Subpart G-Transitional Provisions 305.701 Change of indefinite or TAPER employment to another type of appointment. AUTHORITY: The provisions of this Part 305 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, E.O. 11315; 3 CFR, 1966 Comp., p. 165. SOURCE: The provisions of this Part 305 appear at 32 F.R. 13752, Oct. 3, 1967, unless otherwise noted. Subpart A-General Provisions § 305.101 Applicability of other regulations. Except as otherwise provided in this part, Subchapter B of this chapter applies to employment under the executive assignment system. § 305.102 Coverage. (a) Positions. The executive assignment system applies to positions in grades GS-16, 17, and 18 in the executive branch except: (1) Positions excluded from the coverage of section 3324 (a) of title 5, United States Code, by paragraphs (1), (2), and (4) thereof; (2) Positions in the excepted schedules in Part 213 of this chapter; (3) Positions excepted from the competitive service by statute; and (4) Positions of hearing examiner. (b) Persons. The executive assignment system applies to all persons who are assigned to positions under the system. § 305.103 Responsibilities for administration. (a) Commission responsibilities. The Commission is responsible for effectively implementing and administering the executive assignment system. (b) Responsibilities of the agencies. Periodically, under such conditions as the Commission may specify, the head of each agency in which there are positions covered by the executive assignment system shall review with the Commission his plans for staffing upper level positions. The head of a newly established Subpart E-Career Executive § 305.501 Filling positions covered by § 305.502 Career executive assignments of Federal employees. (a) Except as provided in paragraph (b) of this section, in making a career executive assignment, the agency shall first consider fully (1) qualified employees under its merit promotion program and (2) qualified and available Federal employees of other agencies. (b) This section does not apply when the Commission authorizes (1) the movement of an employee serving under career executive assignment to a career executive assignment at the same or lower grade under § 305.505 (a) § 305.506(a) or (2) the promotion, in the same position, of an employee whose position is reclassified upward without material change in duties. or § 305.503 Career executive assignments from outside the competitive service. (a) Recruitment. Subject to § 305.502, an agency may recruit from outside the competitive service for career executive assignment under such standards of merit and through such facilities as the Commission may prescribe. (b) Order on list. When an assignment is to be made under this section, the names of eligibles are entered on the appropriate list of eligibles in accordance with their numerical ratings except that the names of: (1) Preference eligibles are listed in accordance with their augmented ratings and ahead of others having the same rating; and (2) Preference eligibles who have a compensable service-connected disability of 10 percent or more are entered at the top of the list in the order of their ratings unless the vacancy is in a professional or scentific position. An agency is furnished a certificate from the top of the list containing the names of a sufficient number of eligibles to permit consideration of three eligibles in connection with each vacancy. (c) Selection. An agency, with sole regard to merit and fitness, shall select an eligible from the highest three eligibles on the certificate who are available for appointment. § 305.504 Tenure and status of persons given career executive assignments. (a) Tenure. A person given a career executive assignment is a career employee if he has completed, or is excepted from, the service requirement for career tenure. If he has not completed, or is not excepted from, the service requirement for career tenure he is a career-conditional employee. (b) Status. A person given a career executive assignment who is required to serve or complete a probationary period by § 305.508 acquires a competitive status automatically on completion of proba tion. § 305.505 Position change. (a) Reassignment or demotion. Subject to prior approval by the Commission of the qualifications of the employee and, when applicable, to the provisions of Part 752 of this chapter, an agency may reassign or demote an employee serving under career executive assignment to another career executive assignment without regard to § 305.502. (b) Promotion. Subject to § 305.502 and to prior approval by the Commission of the qualifications of the employee, an agency may promote a career or careerconditional employee to an initial career executive assignment, or from one career executive assignment to another. § 305.506 Transfer. (a) To the same or lower grade. Subject to prior approval by the Commission of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving under career executive assign ment at the same or higher grade without regard to § 305.502. (b) To a higher grade. Subject to § 305.502 and to prior approval by the Commission of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving with career or careerconditional tenure at a lower grade. § 305.507 Assignment of persons not serving with career or career-conditional tenure. (a) Coverage. This