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my name is Ralph Smith I'm a frequent
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writer with fedsmith.com and the purpose
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of the video today is actually twofold
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the first thing and I guess the primary
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objective is to talk about the new
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executive order that President Trump has
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just issued and second I was going to
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briefly talk about what's going on
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generally with deferred resignation that
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part won't take long but we've had a
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couple of questions from people and will
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address those I'm going to start with
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that and then get into the executive
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order which is frankly a lot more
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complex and a little bit longer than you
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might expect in terms of the substance
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if not the length or the number of
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sheets of paper that it takes the new
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executive order is called implementing
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the president's Department of government
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efficiency and Workforce organization
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initiative so that's it and the
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questions we've got basically come from
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people who said we were offered deferred
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resignation and something like 65,000
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people have signed up for it uh it's
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been delayed we don't know what's going
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to happen we don't know how many courts
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are involved but for some of us we're
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not in a bargaining unit the union
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doesn't represent us but were affected
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by the delay or perhaps the cancellation
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of the Deferred resignation we had in
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some cases worked out something where we
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thought this is a great chance uh I'm
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eligible to retire I can leave early and
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still get more credit for my
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retirement until September 30th which is
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when the Deferred resignation period
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ended in other cases the person was
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saying I've got 10 years I've got 15
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years and I had worked out because I saw
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this coming that I have a chance to
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leave my government job still get paid
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and go to work for a private employer
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and it gives me some time to work things
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through to make sure this is going to
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work out for me with this new job
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now it seems like everything's on the
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back burner who's representing those of
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us who took the Deferred resignation
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offer and now that it's in limbo what do
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we do well in first as far as who
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represents you as you probably noticed
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uh the union represents people in the
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bargaining unit and the unions are going
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to do what they do which in this case is
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basically file a lawsuit on each new
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step in the process with each major step
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anyway as far as who represents you if
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your interests are different than that
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the answer is yourself I suppose if
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50,000 people wrote to this judge in
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Massachusetts and said I don't like what
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you're doing let this go through so we
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can take advantage of it maybe that
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would have an impact the reality is
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nobody's organizing an effort like that
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so you're just kind of on the sidelines
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watching the only advice I can offer
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from having seen this happen in various
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agencies over the years is look at out
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for yourself and I'll explain what's
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going to happen in more detail with the
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new executive order although frankly
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none of it's a surprise OPM said this
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was going to happen now it's happening
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we don't know what's going to happen
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with the Deferred resignation offer uh
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the judge has put it in limbo uh not
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surprisingly in the initial court case
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there's a lot of forum shopping that
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goes on it's probably not a big surprise
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to anyone who follows this that the wor
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case is coming out from a court in
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Massachusetts perhaps the most liberal
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state in the country so the person
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filing the lawsuit the organization
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filing the lawsuit tends to pick a court
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and perhaps a judge they might get that
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has a chance of giving them what they
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want out of it now if they cancel it
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those of you who took the resonation are
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going to have to wait around because
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regardless of how it comes out there's
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likely to be an appeal it's likely to
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get to the Supreme Court eventually but
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you're talking about a period of
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months realistically the Supreme Court
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does have an expedited process for
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taking cases they don't use it very
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often and frankly I don't know that they
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would ever consider using it in this
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case it's more of an internal government
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matter although it affects obviously
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hundreds of thousands maybe millions of
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people but that's where it stands you're
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kind of in limbo now for the next step
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oh M said when they issued deferred
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resignation offer that if you don't take
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this offer you're going to see a lot of
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changes in government and this new
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executive order that came out yesterday
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from president Trump explains what some
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of these changes are going to be at
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least in a broad sense I'm sure that OPM
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will be coming out officer personnel
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management will be coming out with more
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specific guidance telling agencies we
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are requiring reports from you on
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several different things here's the
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deadline here's what the reports have to
