Other reference(s): APHIs/Personnel/Chapter 295 #1; Chapter 312
#s
1-3; Chapter 511 #s 1-3; Chapter 551 #1; 5 C.F.R., Part 511
- United States Attorneys and Assistant United
States Attorneys.
United States Attorneys and Assistant United
States Attorneys (AUSAs) are not covered by the Classification Act
of
1949; consequently, they do not have position descriptions. The
Executive Office for United States Attorneys, however, maintains
records
indicating which attorneys handle specialized functional areas,
such as
criminal or civil matters, or who have supervisory
responsibilities.
Thus, Assistant United States Attorneys are assigned numbers,
called
"Master Record Numbers" (the National Finance Center's nomenclature
for
"position description numbers"), which reflect their functional
specialties.
Delegated Classification Authority. Certain United
States
Attorneys have been delegated classification authority. As the
parameters of the delegations vary, a specific letter is
transmitted
detailing the scope of authority. Any action which is effected is
to
comply fully with Office of Personnel Management Position
Classification
Standards.
Position Management.
- Responsibility.
United States Attorneys and the
Director of the Executive Office for United States Attorneys are
responsible for organizing and assigning work among positions in
their
respective organizations in a manner which will serve mission needs
effectively and economically. This includes achieving a proper
balance
between skills availability, funds limitations, sound human
resource
utilization, efficiency and economy, mission requirements, and
matters
of public policy.
Workyear Ceilings. Approved FTE workyear ceilings in
each
employment category (AUSA, paralegal, support staff, and student)
are
not to be exceeded unless an exception is requested and approved.
To
request an exception to workyear ceilings in each employment
category
(AUSA, paralegal, support staff, and students), for each type of
appropriation, approval is required by the Deputy Director for
Financial
Management, EOUSA.
Position Descriptions. Managers are responsible for
ensuring
that current, factually correct position descriptions (PDs) are
prepared
for all positions paid on the basis of the General Schedule (e.g.,
GM
and GS). PDs are necessary for purposes in addition to
classification,
such as recruitment, placement, training, and performance
evaluation.
Projected Positions. The term "projected position" in the
context of this section means a support position which is
established in
advance of the date the duties and responsibilities actually
materialize. In order to verify that duties and responsibilities
have
materialized as expected, projected positions must be desk audited
within six months after they are occupied.
Information on related topics is available in the EOUSA Resource Manual at 57 et seq.:
Other reference(s): APHIs/Personnel/Chapter 550 #s 1, 3 and 4;
5 C.F.R.,
Part 550
- Overtime.
United States Attorneys or their
designees
are authorized to approve paid overtime for their non-attorney
staffs,
subject to availability of overtime budget.
Pursuant to 5 C.F.R. § 550.111, any approval of overtime
must be
documented in writing by a person authorized to do so. It is
recommended
that the United States Attorney redelegate, in writing, this
approval
authority (normally, this redelegation would be to the
Administrative
Officer or to supervisors who are delegated authority to approve
Time
and Attendance records).
United States Attorneys are NOT authorized to approve overtime
premium pay for attorney personnel. Assistant United States
Attorneys
are professionals and should expect to work in excess of regular
hours
without overtime premium pay.
Overtime compensation earned while in travel status will be
controlled for nonexempt General Schedule (GS) employees by telling
the
employee when to travel and by what mode. If the employee travels
at a
different time or by a different mode than that which was ordered,
the
employee receives the lesser amount of compensation based on actual
and
estimated travel.
Compensatory Time. It is the policy of the Executive
Office
for United States Attorneys (EOUSA) that employees must use any
compensatory time off they have earned prior to annual leave.
Time and Attendance Reports. Unless an exception is
specifically authorized by the Director, EOUSA, only the United
States
Attorney may sign his/her own Time and Attendance report, as
certifying
official.
Hours of Duty. See the EOUSA Resource Manual at 60.
- With the noted exception, the Director, EOUSA, and
United States Attorneys are: authorized to grant absence from duty
without charge to leave or without loss of compensation (otherwise
known
as administrative leave) consistent with sound management
practices.
(NOTE: This authority is not delegated for dismissal of groups of
employees in the Washington, D.C. Metropolitan area; that authority
is
retained by the Justice Management Division).
- Emergency Situations.
With the noted exception, the
Director, EOUSA, and United States Attorneys or their designees may
close an office and place employees on administrative leave when it
is
in the best interest of the government to do so or the personal
safety
of the office personnel requires it; i.e., bomb threats,
snowstorms,
floods, etc. (NOTE: Dismissals of employees in the Washington, D.C.
Metropolitan area, due to weather conditions, are authorized by
OPM).
The Director, EOUSA, and United States Attorneys are
responsible for
designating and informing in writing those employees designated
"essential" whose presence on the job is required regardless of any
general dismissal authority.
