Head Staff's Guide to Federal Jobs Part 5B Category Rating Objections and Passovers
Head Staff’s Guide to Federal Jobs
Part 5B Category Rating- Objections and Passovers
As a reminder, we are talking about jobs open to the public in the competitive service. Currently, unless agencies get a waiver from OPM, they are required to use category rating. Category rating is not used for internal merit promotion announcements. Veterans Preference does not apply to internal merit promotion announcements
Let’s look at our total hiring list:
Title: Engineering Technician (Mining)
Series and Grade: GS-0802-05
Duty Location: Black Forest
Gold Category
White CPS
Sleepy CP
Charming TP
Happy TP
Doc NV
Grumpy NV
Sneezy NV
Silver Category
Bashful TP
Dopey NV
Bronze Category
(Empty)
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Let’s talk about objections and passovers using this certificate. Technically an objection is a removal from the certificate and a passover is a hiring of a non-veteran over a veteran- but to do that, they are removed from the certificate. As you will see, removal from a certificate is a big deal, so an agency generally does not go through the process unless they also intend to do a passover. Objections can be made only privileges for “proper and adequate” reasons. OPM retains the authority for objections bases n medical qualifications, suitability involving material, intentional false statements or deception or fraud in examination or appointment
OPM also has authority for objection and passover requests for veterans with a 30% percent or more service-connected disability. (CPS vets). CPS vets also have additional privileges as will be explained later.
So, what are proper and adequate reasons? Failure to have the required experience (for example some one shows in an interview they didn’t do what they say on a resume), bad performance rating, personal characteristics- lack of judgement, maturity, history of unreliability, being fired from previous positions habitual use of narcotic without substantial rehabilitation. An objection on these or similar grounds depends on the type of job being filled, how long ago the offense happened, what the applicant has done since then.
Removal from consideration for Failure to respond to correspondence or to report to an interview is not an objection- it is treated as a declination. Failure to pass or complete assessments that are part of the qualification process are a failure to meet qualifications.
For non-CPS vets, the objection/passover decision can be made within the agency. Who in the agency makes the decision will vary by agency. It could be the head of the local HR office. It could be the head of HR in headquarters. It could be a deputy secretary of administration. The request and determination must be in writing, usually on an SF-62, Agency Request to Pass Over a Preference Eligible or Object to an Eligible.
CPS veterans have additional rights. They must be notified of the proposed passover. Hey must be notified of the reasons for the proposed passover. They must be notified of their right to respond to the proposed passover. They have 15 days to respond to the proposed notice. After 15 days, the HR office will send all the information to OPM. OPM will make the determination. This can take some time. If the agency wants to move ahead in filling the position, they need to leave position open in case the objection is not sustained.
Let’s look at our certificate again. The hiring manger doesn’t think White is suitable- she has a lot of gaps in her employment and when asked to explain her mining experience, she says she was in a coma for a lot of it. Does the hiring manger need to do an objection/passover request- no- she still has Sleepy, Charming and Happy to select from. They are all veterans in the highest quality category.
Looking at Charming, she finds a continual history of low-level sexual harassment- something about kissing women who can’t consent. He swears it is innocent, but she has a bad feeling. Does she need to do a passover/objection? No, she still has Sleepy and Happy to choose from. Even though Sleepy and Happy are not CPS vets, they can still be selected because they are veterans in the highest quality category.
Let’s say additional positions become open and Sleepy and Happy are selected. The non-vets in the category cannot be selected unless White and Charming have their objections sustained or decline the position.
Posted Sep 15, 2022, 5:05 PM UTC