Page:United States Statutes at Large Volume 92 Part 1.djvu/1216

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1162

Executive resources boards, establishment.

Review boards, establishment.

Career appointees, criteria.

Probationary period requirement.

Publication in Federal Register.

5 USC 3394.

PUBLIC LAW 9 5 - 4 5 4 ^ 0 C T. 13, 1978 Management, which provides for recruitment of career appointees from— " (1) all groups of qualified individuals within the civil service; or "(2) all groups of qualified individuals whether or not within the civil service. "(b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including— "(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and "(2) making written recommendations to the appropriate appointing authority concerning such candidates. "(c)(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee. "(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointment of career appointees. The criteria shall provide for— "(A) consideration of demonstrated executive experience; "(B) consideration of successful participation in a career executive development program which is approved by the Office; and "(C) sufficient flexibility to allow for the appointment of individuals who have speciail or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment. "(d) An individual's initial appointment as a career appointee shall become final only after the individual has served a 1-year probationary period as a, career appointee. " (e) Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority. "(f) The title of each career reserved position shall be published in the Federal Register. § 3394. Noncareer and limited appointments "(a) Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority. " (b) An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.