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my name is Ralph Smith i've been working
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uh writing a number of articles for
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FitSmith over the last number of years
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and I've had several decades of working
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in and around the federal government as
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an employee and as a government
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contractor for several
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decades so one of the first things I
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learned when I started working for the
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government which was part of the
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Treasury Department at the time I'd
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passed the entrance exam i'd gone
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through all the steps necessary to get a
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job and I wanted to do a good job so
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when I started there I quickly decided I
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need to find out what's going on in this
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vast bureaucracy that frankly was kind
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of overwhelming all the rules and
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regulations and trying to decide how to
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do a good job so I found a couple of
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people around who had 20 30 35 years of
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experience and I asked them "What do I
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do we've got a new president now and
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he's making changes and that's fine i
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didn't even know the existing system but
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what do we do how do we implement these
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changes and basically I was told by one
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of them look I've been around this
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agency for 30ome years and presidents
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come and presidents go we're responsible
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for making sure our programs for which
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we have responsibility are implemented
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successfully so I was writing it before
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this president came in he'll be gone and
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I'll be running this same program after
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and if we run it and we do a good job it
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runs well the politicians take the
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credit for it if it doesn't run well
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they'll assign the blame to us that's
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how it works so don't worry about it
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don't make the changes that they're
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talking about they're not that relevant
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anyway and we'll go from there now why
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is that important well that was a long
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time ago but apparently according to
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several people within the first Trump
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administration the same type of attitude
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exists president Trump refers it to
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draining the swamp he wants to change
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that system and the way he tried to do
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it in his first term was what he calls
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schedule F and essentially what schedule
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F would have done had it gone into
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effect which it never did before he left
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office it would have changed career
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employees in some positions into at
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willill employees meaning they'd be
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moved into a different career category
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schedule F and that if they weren't
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working to help the administration
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accomplish its goals they could be fired
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and in order to make this happen quickly
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they would be taken away from the
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protections that civil service employees
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have well President Trump is now in his
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second term and in the first day in
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office he issued an executive
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order addressing the same topic and he
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accountability so he issued the
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executive order opm issued guidance to
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agencies and agencies were given 90 days
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to come up with a list of employees that
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fell into this new category of employees
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they would still be career employees but
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they would be considered policy career
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classification employees meaning they'd
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be put into a different
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classification and if they weren't doing
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the job that the supervisor anybody in
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the agency in a powerful position
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thought wasn't that person wasn't
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helping them implement the
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administration's objectives they could
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be removed easily quickly it's hard to
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fire a federal employee in the sense
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that they have a lot of appeal rights by
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the time the appeals are exhausted
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sometimes it usually takes several years
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for an employee to be fired the
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administration under Trump doesn't want
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to do that they want to make it quicker
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easier faster so that's what the purpose
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is of what used to be called schedule F
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now it's simply called policy and career
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classification it's moving on this last
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week on Friday evening actually uh
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President Trump issued a fact sheet and
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in his fact sheet he referenced that OPM
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would be issuing a proposed rule and the
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purpose of the proposed rule is moving
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ahead to create this new category of
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federal employees the 90 days federal
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agencies were given to identify which
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employees would be put into this new
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category is just about up so presumably
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OPM has an idea about how many employees
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would be affected and moved into this
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new category opm estimates around 50,000
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people now when this was done back in
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2020 some people estimated as many as
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200,000 people would eventually be
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impacted and put into an at will type of
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job we don't really know how many people
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will be impacted but it is moving
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forward so we'll find out opm has issued
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a proposed rule or is about to issue a
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proposed rule that would actually go
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ahead and move forward on creating this
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category of employees and agencies would
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after it becomes effective start moving
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employees into this new category so
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here's what's going on president Trump
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calls it draining the swamp and the the
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reasons he gives for creating this new
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category are some of the following he
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said that the OPM rule when it's issued
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would empower federal agencies to
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swiftly swiftly remove employees in
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influencing roles and the kinds of
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reasons that they would be removed would
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include poor performance misconduct
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corruption or sub subversion of
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presidential directives without having
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to go through the lengthy procedural
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hurdles that they would now have to go
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through assuming they maintain the same
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appeal rights that they continued to
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have and he cited several reasons for
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this and it relates back to what I
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mentioned at first uh James Shurik who's
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a person who was helping the
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administration in the first term and
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apparently has some similar type of
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power in the second term wrote an
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article that outlined what kinds of
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problems he ran into in trying to
