3. Testimony for legislative hrg

~x' hl'VJ-+ B. . ..' Cede of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2002] (Printed from web page 6/10/03) From the U.S. Government Printing Office via GPO Access Subpart F-Standards for a Merit System of Personnel Administration Authority: 42 U.S.C. 4728, 4763; E.O. 11589,3 CFR part 557 (1971-1975 Compilation). Source: 48 FR 9210, Mar. 4, 1983, unless otherwise noted. Sec. 900.601 , ~y.mg~,!! (a) The purpose of these regulations is to implement provisions of title II of the Intergovernmental Personnel Act of 1970, as amended, relating to Federally required merit personnel systems in State and local agencies, in a manner that recognizes fully the rights, powers, and responsibilities of State and local govemments and encourages innovation and allows for diversity among State and local governments in the design, execution, and management of their systems of personnel adrninistration, as provided by that Act. (b) Certain Federal grant programs require, as a condition of eligibility, that State and local agencies that receive grants establish merit personnel systems for their personnel engaged in administration of the grant-aided program. These merit personnel systems are in some cases required by specific Federal grant statutes and in other cases are required by regulations of the Federal grantor agencies. Title II of the Act gives the U.S. Office of Personnel Management authority to prescribe standards for these Federally required merit personnel systems. Sec. 900.602 Applicability. (a) Sections 900.603-604 apply to those State and local governments that are required to operate merit personnel systems as a condition of eligibility for Federal assistance or participation in an intergovernmental program. Merit personnel systems are required for State and local personnel engaged in the administration of assistance and other intergovernmental programs, irrespective of the source of funds for their salaries, where Federal laws or regulations require the establishment and maintenance of such systems. A reasonable number of positions, however, may be exempted from merit personnel system coverage. (b) Section 900.605 applies to Federal agencies that operate Federal assistance or intergovernmental programs. Sec. 900.603 Standards for a merit system of Dersonnel administration. The quality of public service can be improved by the development of systems of personnel administration consistent with such merit principles as- (a) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment. (b) Providing equitable and adequate compensation. (c) Training employees, as needed, to assure high quality performance. (d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected. (e) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race. color, national origin, sex, religious creed, age or handicap and with proper regard for their privacy and constitutional rights as citizens. This "fair treatment'" principle includes compliance with the Federal equal employment opportunity and nondiscrimination laws. (f) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. (1 )