Understanding a Controversial Federal Employment Classification
Schedule F became a point of contention in federal employment discussions, particularly during the latter part of the first Trump administration. It’s crucial to understand what it is (and was or could be yet again) and its implications. In short, Schedule F was an executive order category that reclassified certain (not all) federal employees, potentially stripping them of currently enjoyed civil service protections.
What was Schedule F?
Executive Order 13957, titled “Creating Schedule F in the Excepted Service,” was signed in October 2020. It created a new category within the excepted service of federal employment called “Schedule F.” This category was primarily intended for federal employees in “positions of a confidential, policy-determining, policymaking, or policy-advocating character.” It was not intended to apply to all employees.
Key Implications of Schedule F for affected employees
- Loss of Civil Service Protections: The most significant impact would have been removing civil service protections, including many due process protections, from employees reclassified under it. These protections, enshrined in Title 5 of the U.S. Code, include competitive hiring processes, protection from arbitrary dismissal, and due process rights.
- Easier Hiring and Firing: Without these protections, it would have been easier for political appointees to hire and fire employees in Schedule F positions, potentially leading to a more politicized civil service.
- Impact on Agency Expertise and Continuity: Critics argued the proposed change could have undermined agency expertise and continuity by allowing for the dismissal of experienced career civil servants. This was a significant concern given the instability of the first Trump administration and repeated requirements that federal employees should be loyal to him, as an individual, rather than the U.S. Constitution.
Current Status
President Biden revoked Executive Order 13957 shortly after taking office in January 2021. This action eliminated immediate concerns. However, with the election of Donald Trump and publication of Project 2025, Schedule F is again a possibility.
Why was it Controversial?
Schedule F sparked significant controversy due to concerns about:
- Politicization of the Civil Service: Many argued that the proposed change to Civil Service could lead to a “spoils system” where federal jobs are awarded based on political loyalty rather than merit. This is the exact opposite of the intention of the Merit System in federal employment.
- Erosion of Expertise: Concerns were raised about the potential loss of experienced career civil servants who provide essential expertise and institutional knowledge, particularly those that may hold professional opinions in opposition to a Presidential administration.
- Weakening of Merit System Principles: The proposed change was seen as a threat to the merit system principles that underpin the federal civil service. These principles have effectively resulted in what is considered the most efficient and non-politicized federal workforce in the world providing continuity of operations of government services when political power shifts.
Conclusion
Schedule F was a short-lived but highly debated attempt to restructure portions of the federal workforce. Its revocation means it is no longer in effect. However, the discussions surrounding it highlight ongoing debates about the role of the civil service and the balance between political control and career expertise in government. It is reasonably expected that the second Trump administration will make attempts again at implementing Schedule F. According to Project 2025, this effort will be even more broad and impact more employees on the second attempt.
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