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Peace Corps Manual

(as of April 28, 2008)

Obtained by request using the FOIA Original source available online at:

http://www.peacecorpsjournals.com/manual/

MS 601-699 Human Resources Management

Personnel Policies, Objectives, and Classification

601 Administration of the Peace Corps Personnel System 602 Foreign Service National

603 Position Classification

Recruitment and Appointment

611 Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds

613 Trial Period Procedures for Foreign Service Employees 614 Personnel Security Program

Evaluation and Compensation

620 Peace Corps Merit Promotion and Selection Plan 622 Within Class/Grade Salary Increases

625 Premium Pay

626 Peace Corps Performance Appraisal System 627 SFS Performance Management System and Pay

Attendance and Leave

630 Hours of Duty 635 Absence and Leave

Conditions of Service

641 Employee Standards of Conduct

642 Conditions of Service for U.S. Overseas Staff

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Employee-Management Relations

652 Disciplinary Procedure for Foreign Service Employees 653 Affirmative Action and Equal Opportunity Programs 655 Employee Grievance Procedure

658 Peace Corps Employee Assistance Program 659 Labor-Management Relations

Employee Training, Development, and Incentive Awards

662 Peace Corps Incentive Awards Program 664 In-Service Employee Staff Training

Assignments, Transfers, and Separations

671 Termination Process for Peace Corps Staff 673 Policies and Procedures for Detailing Employees

Employee Programs

682 Safety and Health Program

Local Recruitment and Employment

691 Guidelines for Employment of Foreign Service Nationals by Direct-Hire and Detail 693 Employment of U.S. Citizens Abroad

694 Employment of Family Members

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MS 601: Administration of the Peace

Corps Personnel System

Date:

07/15/98

Office:

05/10/84, 06/08/67

Supersedes:

Human Resource Management (M/HRM)

Table of Contents

Table Of Contents

1.0 Purpose

2.0 Peace Corps Personnel System 2.1 General

2.2 Foreign Service Members 2.3 General Schedule 2.4 Time Limits 2.5 Unlimited Status 2.6 Country Directors 2.7 Foreign Nationals 2.8 Senior Foreign Service 2.9 Experts and Consultants 3.0 Policy

3.1 General

3.2 Compatibility with the Foreign Service System 3.3 Equal Employment Opportunities

3.4 Political Discrimination 3.5 Negotiated Agreement

3.6 Basic Qualifications for Peace Corps Employment - U.S. Staff 3.6.1 Applications for Employment

3.6.2 U.S. Citizenship 3.6.3 Intelligence Background 3.6.4 Security Investigations 3.7 Overseas Service

4.0 Recruitment and Selection 4.1 Overseas Employees 4.1.1 Medical Clearance 4.1.2 Country Directors

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4.1.4 Foreign Service Nationals 4.2 Full-time Positions in the United States

4.3 Temporary Positions and Confidential/Policy Making Positions 5.0 Appointments

5.1 Foreign Service (U.S. Citizen) (FP) 5.1.1 Trial Period

5.1.2 FP Employees

5.1.3 Extensions Within the Five-year Period 5.1.4 Extensions Beyond Five Years

5.1.5 In/Out rule

5.2 Foreign Service (U.S. Citizen) Temporary 5.3 Foreign Service National (FSN)

5.4 Presidential Appointments 5.5 Experts and Consultants 5.5.1 Expert Definition 5.5.2 Consultant Definition 5.5.3 Restrictions

5.5.4 Reappointment Limits 6.0 Salary Determination

6.1 Applicants not Currently Employed by the U.S. Government 6.2 Applicants Transferring From Another Federal Agency 6.2.1 Lateral Transfer

6.2.2 Transfer and Promotion 6.3 Eligibility for Periodic Step Increases 7.0 Non-competitive Eligibility

7.1 Peace Corps Employees

7.2 Returned Peace Corps Volunteers (RPCVS) 7.3 Vista Volunteers

8.0 Reemployment Rights 9.0 Promotions

10.0 Termination of Appointments

1.0 Purpose

This Manual Section describes the overall policies and authorities of the Peace Corps personnel system. The basic authority for the Peace Corps personnel system is section 7 of the Peace Corps Act, which authorizes the Peace Corps to use the Foreign Service personnel system contained in the Foreign Service Act of 1980 as its exclusive personnel system for all employees except experts and consultants.

2.0 Peace Corps Personnel System

2.1 General

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President to "utilize such authority contained in the Foreign Service Act of 1980 relating to members of the Foreign Service and other United States government officers and employees as the President deems necessary to carry out functions under this Act..." The characteristics that make the Peace Corps system unique are that its U.S. citizen employees 1) are appointed for limited periods of time, and 2) may not be reemployed until a period of time equal to the time they were employed by the Peace Corps has elapsed. Since Peace Corps appointments are of limited duration, those provisions of the Foreign Service Act that apply exclusively to career Foreign Service Officers do not apply to Peace Corps employees.

2.2 Foreign Service Members

Except as provided below, all Peace Corps employees other than the Director and Deputy Director are appointed members of the Foreign Service using authority contained in section 7(a)(2) of the Peace Corps Act and section 303 of the Foreign Service Act of 1980 (22 USC 3943). They receive time-limited non-career appointments in the excepted service, and are ineligible for allowances and benefits authorized exclusively for career Foreign Service Officers. U.S. citizen Foreign Service appointments are designated "FP" appointments.

The Peace Corps also has a rarely used authority under section 7(a)(1) to appoint or assign individuals to overseas positions in the Peace Corps. Use of this authority requires the specific authorization of the Director.

2.3 General Schedule

The Peace Corps does not have authority to use the General Schedule authorities contained in title 5, United States Code. The Peace Corps does not, therefore, make appointments in the competitive Civil Service or excepted service appointments under schedules A, B, and C.

2.4 Time Limits

Except as noted in paragraph 2.5, appointments of United States citizens to the Foreign Service by the Peace Corps are always time limited. Appointments are only for the time granted and automatically expire at the end of that time.

Appointments may be extended, in the sole discretion of the authorized agency employee, but only if the extension satisfies the requirements of the Peace Corps Act. The Peace Corps Act generally limits Peace Corps employment to five years; authorizes the Director to extend appointments up to 12 months under special circumstances and up to 30 months to achieve specified statutory purposes; and prohibits an employee whose appointment has terminated from receiving another appointment until the passage of a period of time equal to the prior length of service. Neither satisfactory performance nor service for less than the maximum time permitted under the Peace Corps Act creates any right or expectation in an employee that his/her appointment will be extended.

2.5 Unlimited Status

Certain Peace Corps employees are not subject to the time limits on Peace Corps employment because their appointments were specifically designated as "for the duration of operations under the Peace Corps Act." These employees fall into two categories: 1) employees whose General Schedule appointments were at grade GS-8 or below prior to the repeal of Peace Corps' General Schedule appointment authority in October, 1965; and 2) employees who held such appointments when they were involuntarily

transferred to the Foreign Service from ACTION effective December 29, 1981, pursuant to section 601(a) of Public Law 97-113.

