Fedblog


Remember that case I wrote about back in October, where a veteran who had been denied a job the Defense Department filled with people from the Federal Career Intern Program sued the department on the grounds they hadn't appropriately factored in his veterans' preference? It looks like the veteran in question, Stephen Gingery, got a pretty good Christmas present. The federal circuit court panel that was hearing the case has reversed the Merit Systems Protection Board decision that DOD had not violated veterans' preference by filling the jobs with FCIP candidates. No word yet on how the court views the Bush administration's sweeping claims of executive power to determine which jobs are competitive and which are not, a central element in the administration's defense in the case.

COMMENTS


  • Congratulations Mr. Gingery and thanks for challenging the system. I hope the panel will take a broader look into the Merit Systems Protection Board, because in my view there are a lot more well qualified veterans who has been and are being denied a job with DOD (specifically Department of the Army), because the mind-set is it is less costly to fill a vacancy with people from the Federal Career Intern Program.

  • OPM and it's Inspector General have been involved for many years in devising elaborate, diabolic, and transparently fraudulent schemes for not only denying veterans' preference but also for systematically precluding veterans from even being considered for federal employment. Is it any wonder that vets have been so poorly represented in federal employment statistics for over thirty years. Throughout the '90's, IG Mcfarland, his senior audit staff, and OPM's Office of Employment Services knowingly, deliberately, and illegally abused provisions of the Louvano Consent Decree to non competitively hire IG audit staff. The purpose was specifically to avoid hiring vets and displaced federal employees. Once these many years of corrupt hiring practices were exposed, IG managers conspired with OPM to whitewash and "legitimize" years of illegal hiring through phoney vacancy announements. As an OPM Asst. Inspector General, I became aware and subsequently disclosed to the IG that a senior OIG audit manager suborned fraud by ordering illegally hired auditors to perjure themselves on official govt. employment applications. Once the cover up was complete and the IG and Clinton OPM Director Janice LaChance had effectively absolved themselves of gross malfeasance, the IG audit manager who had suborned fraud was promoted to the SES. Stephen Gingery's positive outcome as a vet represents one in a thousand.

  • Good for Mr. Gregory!! I've applied for mid-grade (GS-11/13) positions with both the DoD and VA as a disabled (30%) veteran and either never hear back from the agency or they close the announcement. Pretty despicable when even the VA discriminates against veterans. There must be something in the water that federal managers drink because I've even received disparaging comments from a supervisor who is a retired USAF Lt Col. There also seems to be confusion that a veteran must still meet the minimal qualifications for a job to even be considered.

  • How anyone can be so calloused towards veterans these days is beyond my comprehension. Even the Veterans Administration has been a bad actor. I've been in management meetings where veterans in general were being bashed with great relish. And would you believe that I'm employed by the DoD? I don't see any point in revealing my own veteran status in those meetings.

  • Yep, been there! As a service-connected vet I was denied a job with the Army Corps of Engineers three times because they chose to fill it with women, none of whom had my academic qualifications. Boy, does that smart! Now, I'm happily retired, but have to wonder how our recent crop of vets from Afghanistan and Iraq are faring? Also, why should the wives/husbands of vets get preferential treatment? What have they done for their country, except marry a vet? That must be stopped, if it can.

  • There is an across-the-board unofficial effort at SPAWAR to disqualify/dissuade veterans, even disabled ones who come in with 105 or 110 points on a cert. I've seen cases within the last five years where every veteran on the list will be disqualified, just to get at a non-vet contractor.

  • Just keep fighting the system and you can prevail. I am going to form my organization in helping us Disabled Veterans what is due ours and thats respect.

  • Just keep fighting the system and you can prevail. I am going to form my organization in helping us Disabled Veterans what is due ours and thats respect.

  • Keep fighting Vets you will prevail.

  • It is my observation that there are WAY too many inconsistencies in hiring practices between goverment agencies, not to mention their individual failings and incompetencies. Regarding "Veteran"'s comment on 12/29, filling vacancies with FCIP candidates may serve the short-term and earn some isolated/personal political capital, but this in no way promotes the long-term professional knowledge base that is so important in government services. Add to that the fact that many of these interns have historically gone into the private/commercial sector or, even worse, been handed senior-level positions without any practical experience to understand the technical side of the functions they are assigned to manage.
    Regarding comments about the VA and its hiring practices, the VA's Human Resources are in the Dark Ages as far as hiring goes - they're still processing applications manually. Also at the VA, there is a perception that people with a medical background are better suited to run almost any program, which has lead to significant program and performance deficiencies. Its time for senior administrators to get acquainted with the concept of "best practices" and hire people that are best qualified, regardless of whether or not they're a doctor or nurse (for non-medical positions).
    I am a Veteran and have been turned down for positions because I did not meet the minimum qualifications. Admittedly, some of the positions that I applied for were just a hair higher than my qualifications, but others I know I met the minimums - some of which has to do with the Specialists who review applications and don't have a clue about the job/announcement that they're screening for. Example: I applied for Entry-level Border Patrol Agent yet was rated as not meeting the minimum requirements - with 7 years of civilian law enforcement experience to my credit. Need I mention that the Specialist that evaluated my application barely spoke English? Another factor that I was recently told about: Veteran's are offered positions but either a) turn the job down (i.e. they didn't really want it in the first place) or b) they turn out to be slugs who don't want to work - which brings us around to the supervisory responsibility of effectively evaluating, documenting, and acting on performance issues.
    DHS has been taking some heat, across the board in subordinate agencies, with recent Workforce Satisfaction assessments on. The failure of agencies to promote or hire personnel with supervisory and managerial competencies is a major factor. Croniism and personal gain come ahead of benefits to the organization and the mission to be accomplished. Example: A GS-15 HR manager who refuses to share hiring data with workforce planners who are looking to create staffing models and fill any vacancies. Complaints about this manager fall on deaf ears as he/she is "protected" by his/her friend/supervisor that is an SES. How do you solve this problem? Wait until they decide to retire? In the mean time, work force development suffers and others who are trying to accomplish the organization's goals are, to say the least, frustrated.
    "If you want to change an organization, you first have to change the people."

