Executive Order 10987—Agency Systems for Appeals from Adverse Actions

WHEREAS the public interest requires the maintenanceof high standards of employee performance and integrity in the public service, prompt administrative action where such standards are not met and safeguards to protect employees against arbitrary or unjust adverse actions; and WHEREAS the prompt reconsideration of protested administrative decisions to take adverse actions against employees will promote the efficiency of the service, assist in maintaining a high level of employee morale, further the objective of improving employee-management relations, and insure timely correction of improper adverse actions; NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by Section 1753 of the Revised Statutes (5 U.S.C. 631), by the Civil Service Act of 1883 (22 Stat. 403; 5 U.S.C. 632, et seq.), and as President of the United States, it is hereby ordered as follows: SECTION 1. The head of each department and agency, in accord with the provisions of this order and regulations issued thereunder by the Civil Service Commission, and to the extent specified in such regulations, shall establish within the department or agency a system for the reconsideration of administrative decisions to take adverse action against employees. Information on the system shall be brought to the attention of all employees. Within the principles established by this order and subject to the broad guidelines contained in the regulations, each department and agency is authorized to develop such agency appeals procedures as may be appropriate to its own organizational requirements. SEC. 2. (a) The Civil Service Commission shall, not later than April 1, 1962, issue regulations to put this order into effect and shall make a continuing review of the manner in which this order is being implemented by the departments and agencies. (b) Nothing in this order shall be deemed to enlarge or restrict the authority of the Civil Service Commission to adjudicate appeals submitted in accordance with Chapter I of Title 5 of the Code of Federal Regulations. SEC. 3. The Civil Service Commission in issuing regulations and the departments and agencies in developing an appeals system shall be guided by the following principles: (1) The appeals system shall be a simple, orderly method through which an employee or former employee may seek timely administrative reconsideration of a decision to take adverse action against him. (2) Employees and representatives of employee organizations shall have an opportunity to express their views as to the formulation and operation of the appeals procedures. (3) An appeal shall be in writing and indicate clearly the corrective action sought and the reasons therefor. (4) The system shall provide ordinarily for one level of appeal, except that it may include further administrative review when the delegations of authority or organizational arrangements of the agency so require. (5) An employee who has not previously had an opportunity for a hearing in connection with the agency decision to take adverse action shall, on his request, be granted one hearing, except when the holding of a hearing is impracticable by reason of unusual location or other extraordinary circumstance. (6) The employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his appeal. (7) The employee shall have the right to be accompanied, represented, and advised by a representative of his own choosing in presenting his appeal. (8) The employee shall be assured of a reasonable amount of official time to present his appeal. (9) An appeal shall be resolved expeditiously. To this end, both the employee and the department or agency shall proceed with an appeal without undue delay. SEC. 4. The head of each department and agency is authorized to include provision for advisory arbitration, where appropriate, in the agency appeals system. SEC . 5. (a) This order shall not apply to the Central Intelligence Agency, the National Security Agency, the Federal Bureau of Investigation, the Atomic Energy Commission, and the Tennessee Valley Authority. (b) The Civil Service Commission, on the recommendation of the heads of the agencies concerned, may exclude classes of employees the nature of whose work makes the application of the provisions of this order inappropriate. SEC. 6. This order shall become effective as to all adverse actions commenced by issuance of a notification of proposed action on or after July 1, 1962. JOHN F. KENNEDY THE WHITE HOUSE, January 17, 1962