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Peace Corps Country Directors are appointed under authority of section 7(c) of the Peace Corps Act. In general, their appointments are on the terms and conditions described in section 7(a)(2) of the Peace Corps Act, except that their appointments may be terminated at the discretion of the Director at any time without notice, notwithstanding any other provision of law or this Manual.

2.7 Foreign Nationals

Foreign nationals may be appointed to the Foreign Service only for service abroad. Their appointments are not subject to the time limitations contained in section 7(a)(2) of the Peace Corps Act. Foreign nationals may not be appointed to positions in the United States. See MS 602, "Foreign Service National (FSN) Personnel Administration."

2.8 Senior Foreign Service

Peace Corps appointments to the Senior Foreign Service are not subject to the five percent limitation on such appointments established by section 305(b) of the Foreign Service Act of 1980.

2.9 Experts and Consultants

Experts and consultants are appointed under authority of section 13 of the Peace Corps Act and section 3109 of title 5, United States Code.

3.0 Policy

3.1 General

Peace Corps personnel policy is set forth in the Peace Corps Manual and in those provisions of the Foreign Affairs Manual (FAM) and the Standardized Regulations (Government Civilians, Foreign Areas) applicable to the Peace Corps or adopted by reference in the Peace Corps Manual, and such other laws and regulations as may be applicable to federal employees generally, e. g., the Privacy Act and provisions of law relating to health benefits, severance pay, and equal employment opportunity. In the absence of applicable provisions in those authorities, the office of Human Resources Management (M/HRM) may refer to rules and policies promulgated by the Office of Personnel Management for general guidance. The goal of the Peace Corps personnel policy is to create, within the parameters of applicable law, a personnel framework in which employees can work to their fullest capacity and contribute to the mission of the Peace Corps.

The Peace Corps is committed to the equitable and consistent application of personnel policy for all employees. Every effort should be made to inform all Peace Corps employees of the rules and regulations affecting their employment with the Peace Corps. Individual employees share the responsibility for keeping themselves informed of personnel policies and procedures.

3.2 Compatibility with the Foreign Service System

In accordance with sections 203 and 205 of the Foreign Service Act of 1980 the Peace Corps personnel system is administered, to the extent practicable, in a manner that ensures maximum compatibility with the other agencies authorized by law to use the Foreign Service personnel system and in conformity with the general policies and regulations of the government.

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The Peace Corps provides equal employment opportunity regardless of race, color, religion, sex, age, national origin, sexual orientation, or disability in the recruitment and appointment of employees, in promotion and in all subsequent personnel actions. See MS 653, "Affirmative Action and Equal Opportunity Programs," and MS 655, "Employee Grievance Procedure," for applicable complaint procedures.

3.4 Political Discrimination

The Peace Corps prohibits the application of political tests or political qualifications in appointment, promotion, or any other personnel action affecting personnel assigned to positions abroad, or to positions in the United States that are not confidential, policy making, policy determining, or policy advocating.

3.5 Negotiated Agreement

Certain Peace Corps employees (members of the "bargaining unit") are covered by a negotiated contract between the Peace Corps and the Peace Corps Employees' Union, which affects certain aspects of the Peace Corps personnel system as it relates to covered employees.

3.6 Basic Qualifications for Peace Corps Employment - U.S. Staff

3.6.1 Applications for Employment

All applicants for Peace Corps employment shall submit such signed application or other information as may be prescribed from time to time by the Director of M/HRM. The information provided will be used to determine the applicant's qualifications for employment. Providing false information in connection with obtaining employment by the Peace Corps is grounds for non-selection or dismissal after appointment; and may be punishable by fine or imprisonment. See MS 614, "Personnel Security Program," and MS 620, "Peace Corps Merit Selection and Promotion."

3.6.2 U.S. Citizenship

Employees of the Peace Corps, other than foreign national employees employed at Posts abroad, must be United States citizens.

3.6.3 Intelligence Background

See MS 611, "Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds," for restrictions on employment of applicants who have been employed by intelligence agencies or otherwise associated with intelligence activities.

3.6.4 Security Investigations

As required by section 22 of the Peace Corps Act, all applicants for employment must undergo such investigations as may be prescribed by the Director.

3.7 Overseas Service

The Foreign Service Act states that all U.S. citizens receiving appointments to the Foreign Service should be available for overseas service.

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The Peace Corps continues to seek outstanding candidates for its staff from all walks of life. Because Returned Peace Corps Volunteers (RPCVs) provide a vital and continuing source of well qualified candidates who are especially knowledgeable about the Agency's goals and operations, particular emphasis is given to the recruitment and selection of these applicants.

4.1 Overseas Employees

4.1.1 Medical Clearance

U.S. citizen overseas employees and their dependents must be medically cleared. The Peace Corps' medical clearance program is administered by the Department of State's Office of Medical Services. See 3 FAM 684 for details of the medical clearance program.

4.1.2 Country Directors

The Director of the Peace Corps makes final selection decisions for all Country Director positions. Country Directors are confidential, policy advocating employees. The selection process is as prescribed from time to time by the Director.

4.1.3 Other United States Citizen Overseas Employees

The selection of U.S. citizen employees, other than Country Directors and American Family Member employees, for service abroad is coordinated by the office of Human Resources Management (M/HRM). The Regional Director responsible for the country of assignment has final approval authority.

4.1.4 Foreign Service Nationals See MS 602.

4.2 Full-time Positions in the United States

For positions filled through the competitive process, applicants must file an application with M/HRM within the prescribed time period in order to be considered for the position in question. M/HRM conducts a review of the applications and ensures compliance with the selection policies and procedures. Selection is made as provided in MS 620, paragraph 7.0.

4.3 Temporary Positions and Confidential/Policy Making Positions

Temporary positions and confidential, policy making, policy determining, or policy advocating positions are not required to be recruited competitively and are not subject to the merit selection and promotion procedures. No confidential, policy making, policy determining, or policy advocating position may be established without the written approval of the Chief of Staff.

5.0 Appointments

5.1 Foreign Service (U.S. Citizen) (FP)

5.1.1 Trial Period

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a trial period. The trial period for positions in the United States is six months from the date of

appointment and for overseas positions it is six months from the date of arrival at the overseas Post. See MS 613.

5.1.2 FP Employees

Peace Corps staff, other than Presidential appointees and experts and consultants, receive excepted service appointments as members of the Foreign Service under authority of section 7 of the Peace Corps Act and the Foreign Service Act of 1980.

5.1.3 Extensions Within the Five-year Period

Appointments may be extended for one or more additional periods but may not exceed a total of five years except as provided in paragraph 5.1.4. If an appointment is not to be extended beyond its expiration date, the employee will receive a thirty (30) day advance notice in writing. Employees who have

reemployment rights to other federal agencies will receive sixty (60) days advance notice in writing. Failure to give the required notice entitles the employee to an extension for the period necessary to give the required notice. Employees whose appointments expire because they have reached the five-year limit on employment, or the expiration date of an appointment beyond the five-year limit, are not entitled to an extension because of the Agency's failure to give timely notice of the expiration date of the appointment. 5.1.4 Extensions Beyond Five Years

a. 12-month extension (sixth year) The Director of the Peace Corps has the authority to approve personally, on an individual basis, an extension of appointment not to exceed one year beyond the five-year limitation. Exercise of this authority is limited by law to "special circumstances."

b. 30-month extension (third tour)

1. The appointment of an employee whose performance has been exceptional may be extended by the Director for not more than an additional two and one-half years to achieve one or more of the following purposes:

A. To permit individuals who have served at least two and one-half years abroad to serve in the United States.

B. To permit individuals who have served at least two and one-half years in the United States to serve abroad.

C. To permit individuals who have served at least two and one-half years in a recruitment, selection, or training activity to serve in an activity other than the one to which they have most recently been assigned.