section applies to present and former employees who have basic eligibility for noncompetitive appointment conferring career or careerconditional tenure under a law, executive order, or civil service rule or regulation, but who are not serving with that tenure. (b) Authority. Subject to § 305.502 (except for legislative and judicial employees eligible for appointment under section 3304 (c) of title 5, United States Code), and subject to prior approval by the Commission of the qualifications of the person, an agency may fill a position by career executive assignment of a person covered by this section. § 305.508 Probationary period. An employee serving under career executive assignment serves or completes a probationary period of 1 year if a career or career-conditional employee is required by § 315.801 of this chapter to serve or to complete a probationary period under like circumstances. An agency may terminate an employee at any time during his probationary period. The employee is entitled to the procedures and the right of appeal set forth in §§ 315.804 to 315.807 of this chapter, as appropriate. (a) Authorization. The Commission may authorize an agency to fill a position by limited executive assignment when: (1) The position is expected to be of limited duration, or (2) The agency establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for career executive assignments. (b) Time limit. The Commission shall specify a time limit within which an agency may use an authority for limited executive assignment, and may revoke the authority at any time. (c) Trial period. The first year of service under a limited executive assignment is a trial period, except that an employee is not subject to a trial period if he (1) has basic eligibility for noncompetitive appointment on account of previous service during which he completed a probationary period or (2) previously served with competitive status under an appointment which did not require him to serve a probationary period. An agency may terminate an employee at any time during his trial period. The employee is entitled to the procedures and the right of appeal set forth in §§ 315.804 to 315.807 of this chapter, as appropriate. (d) Tenure and status. (1) An employee may serve a maximum of 5 continuous years and does not acquire competitive status under limited executive assignment. (2) Subject to Part 752 of this chapter, an agency may separate an employee from a limited executive assignment when, in its judgment, the purpose of the assignment has been served or conditions warrant discontinuance of the assignment, or the employee has completed 5 years of continuous service as referred to in § 305.509(d). (e) Eligibility for within-grade increases. An employee serving under a limited executive assignment is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter. [32 F.R. 13752, Oct. 3, 1967, as amended at 32 F.R. 15805, Nov. 17, 1967] § 305.510 Change of limited executive assignment to another type of appointment. If an employee completes 5 years of continuous service in an agency under limited executive assignment, the agency shall: (a) Convert the limited executive assignment to a career executive assignment in the same position and grade; (b) Subject to prior approval by the Commission of the qualifications of the employee, assign him to another position at the same or lower grade under career executive assignment or noncareer executive assignment, as appropriate; (c) Give the employee a career appointment to a continuing position in the competive service at grade GS-15 or below; or (d) Separate him from the service. Subpart F-Noncareer Executive § 305.601 Positions filled by noncareer executive assignments. (a) When, after consulting the agency concerned, the Commission determines that the requirements of this section are met, it may authorize an agency to fill a position by noncareer executive assignment in the excepted service without following the procedures required for making career executive assignments. (b) To qualify to be filled by noncareer executive assignment, a position must be one whose incumbent will: (1) Be deeply involved in the advocacy of Administration programs and support of their controversial aspects; (2) Participate significantly in the determination of major political policies of the Administration; or (3) Serve principally as personal assistant to or adviser of a Presidential appointee or other key political figure. (c) A position does not qualify to be filled by noncareer executive assignment if its principal responsibility is the internal management of an agency, or if it involves long-standing recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. (d) In determining the positions to be filled by noncareer executive assignment under paragraph (a) of this section the Commission shall: (1) Limit the number of positions excepted to a relatively small proportion of the positions in the agency in grades GS-16, 17, and 18, taking into consideration the size of the agency and the nature of its program; and (2) Define the area of the agency's activity in which noncareer executive assignments would be appropriate and specify organizational levels, as distinguished from grade levels, below which noncareer executive assignment would be inappropriate. § 305.602 Review of noncareer executive assignments. The