3 FAM 2270
SENIOR EXECUTIVE SERVICE (SES) MERIT STAFFING and reassignments
(CT:PER-988; 05-13-2020)
(Office of Origin: GTM/CSTM)
3 FAM 2271 General
3 FAM 2271.1 AUTHORITY
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The authorities are found under 5 U.S.C. 3391 through 3395; and 5 CFR Parts 317 & 359.
3 FAM 2271.2 POLICY
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The purpose of Senior Executive Service (SES) Merit Staffing and Reassignments are:
(1) To recruit and appoint a highly competent and diverse corps of executives to fill specific Departmental needs;
(2) To reassign executives where they will be of the most benefit to the accomplishment of the Department’s mission; and
(3) As an equal employment opportunity employer, the Department of State appoints and reassigns SES candidates in accordance with all applicable laws, and as such, it does not retaliate or discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, parental status, military service, or other non-merit factor.
3 FAM 2271.3 COVERAGE
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
a. All competitive SES staffing actions within the Department of State are covered under Merit Staffing.
b. All movements of career SES members from one SES position to another within the Department of State are covered under Reassignments.
3 FAM 2272 ROLES and RESPONSIBILITIES
3 FAM 2272.1 Executive Resources Board (ERB)
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The Secretary of State appoints an ERB to conduct the merit staffing process for initial SES career appointments. The ERB is comprised of Department of State Executives. The ERB must ensure that competition is fair and open and that all candidates compete and are rated and ranked on the same basis and that each selection is based solely on qualifications and not on political or other non-job related factors. The ERB approves all career SES appointments and reassignments.
3 FAM 2272.2 Qualifications Review Panel (QRP)
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
The ERB delegated to the QRP the authority to conduct the preliminary rating and ranking of candidates, determining the best qualified applicants to be certified by the ERB:
(1) Composition: QRPs are composed of at least three members who are senior-level employees (SES or equivalent) of the Department of State, other government agencies, or from outside the federal government. One panel member must have detailed knowledge of the requirements of the position under review. An Executive Panel Secretary from the Bureau of Global Talent Management, Office of Civil Service Global Talent Management, Executive Resources Performance Management (GTM/CSTM/ERPM) provides technical assistance to evaluators. Exceptions to the composition of the QRP must be approved by the ERB; and
(2) QRP Selection: Bureau selecting officials may select one panel member who will serve as the subject matter expert. GTM/CSTM/ERPM will select the remaining panel members. Consideration will be given to ensure diversity of the panel members.
3 FAM 2272.3 Appointing Authority
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The appointing authority is the selecting official who has been delegated authority for tentatively selecting among candidates certified as best qualified by the ERB, and who certifies the candidate’s executive and technical qualifications.
3 FAM 2272.4 Bureau of Global Talent Management/Civil Service Global Talent Management/Executive Resources and Performance Management (GTM/CSTM/ERPM)
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
The ERB has delegated to GTM/CSTM/ERPM the authority for the operational management of the SES merit staffing process.
3 FAM 2273 STAFFING CONSIDERATIONS
3 FAM 2273.1 Area of Consideration
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
Positions will be advertised in accordance with 5 CFR 317.501(b). In addition to required advertisement through the Office of Personnel Management (OPM), bureaus requesting advertisement of career SES positions will be responsible for developing recruitment plans outlining additional efforts to reach likely sources of qualified candidates, including a positive effort to locate candidates from underrepresented groups, prior to posting vacancies.
3 FAM 2273.2 Priority Consideration
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The following personnel will be entitled to priority consideration for a vacancy:
(1) Career executives whose positions are to be abolished as a result of a reduction in force; and
(2) Career executives referred by OPM under 5 CFR 359.603.
3 FAM 2274 QUALIFICATIONS STANDARDS
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
Qualifications standards for each SES position must be based on a job analysis that identifies the essential elements of the position in terms of duties, responsibilities, and performance expectations.
3 FAM 2275 MERIT STAFFING PROCEDURES
3 FAM 2275.1 Application Requirements
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
Each applicant must submit the following:
(1) A resume or any other written format, which includes all work experience (i.e., grade level/salary, number of people supervised and duties performed), country of citizenship, education, training, special skills, accomplishments and awards;
(2) Narratives addressing both the mandatory technical qualifications and the mandatory executive core qualifications as listed in the vacancy announcement; and
(3) Required documentation as listed in the vacancy announcement.
3 FAM 2275.2 Initial Application Review
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
a. Initially, GTM/CSTM/ERPM will review all applications to determine eligibility and basic qualifications as defined in the vacancy announcement.
b. Applicants meeting the eligibility requirements and basic qualification standards will be referred for consideration to a Qualifications Review Panel.
