Federal Accountability (E.O. 13839)

Summary

Changes the rules to make it faster and simpler for managers to remove federal workers who perform poorly or misbehave.

What problem does this solve?

Many believe it is too hard to fire government workers who do a bad job, which hurts morale and makes government less effective. This order simplifies the firing process and gives managers more power to remove employees for poor performance or bad conduct.

What does this order do?

Removes requirement for progressive discipline

Allows supervisors to fire an employee for a single instance of misconduct without having to try lesser punishments like suspension first.

Shortens time to improve performance

Generally limits the time an employee has to improve their performance to 30 days, unless a manager decides more time is needed.

Limits union grievance procedures

Directs agencies to try and exclude decisions about firing employees from being challenged through union grievance processes.

Prioritizes performance in layoffs

Requires agencies to focus on employee performance, not how long they've worked there, when deciding who to keep during a reduction in force.

Prevents cleaning up personnel files

Forbids agencies from agreeing to remove negative information from an employee's record as part of a settlement deal.

Requires public reporting on disciplinary actions

Makes agencies report data on employee discipline, firings, and settlements to the Office of Personnel Management, which will publish the information.

Who does this affect?

Federal government employees
Federal agency managers
Public sector unions

What is the real world impact?

•

Increases government efficiency

Aims to make the government run better by making it easier to remove employees who are not performing well. This can improve morale for good workers and help agencies achieve their goals.

•

Reduces protections for federal workers

Weakens job security for federal employees by limiting their ability to challenge disciplinary actions. Critics argue this could lead to unfair firings and make government jobs less stable.

When does this start?

This order sets multiple deadlines for federal agencies and the Office of Personnel Management to update their rules and report on progress.

Agency policy revisions

Within 45 days of the order (July 9, 2018), agencies must revise their discipline policies to match this order.

OPM review of regulations

Within 45 days of the order (July 9, 2018), the Director of the Office of Personnel Management (OPM) must examine existing rules to see if they align with this order.

OPM guidance on data collection

Within 60 days of the order (July 24, 2018), the OPM Director must issue guidance on how agencies should collect and report data on disciplinary actions.

OPM report to the President

Within 15 months of new rules being adopted, the OPM Director must report to the President on the effect of the new rules.