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contain Etc as of this recording that's
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not out we'll probably do another one
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once we see what that guidance says uh
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and when it comes out which will
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probably be in the very near future
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based on the speed with which the
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government is handling this process on
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to the executive order broadly it does
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several things first agency heads are
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going to coordinate with Doge to shrink
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the federal Workforce and limit hiring
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now some of you don't like Doge some of
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you think it's doing a great thing well
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doesn't make too much difference but
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what they're saying is agencies are
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going to be working with the
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representative in your agency from the
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Department of government efficiency to
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try and limit the size of the workforce
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into a greater extent also Li limiting
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or getting rid of some of the functions
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your agency may be doing right now which
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are not designated by Statute but it be
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put into place by executive action of
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One S one kind or another OPM is going
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to initiate rul making to ensure federal
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employees are held to high conduct
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standards and I'll get into that in more
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detail in just a minute and the purpose
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of the executive order is to
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significantly reduce the size of the
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federal Workforce so that's where this
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is coming from the purpose of the
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executive order according to the order
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itself is to eliminate waste and bloat
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in government as you seen if you watch
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the news recently especially some
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stations more than others doge is
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finding out a number of things involving
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where government money is going and in
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many cases it may be going to our
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enemies people that want to do harm to
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the United States but we're paying them
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to do something one of the things that
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will affect some of you uh especially
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when I think the number of retirements
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are going to be going up we had an
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article that just appeared this week
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showing that the start of the new year
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there's a 68% increase in the backlog of
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processing retirement applications for
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the federal government and obviously the
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number of people retiring with all this
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going on is going up one of the things
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that Doge has found is that the maximum
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number of retirements the government can
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process in any period short period of
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time is 10,000 and they say the reason
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for that is that OPM keeps a lot of
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Records in a mine in boers Pennsylvania
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and the maximum that they can handle
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because it's all done manually instead
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of by computers is 10, ,000 in a month
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so that means even if you are eligible
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to retire you submit your paperwork it
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may take longer than usual we'll have to
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see what happens but that seems like the
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most likely scenario so the first issue
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supposedly directed at waste and bloat
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in government second is empowering
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American families and taxpayers and
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finally empowering our system of
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government I'm just taking that from the
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executive order itself as to why it was
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being issued by President Trump now
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what's the guidance for agencies to
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reduce government size there's several
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aspects of this first is hiring the
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hiring ratio for most agencies for every
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four employees who quit resignation they
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just quit walk away whatever they do the
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agency will be able to hire one so
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obviously that's going to reduce the
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size of government second as hiring
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approval be required agency is supposed
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to develop with the Doge person or the
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Doge leader assigned to their agency to
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hire new career appointments to make
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sure that they're really necessary and
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that they're going into the places that
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the agency needs that expertise the most
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and finally hiring restrictions Doge
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will will determine what jobs need to be
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filled and which ones don't now that can
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be overridden by the agency head but
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doge is going to play a role in the
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initial hiring process the new executive
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order also specifically references
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reductions in force or riff as it's
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called in the government we knew this
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was coming this executive order pretty
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much lays out that it's going to be a
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key piece of making the government more
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efficient or more specifically reducing
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the size of government it anticipates
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large scale reductions and agencies are
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being directed to start preparing to
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implement these Rifts that's why I think
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OPM is going to be coming out with more
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specific information information for
9:30
agencies on how to actually go through
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the preparation process or what
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information OPM needs in order to report
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on what's going on in the government to
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implement this executive order it also
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specifically mentions in the executive
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order that temporary employees and
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reemployed annuitant to be separated in
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other words people if you're a temporary
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employee or reemployed annuan before the
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rift starts you're probably going to be
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separated first that just what the
