The law that requires managers to choose an employee from a pool of three pre-selected candidates is outdated and encumbers the hiring process, argues a Merit Systems Protection Board researcher.
The so-called "rule of three" stipulates that employees hired into competitive service jobs must be selected from among the three top eligible candidates. But the rule is an ancient relic that has no bearing on today's civil service employment scene, John Palguta, director of policy and evaluation at MSPB, wrote in a recent issue of the office's Issues of Merit newsletter.
The rule of three "no longer serves the purpose for which it was created," Palguta wrote. The rule, established in 1871, was originally intended to prevent an independent commission from requiring the President or a department head to hire its chosen applicant. Instead, appointing officials were allowed to choose from among a pool of three different eligible candidates.
These days, however, independent commissions no longer select and refer candidates for positions. Instead, agencies' delegated examining units make referrals. Congress should let agencies decide how many applicants a selecting official can consider, rather than require the rule of three, Palguta argued.
"At the time the rule came about it had a good purpose, to expand beyond taking the number one applicant. Now, its been turned on its head and has little relevance to the way jobs are really filled," Palguta said in an interview.
Some agency hiring officials think eliminating the rule of three would help agencies hire candidates from outside the government. Under the current system, a great recruitment job may result in top candidates not even being in the running, Palguta said.
In addition, officials sometimes find themselves having to make fine distinctions between a large group of well-qualified applicants in order to narrow the pool down to three. Often, assessment techniques such as written tests and experience ratings don't provide enough information to justify limiting the pool, managers told MSPB.
"Unfortunately, I don't know of any organization where the rating and ranking tools are so precise that they can feel confident they're picking the best three out of a much larger group," Palguta said. "Selection is more an art form than a science."
In the coming month, MSPB plans to release its study of how delegated examining units operate. According to Palguta, the report will call for the elimination of the rule of three.