In the event of a prolonged breakdown of essential building
services, the United States Attorney may close an office or part of
an
office and place employees on administrative leave. In those cases,
it
clearly must be established by reasonable standards of judgment
that the
conditions are such as to actually prevent working. The office
should
consider the physical requirements of the positions involved.
Equity
does not require that if a group of employees are dismissed, other
employees also must be dismissed.
Other reference(s): APHI/Personnel/Chapter 620 #1; 5 C.F.R.,
Part 610
Flexitime. Flexitime is subject to the approval of the
official delegated authority to fix and change work schedules
(seeUnited States Attorneys' Manual Title 3-4.610). Because
employees have a great deal of discretion under a flexible schedule
(e.g., arrival and departure times and the alternate day off for
employees working a "flexible" 5-4-9 schedule), management must
establish a written "flexitime" policy for the office that includes
the
following:
- Proposed core hours and flexible hours;
- Whether arrival and departure time will be set on a daily or
weekly basis;
- Plans for maintaining time and attendance records;
- Additional building costs resulting from flexitime, if any,
and
potential savings in overtime or other expenses; and
- Proposed effective date.
The Personnel Staff, EOUSA, will provide offices considering
the use
of flexitime with further guidance on development and
implementation.
Written "flexitime" plans foster good communication between
management
and employees working under flexible schedules. These plans are
necessary to resolve disputes and form the documented basis for any
disciplinary actions management may deem necessary for employees
abusing
the flexitime work schedule.
Other Reference(s): APHIs/Personnel/Chapter 296 #5; Chapter 630
#s 1-4; Chapter 890 #4; DOJ Order 1630 #1B; 5 C.F.R., Part 630
- General.
See the EOUSA Resource Manual at 61.
Excused Absences (Also known as Administrative
Leave).
Unless specified otherwise, authority to approve excused
absences for individual employees:
- in excess of one hour must be approved by a higher-level supervisor (such as the First Assistant United States Attorney or the United States Attorney); and
- in excess of eight hours must be approved by the Director, EOUSA.
Unless specified otherwise, authority to approve excused absences for groups of employees:
- up to eight hours to close an activity for 1) reasons specified in DOJ Order 1630, 2) hot or cold working conditions, or 3) adverse weather conditions, must be approved by the United Statesm Attorney; and
- all other group absences must be approved by the Director, EOUSA.
- Voting and Registration.
- United States Attorneys or their designees are
authorized to administer procedures and leave limits to be followed
for employees who wish to register and vote in local, state or national
elections.
- Administrative Officers are responsible for disseminating
information to serviced employees as to procedures to be followed
in voting and registration leave requests.
- Blood Donation.
The Department encourages
participation in
blood donation programs. Contributions to these important programs
benefit the community at large and thus every member of the
Department.
Office heads or their designees may excuse an employee up to an
hour to
give blood. In addition, up to four hours of administrative leave
may be
granted the employee for recuperative purposes, if needed. An
employee
who feels well and is able to work after donating blood must return
to
his/her duty station.
- Admission to the Bar.
Administrative leave may be
granted by
office heads or their designees, however, it may not be authorized
for
studying for or taking bar exams.
- Official Time for Employee Representational Functions.
The
Director, EOUSA, and United States Attorneys, or their designees,
are
authorized to approve official time for representational functions
after
determining that such time is reasonable and mutually beneficial to
the
office and its employees.
- Attendance at Events Without Charge to Leave.
Excused
absence may be granted in limited circumstances when an event:
- Is directly related to the office's mission;
- Will enhance the professional development or skills of the
employee in his/her current position (See the EOUSA Resource Manual at 12); or
- Is officially sponsored/sanctioned by the Attorney
General.
United States Attorneys may, at their discretion, grant
employees a
reasonable amount of time charged as excused absence to attend
events
such as training, conferences, or conventions as an official
representative of the office or as a contributor on the agenda
without
charge to leave.
Funeral Leave. The Director, EOUSA and United States
Attorneys, or their designees, are authorized to grant funeral
leave for
funerals of certain military members in accordance with the
provisions
of 5 C.F.R.
Leave Without Pay (LWOP). The Director, EOUSA, and
United
States Attorneys, or their designees, are authorized to approve all
requests for LWOP, including those for periods in excess of 30
days.
Office heads are also responsible for assuring that requests for
LWOP
have been reviewed by the employee's supervisor to assure that the
value
to the Government or the serious needs of the employee are
sufficient to
offset the cost and inconvenience which result from retaining an
employee in a leave without pay status. See the EOUSA Resource Manual at 62.
Other reference(s). APHI/Personnel/Chapter 711 #1; 5 C.F.R.,
Part 711
See the EOUSA Resource
Manual at
63.
Other reference(s): APHIs/Personnel/Chapter 296 #5; Chapter 315
#1;
Chapter 720 #1; 5 C.F.R., Part 720
It is the policy of United States Attorneys' offices (USAOs) to
effectively utilize their personnel resources by increasing the
opportunities of lower-level employees to attain their full
employment
potential. To that end, the following Upward Mobility Program,
which
consists of three components (career and educational counseling,
basic
skills training, and job restructuring) has been developed. The
Upward
Mobility Program is designed to supplement the Merit Staffing Plan.