D. To promote the continuity of functions in administering the Peace Corps. 2. The number of appointments exceeding five years made under this authority may not

at any time exceed fifteen percent of the total of all FP appointments of United States citizens currently in effect.

5.1.5 In/Out Rule

In accordance with the provisions of section 7(a)(2) of the Peace Corps Act, Peace Corps U.S. citizen FP employees appointed under that section may not be reappointed before the expiration of a period of time equal to the amount of time served under a preceding appointment. "Preceding appointment" means the total consecutive period of FP employment of the individual by the Peace Corps, including all extensions or appointments to new positions.

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Temporary Peace Corps employees, other than Foreign Service Nationals, receive appointments under section 7(a)(2) of the Peace Corps Act for periods of one year or less. Exceptions to this limitation may be granted by the Director of M/HRM when continuation of a temporary appointment is determined to be necessary and in the best interest of the Peace Corps. At the termination of the temporary appointment, the employee may not be reappointed before the expiration of a period of time equal to the amount of time served under the preceding appointment.

5.3 Foreign Service National (FSN)

See MS 602, paragraphs 5.1 and 6.0.

5.4 Presidential Appointments

The Director and Deputy Director of the Peace Corps are appointed by the President by and with the advice and consent of the Senate. Theirs are the only authorized Presidential appointments. See section 4(a) of the Peace Corps Act.

5.5 Experts and Consultants

An expert position is one that requires the services of a specialist with skills superior to those of others in the same profession, occupation, or activity to perform work on a temporary and/or intermittent basis. A consultant position is one that requires providing advice, views, opinions, alternatives, or

recommendations on a temporary and/or intermittent basis on issues, problems, or questions presented by a federal official. Implementing regulations for expert and consultant appointments are found in 5 CFR part 304.

5.5.1 Expert Definition

An expert is a person who is specially qualified by education and experience to perform difficult and challenging tasks in a particular field, beyond the usual range of achievement of competent persons in that field. An expert is regarded by other persons in the field as an authority or practitioner of unusual competence and skill in a professional, scientific, technical, or other activity.

5.5.2 Consultant Definition

A consultant is a person who can provide valuable and pertinent advice generally drawn from a high degree of broad administrative, professional, or technical knowledge or experience or a person who is affected by a particular program and can provide useful views from personal experience.

5.5.3 Restrictions

An expert or consultant may not be appointed:

a. To do work performed by the agency's regular employees or to fill in during staff shortages. b. To perform managerial or supervisory work (although an expert may act as team leader or

director of the specific project for which he/she is hired), to make final decisions on substantive policies, or to otherwise function in the agency chain of command (e. g., to approve financial transactions, personnel actions, etc.).

c. To a position requiring Presidential appointment. This does not preclude appointing an individual as an expert or consultant while he/she awaits final action on a Presidential appointment (subject to the conditions set forth in 5 CFR part 304) or final clearance on appointment to a senior level confidential, policy making, policy determining, and/or policy

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advocating position. 5.5.4 Reappointment Limits

An expert or consultant may be employed on an intermittent, part-time, or full-time work schedule. Expert and consultant appointments may not exceed one service year in length. A service year is the calendar year that begins on the date of the individual's initial appointment. Renewal is accomplished by "reappointment."

An individual may be reappointed to an expert or consultant position that involves substantially different duties without regard to the basis of appointment (i. e., intermittent or temporary), work schedule (i. e., intermittent, part-time, or full-time), time limits imposed on a previous appointment, cumulative

earnings, or the actual number of days the employee worked in the past service year. A different position is one with duties and responsibilities recognizably different from those of the previous assignment that cannot be considered an outgrowth or extension of that assignment. Some obvious indicators of a different position are different organizational location, different area of work, or work on an unrelated program. Reappointments of substantially the same duties may be limited by time or by cumulative earnings.

Time Limits Method An individual serving in an intermittent or part-time appointment may be reappointed indefinitely, as long as he/she does not work more than 130 days (6 months) in any service year. If an individual serving in an intermittent or part-time appointment is employed for more than 130 days in his/her first service year, he/she may be reappointed to perform substantially the same duties for one additional year. If such an individual is employed to perform substantially the same duties for more than 130 days in any subsequent service year, his/her appointment may not be renewed thereafter. An expert or consultant with a full-time work schedule is not restricted as to the number of days he/she may work in a service year, but may not be reappointed more than once to perform substantially the same duties. Such an individual may not thereafter be reappointed to perform substantially the same duties on an intermittent, full-time, or part-time schedule.

Cumulative Earnings Method When a part-time or intermittent expert or consultant is initially reappointed Peace Corps may limit reappointments by using the expert's or consultant's earnings, rather than the time limits discussed above, as the limiting factor. If this method is used, the expert or consultant will be assigned a lifetime-earnings limit of twice the annual rate for GS-15, step 10 (excluding locality pay or any other additional pay), minus the cumulative pay earned during the appointment that is being renewed. This limit may be adjusted annually to reflect statutory increases in basic pay rates. Peace Corps may reappoint the expert or consultant as many times as desired until the expert or consultant reaches his/her lifetime earnings limit, at which time the appointment must be terminated without the possibility of reappointment to perform substantially the same duties.

6.0 Salary Determination

The office of Human Resource Management (M/HRM) is responsible for determining the grades and salaries offered to prospective Foreign Service and Senior Foreign Service employees, and to experts and consultants. The salary at the time of the initial appointment with the Peace Corps will be at the first step of the grade appointed, except in those cases where the applicant's experience, education, salary history, or other relevant factors support a higher step. The Director of HRM may authorize the higher step where warranted. Verification of salary history may be requested, including copies of tax forms or other evidence of salary history, as appropriate.

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The applicant will normally be offered a starting salary that is not more than 6% above his/her last verified salary. The Director of M/HRM may authorize a higher salary based on such factors as the applicant's special qualifications, the difficulty of filling the position, geographic cost of living differences, verifiable comparison of benefit package costs, or the employer environment (e. g., a non-profit setting or academia).

6.2 Applicants Transferring From Another Federal Agency

6.2.1 Lateral Transfer

Applicants coming directly to the Peace Corps on lateral transfers will receive an initial salary that is closest to, but not less than, the grade and step of their previous position.

6.2.2 Transfer and Promotion

An applicant coming directly to the Peace Corps, who is promoted in connection with the transfer, will receive a salary that is the equivalent of two steps above (rounded to the next higher step) his/her previous salary.

