Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community Presented by: Julie Broussard Berko, MPA Acting Director, Office of Human Resources National Institutes of Health April 3, 2018
Key Takeaways By the end of this session, you will be able to: Identify and understand the basic elements of the nine merit system principles (MSPs) and their importance in managing the federal workforce Identify the 14 prohibited personnel practices (PPPs) so you can recognize potential red flags Provide appropriate guidance to managers at all levels within the organization, including how to locate additional resources and where to go for support Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 2
Overview Merit System History and Purpose Overview of Merit System Principles and Prohibited Personnel Practices Incorporating Merit System Principles into Modern HR Roles Resources Discussion Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 3
Merit System History: Spoils System To the victor belongs the spoils - Se nato r William Marc y (NY) Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 4
Merit System: History Spoils System Pendleton Lloyd-LaFollette Whistleblower Civil Service Era Act Act Reform Act Protection Act Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 5
U.S. Merit System Protection Board Mission: Protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices ADJUDICATE Employee Appeals STUDY REVIEW Federal Merit OPM Significant Systems Actions Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 6
U.S. Office of Special Counsel Mission: Safeguard the Merit System by protecting Federal employees and applicants from Prohibited Personnel Practices, especially reprisal for whistleblowing INVESTIGATE PPP Violations CORRECTIVE DICIPLINARY ACTION ACTION Victims Violators Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 7
Merit System: Purpose The Merit System Principles (MSPs) promote an effective Federal workforce free of Prohibited Personnel Practices (PPPs) • Summarized under nine aspirational goals, the MSPs serve as the foundation of Federal employment policy and practice, workplace fairness, and the Federal Government’s ability to effectively accomplish its goals The MSPs represent ideals for the way the Federal government should be run but they are not enforceable, standing alone • The PPPs are fourteen actions that are forbidden for employees who have the authority to make personnel decisions Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 8
Merit System Principles “VA Spends Billions Annually Without Proper Oversight ” Recruitment Equity Compensation Conduct Utilization Retention Training Neutrality Public Interest “Agency that’s supposed to protect “Special Counsel Says Julián whistleblowers got slapped for Castro Violated Hatch Act ” retaliating against one of its own ” Merit System Principles and Prohibited Personnel Practices: A 9 Primer for the HR Community
Prohibited Personnel Practices (PPPs) Considering Influencing Coercing Political Obstructing Discrimination Inappropriate Withdrawal from Activities Competition Recommendations Competition Granting Unfair Whistleblower Other Nepotism Other Retaliation Advantage Retaliation Discrimination Imposing Non- Accessing Medical Violating Rules that Veterans disclosure that Records in Implement a Merit Preference Prohibits Furtherance of System Principle Whistleblowing another PPP Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 10
Scenario 1 • Ben is a known member of the National Rifle Association (NRA). Ben receives an unacceptable performance evaluation from his supervisor, Frank, because Frank is opposed to guns and gun ownership. Has Frank committed a PPP? Participant Scenario 2 Perceptions: • Which of these is a violation? Scenarios • Jane grants limited administrative leave for employees to vote in an upcoming federal election • Jane tells her coworker that she voted for Barack Obama in the 2012 election • Jane takes away significant job duties from Jack because Jack will not make a contribution to Jane’s favorite candidate Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 11
U.S. Office of Special Counsel Alternative Disclosure Hatch Act Dispute USERRA Claims Resolution Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 12
Ripped from the Headlines N Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 13
Participant Perceptions: Slido Live Audience Poll Adherence to MSPs
Key Themes of the MSPs and PPPs Treat employees Manage employees fairly in all aspects in the short-term of their Re fr ain fr om misuse of and long-term author ity and pr ote c t employment public interest. e mploye e s fr om har m, suc h as r e pr isal for the e xe r c ise of a le gally pr ote c te d r ight. 15
Incorporating Merit System Principles into Modern HR Roles AO/HR Liaison HR Specialist Supervisor HR Director Provide staff, supervisors, Ensure managers and Motivate, retain, and Develop and implement and managers with supervisors make merit supervise staff – actions Human Resources policies guidance and resources on based decisions and avoid which are all covered by that adhere to MSPs MSPs and PPPs PPPs MSPs Keep abreast of Human Research best practices Ensure that every Adequate programs and Resource policies and and lessons learned from personnel decision is services to train, reward, guidance and collaborate other agencies and identify guided by MSPs and avoid and retain high performing with their HR Specialist on opportunities to engage any action that could be a staff any potential issues staff potential PP P Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 16
For additional information please visit: HR University OSC Website MSPB Studies Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 17
Discussion
Julie Broussard Berko, MPA Contact Information Acting Director, Office of Human Resources National Institutes of Health 301.496.3592 berkojb@od.nih.gov http://linkedin.com/in/jbberko https://www.facebook.com/NIHforJobs/ https://www.instagram.com/nihforjobs/ Glassdoor Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 19
Back-up Slides 20
Merit System Principles - Details Recruitment Equity Compensation Conduct Recruit a diverse Treat employees Pay employees Hold employees to pool of applicants applicants fairly fairly high standards and equitably Hold fair and open competition Respect Recognize and employees’ privacy Put the public reward Select the best- and constitutional interest first performance qualified applicants rights 21
Merit System Principles – Details con’t Public Utilization Retention Training Neutrality Interest Retain Protect employees Protect employees based on Provide employees Use the against performance employees against reprisal workforce arbitrary with training for efficiently and action, and whistleblowing effectively favoritism, and Effectively development or exercising a political address poor right. coercion. performance Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 22
“ Secret Service agrees to pay “OSC Prosecutes HR Specialists “EPA to Collect Retention Bonuses $24M in decades-old race-bias for Allegedly Helping Pre-Select a It Mistakenly Paid to Employees” In the case brought by black agents” Candidate” N W E S MSP 1: Recruitment MSP 2: Equity MSP 3: Compensation “Huge bonuses and forced “VA Spends Billions Annually “Watchdog Says EPA transfers were downfall of top Without Proper Oversight ” Management Failing to Promptly TSA official Kelly Hoggan ” Discipline Problem Employees ” MSP 5: Utilization MSP 6: Retention MSP 4: Conduct “Better Career Development “Agency that’s supposed to protect “Special Counsel Says Julián Needed, MSPB Says ” whistleblowers got slapped for Castro Violated Hatch Act ” retaliating against one of its own ” MSP 7: Training MSP 8: Neutrality MSP 9: Public Interest Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 23
Political Context – Public Policy Fair and orderly processes for hiring, pay, promotion, rewards, discipline Merit-based Compliance with law, Due process protections public policy & negotiated No patronage or F HRM agreements favoritism Law and Judicial Decisions Merit Driven by work requirements and individual competence System Open Competition | Job Analysis | Candidate Comparison Principles Equity-based competition | Just Cause Merit System Principles and Prohibited Personnel Practices: A Primer for the HR Community 24
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