GAO questions timing, fairness of appointees’ career swaps

The Office of Personnel Management is reviewing the shift of 17 Clinton-era political appointees to the career civil service, according to a new General Accounting Office report.

While career civil servants are hired using merit system principles based on fair and open competition, political appointees serve at the pleasure of the agency head. Such appointees are responsible for supporting and advocating the current administration's political agenda. When the administration changes, incumbents in these jobs usually have to resign.

The practice of political appointees converting to career jobs, or "burrowing in," is not uncommon. However, competitive positions in agencies are occasionally tailored to suit political appointees who wish to continue in service. This practice is frowned upon because critics say it cuts off career senior executives from promotions and calls into question merit system protections. In "Personnel Practices: Career and Other Appointments of Former Political Appointees, October 1998-April 2001" (GAO-02-326), GAO identified 17 potential "burrowing in" appointments out of 111 career conversions in the waning years of the Clinton administration.

"In 17 instances the circumstances surrounding the appointments, could, in our opinion, give the appearance that the appointees had received political favoritism or preferences that enhanced their prospects for appointment," GAO found.

Of the 17 appointments in question, nine were career competitive appointments and eight were excepted service appointments. Under the latter category, an agency can appoint people to positions where it is impractical to apply merit system rules. U.S. attorney positions are examples of excepted service appointments.

GAO said appointments at the Justice, Treasury and Interior departments and the Environmental Protection Agency were suspicious because they were made shortly before the 2001 presidential inauguration.

"While the agencies had the authority to do so, the timing of these appointments, as a change in administration is occurring, raises the appearance of political favoritism," the report said. "Agencies need to avoid situations and appearances that could compromise the credibility of the merit system."

GAO referred the 17 conversions to OPM for review and action, if any is needed.

In a written response to the report's findings, OPM Director Kay Coles James said her staff would review the cases.