6.3 Eligibility for Periodic Step Increases

Peace Corps employees are eligible for a Periodic Step Increase, based upon satisfactory performance, 52 weeks after their initial appointment in the Foreign Service personnel system, if the initial appointment is to salary step 1 through 9. They are eligible in 104 weeks if the initial appointment is to step 10 through 13. Service in another federal government agency will count toward the waiting period for individuals appointed by lateral transfer under paragraph 6.2.1. See MS 622, "Within-Class/Grade Salary Increases," for more details on periodic and meritorious increases.

7.0 Non-competitive Eligibility

7.1 Peace Corps Employees

Peace Corps employees appointed under section 7 of the Peace Corps Act who complete 36 months or more of continuous, satisfactory service are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies for a period of three years after separation from the Peace Corps.

7.2 Returned Peace Corps Volunteers (RPCVs)

Individuals who serve satisfactorily as Peace Corps Volunteers are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies including the Peace Corps for a period of one year after the completion of their service. The Peace Corps personnel system is an established merit system in the excepted service for purposes of non-competitive eligibility. The Peace Corps will extend the one-year period up to a maximum of three years in those cases where the RPCV is engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities, such as volunteer programs, that, in the view of the Peace Corps, warrant the extension.

"Serve satisfactorily" means successful completion of a full term of service or completion of at least one year of service, including training, and termination of service for reasons beyond the control of the individual. See MS 285, "Volunteer Description of Service Statement and Certificate of Group Health Coverage," paragraph 3.0. Non-competitive appointment is discretionary with the appointing official. Its

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use is not mandatory.

7.3 Vista Volunteers

VISTA Volunteers who satisfactorily complete at least one year of VISTA service are eligible for non-competitive appointment in the same manner as RPCVs.

8.0 Reemployment Rights

Under the provisions of section 7 of the Peace Corps Act and section 310 of the Foreign Service Act of 1980, U.S. government employees who accept limited appointments with the Peace Corps may, at the discretion of the agency by which they are employed, be granted reemployment rights at the grade or class level held prior to the Peace Corps appointment.

9.0 Promotions

Eligibility for promotion is subject to the standards contained in MS 620, paragraph 8.0.

10.0 Termination of Appointments

Pursuant to section 611 of the Foreign Service Act of 1980, time-limited appointments in the Foreign Service may be terminated at any time. Terminations pursuant to MS 626, "Peace Corps Performance Appraisal System," and MS 652, "Disciplinary Procedure for Foreign Service Employees," must follow the procedures provided by the applicable Manual Section unless the employee waives in writing his/her rights under such Sections. Employees terminated for misconduct are also entitled to the procedures provided by section 610(a)(2)(A) of the Foreign Service Act of 1980. Employees terminated for other reasons not covered by MS 626 or 652 (e. g., abolishment of position) are entitled to 30 days advance notice of termination of their appointments.

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MS 602: Foreign Service National (FSN)

Personnel Administration

Date:

1/12/85 v.2

Office:

M/PM/I

Supersedes:

MS 691, 12/14/83 Table of Contents

Table Of Contents

1.0 Purpose 2.0 Authority 3.0 Definitions 4.0 Coverage 5.0 Policy 5.1 General 5.2 Interagency Coordination 5.2.1 Managers Responsibility 5.3 Staffing 5.3.1 FSN Employees

5.3.2 Third Country National Employees (TCNS) 5.3.3 American Family Members (AFM)

5.4 Basic Qualifications for Peace Corps FSN Employment 5.4.1 Application for Employment

5.4.2 Security Clearance 5.4.3 Medical Clearance 6.0 Appointments

6.1 Types of Direct Hire Appointments 6.2 Regional Concurrence

6.3 In-country Appointment Procedures

6.4 Reporting Procedures for Peace Corps/Washington 6.4.1 Reporting for Conditional Appointments 7.0 Compensation

7.1 General

7.1.1 Classification 7.1.2 Wages and Benefits 7.1.3 Severance

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7.2.1 Amount of Compensation 7.2.2 Emergency Medical Expenses

7.2.2.1 Funding of Emergency Medical Expenses 7.2.3 Reporting Procedures

8.0 Performance Evaluation 8.1 General

9.0 Awards

9.1 Length of Service Awards

9.1.2 Awards for 10, 20, 30, and 40 Years of Service 9.2 Incentive Awards

9.2.1 Cash Awards

9.2.2 Amount of Cash Award for Sustained Outstanding job Performance 9.2.3 Amount of Cash Award for Suggestions Resulting in Improved Operations 10.0 Separation

10.1 General

10.2 Types of Separations 10.2.1 Separations for cause 11.0 Training

11.1 Staff Training Cycle in Washington

11.1.2 Health Insurance While in the United States for Training 12.0 Detail of Host Country Nationals to Peace Corps

12.1 Salary and Benefits 12.2 Other Factors

12.2.1 Security Clearance 12.2.2 Conflict of Interest 12.2.3 Vehicle Insurance

12.2.4 Service to Host Country Government During Time of Detail 12.3 Peace Corps/Washington Reporting Procedures

12.4 Regional Approval 13.0 Effective Date

1.0 Purpose

This Manual Section describes the personnel management policies and authorities for Peace Corps Foreign Service National (FSN) employees.

2.0 Authority

The basic authority for the appointment of Peace Corps employees, including FSN employees, is found in Section 7(a) of the Peace Corps Act (22 U.S.C. 2506 (a)).

Peace Corps personnel policy for FSN employees is set forth in the PC Manual Sections 602, 603 and 699, and in the Foreign Affairs Manual (3FAM), section 900.

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3.0 Definitions

Foreign Service National(FSN) Position. An FSN position is a slot which may be filled by a Foreign Service National (FSN) employee, a Third Country National (TCN) employee or an American Family Member (AFM) employee. The number of FSN positions at Post must be coordinated with the Chief of Mission at Post. Additions or reductions in the number of FSN positions require the concurrence of the Chief of Mission at Post and the Regional Director. Notification of change is coordinated through the Office of Personnel Management/Peace Corps (M/PM/I) and the U.S. State Department.

Foreign Service National(FSN) Employee. An FSN employee is a host country national hired to fill an FSN position. The time worked by FSN employees counts against the FTE (Full Time Equivalent) numbers of the Post and the Region.

4.0 Coverage

Although Peace Corps' general personnel policy toward FSN employees in Micronesia is consistent with its policy elsewhere, the absence of U.S. embassies in Micronesia makes it necessary for Peace Corps to establish Micronesia specific FSN policies and procedures. Personnel policy and guidelines for Peace Corps Micronesia FSN staff are covered in the Peace Corps Micronesia FSN Personnel Manual.

5.0 Policy

5.1 General

Peace Corps continues to acknowledge the importance of Foreign Service National employees in the conduct of its mission overseas. Because the five year rule affecting U.S. direct hire and resident hire staff does not apply to non U.S. citizens, the employment and retention of qualified FSN staff is crucial to the continuity and stability of the program.