  • The U.S. Army Corps of Engineers, Los Angeles District is notorious for filling in permanent position with FCIP position because they do not have to announce the position as competitive. In this manner, they can give a position to a specific person and convert them down the line into a permanent employee. I have seen this on numerous occassions where managers hire their neighbors kids, distant relatives, and even sell the FCIP positions to individuals. The government needs to start looking at QUALIFIED individuals and rating them based on criteria not connections.

  • Many Vets have skill sets that are specific to defending our country. These are admirable, but do not necessarily apply to the business of running the government. I have screened many prospective employees in the Telcom sector, finding the most qualified, only to be trumped by a Vet who may have served his country, but knows little about Telecommunications. This is not good for the employee or the government. My suggestion is to rate the applications and let the vet preference determine the best of the top five.

  • Agencies like to use the FCIP because no public notice is required. Often agencies use it to hire graduating students at college career fairs. Veterans preference must be considered under the authority, but if no veterans apply (attend the career fair)in effect the agency has mitigated the effect of veterans preference on a hiring list. The FCIP appointing authority allows conversion to the competitive service after two years, and therein lies the rub. To be hired into the competitive service should require fair and open (announced) competition. FCIP seems to be another end run around veterans preference, just as the outstanding scholar authority was. As an HR Specialist, I am constantly asked by management how to get around a veteran on a certificate. As a 10-point veteran, I always reinforce the fair and open competition aspect of federal hiring, but unfortunately that does little to dissuade managers who have preconcieved notions of veterans and their ability to perform a certain civil service job. Veterans preference is the only hiring preference codified in law (Title 5), and it is indeed unfortunate that many attempts to minimize the impact of the law have been successful.

  • The Federal Career Intern Program (FCIP) gets around the veterans preference since it is difficult for the veteran to know that an agency is hiring since they usually do not post the FCIP jobs.

  • Its bad enough the VA denies your compensation because the government lost/ more like intenally filed in file 13. They tell emsorry we cannot find tour records so you have to wait 3 years for a dog, hearing, hey if they lost some senators records, someone be 78 them tommarrow and all sudden they were found, they loose our records, the government tells us to go take a hike. Then these government anit american anti veteran tell us we have a prioirty in Federal jobs and every time we put in for one they deny us, I'm at 1023 submitting 1024 through USAJOBS, what a lie we have priority like Michael Jacksons thePresdient of the United States, one big case of the cow dungas, BS. Don't hold your breath read the DAV article April 2009 the VA has only 30 percent veterans and 8 percent of those are disabled and they wonder why there so many suicides, you have the bus driver manageing NASA. Time veterand start forming are own group, today, effective power with large force. Women veterans, veterans are just dumped on by a government who too busy lying. were not just veterans were dishonered American veterans. ALL MILITARY you need to make copies all records before you get out, all. The benefits on government jobs, well your turn blue first. ONE GOOD CLUE-DON'T SERVE. Be like the rest that got our jobs in the Federal Government, just say your too busy getting good pay for having a high diploma.

  • You know. I support our troops. I support our vets. I love my country. In the same time. I am also unemployed and not a vet and not married to a vet. I have worked my way through college, gotten a degree in civil engineering and I have work experience. Unfortunately when the housing bubble burst it hit my area extremely hard. Civil firms have LEFT TOWN. There is an unimaginable amount of unemployed, experienced professionals, including me, who are stuck in this area with a morgage that we cannot get out of. I've applied to 32 federal engineering positions. When I wasn't making the cut list for ANY of them I decided to go to the agency and ask some questions. Why am I not making ANY of the cut lists? The answer: you have not served and are not married to someone who served. I dont know what you are talking about because all I'm seeing is No No No on my end. There are people getting out of the service and they are applying to every single job listed in the area and that is just pushing me farther and farther down the list. They may not even have any relevant expereince but if they are 100% disabled they get pushed to the top of the list. Not everyone can do my job. You need a vast knowlege in many different aspects of the career. I just dont understand.

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Government Executive Staff Correspondent Alyssa Rosenberg takes a look at news affecting the management and operations of the massive federal bureaucracy.

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