OPM Congressional Budget Justification and Annual Performance Plan

U.S. Office of Personnel Management

FY 2000
Budget Justification/Performance Plan

(Administrative Services - EX SRV continued)
*Additional Information Available on the Next Page*

OFFICE OF THE GENERAL COUNSEL

The Office of the General Counsel (OGC) provides legal services, both representational and advisory, to the Director, Deputy Director, and programs within the Office of Personnel Management (OPM). The OGC is also a source of expertise for other Government agencies, Federal employees, and the public.

OGC Goal: FY 1999/2000	Timely and high-quality legal expertise on Federal civil service law and related matters is provided to the Director, Deputy Director and OPM programs.

Represent OPM before the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Armed Services Board of Contract Appeals, and Federal courts in EEO cases, appeals of OPM's suitability and adverse action decisions, Government contract cases, retirement cases, and other litigation involving agency actions.

Provide advice and counsel on internal and Governmentwide labor-management issues, and when necessary, represent OPM in litigation involving these issues before the Federal Labor Relations Authority (FLRA) and Federal courts.

Continue to respond to Governmentwide inquiries involving reductions-in-force (RIF), agency reorganizations, employee buyouts, career transition services, and early out authority.

Advocate legal review of cases which have Governmentwide significance at the MSPB and before arbitrators, and seek authorization to appeal those erroneous decisions which will have a substantial impact on the civil service to the Federal court of appeals.

Review and approve procurement matters to strengthen OPM's procurement process, minimize the risk of contract related litigation, and successfully defend procurement actions, including actions under the Federal Employees Health Benefits Act (FEHB).

Provide legal guidance and assistance to OPM managers related to OPM's contract for investigative services with US Investigation Services, Inc., an Employee Stock Ownership Plan company created by OPM during privatization. Share that privatization experience concerning legal issues with other Federal agencies considering privatization options.

Communicate advice and information to OPM programs and offices so that they will be better equipped to recognize issues which have legal implications and carry out their program responsibilities in a manner that will reduce the agency's litigation risks.

Resolve appeals of full or partial denials of information or refusals to amend documented information under FOIA/Privacy Act, and provide legal assistance to OPM and officials from other agencies on FOIA/Privacy Act matters.

Process support garnishment and commercial garnishment actions affecting payments to OPM employees.

Develop and issue internal regulations, policies, and instructions, and provide guidance to OPM employees on ethics. Review and provide guidance on the preparation and filing of public and confidential financial disclosure reports of OPM officials and employees.

Execute the civilian pay and leave claims adjudication and advance decision functions.

Adjudicate and settle claims involving employees' personal property, deceased employees' accounts, veterans benefits, and personal injury.

Collect information relative to legal issues affecting the civil service.

Continue to provide specialty training for attorneys and ensure that they have available to them the necessary technological resources needed to represent and advise the OPM Director and program officials.

Defense of OPM in litigation before the MSPB and EEOC. See chart below.

Support to the Justice Department in defending MSPB decisions sustaining OPM retirement decisions. See chart below.

Support to the Justice Department in representing OPM in Federal court litigation. See chart below.
In FY 1998 participated on a panel at the Assistant United States Attorneys’ conference. Discussed settlement of EEO cases and OPM’s settlement principles, including concerns about using the Retirement Fund as a settlement fund.

In FY 1998 successfully defended OPM, or assisted the Justice Department in defending, in hundreds of cases filed in administrative and judicial tribunals.

In FY 1998 participated in public COLA (Cost-of-Living Allowance) meetings in non-foreign allowance areas (Alaska, Puerto Rico, Virgin Islands, Hawaii and Guam) to inform attendees of the history of the COLA program, summarize pending litigation, recent legislation, and a recent memorandum of understanding, explain proposed research, provide a question and answer period, and solicit input from employees into proposed research. At the conclusion of the process OPM will prepare a report to Congress with recommendations for improvements in the program.

Advocacy for appeal cases involving significant civil service issues to the Federal court of appeals. See chart below.
In FY 1998 pursued a legislative solution, working with the Office of Congressional Relations, to expedite the legal review of cases which have Governmentwide significance.

In FY 1998 testified before the Subcommittee on International Security, Proliferation and Federal Services of the Governmental Affairs Committee. The testimony concerned OPM’s legislative proposal, S. 1495, to modify the Federal Circuit’s discretion to hear OPM’s appeals and extend the time period by which OPM must file an appeal with the Federal Circuit.

Support of ethics and Hatch Act efforts.
In FY 1998 managed the agency’s ethics program which includes the public financial disclosure system, confidential financial disclosure system, ethics education and training, counseling and advice, and a system of monitoring the outside employment activities and the acceptance of travel expenses from non-federal sources.

In FY 1998 issued final regulations governing the political activities of Federal employees who live in localities that are designated as partially exempt under provision of the Hatch Act Reform Amendments of 1993.

In FY 1998 issued final regulations dealing with agency relationships with organizations representing Federal employees and other organizations. The regulations reflect a provision in the Federal Employee Representation Improvement Act of 1996 which permits greater employee representation of employee organizations under certain circumstances.

With regard to specific categories of administrative actions and litigation, the results and targets are as follows:

*Appeals, Claims, etc.*	Number of Cases		Number Resolved		Favorable to OPM		Unfavorable to OPM		Target Number of Cases
*Appeals, Claims, etc.*	*FY 1997*	*FY 1998*	*FY 1997*	*FY 1998*	*FY 1997*	*FY 1998*	*FY 1997*	*FY 1998*	FY 1999	FY 2000
RIF Appeals	5	0	2	3	2	3	0	0	0	0
Suitability Appeals	32	28	30	28	30	28	0	0	40	25

Appeals, Claims, etc.	Number of cases		Number Resolved		Favorable to OPM		Unfavorable to OPM		Target Number of Claims
Appeals, Claims, etc.	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1999	FY 2000
Adverse Action Appeals	8	3	5	3	5	3	0	0	8	5
EEO Actions	80	55	16	13	16	12	0	1	90	60
Federal Circuit Retirement Decisions	251	126	158	116	152	106	6	10	270	150
FEHB Claims	36	14	13	18	13	15	0	4	40	20
ALJ Part 300 Cases	19	11	10	4	10	3	0	1	25	10
Torts	28	25	18	19	18	19	0	0	30	25

*Reconsiderations*	Number of cases		Number Resolved		Favorable to OPM		Unfavorable to OPM		Target Number of Claims
*Reconsiderations*	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1999	FY 2000
MSPB Reconsideration of OPM Petitions	9	3	9	3	6	1	3	2	3	3
Arbitrator Reconsideration of OPM Petitions	0	1	0	1	0	1	0	0	0	0

FOIA/Privacy Act	Number of cases		Number Resolved		Favorable to OPM		Unfavorable to OPM		Target Number of Claims
FOIA/Privacy Act	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1997	FY 1998	FY 1999	FY 2000
FOIA/Privacy Act Initial Requests	37	68	37	68	n/a	n/a	n/a	n/a	40	70
FOIA Appeals	16	36	16	36	n/a	n/a	n/a	n/a	20	40
Privacy Act Appeals	7	12	7	12	n/a	n/a	n/a	n/a	10	15
FOIA/Privacy Act Litigation	0	0	0	0	0	0	0	0	1	0
	n/a = not applicable