5.2 InterAgency Coordination

Foreign Service National employees of the Peace Corps are covered by the same rules, regulations, and guidelines as those covering FSN employees of the U.S. Department of State, AID, USIA and other United States Government agencies that employ Foreign Service

National employees abroad under the provisions of the Foreign Service Act of 1980. (See 3 FAM 900.) 5.2.1 Managers Responsibility

All Peace Corps managers are expected to take an active role in interAgency affairs affecting FSN

employees. This includes, but is not limited to, participation and leadership in policy groups, compensation review and appeals panels and committees, incentive award committees, and salary survey teams.

5.3 Staffing

Staffing at an overseas Peace Corps Post has been and will continue to be a mix of American and FSN employees. Professional level programming and/or resources management jobs may be filled by either FSN employees or American employees, e.g., the lead employee for Agriculture programming may be an FSN employee in one country and an American in another. Generally, the support positions are filled by FSN employees.

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5.3.1 FSN Employees

The employment of FSNs at Peace Corps Posts makes closer and more meaningful relationships possible between Peace Corps and the host country people and host country governments. Such personnel bring to their assignments, in addition to expertise, a sensitivity available only to those who are fully a part of the host culture.

5.3.2 Third Country National Employees (TCNs)

The employment of Third Country Nationals (TCNs) to fill FSN positions is discouraged because the cross-cultural exchange between the FSN staff of the host country and the Peace Corps is important to the mission of the Peace Corps in that country. Additionally, there are complications with visas, work permits, and long term benefits such as host country social security programs. (See 3 FAM 927 for details.) 5.3.3 American Family Members (AFM)

The employment of American Family Members (AFMs) to fill FSN positions is discouraged except for very short term or unusual needs. Again, cross cultural exchange between the FSN staff of the host country and the Peace Corps is important to the mission of the Peace Corps in that country. Authorization to use the AFM program must be obtained in advance from the Office of Personnel Management (M/PM/I).

Personnel Management will obtain the concurrence of the Associate Directors of Management and International Operations prior to authorizing the use of an AFM employee. (See 3 FAM 122.8 for details.)

5.4 Basic Qualifications for Peace Corps FSN Employment

5.4.1 Application for Employment

Candidates must complete an "Application for Employment in the Foreign Service of the United States" (Form OF-174) and submit the form to the U.S. Embassy Personnel Office or to the Peace Corps Country Director for transmittal to the U.S. Embassy.

5.4.2 Security Clearance

Security investigations are conducted by the Post Security Officer. Employees must have at least a temporary clearance prior to reporting for duty. The Regional Security Officer issues or denies the final security clearance.

5.4.3 Medical Clearance

Medical clearance must be obtained prior to reporting for duty. The medical examinations are conducted by the Department of State Regional Medical Officer (RMO) at Post or the designated Department of State Medical physician, in those cases where there is no RMO. The examining physician determines whether the applicant meets the minimum physical requirements of the position.

6.0 Appointments

6.1 Types of Direct Hire Appointments

Following are the types of direct hire appointments:

• Temporary- appointment for duration of one year or less.

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• Indefinite- appointment with no specific time limit, which requires that the employee participate in a host country social security plan.

• Conditional- appointment with no specific time limit, which requires the employee's participation in the U.S. Civil Service Retirement and Disability Systems (CSR). Conditional appointments are appropriate only at Posts which had the authority to offer participation in the CSR. (NOTE: U.S. Civil Service Retirement System is under revision. New enrollments are not being made at present.)

6.2 Regional Concurrence

Positions to be filled by FSN direct-hire employees must be in compliance with budget and FTE requirements approved by the Regional Director. The Country Director is the selecting official at Post. Country Directors must receive concurrence from the Regional Director unless such concurrence is waived by the Regional Director on the following:

• Proposed position assignment, • Proposed grade and salary, and • Proposed entry-on-duty date.

6.3 In-country Appointment Procedures

The recruitment and appointment processes are coordinated with the U.S. Embassy at Post. The Personnel Officer and/or Administrative Officer will provide assistance to the Country Director in these matters. At Peace Corps Posts where the Embassy is in another geographic location, the Country Director will have a greater direct role in recruitment and selection. However, in both cases, the personnel processing functions and records maintenance functions are the responsibility of the U.S. Embassy.

6.4 Reporting Procedures for Peace Corps/Washington

Employment of Foreign Service National Employees is reported to PC Washington by cable. (See MS 699 for detailed guidance.)

6.4.1 Reporting for Conditional Appointments

All FSN positions which are part of the U.S. Civil Service Retirement and Disability System require that the following be sent to Accounting Division (M/FM/A):

• A copy of the Notification of Personnel Action (SF-50).

• All subsequent notification of personnel action, e.g., promotion, pay adjustment, transfer, and separation.

• Form FS-415, "Annual Reconciliation of Payroll Deductions" will be provided by the appropriate Finance Center for each FSN employee participating in the CSR system.

7.0 Compensation

7.1 General

Foreign Service National employees will receive compensation and employee benefits in accordance with Section 408 of the Foreign Service Act of 1980, which requires the establishment of a compensation plan based on prevailing wage rates and local compensation practices. All agencies at each Post that hire FSNs under the provisions of the Foreign Service Act of 1980 are covered by the same compensation plan.

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7.1.1 Classification

Peace Corps FSN positions are classified in accordance with the interAgency guidelines as detailed in the Local Employee Classification Handbook. Within the handbook, there are Peace Corps specific

classification standards, Peace Corps Program Series, #4020. More detailed information on the classification of FSN positions can be found in the 3 FAN 930 and the Peace Corps MS 603, Position Classification.

7.1.2 Wages and Benefits

Salary and benefit plans are developed for each country based upon surveys of the wages and benefits provided by other employers in the country. There are three types of survey:

• Basic - a full fledged wage and benefit survey conducted by contractors. This is done every 4-5 years or as the needs of the country dictate.

• Salary change - a more simplified procedure conducted by the Post. Generally, this should be done on an annual basis or more often if the need arises.

• Spot-check - a survey procedure used to update existing data. This may be used as frequently as needed.

The guidelines for collecting the data and constructing the plan are found in the InterAgency Handbook on Foreign Service National Employee Compensation. Additional information on the timing and

implementation of the surveys can be found in 3 FAN 930. 7.1.3 Severance

All FSN compensation plans should include a severance pay plan which is administered in compliance with local law. The plan should include rules covering employee eligibility, creditable service, amount of payments, notice period required, and circumstances under which severance is or is not granted.

7.2 Disability Compensation

An FSN employee who suffers illness or sustains an injury in the performance of duty may be entitled to compensation under the provisions of the Federal Employee's Compensation Act (5 U.S.C. 8101-8150) as administered by the Department of Labor's Office of Workers' Compensation Program (OWCP).

7.2.1 Amount of Compensation

As determined by OWCP, an FSN employee will be compensated in accordance with the benefit provisions of local law or custom of the country; or in accordance with special schedules promulgated by OWCP for citizens of a specified country.

7.2.2 Emergency Medical Expenses

The Country Director may make emergency payments of medical expenses which will then be reimbursed by the OWCP upon certification that the treatment for which payments were made was for injury sustained in the performance of duty and that such injury was not caused by the willful misconduct of the employee or by the employee's intention to bring about injury to self, and that intoxication was not the proximate cause of the injury.

