Department of the Navy Office of Civilian Human Resources

Internal Guidance for Appointment of Current, Recently Separated or Retired O-5/O-6 Members of the U.S. Navy/U.S. Marine Corps Forces to Federal Civilian Positions Department of the Navy Office of Civilian Human Resources 16 APRIL 2012

Table of Contents REFERENCES 2 STANDARD OPERATING PROCEDURES FOR APPOINTMENT OF O-5/0-6 MEMBERS 2-3 APPENDIX A FLOWCHART OUTLINING THE STEPS IN THE REVIEW PROCESS 4 APPENDIX B GUIDANCE TO HRSCS ON CASE FILE REVIEW AND PACKAGE SUBMISSION 5-6 APPENDIX C HRSC CASE FILE REVIEW CHECKLIST 7 APPENDIX D VERIFICATION STATEMENT REGARDING THE APPOINTMENT OF A RECENTLY RETIRED 8 O-5/O-6 MEMBER OF THE U.S. NAVY/U.S. MARINE CORPS TO A GS-14/15 POSITION 16 April 2012 Page 1

References A. 5 USC 2301 (b) under Merit Systems Principles B. 5 USC 2302 (b) under Prohibited Personnel Practices HR Operations and Customer Engagement Department Standard Operating Procedures Subject: APPOINTMENT OF CURRENT, OF THE U.S. NAVY/U.S. MARINE CORPS FORCES TO FEDERAL CIVILIAN POSITIONS The following standard operating procedure will be used by the Human Resources Service Centers (HRSC) when a current, recently retired (i.e., within 180 days) or retiring O-5/O-6 member of the U.S. Navy(USN)/U.S. Marine Corps (USMC) is selected for a high-level competitive service position at the GS-14/15 level of equivalent within Department of the Navy. This procedure should take place prior to extending a final job offer and establishing the selectee s entrance on duty date. Appendix A is a flowchart outlining the steps in the review process. Appendix B provides guidance to HRSCs on case file review and package submission. 1. Specialist Review. Upon return of a certificate indicating selection of a current, recently retired, or retiring O-5/O-6 member of the USN/USMC, the servicing recruitment specialist will review the recruitment case file documentation to ascertain the information on the attached checklist, Appendix C. The servicing specialist will complete the checklist and include it in the recruitment file as an attachment to the Request for Personnel Action (RPA). 2. Code 50 Review. If required based on the questions in Part B. of the checklist, the specialist will submit the package through his/her chain of command to the Code 50 for review. The Code 50 will authorize the appointment for those selections where there is no appearance of preferential treatment or undue influence as defined in references A. and B. Where review indicates possible preferential treatment or undue influence, the Code 50 will prepare a case analysis/justification statement and forward the complete package to the HRSC Director/Deputy Director for review. 3. HRSC Director/Deputy Director Review. The HRSC Director/Deputy Director will review the package and authorize the appointment of the individual if s/he determines there is insufficient evidence of preferential treatment or undue influence. If appropriate, as part of their review; the HRSC Director should discuss the case with the hiring official to obtain information or explanation regarding the recruitment. If the Director believes the facts of the case suggest preferential treatment or undue influence, obtain the selecting official s signature on the Verification Statement Regarding the Appointment of Recently Retired O-5/O-6 Member of the U.S. Navy/U.S. Marine Corps to a GS-14/15 Position, Appendix D and other written justification for the selection. Prior to disapproving the appointment of a retiring/retired O- 5/O-6 member of the USN/USMC to a civilian position, the HRSC Director/Deputy Director will 16 April 2012 Page 2

forward a complete package to the Director, OCHR via the Director, HR Operations and Customer Engagement. 4. OCHR Review. The decision to approve the appointment or recommend disapproval will be the result of collaboration among the Director, OCHR; Director, HR Operations and Customer Engagement; Director, HR Policy and Programs; OCHR Office of General Counsel; and the servicing HRSC Director. If the decision is to permit the appointment, the HRSC Director will take appropriate action to ensure the selectee is appointed. If the recommendation is to disapprove the appointment as a violation of Merit Systems Principles/Prohibited Personnel Practices, the Deputy Assistant Secretary of the Navy (DASN), Civilian Human Resources (CHR), will have the final decision to permit or disallow the appointment. If disapproved, the HRSC Director will notify the command s Director of Civilian Personnel Programs in writing of the DASN (CHR) decision. The HRSC will not process the appointment and will rescind any tentative job offer that may have been made. 16 April 2012 Page 3