Commission shall review periodically the positions filled by noncareer executive assignments under § 305.601. After consulting the agency concerned, it shall revoke the authorization to fill a position by noncareer executive assignment when it finds that the position no longer meets the qualifying criteria. Sections 315.701 and 316.702 of this Subject to the provisions of Part 752 of this chapter, an appointing officer shall remove a person from a noncareer executive assignment when the qualifications or relationships required for the assignment change or cease to exist. Subpart G-Transitional Provisions § 305.701 Change of indefinite or TAPER employment to another type of appointment. If an employee was serving under indefinite or TAPER appointment when his position was made subject to the executive assignment system and he subsequently completes 5 years of continuous indefinite or TAPER employment in the agency, the agency shall: (a) Convert the indefinite or TAPER employment to a career executive assignment in the same position and grade; (b) Subject to prior approval by the Commission of the qualifications of the employee, assign him to another position at the same or lower grade under career executive assignment or noncareer executive assignment, as appropriate; (c) Give the employee a career or career-conditional appointment to a continuing position in the competitive service at grade GS-15 or below; or (d) Separate him from the service. Subpart A-Restrictions on the Employment of Relatives AUTHORITY: The provisions of this Subpart A issued under 5 U.S.C. 3302, 7301, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, E.O. 11222; 3 CFR, 1964-1965 Comp., p. 306. § 310.101 Coverage. This subpart applies to appointment, employment, promotion, or advancement in (a) the competitive service; and (b) the excepted service in the executive branch. § 310.102 Definitions. In this subpart: (a) "Relative" means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, motherin-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (b) "Public official" means an officer, a member of the uniformed services, an employee, and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement. (c) "Chain of command" is the line of supervisory personnel that runs from a public official to the head of his agency. § 310.103 Restrictions. (a) A public official shall not advocate one of his relatives for appointment, employment, promotion, or advancement to a position in his agency or in an agency over which he exercises jurisdiction or control. (b) A public official shall not appoint, employ, promote, or advance to a position in his agency or in an agency over which he exercises jurisdiction control: (1) One of his relatives; or or (2) The relative of a public official of his agency, or of a public official who exercises jurisdiction or control over his agency, if the public official has advocated the appointment, employment, promotion, or advancement of that relative. (c) For the purpose of this section, a public official who recommends a relative, or refers a relative for consideration by a public official standing lower in the chain of command, for appointment, employment, promotion, or advancement is deemed to have advocated the appointment, employment, promotion, or advancement of the relative. (d) This section does not prohibit the appointment in the competitive service of a preference eligible if (1) his name is within reach for selection from an appropriate certificate of eligibles and (2) an alternative selection cannot be made from the certificate without passing over the preference eligible and selecting an individual who is not a preference eligible. Subpart B-Emergency Exceptions AUTHORITY: The provisions of this Subpart B issued under 5 U.S.C. 3110. § 310.201 Coverage. This subpart applies to an office, agency, or other establishment in the executive, legislative, or judicial branch of the Federal Government, and in the government of the District of Columbia. § 310.202 Exceptions. 315.501 315.502 315.503 Agency authority. Tenure on transfer. Acquisition of competitive status. Subpart F-Career or Career-Conditional Appointment Under Special Authorities 315.601 Appointment of former employees of Canal Zone Merit System. 315.602 Appointment based on service in the Office of the President or on the White House Staff. 315.603 Appointment based on former incumbency of a position brought into the competitive service. 315.604 Employment of disabled veterans who have completed a training course under Chapter 31, Title 38, U.S. Code. 315.605 Appointment of former Peace Corps volunteers. 315.606 Noncompetitive appointment of certain present and former foreign Service officers and employees. Subpart G-Conversion to Career or CareerConditional Employment From Other Types of Employment 315.804 Termination of probationers for unsatisfactory performance or conduct. 315.805 Termination of probationers for conditions arising before appointment. 315.806 Appeal rights to the Commission. 315.807 Agency action when Commission recommends restoration or other corrective action. AUTHORITY: The provisions of this Part 315 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., unless otherwise noted. §§ 315.605 and 315.801 (a) (6) also issued under E.O. 11103; 3 CFR, 1959-1963 Comp., §§ 315.201 (c) (3), 315.601 and 315.801 |