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Payment of emergency medical expenses should be charged to the Peace Corps account used for medevacs and other medical expenses of U.S. direct hire personnel overseas. Documentation required for

reimbursement from OWCP consists of two copies of paid vouchers or bills which show the full name of the injured employee, date of injury, dates of treatment, character of services, amounts for each, name of doctor, hospital or vendor furnishing the services or supplies, translated into English at Post.

7.2.3 Reporting Procedures

Reporting job related illness or injury for FSN employees is the same as that outlined in MS 682, "Safety and Health Program" with three exceptions: one, when reporting salary on the claims forms, indicate the base salary plus any bonus payments not included in the base figure; two, include a current exchange rate; and three, send along a copy of local labor laws when applicable. OWCP claims are coordinated through the Office of Medical Services, Health Benefits and Analysis Division (M/MS/HB).

8.0 Performance Evaluation

8.1 General

Supervisors have a continuous responsibility to evaluate the performance of their employees and to discuss the evaluation with the employees. The evaluation process is on-going and should include discussion with the employee throughout the year. On an annual basis, the supervisor is required to prepare a written performance evaluation. The written evaluation will be done using the Performance Evaluation Report form, JF- 50. Additional information on process and procedure can be found in 3 FAM 960.

9.0 Awards

9.1 Length of Service Awards

The length of service award gives official recognition to creditable service with the U.S. Government. Service computation dates are computed and maintained by the Posts.

9.1.2 Awards for 10, 20, 30, and 40 Years of Service

Certificates to FSN employees completing the designated number of years of service will be requested from the Office of Personnel Management (M/PM) Peace Corps/Washington. Information required for

completion is: name, number of years of service to be recognized, and the month and year the service was completed. Certificates will be signed by the Director and returned to Post. Where possible, the Peace Corps should participate in interAgency award ceremonies at Post.

9.2 Incentive Awards

The purpose of the InterAgency Incentive Award program is to encourage FSN employees to participate actively in improving Peace Corps operations; recognize and reward employees for suggestions, superior accomplishments or other personal efforts which will reduce costs or simplify operations; and recognize and reward FSN employees for sustained outstanding work performance. (See 3 FAN 640 for additional details.)

9.2.1 Cash Awards

Nominations for awards to FSN employees should be initiated by the Country Director. The nomination should be prepared on Form DS-1577, "Nomination for Incentive Award", and submitted to the Joint Awards Committee, of which the Country Director should be a member, at Post for review and

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concurrence. If the committee concurs with the award or in those cases where there is no committee at Post, the nomination should be forwarded to the Office of Personnel Management (M/PM) for review and approval. The Office of Personnel Management, Peace Corps Washington, administers the Incentive Awards program for the Peace Corps. Decisions to approve or not approve the award are made by an Incentive Awards Committee consisting of the three Associate Directors or their designates, the Director of Personnel Management, a union representative, and the Incentive Awards Administrator.

9.2.2 Amount of Cash Award for Sustained Outstanding Job Performance

Recommendations for awards for sustained outstanding job performance range from 1 1/2 to 10 percent of annual salary.

9.2.3 Amount of Cash Award for Suggestions Resulting in Improved Operations

The criteria used for determining the amount are based on the level of the benefit to the Peace Corps:

• Moderate- Contribution limited in scope either as to number of employees or nature of program affected, $25 - $100.

• Substantial- Contribution which is an important improvement affecting minor programs or contributions involving important changes in methods or property, $100 - $200.

• High- Contribution affecting significant phases of the entire Peace Corps Post operations or which involve major changes in methods, $200 - $400.

• Exceptional- Contribution materially affecting substantial or significant phases of the Agency's overall program or of outstanding services in the public interest, $400 - $800.

10.0 Separation

10.1 General

Under the authority of section 612 of the Foreign Service Act of 1980, an FSN employee may be separated at any time in light of criteria and procedures normally followed in the locality in similar circumstances and in accordance with local law. A separation notice period should be established which conforms to local prevailing practice.

An FSN employee may be separated without advance notice if:

• The Country Director in consultation with the U.S. Embassy, determines that the continued employment of the employee presents a security threat to the U.S.,

• The final results of a security and suitability investigation are adverse and recommendation for separation is made by the regional security officer, or

• Where permitted by local law. (See 3 FAM 974.)

10.2 Types of Separations

Employees may be separated for: 1) cause, 2) disqualification, 3) age, 4> reduction in force, 5)

abandonment of position, 6) disappearance, 7) military service, 8) disability or 9) death. General guidelines on separations are found in 3 FAM 974 and specific guidelines will be found at each Post. Local labor laws, local practices and customs will be followed to the extent feasible in the specific guidelines for each Post.

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10.2.1 Separations for cause

Country Directors must consult with the Office of General Counsel, Peace Corps, when proposing a separation for cause.

11.0 Training

FSN employees are encouraged to obtain training on the job, from local schools and universities and through correspondence courses. Additionally, FSN employees are nominated for attendance at staff training cycles at Peace Corps/Washington.

11.1 Staff Training Cycle in Washington

Country Directors will select FSN employees for participation in staff training in Washington. The number of nominations per year will depend upon the availability of funds, the needs of the Peace Corps Post and the potential benefit to the nominee and to the Agency. The Peace Corps country budget is used for FSN staff training expenses.

11.1.2 Health Insurance While in the United States for Training

The Peace Corps Act, Section 10 (h) allows the Peace Corps to provide for hospitalization and medical treatment for FSN employees while in the U.S. for training. The Peace Corps Office of Personnel Management (M/PM/I) purchases a special health insurance policy for FSN employees scheduled for Washington Staff Training. The coverage is for illness or injury incurred during travel to Washington, the time in Washington and at other designated training sites, and return to Post.

12.0 Detail of Host Country Nationals to Peace Corps

Country Directors should encourage host country governments to provide personnel on assignment or detail to the Peace Corps as a form of host country contribution. If a host country government is unable to detail such personnel at its own expense, the Country Director may agree to provide partial or full reimbursement to the host government Agency without affecting FTE.

12.1 Salary and Benefits

Before agreeing to reimburse a host country government for the cost of detailing one of its employees, the Country Director should determine the salary and benefits the individual is receiving from the government and what the individual could command in the local labor market. The Peace Corps should pay no more than the individual's prior rate of compensation. Moreover, if the individual's government compensation rate significantly exceeds what the individual could command in the local market, this factor should be weighed in fixing the amount of reimbursable costs the Peace Corps will pay.

While the individual is on detail to the Peace Corps, the ministry or government Agency will remain responsible for the employee's standard benefits such as health insurance, annual leave, or retirement benefits. It is the Country Director's responsibility to ensure that the detailed employee does not unknowingly forfeit these benefits by accepting a detail with the Peace Corps.

Finally, the reimbursable costs for the detail of a host country national should be compared to the level of compensation that would be paid an FSN under direct-hire procedures. If reimbursable costs of the detail exceed the maximum level that would be paid under the U.S. local employee compensation plan, the Country Director must keep documentation of this on file demonstrating that the detail is not a device to avoid a direct hire.