Appendix A OCHR Internal Review Process for Retiring/Retired 05/06 Selection for GS- 14/15 position made Potential Potential MSP/PPP MSP/PPP Decision Certificate returned Violation Violation HRSC Specialist Reviews Selection Case File No Yes Approve Appointment Recommend Disapproval Retiring/Retired 05/06 Navy/USMC Selected raises concerns No Yes HRSC Specialist prepares checklist Director/Deputy Reviews; discuss with DCPP & Key Parties Potential MSP/PPP Violation No Yes No Yes Forward to Director OCHR for coordination with OCHR Counsel* DASN CHR Approve Disapprove Decision communicated to activity via Command DCPP Code 50 reviews selection case file & checklist Director/Deputy secures statements from Key Parties Selectee Appointed Job offer rescinded *HRSC Director adds name to case log and forwards case file to Director OCHR 16 April 2012 Page 4

Appendix B--HRSC Director/Deputy Guide for Reviewing the Appointment of a Recently Retired O-5/O-6 Member of the U.S. Navy/U.S. Marine Corps to a GS-14/15 or Equivalent Position Purpose The following should be used by the HRSC Director/Deputy as a guide for reviewing the selection of a recently retired O-5/O-6 member of the U.S. Navy/U.S. Marine Corps to a GS- 14/15 or equivalent competitive service position. This level of review should begin only after a thorough review of the case file is completed by the Code 50 and a determination is made that a higher level review is required. The questions below are designed to serve as situational prompts that may indicate whether or not there is an appearance of preferential treatment or undue influence in the recruitment/selection process. They are to be used in an initial review of the case file and in any contact made with the Hiring Official to obtain additional information about the selection. A determination by the HRSC Director/Deputy to submit the case file to OCHR for higher-level review should be annotated in Part D of the Case File Review Form. For all such determinations, the following documentation must be submitted to OCHR for final review and approval of the appointment: o Complete Case File, to include all supporting recruitment documentation o Completed Case File Review Form signed by the HRSC Director/Deputy o Verification Statement signed by the Hiring Official o Supporting documentation obtained through contact with the Hiring Official Case File Review Process I. Gather Information about the recruitment of the vacancy. a. What effort was made to publicize the vacancy to interested career and careerconditional employees? b. Have efforts to fill the position been continuous since it became vacant/was established and, if not, what are the reasons for the delay in recruitment? c. Was the position converted from military to civilian status? If so, what was the reason and date of conversion? d. Do the position description, job announcement, job analysis, and assessment questionnaire appear to be written so specifically that few candidates, apart from the selectee, would qualify? e. Was the Area of Consideration satisfactorily broad enough to attract candidates or overly restricted to limit potential candidates other than selectee? 16 April 2012 Page 5

II. f. Does the proposed selectee s resume and/or supporting documents support inclusion in the best qualified group? If so, what is the basis of the selection from the other best qualified candidates? g. Does the documentation in the Case File support the use of proper placement and promotion procedures? Gather Information about the Selectee. a. Was the proposed appointee the last military occupant of the position? b. Was the proposed appointee assigned as a military member to the organizational entity of the civilian position? c. Was the proposed appointee in a position to influence the classification, recruitment, and/or selection of the position? d. For appointments using authorities other than Competitive Examining or Merit Promotion, what authority will be used to appoint the retired military member? III. Obtain a signed 1 Verification Statement 2 from the Hiring Official, which specifies: a. The selectee has not been involved in the establishment of the civilian position, the writing of the civilian position description, the creation of the job analysis or assessment questionnaire, the establishment of the unit or department in which the civilian position exists, or any advisory board or committee responsible for the conversion of a military position to a civilian position; and b. Conversion of a military billet to the civilian billet in question was not done to coincide with the retirement of the selectee. 1 Signature of the Verification Statement may not be delegated to anyone other than the hiring official for the position concerned. 2 See Appendix D. 16 April 2012 Page 6