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executive order appears to be saying and
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we anticipate that will probably happen
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a riff priority in other words where are
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the priorities that agencies will have
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to implement these riffs they're going
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to start with organizations that are
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suspended or closed by the Trump
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Administration this could be a portion
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of an agency it could be a large portion
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of an agency in some cases perhaps it
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could be the whole agency we don't know
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if an agency is established by law they
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can't just be cre uncreated disappeared
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by executive order but it could be a
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good part of an agency was not created
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by Statute functions not mandated by law
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in other words if your agency is
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providing a service a function it
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doesn't do this as a result of a law
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that was passed but it happened as a
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result of accumulation of Duties
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executive action or whatever over time
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then that would be eliminated and
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finally people not designated as
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essential during an Appropriations lapse
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are going to be considered priority to
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be leaving the agency during a riff if
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you're non-essential employee during a
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lapse in government Appropriations under
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this executive order you're being
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singled out for advanced treatment or
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special treatment unfortunately not in a
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good way suitability criteria for
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federal employees is also mentioned
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specifically in the executive order and
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again OPM mentioned this with regard to
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its deferred resignation order now it's
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just getting to be a little bit more
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specific at what they mean by
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suitability criteria starts out by
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mentioning taxes if you haven't filed
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your tax returns in a timely way if
11:44
you're late paying your taxes you're
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going to be a target for removal as
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being unsuitable as a federal employee
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citizenship requirements doesn't really
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say what this means my guess is it helps
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to be an American may have to be an
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uh to be a federal employee in most jobs
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that are existing in government refusing
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to certify compliance with
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non-disclosure obligations in other
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words if you own stock in a company and
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your agency has something to do with
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regulating that company in some way you
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are presumably going to be disclosing
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that so that your ethics advisor could
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look at it and say this is a problem
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it's not a problem you're okay you're
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not okay if you just don't disclose it
12:29
you're going to be in trouble you'd be
12:31
considered an unsuitable federal
12:33
employee feeling to follow compliance
12:35
obligations you know what they are you
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should have known what they are you
12:38
didn't follow it you didn't disclose
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your assets or your Holdings that could
12:42
create a conflict of interest for you
12:45
that would make you unsuitable as a
12:46
federal employee and you can be removed
12:49
and finally theft or misuse of
12:51
government resources and Equipment now
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that isn't a new requirement but they're
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emphasizing it probably presum
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so that you would be terminated quicker
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with the same regulatory uh rights you
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have if you're fired but it's probably
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going to happen quicker uh without as
13:10
much investigation once they confirm
13:13
that you have engaged in those kind of
13:16
activities finally there's a fat sheet
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that accompanies its executive order and
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some of this actually this last section
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it's all taken from the fat sheet first
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it says there's too many federal
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employees it says roughly 2.4 million
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including the Postal Service they want
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to reduce that number it doesn't say to
13:34
what just says there's too many there's
13:37
an unknown number of federal agencies
13:39
the Federal Register lists over 400 but
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it depends on how you count them is this
13:44
organization part of an agency is it a
13:47
separate agency it's not really known
13:50
how to count it so we don't know exactly
13:52
what the number should be because we're
13:54
not sure how to count it they want to
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eliminate some of these agencies federal
13:58
work of course contribut significantly
14:00
to federal spending and debt and they
14:02
specifically mentioned in fiscal year
14:05
2022 $300 billion dollar was spent on
14:08
compensation for civilian employees
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excluding pensions and they want to
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reduce that expense by reducing the
14:16
number of federal employees so in a
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nutshell that's what this new executive
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order says uh that's the highlight of it
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uh for your information as I mentioned a
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couple of times OPM will be coming out
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I'm quite confident with more specific
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information for your agency as to what
14:35
has to be done to meet the requirements
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of this executive order numerous rules
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and regulations are in effect you can't
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just start a whiff a riff on a whim on a
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Monday and have it starting to take
14:48
place on Tuesday or Wednesday it's a
14:50
complex process it's unpleasant for
14:52
everybody usually uh obviously it's
14:55
unpleasant for the people being
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terminated it's also unpleasant for
14:59
those in administration Human Resources
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Etc and there will be appeals now the
15:05
appeals are different than if you're
15:06
fired because of misconduct or poor
15:08
performance but there are still appeals
15:11
and of course part of the Deferred
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resignation was to eliminate some of the
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appeals by having people voluntarily
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resign giving them some financial
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advantage by keeping them on the roles
15:21
until September as a result of what's
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going on in the courts that part of the
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plan may be changed we just don't know
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in any event that's the current status
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we wish you the best we hope that you
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are able to make a good decision for
15:35
yourself your family and we wish you
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luck in your federal career or wherever
15:41
your future career may be thank you for
15:43
watching and listening we have more
15:45
information on the fedsmith.com website
15:48
about this executive order with links to
15:51
that and to the fact sheet thank you for