Commentary

The knives are out for the civil service

Failing to implement more meaningful civil service protections now will have dire implications for the future functionality of our government.

Christopher Bonk

July 24, 2024 9:58 am

3 min read

The Biden administration’s new rules for the Office of Personnel Management and the Merit Systems Protection Board taking effect is well-received news for advocates like us who work to defend federal employees and safeguard the integrity of our civil service. It is also a stark reminder of the fragility of these protections, particularly in the face of a potential future Trump administration that has had plenty of time to refine its approach to gutting federal agencies in service of conservative policy goals. The Biden administration’s latest rules, while productive, risk becoming a mere speed bump for a future hostile administration if lasting changes to improve transparency and accountability within our civil service system are not made.

Threats to the civil service have not disappeared since the days of Schedule F, particularly in recent years. House GOP members have tried to hollow out the federal workforce, including through proposals to shift federal employees from defined benefit plans to 401(k)s and reduce leave time. These are not neutral efforts to streamline the civil service but rather measures that will drive top talent away — some of the most attractive perks of a federal sector job are strong retirement security and generous leave, rather than a highly competitive salary. Knocking these benefits out erodes a key motivator for the public servants who keep our most critical federal agencies functioning effectively.

Failing to take the opportunity to implement more meaningful civil service protections now will have dire implications for the future functionality of our government. The return of a more aggressive Trump administration hellbent on enacting Schedule F would undermine the delivery of essential public services. Consider the potential consequences of debilitating, mass reductions in IRS workers, impeding proper audits of massive corporations. The Securities and Exchange Commission, only just recently surviving a threat through the courts, could be at risk of seeing its staff of qualified, motivated experts replaced by those with close connections to the very entities it monitors, increasing the risk of conflicts of interest and undue influence, further undermining public trust.

These are not new problems, but under the shadow of the 2024 election, they are more urgent than ever before. As we grapple with how to face them, there are two principles to keep at the forefront: transparency and accountability. Sunshine remains the best disinfectant on Capitol Hill. There is no shortage of reforms that can ensure public accountability as a safeguard against political patronage and undue influence. One powerful tool would be to enable public trials for whistleblower reprisal claims, bringing to light the struggles of employees who speak out against wrongdoing. In addition, strengthening the Inspector General Act, with a mandate to publish more public reports, would enhance oversight and accountability across the federal government. Empowering inspectors general to investigate and disclose reports of the inner workings of government to ensure their proper functioning according to the law is a simple way to bolster ourselves against abuses of power.

Another critical measure would be to implement a cooling-off period for political appointees before holding a career position in the same agency they were appointed to. This would help mitigate the longstanding practice of “burrowing in,” where temporary political appointees are converted into civil service roles. This tactic is used by outgoing administrations to entrench political appointees into protected career civil service positions, not always with regard to their actual fit for the role. Such politically-driven interference with career government positions stands in opposition to the principles of our civil service.

Though the specter of Schedule F has long seemed like it is in the rearview mirror, we must remain vigilant and remember its lessons: The importance of civil service protections cannot be overstated. As we prepare for election season and whatever lies beyond it, it is essential that we fortify these safeguards to withstand the shifting tides of politics. The dangers of failing to do so are clear, particularly as we contemplate the prospect of future administrations less committed to upholding transparency and accountability. We need comprehensive reforms now to ensure the resilience and integrity of our civil service for generations to come.

Christoper Bonk is a senior associate of Gilbert Employment Law.