These instructions apply to all veterans’ preference eligibles except CPS that did not result in pass over.
Whenever it is proposed to object to a preference eligible for other than medical reasons, or to pass over a preference eligible and appoint a nonpreference eligible, the appointing official must prepare written reasons that justify the proposed action.
The review and concurrence of the manager of Human Resources is required. He or she will rule as to whether or not there is sufficient reason for the proposed objection or will pass over. The manager of Human Resources notes concurrence or denial of the proposal on the written request. The document is then signed and dated by the manager of Human Resources. Evidence of the review and concurrence or denial is filed with the Hiring Worksheet.
The only acceptable reason for passing over an eligible who has veteran’s preference and appointing an eligible without preference who is lower on the Hiring Worksheet is that there is evidence that indicates the preference eligible fails to meet suitability requirements (see 51, Employment Eligibility and Suitability, and 52, Determining Eligibility and Suitability).
Example: The veteran is being considered for a mail handler job. While previously employed as a temporary mail handler a short time ago, the veteran’s performance was clearly unsatisfactory and was so documented. This could be considered a valid reason for passing over the veteran and appointing a nonpreference eligible lower on the register.
The following procedures apply:
- Time limits. If the reviewing official cannot act on the request in time so that the Hiring Worksheet will be returned to the issuing office within 21 days, the desired final action may be noted on the Hiring Worksheet. However, at least 1 appointment for each applicant must be reserved until the reviewing official’s decision is received. If the reviewing official denies the request, the proposed objection or pass over may not be put into effect.
- Reconsideration. Any preference eligible objected to or passed over in favor of a nonpreference eligible is given the reasons for this action in writing and he or she will be informed of the right to request reconsideration by the selecting official (see 524, Applicant Request for Reconsideration). The selecting official’s decision is final.
When there is a proposal to pass over a CPS veteran and to select a nonpreference eligible in the same group of three, the CPS eligible must first be afforded the right of an Office of Personnel Management (OPM) review as described below. The appointing official must hold a position open until OPM gives a final decision. A nonmedical objection to a CPS eligible that does not result in a pass over is handled in accordance with 627.1, Preference Eligibles Except CPS.
The appointing official forwards to the manager of Human Resources a file containing:
- A completed Side A of SF 62 in triplicate.
- A copy of the eligible’s PS Form 2591, Application for Employment.
- A copy of all information relied upon to support the pass over.
- A signed, undated written notice to the eligible. The notice must:
- Advise the eligible that the pass over is proposed and explain the reasons for it.
- Specify the name of the installation, position title, level, and Hiring Worksheet number.
- Advise the eligible of the right to respond in writing within 15 days of the date of the notification to:
US OFFICE OF PERSONNEL MANAGEMENT
HUMAN CAPITAL LEADERSHIP AND MERIT
SYSTEM ACCOUNTABILITY DIVISION
1900 E ST NW
WASHINGTON DC 20415–0002
- State that OPM will notify the eligible of its decision on the proposed pass over.
The following actions are taken by the district:
- When the manager of Human Resources, receives the file from the appointing official, he or she will review the file to see that it is complete and contains adequate supporting documentation.
- If the district finds that the file does not adequately support the tentative rejection, it will advise the appointing official to appoint the eligible or furnish additional relevant backup documentation.
- If the district finds that the file does adequately support the tentative rejection, it will:
- Date the notice (which was previously prepared and signed by the appointing official) and send it to the veteran by certified mail, return receipt requested.
- Send OPM the SF 62, a copy of the written notice sent to the veteran, PS Form 2591, and all supporting documents upon which the disqualification was based. Send via certified mail, return receipt requested, to:
US OFFICE OF PERSONNEL MANAGEMENT
HUMAN CAPITAL LEADERSHIP AND MERIT
SYSTEM ACCOUNTABILITY DIVISION
1900 E ST NW
WASHINGTON DC 20415–0002
- Steps (1) and (2) above must be completed within 10 calendar days.
The following actions are taken by OPM:
- If OPM sustains the reasons for pass over of the CPS veteran, the application and one copy of the SF 62 are immediately returned to the manager of Human Resources, and another copy of the SF 62 is concurrently forwarded to the appropriate installation. The appointing official may then take action to select the nonpreference eligible.
- If OPM does not sustain the reasons for the request to pass over the CPS veteran, the appointing official may submit more detailed information to the district. If the district determines that the circumstances warrant reconsideration by OPM, the same submission procedures will be followed, again giving the CPS eligible 15 days to respond to the more detailed information. If OPM does not sustain the reasons for the proposed pass over, the appointing official may not pass over the preference eligible.
