Shutdown Preparations: Better Safe Than Sorry

It looks now like Congress has once again found a path to avoid a government shutdown. But because they have once again come so close to fiscal Amageddon, agencies (other than the luck few who already have their appropriations enacted) have had to crank up their preparations for the possibility of a halt in all but essential operations.

The Office of Management and Budget sent a memo to agency heads yesterday, detailing exactly how shutdown procedures would unfold over the weekend and on Monday morning in the event Congress failed to get its act together. Here are key portions:

Friday, December 16: Agencies must complete the process of communicating to all employees their status under a shutdown no later than the end of the day on Friday, December 16.

We will advise you over the course of the day of further developments, including whether there has been Congressional action that would prevent a lapse in funding. If we inform you that such action is not likely to be enacted, then you should prepare to initiate implementation of your shutdown plan beginning on Saturday, December 17. In that case, agencies must instruct non-excepted employees (including those who do not have a weekend work schedule) that they are prohibited, pursuant to the legal requirements ofthe Antideficiency Act, from performing any work over the weekend pending further notice. This means that the non-excepted employees will be prohibited, after midnight on Friday night, from working remotely, such as from home-including by accessing agency information technology (e.g., blackberries, cell phones, computers, laptops)-except to the extent that the agency's contingency plan provides for the agency to use such technology to provide non-excepted employees with updates regarding their furlough and return-to-work status. Also, as noted below, there may be circumstances in which certain employees are accessing agency information technology for a brief period to carry out de minimis shutdown related activities.

If there is a lapse in appropriations, during the employee's next scheduled work day (i.e., Saturday or Sunday for weekend employees; Monday for all other employees), an agency shall have its non-excepted employees perform-for up to a half-day (e.g., up to four hours)-such "orderly shutdown" activities as are needed for the agency's implementation of its contingency plan (e.g., turning in equipment if required).

Non-excepted employees who are scheduled to telework on their next scheduled work day may perform these shutdown activities from their telework location, if an existing telework agreement is in place. In addition, agencies at their discretion may allow other employees to conduct shutdown activities from a remote location, even without an existing telework agreement, if the nature of the employees' shutdown activities are de minimis (i.e., can be completed in approximately 15 minutes). For example, such activities would include receiving and acknowledging receipt of an electronic furlough notice and adjusting voicemail and email to reflect current work status. All other non-excepted employees will be expected to report to work on their next scheduled work day to carry out orderly shutdown activities.

Saturday, December 17/Sunday, December I8/Monday, December 19: During the weekend, we will advise you further, depending on the status ofappropriations action, as follows:

Normal Operations: If it is apparent late Friday evening or early Saturday that Congressional action that would prevent a lapse in funding is likely to be enacted on Saturday, OMB will instruct agencies to operate in a normal manner (and not engage in shutdown activities).

Shutdown: If no Congressional action that would prevent a lapse in funding is likely to be enacted on Saturday, OMB will issue instructions to agencies on Saturday to proceed with their shutdown implementation, initiating the orderly shutdown by non-excepted employees. Agencies will need to issue furlough notices to non-excepted employees during the next scheduled work day (Saturday or Sunday for weekend employees and Monday for all other employees). Agencies are encouraged to issue furlough notices electronically to employees where possible. Absent compelling circumstances, agencies should complete orderly shutdown activities for non-excepted personnel within the first half-day (i.e., up to four hours) of an employee's normal work schedule.

(Flickr photo by Phil Roeder)