Appendix C HRSC CASE FILE REVIEW: APPOINTMENT OF A RECENTLY RETIRED O-5/O-6 MEMBER OF THE U.S. NAVY/U.S. MARINE CORPS TO A GS-14/15 OR EQUIVALENT POSITION A. General Case File Information. Name of Selectee: Check one: Active Duty Retired Terminal Leave Terminal Leave start date: Previous Military Position Information: Civilian Position Information: Position title: Position title: Organization/location: Organization/location: Date of military retirement: Date position established: Rank/pay grade at retirement: Series/grade level: B. HRSC Specialist Review. If the response to any of the following questions is Yes, provide an explanation in the comments section and submit the case file and this form to your Code 50 for further review. YES 1. Does the OF-8 indicate that the position is newly classified (i.e., within 180 days)? 2. Did the selectee work in the command/activity where selection for the position occurred? 3. Is the position description signed by the selectee or by someone who may have reported to the selectee when the position was being classified? 4. Was EHA or a name request utilized for the recruitment? If so, specify type in comments. Comments: NO Specialist Name/Title: Date: C. Code 50 Review. Provide a response to each of the following questions. Annotate your determination and the justification for your findings in the comments section below. YES 5. Did the selectee occupy a position that could influence the classification, recruitment and/or selection process for the position in question? 6. Does it appear that the position description and/or job announcement, job analysis or assessment questionnaire are written so specifically that the majority of applicants would not be referred on a certificate of eligibles? 7. Based on your review of the case file, is there an appearance of preferential treatment or undue influence in the recruitment/selection process? If yes, provide an explanation in the comments section below and submit the case file and this form to the HRSC Director/Deputy for review. Comments: NO Code 50 Signature: Date: D. HRSC Director/Deputy Review. Following a review of the case file and additional information/documentation provided by the Hiring Official of the selecting activity, indicate whether or not a higher-level OCHR review is warranted. Attachment (1) should be utilized as a guide to making this determination. Is there an appearance of preferential treatment or undue influence warranting OCHR review? Yes No Comments: HRSC Director/Deputy Signature: Date: 13 April 2012 Page 7

Appendix D--Verification Statement Regarding the Appointment of a Recently Retired O-5/O-6 Member of the U.S. Navy/U.S. Marine Corps to a GS-14/15 Position Position Organization and Location: Position Title, Grade, Series: Selectee s Name (Last, First): As the hiring official for the above position, I understand Department of the Navy senior leaders, supervisors, and human resources professionals are charged with adhering to the prescribed Merit System Principles outlined in 5 U.S.C. 2301 (b). I also understand these principles are based on the expectation that the civilian hiring process is efficient, effective, fair, open to all, and free from political interference and preferential treatment (5 U.S.C. 2302 (b)). Furthermore, I verify the following is true regarding the recruitment of and selection for the position identified above: Recruitment for the position was conducted in a way that embodies Merit System Principles and ensures reasonable efforts were made to obtain applicants from all possible sources to avoid any appearance of attempts to unduly limit competition; The position in question was not held open pending the retirement of a member of the U.S. Navy/U.S. Marine Corps in order to provide that person with preferential opportunity to apply for or be appointed to the position; The position in question was not converted from a military billet to a civilian billet to coincide with the retirement of the selectee; The position description was not modified (i.e. Title, Series, Grade, and Pay Plan) for the purpose of qualifying and selecting retiring or retired military members; The selectee has not been involved in the establishment of the civilian position, in the writing of the position description, the job analysis, assessment questionnaire or job announcement; in the establishment of the unit or department in which the position exists, or any advisory board or committee responsible for the conversion of a military position to a civilian position; and The selectee has not influenced or created an appearance of having influenced the recruitment, selection, pay setting and compensation processes. Name of Hiring Official (Print) Title and Grade of Hiring Official Signature of Hiring Official Date 13 April 2012 Page 8