Lesson 5: Merit System Accountability

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Shanon Wells
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1 Lesson 5: Merit System Accountability Lesson Overview In this lesson, we will explore the accountability activities that are conducted to ensure federal agency human resources programs are compliant with laws and regulations. In this lesson, you will learn to: Describe hiring process audit activities conducted by the Merit System Accountability and Compliance office and an agency s HR office Identify the correct actions to take to fulfill Merit System Accountability requirements in a hiring scenario Identify the correct reporting actions to take in a hiring scenario Identify annual Delegated Examining internal audit requirements Identify the corrective actions to take when you identify errors in an audit scenario Merit System Accountability and Compliance Through rigorous oversight, the Office of Personnel Management s (OPM) Merit System Accountability and Compliance office (MSAC) ensures federal agency human resources programs are effective and meet merit system principles and related civil service requirements. The following is a list of activities audited by OPM s MSAC office to meet the requirements stated above. MSP 1. Recruit qualified individuals from all segments of society, and select and advance employees on the basis of merit after fair and open competition. Selectees are qualified. Recruitment activities yield a balanced pool of quality applicants. Issues of diversity do not manifest imbalance in the workforce or (past) applicant pools are considered in planning recruitment. Valid selection criteria are documented and applied to each recruitment action. Competition is open and the application process complies with merit system principles and other related legal requirements. Qualification requirements used are job-related and are applied equitably. Applicants with comparable qualifications receive comparable treatment; the examining process does not introduce or reinforce inappropriate biases in rating, referral, selection, placement, or compensation. Page 1 of 5

2 Application acceptance, candidate referral, and interview and placement practices are "neutral." They do not arbitrarily favor or disfavor specific candidates or type of applicants. MSP 2. Treat employees and applicants fairly and equitably, without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition. Information is released under the Freedom of Information and Privacy Acts in a way that does not violate the privacy of any employee or applicant. Information is maintained in a way that does not violate the privacy of any employee or applicant. The delegated examining process is monitored to ensure applicants who are entitled to lost consideration benefits, due to erroneous certification or out-of-order selection, receive the priority considerations to which they are entitled. MSP 5. Manage employees efficiently and effectively. The application process produces quality candidates in a timely manner at a reasonable cost. Hiring activities support public policy on placement of surplus and displaced employees. Agency policies and procedures for accepting late applications are in accordance with 5 U.S.C 3305 and 5 Code of Federal Regulations (CFR) part 332, subpart C. Applicants entitled to file late applications are identified and given appropriate opportunities and considerations. Late applications received from 10-Point veterans for case exams are maintained, and appropriate notification is provided for future case examinations. Veterans Preference Act of 1944 (as amended) Determinations regarding eligibility for Veterans' Preference are properly made, and individuals with Veterans' Preference are afforded their legal rights in recruitment, referral, consideration, and selection. Hiring Practices Audit Activities In addition to routine MSAC audits, an agency s HR office is required to perform an audit of hiring practices. This audit is completed on a certificate prior to selection of an applicant to ensure that the action taken by a selecting official complies with the legal and regulatory selection procedures. Page 2 of 5

3 During this audit you want to: Introduction to Staffing Laws & Regulations Ensure laws and regulations are followed Time-in-grade is met for merit promotion All selections were made according to category rating procedures for DE certificates Veterans preference is adjudicated appropriately when applicable The case file contains all documentation in order to reconstruct the hiring action Requirements Audit Scenario Read the scenario below about how case files are reviewed prior to selection to ensure compliance. Scenario: Requirements Audit Scenario I just need to review these files to ensure that we are compliant. I ll start my review with a Merit Promotion Case before the offer is extended. It s a GS It s open to all status candidates and VEOA. In doing my review I see some issues. First, the Position Description in the case file is the wrong one. It s for a GS Further, the case file is missing the job analysis. It s important for a case file to contain all necessary information in the event of a 3rd party review. Let me move onto the selection. I notice that the highest grade the potential selectee has held is a GS , and as such doesn t meet time-in-grade. Therefore, he is not eligible for a GS-12, and the selection manager will have to make another selection. This scenario explains the importance of thoroughly examining each review before an offer is extended and making certain that every action taken by a selecting official complies with the legal and regulatory selection procedures. Page 3 of 5

4 Reporting Actions Scenario Once the review is finished, findings are reported to the Staffing Branch Chief. Also, the Staffing Specialist documents the findings in the case file and notifies the hiring manager so that another selection can be made. Read the scenario below for the ideal way a Staffing Specialist should proceed in order to comply with the Merit System Accountability procedures. Scenario: Reporting Actions Scenario [Rita] (on the phone) Yes, please let the rest of the Accountability Team know that I will be reporting our findings to the Staffing Branch Chief. [Rita] (on the phone) I spoke with the HR Specialist that worked the case and she will be contacting the hiring manager to tell him what happened. He said he will make another selection and document the case file as to what happened. Annual Delegated Examining Internal Audit Requirements As prescribed by the Interagency Delegated Examining Agreement, agencies must conduct annual selfaudits of their delegated examining operations. The agency may use agency staff to conduct the audit. However, the agency staff should: Not be involved in the delegated examining activities of the office being audited Have received delegated examining training The agency must maintain documentation that the required annual self-audit has been completed. Such documentation will be requested in advance of an OPM or agency-led audit. Agencies are exempt from the annual self-audit only in the year when OPM has conducted a review of its delegated examining operation. Page 4 of 5

5 Corrective Actions to Take When Errors in an Audit are Found Scenario Read the scenario below that explains the proper corrective actions a Staffing Specialist should take upon finding errors during an audit. Scenario: Corrective Actions to Take When Errors in an Audit are Found [Rita] This JOA did not contain a clear basis of rating for displaced employees. The templates will have to be updated to ensure they contain all required documentation. [Rita] Also, when reviewing FLSA coding, I noticed that an employee was incorrectly coded as FLSA nonexempt, when they should have been coded as FLSA exempt. Their coding will have to be corrected and the employee should be informed of the mistake. It s possible that if the employee worked any overtime, they may have been overpaid for that overtime, and will have to owe that money back. Lesson Summary In this lesson, we explored the accountability activities that are conducted to ensure federal agency human resources programs are compliant with laws and regulations. Now that you have completed this lesson, you should be able to: Describe hiring process audit activities conducted by the Merit System Accountability and Compliance office and an agency s HR office Identify the correct actions to take to fulfill Merit System Accountability requirements in a hiring scenario Identify the correct reporting actions to take in a hiring scenario Identify annual Delegated Examining internal audit requirements Identify the corrective actions to take when you identify errors in an audit scenario Visit the Resources page for links to valuable reference documents and websites. Page 5 of 5

Lesson 1: Merit System Principles

Lesson 1: Merit System Principles Course Overview Welcome to Staffing Laws and Regulations! The purpose of this course is to provide an overview of critical hiring laws and regulations, describe how they