For
further information see the EOUSA
Resource
Manual at 64.
Other reference(s): APHIs/Personnel/Chapter 300 #7; Chapter 732
#s 1
& 3; Chapter 792 #2; 5 C.F.R., Part 731
Because of the nature of their work, the Organized Crime Drug
Enforcement Task Force (OCDETF) offices have special security
requirements which must be observed.
Since its inception, the OCDETF program has required that all
newly-appointed personnel have a satisfactorily adjudicated
full-field
background investigation completed before physically working in
OCDETF
offices or before being assigned to perform OCDETF work.
This requirement may not be waived for students or other
temporary
staff to be used in these offices. Temporary staffing shortages in
OCDETF offices may be covered by employees that have had a
full-field
background investigation conducted and satisfactorily adjudicated
on
"loan" from the United States Attorney's office.
Other reference(s): APHI/Personnel/Chapter 296 #5; 5 C.F.R.,
Parts 734 and
2634
- Public Financial Disclosure Report
(SF-278).
Title I of the Ethics in Government Act of 1978, as amended,
requires
covered employees, all United States Attorneys, Assistant United
States
Attorneys who are in authorized-for-pay supervisory or Senior
Litigation
Counsel positions, and Schedule C employees, to file a Public
Financial
Disclosure Report (Standard Form 278, Rev. 1/94) within 30 days
after
assuming their covered position. Reports must be filed each May 15
for
the preceding calendar year, and within 30 days after the employee
leaves his or her covered position for the period between the last
annual report and the date employment is terminated (see 5
C.F.R
§§ 2634.201 and 202). Reports are not required from
employees
who serve 60 days or less (see 5 C.F.R. § 2634.204).
Anyone
who files a Public Financial Disclosure Report more than 30 days
after
its due date, including any extensions which have been granted,
shall
pay a la
te filing fee of $200 (see 5 C.F.R. § 2634.704).
Confidential Financial Disclosure Reports (SF-450).
Effective June 10, 1994, United States Attorneys were redelegated
the
authority to act as Deputy Designated Agency Ethics Officials for
the
review and certification of Confidential Financial Disclosure
Reports
filed by reporting individuals within their district.
Title I of the Ethics in Government Act of 1978, as amended,
requires employees occupying positions in which they exercise
significant judgement on matters that have an economic effect on
the
interests of a non-Federal entity to file a Confidential Financial
Disclosure Report (Standard Form 450). This includes duties
involving
contracting, procurement and the administering of grants
(see 5
C.F.R. § 2634.904). Reports must be filed 30 days upon entering
a
covered position and annually by October 31. The reporting period
for a
New Entrant is the preceding 12 months from the date of filing and
the
annual reporting period is the preceding 12 months ending September
30
(or any portion thereof not covered by a new entrant report)
(see
5 C.F.R. § 2634.908). Reports are not required from employees
who
serve less than 60 days. The Office of Government Ethics has
approved
the Department's use of a conflict of interest certification as an
alternative method to filin
g the report for all line Assistant United States Attorneys.
Teaching and Lecturing. Employees should be cautious
to
avoid any conflict of interest with their position and to ensure
that no
interference with the performance of their official duties occurs.
Civic Organizations, Professional Boards and
Committees.
While certain activities (e.g., Community Chest) can be easily
undertaken without creating problems, membership in national and
local
bar committees, state and municipal commissions, corporate boards
of
directors, arbitration panels, and similar organizations, with or
without remuneration, could have the potential for creating a
conflict
of interest or an appearance of a conflict of interest. The Office
of
Legal Counsel (OLC), Executive Office for United States Attorneys,
should be contacted whenever questions arise.
Gifts Received from Foreign Governments. In
accordance with
Justice Property Management Regulations (JPMR) § 128-49.201,
each
United States Attorney's office is required to submit to the
Executive
Office, Attention: Facilities Management and Support Services, by
January 11 each year, a listing of all gifts and decorations,
regardless
of value, received by employees, their spouses, or dependents from
foreign governments during the preceding year.
Other reference(s). APHIs/Personnel/Chapter 296 #5; Chapter 792
#s 1
& 2; 5 C.F.R., Part 792
See the EOUSA Resource
Manual at
65.
Other reference(s): APHIs/Personnel/Chapter 830 #1; Chapter 831
#s
1, 2, 4, 5, and 6; Chapter 990 #s 1, 7 and 10; OPM Operating
Manual, The
CSRS and FERS Handbook for Personnel and Payroll Offices; 5 C.F.R.,
Parts 831, 835, 837, 838, 841, 842, 843, 844, 845 and 846
See the EOUSA Resource
Manual at
66
| August 2000
| USAM Chapter 3-4
|