making a limited appointment, bureaus must submit a written request to the Office of Personnel Policy. Each request must identify a proposed appointee and outline the reason for the limited appointment, the nature of the assignment, the selectee's qualifications, and if applicable, the need for a temporary SES slot. In addition to the memorandum, bureaus must provide a request for personnel action (SF-52), a resume or application, and position description (if appointment is to a new position). The Office of Personnel Policy will determine if the appointment can be accomplished within Treasury's pool of limited authorities (individual currently serves on a career or career-type appointment to a permanent position outside of the SES and the total number of limited appointments under this provision does not exceed 2% of Treasury's allocation) or requires OPM approval (individual is not serving on a career or careertype appointment to a permanent position outside of the SES or the limited appointment exceeds Treasury's 2% pool). The Office of Personnel Policy will then clear the appointment or seek OPM approval, as appropriate, and notify the bureau of results. (8) Noncareer SES Appointments - By law, the number of noncareer SES appointments cannot exceed 10% of the governmentwide SES position allocation. OPM determines the total number of noncareer SES appointments that can be made in each agency and approves noncareer appointments individually. Bureau requests for OPM approval of noncareer SES appointments must be submitted to the Office of Personnel Policy and must include: a brief description of the assignment to be performed and the selectee's qualifications; a brief application or resume; an OPM Form 1390; and a request for personnel action (SF-52). The Office of Personnel Policy will coordinate with the White House Liaison and OPM and notify the bureau when requests are approved. (9) Reserved Appointing Authority - In cases where the appointing authority for an SES position is reserved to the Secretary, Deputy Secretary, or other Treasury official (e.g., appointments of deputy bureau heads or appointments above ES-4), heads of bureaus must submit requests for approval to the Office of Personnel Policy. Each request must include: a justification for the selection and pay level, including the qualification requirements for the position and how the selectee meets the requirements; a brief application or resume; an OPM Form 1390; and a request for personnel action (SF-52). If the bureau is subject to additional clearance requirements (e.g., by Under Secretary), the clearances must also be documented as part of the request. (10) Background Clearances - Heads of bureaus are responsible for ensuring that all background/security checks, tax checks, and ethics/financial disclosure checks are completed and favorably adjudicated before SES appointments are effected.
(11) Reporting Requirements - Bureaus are required to report all SES appointments, reinstatements, reassignments, transfers, and separations to the Office of Personnel Policy within 5 working days of the effective date of each action, using OPM Form 1390. Details that cross bureau or agency lines must also be reported. C. STAFFING SL POSITIONS (1) Appointing Authority - Heads of bureaus are authorized to appoint, reinstate, reassign, transfer or detail individuals to SL positions consistent with statutory and regulatory criteria and Departmental policy. Their appointing authority covers all SL positions within their respective bureaus except those for which appointing authority is specifically reserved to the President, Secretary, Deputy Secretary, or other Treasury official by statute, Treasury Order, Directive, or other issuance. (2) Types of Appointment - SL positions may be in either the competitive or excepted service, and the type of appointment is determined accordingly. Appointments to SL positions in the competitive service are covered by OPM regulations at 5 CFR Part 319, Subpart D. Appointments to SL positions in the excepted service are covered by individual appointing authorities (e.g., Schedule A, B, or C). (3) Qualification Standards - Bureaus are responsible for developing qualification standards for SL positions consistent with OPM regulations at 5 CFR Part 319, Subpart C. Within Treasury, bureaus are required to develop qualification standards when positions are established, either as part of the basic position description or as an attached standard. (3) Background Clearances - Heads of bureaus are responsible for ensuring that all background/security checks, tax checks, and ethics/financial disclosure checks are completed and favorably adjudicated before SL appointments are effected. (4) Reporting Requirements - Bureaus are required to report all SL appointments, reinstatements, reassignments, transfers, and separations to the Office of Personnel Policy within 5 working days of the effective date of each action, using OPM Form 1390. Details that cross bureau or agency lines must also be reported. 7. OFFICE OF PRIMARY INTEREST. Office of Personnel Policy. Ronald A. Glaser Director Office of Personnel Policy
ATTACHMENT A DOCUMENTATION FOR CASE SUBMISSIONS Criterion A cases (selections based on demonstrated executive experience) OPM Form 1390 - indicate under "Agency Remarks" that the ERB or appointing authority (bureau head) has certified that merit staffing procedures were followed; that the appointing authority has certified that the candidate meets the qualifications requirements of the position; and include the OPM control number for the FJOB listing (1 copy). Application or resume (4 copies). Narrative addressing the ECQs (4 copies). Vacancy announcement (4 copies). Any other application materials as applicable, such as written references, performance appraisals, etc. (4 copies). RNO designation (1 copy). Criterion B Cases (selections based on completion of OPM-approved CDP) OPM Form 1390 - indicate under "Agency Remarks" the dates that the candidate started and completed the program and the OPM control number for the FJOB listing (1 copy). A letter signed by the ERB chairperson) - must include a brief appraisal of the candidate's performance; certification that all Individual Development Plan activities have been completed; title, location, and dates of interagency training experience; and ERB's approval of submission (2 copies). Completed Individual Development Plan - must be signed by the candidate, mentor, and ERB Chairperson (2 copies). A brief (one-page or less) summary of managerial experience (2 copies). A separate summary of the candidate's accomplishments - must describe specific program requirements, the courses, assignments or activities used to satisfy them; and how they contributed to the candidate's development of one or more ECQs (2 copies). Criterion C Cases (selections based on "special or unique qualities") OPM Form 1390 - indicate under "Agency Remarks" that the ERB or appointing authority (bureau head) has certified that merit staffing procedures were followed; that the appointing authority has certified that the candidate meets the qualifications requirements of the position; and include the OPM control number for the FJOB listing (1 copy). Application or resume (4 copies). Narrative addressing the ECQs (4 copies). A letter from the appointing authority or ERB chairperson - must describe the unique and special qualifications that make the candidate a superior choice for the position (4 copies). At least one written reference - must be written by someone familiar with the candidate's
executive qualifications (4 copies). Individual Development Plan (4 copies). Vacancy announcement (4 copies). Any other application materials as applicable, such as additional written references, performance appraisals, etc. (4 copies). RNO designation (1 copy).