UNCLASSIFIED

01   02   RR   UUUU

HQDA WASHINGTON DC//DAPC-CPC//
AIG 9150
AIG 9893

UNCLAS

SUBJ: CLARIFICATION - EMPLOYMENT OF FAMILY MEMBERS UNDER EXECUTIVE ORDER {EO} 12721

A. 5 CODE OF FEDERAL REGULATIONS (CFR) 315.608.
B. HQDA MSG, DAPE-CPE, 172130Z DEC 93, SUBJECT AS ABOVE.
C. FPM SUPPLEMENT 296-33, TABLES 9-G AND 10-8.
D. 5 CFR 316.402 (B).
E. FPM CHAPTER 316, SUBCHAPTER 2-10, EXTENDING TEMPORARY LIMITED EMPLOYEES.

1. IN RESPONSE TO A RECENT CALL TO THIS OFFICE AND A SUBSEQUENT DISCUSSION WITH THE OFFICE OF PERSONNEL MANAGEMENT, WE ARE CLARIFYING GUIDANCE PREVIOUSLY PROVIDED IN REF B REGARDING CONVERSION ACTIONS.

2. CPOS MUST EXERCISE CAUTION WHEN DEALING WITH EO ELIGIBLE FAMILY MEMBERS ON TEMPORARY APPOINTMENTS. THESE EMPLOYEES CANNOT BE CONVERTED TO A PERMANENT APPOINTMENT UNLESS THEY STILL HAVE VALID EO ELIGIBILITY. REF C SPECIFIES THAT THE AUTHORITY FOR CONVERSION TO A CAREER-COND APPOINTMENT MUST BE THE EO.

3. THESE SAME INDIVIDUALS, HOWEVER, CAN BE EXTENDED ON THEIR TEMP APPOINTMENTS EVEN IF THEIR ELIGIBILITY FOR THE EO EXPIRES OR IS LOST (OTHER THAN FOR PERSONAL CAUSE) DURING THE AUTHORIZED PERIOD OF TEMPORARY EMPLOYMENT (SEE REFD). ALTHOUGH THE EXTENSION IS TECHNICALLY PROCESSED AS A CONVERSION TO A NEW APPOINTMENT, THE AUTHORITY CITED IS FPM CH 316 - NONCOMP, NOT THE EO (REF C). WE NOTE THAT ALL RENEWALS OF TEMP APPOINTMENTS MUST BE IAW THE CONDITIONS OUTLINED IN REF E.

4. CPOS SHOULD ENSURE WIDEST DISSEMINATION OF THIS INFORMATION TO ENSURE CORRECT APPOINTMENTS AND CONVERSIONS ARE MADE AND ACCURATE GUIDANCE IS RELAYED TO MANAGEMENT AND FAMILY MEMBERS.