C. Eleventh-Hour Hysterics In December 1976, the Civil Service Commission again went into ACTION, acting this time on the basis of allegations the agency was making some last-minute effort to blanket-in "loyalists" who were not in competitive positions. Four regional director positions, recently converted from Schedule B to competitive service, were specifically mentioned. Upon investigation, the Commission found evidence that a number of "eleventh-hour" conversions had, indeed, been planned beforehand at a reported meeting of the ACTION management council in San Diego in September 1976. As a result of the review, the Commission reversed the reinstatement of two of the regional directors and the conversion to career status of two other key-level employees in the national office. Of these four employees, only one is still serving with the agency. He is a regional director and is still a Schedule B (two of the other regional directors are currently career, and the remainder are Schedule C). As of September 30, 1978, ACTION had a total of 25 foreign service employees working in offices other than International Operations. The corresponding number on June 30, 1976-immediately after the conversion but well before the election or change of administrations--was 28. Of the total foreign service employees now working in support offices, 19 are Foreign Service Reserve (professional/ technical) and 6 are Foreign Service Staff (clerical). Fifteen of the employees have permanent appointments and 10 are temporary, a not altogether meaningful distinction since permanent foreign service appointments are also time limited. Eight of the foreign service positions in support offices are classified at supergrade levels (FS-1 and FS-2). ACTION has no written policy on how positions in support offices will be filled. As explained to the Investigative Staff, the Assistant Director for Administration and Finance is under instruction to try replacing foreign service employees in support positions with general schedule employees, but, in practice, the Assistant Director may still open up jobs to either type of employee if such advertising is likely to attract the best applicant. As if to illustrate the point, two mid-level support office positions were advertised as both foreign service and civil service just shortly after this study was begun. The positions were both "staffing specialists" and were located in the personnel office. The reason for posting the vacancies in this way was that both positions were to have some responsibility for recruiting Peace Corps staff. One of the positions was subsequently filled with a foreign service appointment. The employee union at ACTION has a long record of opposition to use of the dual personnel system in support offices. It is the union's view that under a foreign service appointment, the employee has no seniority, lesser fringe benefits, and his mobility is restricted. Also, his grade is not necessarily based on "equal pay for equal work," thereby making for morale problems. It is the union's contention that the policy of using only general schedule positions in support offices (except FS-1 and FS-2) was established in 1976 concurrent with the conversion exercise but never put in writing. When this report was prepared, the union was considering whether to file an unfair labor charge relative to the recently filled foreign service position for failure to negotiate a major policy change. The Investigative Staff agrees fully with the union position on use of foreign service positions in support offices. While the flexibilities of the dual personnel system may be desirable from a management standpoint, there are not enough safeguards to prevent its abuse. In the hands of a willful director, it could still be used as the means for attaining political ends. To make his position on the issue clear and affirm his commitment to an "open" personnel policy, the Investigative Staff suggests that the present director discontinue the policy of using foreign service appointments for support positions. E. The "Fifth Column" Myth Without in any way condoning earlier improprieties and misuse of the personnel system at ACTION, the Investigative Staff can in no way relate any of that activity to a conscientious effort to "lock in" the party faithful or deprive the present director of a large block of excepted positions. The record makes it clear that the conversions were initiated by the Civil Service Commission rather than by the agency, and the timing of the actions was such that the subsequent change of national administrations could not possibly have been a motivating factor. If, as reported, ACTION management has "to keep one eye cocked to the rear at all times," the Investigative Staff must accordingly conclude that the implied "fifth column" is not made up of political holdovers who have become an impediment to the effective accomplishment of agency programs. One high-level ACTION official agreed, in effect, with this conclusion. In his judgment, apathy is a more serious organizational problem at ACTION than open disagreement or sabotage of proposed policies and procedures. The apathy was attributed, in part, to unrealistic expectations. Some employees expected the new director to bring the agency back to its halcyon days of the mid-1960s when Peace Corps and VISTA were glamour programs, and he has not produced at that level. Thus, employees can see few changes, and this has resulted in poor morale and the development of a faction which is not "pulling with the team." F. The Jim Fare Incident Jim Fare is an ACTION employee whose name has become identified with the conversion exercise. According to the agency, Fare is an incompetent employee who acquired civil service status during the vacuum between the change in national administrations and is, thus, locked-in to his job. Fare (according to the agency) has proven himself ineffective at performing the duties of his GS-16 position of Deputy Assistant Director of Administration and Finance. Accordingly, he was nominated for a special training program at George Washington University (GWU) in business administration to improve his management skills. The training began in October 1977 and ended in October of this year. training, Fare received full salary. While in According to Fare, he was hired in 1975 as an FS-2 to fill a career supergrade position. The only reason the foreign service authority was used for the appointment was to overcome the absence of allocated supergrade slots. ACTION was successful in obtaining a Civil Service Commission allocation of a career GS-16 for the position in January 1977, at which time Fare reacquired tenure. Fare alleges that he served as Acting Assistant Director for Administration and Finance from February 28 to September 15, 1977, at which time the appointment of the new Assistant Director was confirmed by the Senate. Shortly thereafter, Fare was advised that the new Assistant Director wanted to replace him, and the negotiations began which resulted in his matriculating at GWU, pursuing a general program leading to a doctorate in business administration, at taxpayers' expense. In the interim, another Deputy Assistant Director for Administration and Finance was appointed at the FS-2 level. The record shows that Fare is a career employee with over 18 years of Federal service, whose initial appointment as an PS-2 and subsequent conversion from foreign service to general schedule were in no way influenced by political considerations. The timing was such, however, that the latter action gave the impression of being rigged to deprive the new administration of a high-level excepted position, and the coincidence could have gotten Pare off on the wrong foot with the new officials who were taking over. The evidence neither supports nor refutes Fare's competence. In his favor, he made rather rapid career advancements and attained a high position before being appointed by ACTION. On the other hand, the inadequacies of ACTION's accounting and management reporting system, disclosed as a result of this investigation, do not speak well of Fare's accomplishments during the years he served as Deputy Director of the management organization. Fare was scheduled to come back to ACTION on October 15. Plans for the way in which his services would be utilized were still indefinite at the time of this report. In the meanwhile, ACTION has the unique distinction of having two Deputy Assistant Directors of Administration and Finance, the one appointed under the civil service system and the other serving under a foreign service appointment. The Investigative Staff found that the number of high-level management positions and positions excepted from civil service rules and regulations has increased since the present director of ACTION was appointed. A. Increase in Noncompetitive Positions The so-called "Plum Book" is considered generally to be reflective of the "political jobs" in an agency. Specifically, the listing covers a wide variety of positions outside the competitive civil service, including: Noncareer Executive Assignment (NEA) positions in Schedule C positions. -- Other excepted positions GS-14 (or equivalent) and above, including selected positions under Schedules A and B. The last official "Plum Book," properly entitled "U.S. Government--Policy and Supporting Positions," was assembled by the House Committee on Post Office and Civil Service in November 1976, with information current as of September 3, 1976. The ACTION personnel staff compiled a corresponding listing for the Investigative Staff current as of March 30, 1978. Comparison of the two listings shows an increase of 30 positions, as follows: |