Protect Democracy, Democracy Forward and Coalition File Comment Against Proposed Rule, Urge Admin to Stop Politicizing Civil Service

Protect Democracy, Democracy Forward and thirty two other organizations together filed a comment opposing a proposed “suitability and fitness” rule by the Trump administration that would further take away rights of federal workers who have spent their careers serving the American people. The proposed rule would allow the government to more easily fire people for alleged misconduct without the protections that current law provides.

In the comment, we argue that the proposed rule is:

  • Unlawful because it would circumvent civil service protections that Congress has already granted to federal workers. Authority to modify these protections is exclusive to Congress.
  • Intentionally vague, leaving room for politically motivated selective enforcement, which is made worse by centralizing the decision to take action against an employee in OPM. Under this rule, a civil servant could be fired for minimal and non-job-related conduct like a traffic violation.
  • Not supported by any evidence that it would be more efficient than existing procedures or otherwise needed.

This proposed rule would create a radical transformation of the civil service, degrading the quality, effectiveness and impartiality of governmental services by increasing the administration’s improper influence over civil servants.

OPM is attempting to unlawfully bypass Congress and strip civil service protections from dedicated federal employees while leaving the door open for politically-motivated firings. This should be treated as what it is: another attempt by the Trump Administration to consolidate power and politicize the federal workforce. We urge the administration to listen to our concerns and rescind this proposed rule.

Ori Lev, Special Counsel at Protect Democracy

This proposed rule is a blatant attempt to erode long-standing civil service protections. It would allow the administration to fire federal employees without following the procedures that Congress mandated to ensure that the federal workforce is retained based on merit and not politics. We urge the Trump-Vance administration to abandon this unlawful attempt and uphold a government that serves the people, not political interests.

Michael martinez, senior counsel at democracy forward

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