3 FAM 2275.3 Qualifications Review Panel (QRP)
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
a. Panel members are expected to exercise sound judgment in the impartial application of the approved qualification standards to the education and experience of each applicant.
b. The panel is required to prepare a summary, which explains its determination of each applicant’s status as best qualified, well qualified, or minimally qualified.
c. GTM/CSTM/ERPM will provide the QRP’s rating determinations of all qualified applicants in addition to preparing a certificate of the best qualified applicants for ERB review and certification.
d. The ERB will consider the executive core and technical qualifications of each candidate. The ERB will review the ratings of the QRP and make written recommendations to the selecting official on the eligible candidates, certifying the list of best qualified candidates (as delegated to and determined by the QRP). Rating sheets may be used to satisfy the written recommendation requirement for individual candidates. The ERB certifies in writing that appropriate merit staffing procedures were followed.
3 FAM 2275.4 Selection
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
a. The selecting official has the authority to tentatively select or not select any one from the certificate of best qualified candidates. Interviews of all best qualified candidates referred to the selecting official are required. The selecting official must provide written justification of the selection and non-selection of candidates referred in addition to signing and dating the selection certificate. If no selection is made from the certificate, then the position may be readvertised with adequate justification and approval of the ERB or remain unfilled.
b. The certificate and all selection materials must be returned to GTM/CSTM/ERPM within 30 days from the date the certificate was issued. Extensions may be granted on a case-by-case basis.
c. The selectee’s application is submitted to the ERB for approval and certification that his/her experience meets the mandatory technical and executive core qualifications.
d. After ERB certification, the selectee’s resume and mandatory executive core qualifications statements are forwarded to OPM for certification of executive/managerial qualifications by a QRB (5 CFR 317.502).
e. GTM/CSTM/ERPM extends all formal job offers upon ERB certification and approval of the selected candidate, OPM certification of the executive core qualifications and any applicable pre-employment clearances.
3 FAM 2275.5 Non-Competitive Selection
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
The selection of a candidate who possesses SES career status or any other candidate who possesses non-competitive eligibility for an SES position may be made at any time without competition, subject to ERB approval:
(1) Noncompetitive candidates, including SES Candidate Development Program graduates with OPM certification, and reinstatement eligible candidates may apply through open vacancy announcements; and
(2) All noncompetitive candidates must meet the technical qualifications of the position.
3 FAM 2276 REQUIRED RETENTION OF MERIT STAFFING DOCUMENTATION
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
Records sufficient to allow for the reconstruction of each competitive action will be maintained for two years after a competitive vacancy is filled, or until an OPM evaluation is performed (whichever occurs first).
3 FAM 2277 Applicant inquiries, REVIEW AND APPEALS PROCEDURES
3 FAM 2277.1 APPLICANT INQUIRIES
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
Applicants may make a written request to GTM/CSTM/ERPM for information concerning the procedures and operations of the merit staffing process. In response to written request, the following information will be made available:
(1) The name of the selected applicant once the ERB has certified that the selectee’s experience meets the executive qualifications;
(2) Whether the applicant was considered qualified for the position and referred on the Certificate of Eligibles (“best qualified” applicants) provided to the selecting official; and
(3) Information regarding the procedures followed in recruiting candidates for a specific position.
3 FAM 2277.2 Review on Grounds of Improper Procedures
(CT:PER-988; 05-13-2020)
(State Only)
(Applies to Civil Service Employees Only)
a. When an applicant believes the SES merit staffing procedures were not properly applied the applicant must first discuss the matter with a staff member of GTM/CSTM/ERPM. If an applicant is dissatisfied with the results of such discussion, the applicant may submit a written request for review, through GTM/CSTM, to the ERB. This written request for review must be filed within 15 calendar days of the date the applicant was notified of the selection decision.
b. The applicant’s request for a review should clearly state the procedures that the applicant believes were not properly applied.
c. The ERB will review the request and the procedures followed and communicate the results of its review to the applicant in writing, within 30 calendar days after receipt of such request.
d. If an applicant is a Department of State Civil Service employee and believes that merit-staffing procedures were not properly followed, the employee may file a formal grievance under 3 FAM 4700. Review decisions made by the ERB are final when the requestor is not employed by the Department of State.
e. Non-selection from among a group of properly ranked and certified candidates is excluded from the grievance procedure.
3 FAM 2277.3 Complaints
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
a. Complaints based on alleged discrimination because of religion, age, color, race, sex, national origin, sexual orientation, disability, or reprisal should be filed under the Department of State’s Equal Employment Opportunity procedures.
b. Complaints based on alleged discrimination based on partisan political reasons or marital status should be filed with the Office of Special Counsel or Merit Systems Protection Board, as applicable.
3 FAM 2278 Career SES Reassignments
(CT:PER-744; 08-14-2014)
(State Only)
(Applies to Civil Service Employees Only)
Career SES members may be reassigned as provided in the applicable statute and regulations (see 5 U.S.C. 3395 and 5 CFR 317.901).
3 FAM 2279 Unassigned