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12.2 Other Factors

12.2.1 Security Clearance

The Post Security Officer will conduct preemployment investigations for personnel to be detailed in accordance with 3 FAM 922.2. Detailed personnel (like direct-hire) cannot be given access to classified material. With security clearance, they may have access to Peace Corps general administratively controlled material.

12.2.2 Conflict of Interest

The Country Director must be sensitive to situations involving, or appearing to involve, conflicts of interest between a detailed individual's responsibilities toward the Peace Corps and toward the host government Agency.

12.2.3 Vehicle Insurance

If detailed host country nationals are expected to operate Peace Corps vehicles in connection with their assignments, the Country Director shall determine whether host country law requires the Peace Corps to purchase liability insurance locally. If the detailed employee is expected to operate host country

government owned vehicles in connection with his or her Peace Corps assignments, the host country government's written assumption of responsibility must be secured.

12.2.4 Service to Host Country Government During Time of Detail

During periods of detail to the Peace Corps, host country personnel may not perform employee services for their government which are unrelated to their Peace Corps duties.

12.3 Peace Corps/Washington Reporting Procedures

The Country Director will forward to the Regional Director the following information for each professional host country national whose detail from the host country government is proposed:

• Proposed position assignment, • Biographical summary,

• Proposed detail arrangements with the host country government Agency,

• Proposed costs to the Peace Corps, if any, and justification for the proposed salary if it exceeds country norms, and

• Value of host country contributions due to the detail.

12.4 Regional Approval

The Regional Director must approve or disapprove the proposed detail.

13.0 Effective Date

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MS 603: Position Classification

Date:

1/4/84

Responsible Office:

M/PM

Supercedes:

MS 603 (12/07/73) Table of Contents

Table of Contents

1.0 Purpose 2.0 Scope 3.0 Policy

3.1 Foreign Service Positions in the United States 3.2 General Schedule Positions

3.3 Foreign Service Positions Overseas 3.4 Foreign Service National Positions 3.5 Expert/Consultant Positions 4.0 Procedures

4.1 Foreign Service Positions in the United States 4.1.1 Writing the Position Description (PD) 4.1.2 Reviewing the Position Description 4.1.3 Classifying the Position

4.1.4 Reviewing a Classification 4.2 General Schedule Positions 4.3 Foreign Service Positions Overseas 4.3.1 Position Descriptions

4.3.2 Classifying the Positions 4.3.3 Appealing a Classification 4.4 Foreign Service National Positions 4.4.1 Appealing a Classification 4.4.2 Appeals Panel Process 4.5 Expert/consultants

4.5.1 Preparing a Statement of Work 4.5.2 Classifying the Statement of Work 5.0 Effective Date

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1.0 Purpose

This Manual Section defines the policies and procedures for the classification of Peace Corps positions.

2.0 Scope

The policies and procedures described pertain to all Peace Corps personnel except those who hold Executive Schedule positions and Senior Foreign Service positions.

3.0 Policy

Positions are classified, or evaluated, based on the duties, responsibilities, and qualifications required to perform the work.

3.1 Foreign Service Positions in the United States

These positions are classified on the general principle of equal pay for substantially equal work. The U.S. Office of Personnel Management Position Classification Standards are normally used as references for U.S. based positions. The positions are classified to classes FP 9 through 1 and to grades AD (Administratively Determined) 1 through 4.

3.2 General Schedule Positions

The Peace Corps has limited General Schedule classification authority. This authority is limited to maintaining and recertifying existing General Schedule positions; and to classifying new GS positions in order to laterally reassign current GS employees to different positions. This may occur when the

employee's present position description has become obsolete and/or when management determines that the employee may be better used in another position.

3.3 Foreign Service Positions Overseas

These positions are classified according to the "rank-in-the-person" classification principle. This system recognizes the rank inherent in the individual performing the work.

3.4 Foreign Service National Positions

These positions are classified in accordance with the system developed by the State Department, in consultation with the InterAgency Advisory group and as outlined in the Local Employees Position Classification Handbook. This system is based on the "rank-in-position" principle in which the duties and responsibilities of the position are evaluated.

3.5 Expert/Consultant Positions

These positions are evaluated on the basis of the duties and responsibilities of the position and

qualifications required to perform the work. The level of complexity and expertise required must be at the class level of FP 3 or higher.

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4.0 Procedures

4.1 Foreign Service Positions in the United States

4.1.1 Writing the Position Description (PD)

The supervisor or designee drafts a description of the position. The position description (PD) should be a concise and accurate description of the duties and responsibilities of the position. The basic format of the PD is in three parts:

• Introduction. The Introduction should indicate the position's major purpose and its location within the Agency.

• Duties and Responsibilities. The Duties and Responsibilities should be grouped into paragraphs that describe the major duties to be performed. Minor duties can be summarized at the end of the PD.

• Supervision and Guidance. The Supervision and Guidance section should identify the title of the supervisor, the degree and type of supervision, the type of work review, and the reference and guidelines available for the performance of the work. A PD can generally be writ- ten in two Pages or less.

The writer of the PD should consult with a Classification Specialist in the Office of Personnel Management regarding the draft PD. The Classification Specialist may suggest revisions which will enhance the clarity of the document.

4.1.2 Reviewing the Position Description

After the PD has been written, a Form OF-8, "Position Description" should be attached to the PD. The appropriate supervisor or manager must review the PD for accuracy and clarity and sign the Form OF-8. 4.1.3 Classifying the Position

A Classification Specialist analyzes, evaluates, and classifies the position based on the duties, responsibilities, and qualification requirements.

The analysis may include further consultation with the supervisor or manager. Generally, the Classification Specialist will use the published U.S. Office of Personnel Management Position Classification Standards as reference during the analysis process. The Classification Specialist, at the completion of the evaluation, certifies the position as to job series, class level(s), and title.

4.1.4 Reviewing a Classification

Employees (or their supervisor) may request a reconsideration of classification decision by submitting a letter stating the reasons they disagree with the classification, including any factors they believe were omitted in the analysis. The letter should be directed to the Director of Personnel Management (M/PM) and should be accompanied by the supervisor's statement concerning the accuracy of the PD and the accuracy of any additional duties and responsibilities. The decision by the Director (M/PM) is final.

4.2 General Schedule Positions

The Peace Corps does not presently classify GS positions; however, should the Peace Corps choose to, it would follow the procedures prescribed by The Office of Personnel Management Classification Standards.

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4.3 Foreign Service Positions Overseas

4.3.1 Position Descriptions

Standard PDs describe the duties and responsibilities of the country Director, Associate Peace Corps Director and Medical Officer positions in broad, general language. The PDs are not country or position specific. Each position can be performed at more than one level, based on the experience, education, and demonstrated expertise the incumbent brings to the position. This is the "rank-in-the-person" concept. 4.3.2 Classifying the Positions

Standard PD's are evaluated and assigned to multi-class levels. In determining the appropriate minimum and maximum class levels, the duties and responsibilities are evaluated using any relevant published standards and comparable positions in other Foreign Affairs agencies as references.

4.3.3 Appealing a Classification

Because the overseas Foreign Service positions are classified and staffed based on the "rank-in-the-person" concept, there is no classification appeal process.

