The
president has long complained that established Federal Civil Service employees
were out to get him. He has stated that
they have formed a “deep state opposition” to his government, so this week he
announced his revenge. He is establishing
another hiring level which will be under political control in the Federal work
force. The president is known for holding grudges, but even with his history,
this seems to be an excessive attack to me (which I will discuss after some
background).
The Federal
and State Civil Service was created in 1883 by the Pendleton
Commission under President Ulysses Grant.
It moved to create a professional and technical employee base which
would be selected on the basis of expertise and standardized exams. Criteria were
created for different areas and salaries and benefits were established for
skill levels. Around 1920, a retirement annuity was established based on the
years worked; later a retirement age was set. The impetus for these actions was
the desire to have an ongoing work force which was free from partisanship, politics
and patronage. Eventually, the work force was provided benefits such as leave,
insurance, and workers compensation; unions were also incorporated into the
workplace. These bureaucracies were established to be an apolitical workplace
whose workers were the managers from administration to administration and
provided the institutional memory so necessary to keep departments and agencies
functioning. To that end, regulations such as the Hatch
Act were enacted to prevent active partisan campaign work by Federal
employees. These employees were also not allowed to run for partisan offices
while employed, but could run for school board, for example, if that position
was non-partisan.
After an
election, each administration is permitted to place so-called political
employees in policy or administrative positions in Federal Departments or
agencies, often under a Cabinet Secretary or bureau head. Currently there are
about 4,000 positions under that allocation across government. These employees are
selected by and serve, as installed, at
the pleasure of the president The total Federal workforce today has about 2.1 million employees and
although concentrated in the Washington area, they are currently working all
across the country and in government installations across the world. I have
read books by Michael
Lewis (The Fifth Risk) and Ronan
Farrow (War on Peace) who wrote about
the damage being done to the federal workforce with the loss of expertise in
certain areas and at the State Department as the new administration did not
even try to fill vacated positions. Lack of continuity in foreign diplomacy is
a significant issue. In most cases Obama employees were not allowed to stay on
for a meaningful transition in many sections.
The
efforts this week are not the only ones made against a Federal work force; there
have been other steps taken in the last couple of years. Certain Departments
under this administration (Agriculture
and Interior) have tried to reduce the Washington DC workforce by requiring
the workers to move to areas in the Midwest
or elsewhere or be fired. And in a move, back in 2018, negative actions were taken
as employees who had been working part-time from home were told by the Agriculture
Department that they had to again work in person in the office; (another environmental
practice of the Obama administration that was changed.) Prior to the pandemic,
this policy was being expanded across the Federal Civil Service.
This week, the final plans to curtail the rights and privileges of the Federal work force were announced by the administration in the Federal Register with implementation to take place on January 19, 2021 (the day before the next Presidential Inauguration). The Executive Order from the president would create a new subset of the Civil Service called Schedule F and could move tens of thousands of administrative employees out from their current merit status into this new category which could, if enacted, strip them of all civil service protections. Jobs would not be competitive, not be listed on the federal jobs site, not be subject to set criteria, or allow veterans preference. Workers would be employed in an “at will” category. Ability to have union membership, if allowed at all, would be severely curtailed. These jobs would apply to many who currently hold positions of policy making, confidentiality, or support those departments; professional positions such as attorneys or physicians probably, which require a certain expertise, would not be affected. There is no expectation or guarantee that this employment would be carried over to each new administration.
The
administration indicated the inability to fire poorly performing employees was
one of the reasons to create this new work force and claimed that a quarter of
the employees were chronically underperforming. The president and conservatives
have long railed against a set work force which they felt was allied against this
administration. Some have indicated, that as the president was the head of the
Executive branch, effectively all employees of the government should serve the
president, not necessarily the people. The president has, indeed, spoken about ‘his’
judges, ‘his’ military, ‘his’ departments. The president recently spoke out
bitterly against those government employees who testified under subpoena at his
impeachment hearings. Part of the effort to create this order was started from several
people at the Heritage Foundation (a
conservative think tank, also quite involved in choosing right wing judges) who
had written memos to this issue; some former employees from Heritage were employed
by the White House as part of the executive order effort which was carried out
in secrecy, without even notice to Cabinet members.
According
to the Federal
News Network, both the American Federation of Government Employees (AFGE)
and the National Treasury Employees Union (NTEU) representatives haves decried
these proposals. The NTEU issued the following statement: “Americans should
ask themselves why this White House is so determined to override, undermine and
get rid of veteran public servants who have dedicated their careers to serving
the American people,” Tony Reardon, NTEU national president, said in a
statement to Federal News Network. “These are employees who have served
admirably under presidents of both political parties, and they deserve the
protections afforded by our civil service laws.”
This order can be
overturned by either legislation or executive order if VP Joe Biden is
elected. It will be in force if the
president is re-elected. Some have said that if it is in force for the next
four years it would be very hard to over- turn. In the mean-time it would decimate
an effective middle-class employment option which has provided decent
employment with benefits and job security for millions of workers and
efficiency and effectiveness to the American people for more than 100 years.
Can improvements be made in the American bureaucracy - of course – that can
always happen, especially when one is looking at large agencies. Is that a reason
to try to undermine the efforts of more than a century of governmental workers?
I think it is not. Many of us know people who work for “us” – the American populace
- and know them to be a dedicated, hard-working group of people. These vindictive
efforts are just another example of the pettiness of this unqualified
president. I guess the election will let us know what next steps might be in
these matters.
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COVID stats – NY
Times
This last week was, sadly,
the week with the highest numbers of cases since the pandemic began. More than
20 states had record high levels of cases as the virus spread more widely in
the Midwest as the case numbers showed an increase of 32% over recent counts.
The highest ever number of cases (more than 82,000) happened one day this week
as colder weather settled in at several places, including Alaska, which has a
severe outbreak.
US cases totals: 8,700,100.
New cases: (10/24) - 78,702. Total deaths: 225,100. Total new deaths: 871.
Maryland cases:
Totals: 139,487. New cases: (10/23) 796. Total deaths 4,091. Total new deaths:
13.
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This week we learned
that more than 500 immigrant minor children, forcibly taken from their parents
at the Mexican border over the last two years, have not been reunited with
their parents as the parents cannot be found. The ACLU and other volunteer
organizations (not the government – despite court orders) - have been searching
for the parents back in their home countries, but this search has been made
even more difficult due to the coronovirus. This country used to be better than
this. I hope it is again, soon and I hope it is possible for these children to
have loving homes, hopefully with their parents, someday.
In conclusion, early
voting and absentee balloting has broken all records despite obstacles and
court by the Republicans about ballot counting. Hours long lines have been seen
in multiple states, due in part, to reduced polling places and also to
increased turnout. So far, to this point, more than 54,345,000 votes have
already been cast ten days before election day – more than the totals for early
voting in 2016. Some are predicting that there will be a record final vote,
although it is not known how many of these early votes would, without the
virus, have been in-person votes. Due to the large numbers of absentee ballots
in some states which do not advance count – such as Pennsylvania – final totals
may be delayed after election day. Most Republicans, it is expected, will wait
and vote in person on election day. In Maryland early voting begins on Monday
10/26/20 and continues to 11/2/20. Early voting centers can be found here.
And in conclusion - The
panda gets a check-up
– he did not seem to be very happy about it!
‘Til next week –
Peace.