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implement objectives of the
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administration and most of it was not
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any direct refusal it was simply people
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saying "Well yeah we will do that we're
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glad you told us that's what we're
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supposed to do and we'll get right on it
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he'd call back a week two weeks a month
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later and they'd say "Yeah a lot of
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stuff's come up we've been swamped we
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haven't gotten to it but we'll get right
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on it." In other words they wouldn't
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implement the objectives that the
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administration was seeking they didn't
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really refuse they just never got it
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done and I to be fair he also said that
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most people he dealt with were easy to
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work with they did what he asked them to
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do they'd discuss it they'd go ahead and
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implement it but not everybody and it's
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the not everybody that they were trying
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to get rid of and put somebody else in
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their position that would help the
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administration implement their
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objectives in effect President Trump in
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his fact sheet said agencies don't hold
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employees accountable they want to
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change that removing federal employees
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is lengthy and difficult they want to
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get rid of that lengthy process make it
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quick and easy bureaucrats use
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protections a system gives them to
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oppose presidential policies and oppose
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their own preferences in effect this is
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what he's calling the deep state federal
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employees with a lot of protection a lot
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of appeal rights can't be fired at least
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not quickly and easily so they remain on
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the job for decades imposing their own
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preferences establishing policies they
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prefer and ignoring what the
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administration wants them to do he says
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in effect in his fact sheet
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unaccountable bureaucracy undermines
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bure democracy and he wants to create a
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more democratic government by opposing
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or getting rid of people who are
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opposing the administration putting into
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place its objectives now what would the
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impact be on federal employees if this
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goes through first out at willill
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employment meaning you can be fired
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quickly and easily secondly the scope of
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positions it targets career employees in
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policy influencing roles not political
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employees career employees there's a
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distinction and by saying it's people
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who make policy it's not just those who
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sign the piece of paper that may be a
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political appointee they refer to it as
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a person who influences policy
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recommends policy publicizes policy
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anybody in a role that determines what
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that policy may ultimately be would be
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subject to be put into this new category
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of federal employees nonpartisan hiring
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appointments to these positions should
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remain nonpartisan and based on merit
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not political affiliation he's saying in
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effect we're not hiring just Republicans
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we're not hiring just Democrats we want
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people who will work with the
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administration whoever is in power to
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put it these goals into place and
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finally no chapter 43 or 75 protections
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employees who are put into schedule
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policy career lose their coverage under
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chapter 43 that is for performance or
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chapter 75 adverse actions for
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misconduct or other types of violations
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the impact is they will not be able to
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appeal a removal to the merit assistance
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protection board now several things go
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into the determination as to what's in
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this final rule that OPM is going to be
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proposing probably in the next week
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there's a 30-day at least a 30-day
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period for people to comment public can
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comment unions will certainly comment
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some federal employees may comment uh
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members of the press may comment etc we
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don't know what these comments will be
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we don't know if it'll have any impact
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on the final rule but we do know based
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on past experience there are probably
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going to be quite a few comments now OPM
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may ignore them they may implement some
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of them they may change the proposed
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rules we'll have to see secondly uh
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several lawsuits have been filed
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involving this particular topic in
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effect the unions are arguing it
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violates due process it's
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unconstitutional etc we don't know what
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the courts will do chances are this is
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going to end up going to the Supreme
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Court as a number of other cases are
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going to be going also one other thing
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that's going on right now there's a
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strong feeling that the Supreme Court is
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about to issue a decision that would
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hamper the ability of district court
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judges to issue decisions that have a
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nationwide impact the administration is
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arguing you have district court judges
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and there's about 690 of them issuing
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decisions that determine or they would
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like to determine the foreign policy of
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the United States they would like to
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determine how the executive branch is
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run etc and the administration is
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arguing to the Supreme Court in several
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different cases that that's not how the
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constitution intends the system to work
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the president as the chief executive
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should have the power to run the
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executive branch so various cases
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including removal of the chairman of
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MSPV uh the special counsel for the
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office of special counsel those kind the
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national labor relations board uh has
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been involved in some of these cases
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these cases are all percolating they're
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all going to the Supreme Court and we
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don't know what'll happen what decision
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the Supreme Court will issue we'll see
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as this progresses we'll certainly do
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other videos uh we wrote an article and
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published yesterday on this latest fact
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sheet and the new OPM proposed
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regulation take a look at the article uh
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please pay attention to what's going on
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some of you perhaps 50,000 maybe 200,000
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of you will be affected by this new
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policy at as it goes into effect thanks
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for watching if you enjoy it if you find
12:08
it useful consider subscribing to the
12:11
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12:17
readers and and viewers thank you very