OPM tightens rules blocking criminals from federal work

The Office of Personnel Management wants stricter rules for blocking some Americans from becoming, or continuing to be, federal employees.

OPM submitted draft regulations in Thursday's Federal Register to extend the period of time -- to three years from one year -- that most federal agencies can bar certain people, such as convicted criminals, from working for them. As it stands now, in order to get the full three-year block OPM must determine that individuals are unsuitable for employment.

The proposed rule also would make it easier for agencies to prevail in an appeal. Applicants who are blocked from public service can file a challenge at the Merit Systems Protection Board. Right now, if the board finds that even one of the reasons for a block cannot be upheld, it can send the case back to the agency level.

This rule would reverse that, requiring the board to uphold only one reason in order to sustain the block. A spokesman for MSPB would not comment on the effect of this potential rule change.

Aside from criminal records, federal job applicants may be found unsuitable for employment because of the claim of a bogus educational degree or drug use, for example. Suitability for federal employment is defined loosely by OPM as "identifiable character traits and conduct which are sufficient to determine whether or not an individual will likely be able to carry out the duties of a federal job with integrity, efficiency and effectiveness."

Additionally, OPM's literature distinguishes suitability from qualifications, such as experience, education or skills.

The regulation also would extend suitability rules to employees who were hired with special authority outside of the usual required competition for government jobs.

At the same time OPM is attempting to make it easier for agencies to block employment, it is proposing to give those affected more rights. The rule would require agencies to notify people of the specific reasons for barring them from employment and to give them a chance to respond. They would also have the option to hire a lawyer to represent them.