4.4 Foreign Service National Positions

Based on an InterAgency Agreement between the State Department and Foreign Affairs agencies, Peace Corps FSN positions are routinely classified by the Embassy staff at Post. Detailed instructions on the process are found in the Local Employee Position Classification Handbook. Each Embassy Personnel and/or Administrative Office has a copy of the handbook. In those cases where there is no Embassy coverage, classification functions are performed by the headquarters Office of Personnel Management (M/PM), using comparable criteria.

4.4.1 Appealing a Classification

An FSN staff member or his or her supervisor may request reconsideration of a classification decision. Informal consultation with the Embassy Personnel Officer or the Administrative Officer, where there is no Personnel Officer at Post, may clarify and/or resolve the disagreement. If agreement is not reached, the case may be referred to the Post Appeals Panel.

4.4.2 Appeals Panel Process

Each Post should have a Post Appeals Panel. The Peace Corps Country Director is generally a standing member of the panel and must be a member when a Peace Corps classification appeal is being adjudicated. The Panel reviews the classification appeal against existing standards and decides whether the position is properly classified. If agreement is not reached, the Post Appeals Panel may refer the case to the

InterAgency Appeals Board in Washington.

An InterAgency Appeals Board in Washington consisting of members of the headquarters agencies reviews appeals submitted by the Post Appeals Panel. The appeals submitted to Washington are generally in the following categories:

• There are no published standards for the position in question:

• The Post Appeals Panel could not decide the issue and requested further consultation; or • The appeal is a result of the initial installation of the worldwide classification system.

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In a highly unusual case, the Director of the Peace Corps can overrule the findings of the Washington InterAgency Appeals Board on a Peace Corps FSN classification decision.

4.5 Expert/Consultants

4.5.1 Preparing a Statement of Work

The office engaging the consultant or expert is responsible for preparing a brief, accurate, and concise statement of the work to be performed. The statement is generally less than one page in length. An OF-8 form, "Position Description" is not required.

4.5.2 Classifying the Statement of Work

A Classification Specialist reviews the Statement of Work to ascertain that the work to be performed meets the criteria, as defined by the U.S. Office of Personnel Management, for experts and consultants; and that the required duties, responsibilities, and qualifications warrant at least the FP 03 class level.

5.0 Effective Date

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MS 611: Eligibility for Peace Corps

Employment or Volunteer Service of

Applicants with Intelligence

Backgrounds

Date:

4/2/84

Office:

D/GCLL

Supersedes:

MS 201, para II-B. 5, 5/14/73 MS 643, 7/21/75

Table of Contents Attachments

Table of Contents

1.0 Policy 2.0 Scope 3.0 Definitions 3.1 Intelligence Activity 3.2 Related Work 3.3 Employment 4.0 Eligibility

4.1 Employment by an Intelligence Agency or Division Thereof 4.1.1 Permanent Ineligibility

4.1.2 Ineligibility for a Minimum of 10 Years 4.1.3 Ineligibility for a Period in Excess of 10 Years 4.2 Related Work

4.2.1 Family Relations with an Intelligence Background 5.0 Criteria

6.0 Procedures for Employment Applicants 6.1 Notice

6.1.1 Background Information 6.1.2 Vacancy Announcements 6.1.3 Contractors and Consultants 6.1.4 Request for Additional Information 6.1.5 Failure to Disclose Information 6.2 Screening

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6.3.1 Appeal Sustained 7.0 Procedures for Volunteer Applicants 7.1 Notice

7.1.1 Background Information 7.1.2 Recruitment Responsibility 7.1.3 Request for Additional Information 7.1.4 Failure to Disclose Information 7.2 Screening 7.3 Appeal 7.4 Appeal Sustainment 8.0 Effective Date

Attachments

IN PROGRESS OF OBTAINING

Attachment A Peace Corps Intelligence Background Information (PC 1336 [83])

1.0 Policy

It has been the Peace Corps' longstanding policy to exclude from Peace Corps Volunteer service and Peace Corps employment, under the provisions set forth in para 4 below, any persons who have engaged in intelligence activity or related work or who have been employed by or connected with an intelligence Agency. This policy has been reaffirmed by each successive administration.

The policy is founded on the premise that it is crucial to the Peace Corps in carrying out its mission that there be a complete and total separation of Peace Corps from the intelligence activities of the United States government, both in reality and appearance. Any semblance of a connection between Peace Corps and the intelligence community would seriously compromise the ability of the Peace Corps to develop and

maintain the trust and confidence of the people of the host countries. To insure that there is not the slightest basis for the appearance of any connection between Peace Corps and the intelligence community, the policy contains certain permanent bars. Serious doubts about an applicant's connection with intelligence activities are to be resolved in favor of exclusion.

It is also the policy of Peace Corps to obtain agreement from intelligence agencies and other agencies engaged in intelligence activities not to employ former Peace Corps employees or Volunteers for a specified period after their Peace Corps service or employment. Information regarding such agreements may be obtained from the agencies themselves or from the Peace Corps Office of the General Counsel.

2.0 Scope

Restrictions imposed pursuant to this policy are uniformly applicable to applicants for positions as Volunteers, Volunteer Leaders, employees, including part time and temporaries, interns, consultants and personal service contractors.

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3.0 Definitions

3.1 Intelligence Activity

"Intelligence Activity" includes any activities or specialized training involving or related to the clandestine collection of information, or the analysis or dissemination of such information, intended for use by the United States government in formulating or implementing political or military policy in regard to other countries. The term "intelligence activity" includes any involvement in covert actions designed to influence events in foreign countries.

3.2 Related Work

The term "related work" means any employment by or other connection with an intelligence Agency or with an intelligence activity, if such connection could be the basis for an inference that the individual involved was engaged in an intelligence activity.

3.3 Employment

The terms "employment," "employee" or "employed" as used herein refer to the existence of a relationship of employer and employee, whether full-time or part-time, permanent or temporary, without regard to the length of time the relationship existed or is proposed to exist, and includes for purposes of this policy individuals performing duties as Volunteers, fellows, interns, consultants and personal service contractors.

4.0 Eligibility

4.1 Employment by an Intelligence Agency or Division Thereof

4.1.1 Permanent Ineligibility

Persons currently or formerly employed by the Central Intelligence Agency shall be permanently ineligible for Peace Corps Volunteer service or employment by the Peace Corps.

4.1.2 Ineligibility for a Minimum of 10 Years

Any person who has been employed by an Agency or division of an Agency, other than the Central Intelligence Agency, a substantial part of whose mission has been determined by the Peace Corps General Counsel to include intelligence activities, shall be ineligible for service as a Volunteer or for employment for a period of 10 years from the last date of employment by such Agency.

4.1.3 Ineligibility for a Period in Excess of 10 Years

Individuals may be ineligible for service or employment for a period in excess of 10 years where the General Counsel determines that their background or work history with regard to intelligence activities warrants such action.

4.2 Related Work

Applicants for Peace Corps Volunteer service or employment whose background or work history discloses a substantial connection with an intelligence activity or related work other than through employment shall be ineligible to serve as Peace Corps Volunteers or as employees of the Peace Corps for a period of time ordinarily not to exceed 10 years from the date of their last connection with the Agency or activity.

References

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