FOR DISCUSSION PURPOSES ONLY
DRAFT MOTION FOR ADOPTION OF PROCEDURES REGARDING
STAFF RIGHTS AND MANAGEMENT RESPONSIBILITIES
This motion is aimed at, and has as its goal, the improvement of the management
structure and procedures of the Federal Election Commission (“FEC,” “Commission” or
“Agency”) in order to address the ongoing morale issues among Agency staff; these issues were
discussed at length in an Employee Morale Study made available to Agency staff and to the
public in July 2016. 1 In response to the Employee Morale Study, a number of suggestions,
recommendations and concerns have been raised by the Commissioners, the Inspector General,
and Agency staff, both individually and through the employee union. 2 However, to date, the
Commissioners have not acted on any of these suggestions, recommendations and concerns, or
formally directed their attention to them.
The procedures in this motion, as set forth below, are intended to directly address these
issues, and shall be memorialized in writing and approved by the Commissioners through the
Commission’s Directive process. Existing Commission directives shall be reviewed and revised
as appropriate, subject to Commission approval. Any procedures affecting the Labor
Management Agreement (“LMA”) shall be implemented in accordance with the LMA, and
subject to negotiations between Management and the employee union.
I.

Management Evaluations, Training, and External Support
A. The Commission shall develop a Manager 3 Training Program (“MTP”) in keeping with
the managerial development objectives set forth in the Office of Personal Management’s
(“OPM”) Guidelines for Managerial Development Memorandum. 4 The MTP will
include topics such as Human Resources procedures, EEO training, leadership,
communication and management skills, and improving and rewarding employees’

1

See Root Causes of Low Employee Morale Study (Employee Morale Study), FEC Office of Inspector
General (“OIG”) (July 2016), available at http://www.fec.gov/fecig/fecig.shtml; Yearly Federal Employee
Viewpoint Survey Results (FEVS), OPM, available at https://www.fedview.opm.gov/. See also Best Places To
Work, http://bestplacestowork.org/BPTW/ (analyzing data from the annual FEVS and showing yearly decreases in
the Commission’s overall index scores since 2009, consistently ranking the Agency in the lower quartile among
small agencies); Unlocking Federal Talent, https://unlocktalent.gov/federal-election-commission (providing data on
employee engagement at federal agencies, displaying decreases with the Agency’s employee engagement scores,
and ranking the Commission at number 38 out of 40 among small agencies in 2016).
2

The Commission’s bargaining unit employees are represented by the National Treasury Employees Union
(NTEU), Chapter 204.
3

For purposes of this motion, the term “Manager” refers to the statutory employees (Staff Director and
General Counsel), the Chief Financial Officer, Division heads/Senior Leaders and middle managers (team leaders
and direct supervisors), and includes any individual serving in a management position, whether or not in an acting
capacity.
4

Guidelines for Managerial Development Memorandum, OPM, available at
https://www.chcoc.gov/content/guidelines-managerial-development.

 FOR DISCUSSION PURPOSES ONLY
performance. The MTP will be tailored specifically to each divisional management
position.
B. As part of the MPT, all Managers shall be required to participate in and complete an
annual training program that includes, but is not limited to, all training mandated by
OPM. 5 The Office of Human Resources (HR) will develop a reporting and records
management system to track compliance. Failure to timely comply with required training
shall be a factor when considering compensation and bonuses for Commission Managers.
C. The Commission will develop and implement a Performance Review system for
Managers that considers and includes anonymous “360-degree feedback” from
colleagues, supervisors, and subordinates.
D. Division Managers shall each provide the Commission with a written report quarterly, or
more frequently as required by the Commission, reporting on (1) the status of their efforts
to establish and maintain high morale among staff in their respective Divisions, (2) the
status of their efforts to improve the professionalism of staff members and the
effectiveness of procedures, and (3) any recommendations they may want the
Commission to consider in connection with their respective Divisions.
E. Any individual holding an “Acting” position as a Manager shall be subject to renewal
every 120 days, and shall require at least four affirmative votes from the Commission to
continue in that position. The “Acting” Manager’s performance in that position shall be
considered during such a vote.
F. The Commission will retain an outside professional management consulting firm on an
annual basis, annually at least three years forward from the date that the Commission
approves this motion, to provide professional management training, and advice on all
major management decisions, including the interviewing and hiring and filling of
important positions, and provide advice and recommendations on candidates under
consideration. 6
II.

Ombuds Office
The Commission will create, fund, and staff an Ombuds Office, with such powers and
authority and subject to the same or similar limitations as used in other federal agencies,
including the duty of confidentiality and adherence to proper procedures for use of

5

See Federally Mandated Training, OPM, available at See Federally Mandated Training, OPM,
https://www.opm.gov/wiki/training/Federally-Mandated-Training/Print.aspx (describing required training for
supervisors, managers and executives).
6

This will be in addition to the Commission’s continued use of an independent auditor to audit the Agency’s
financial statements and review the Agency’s internal controls and compliance with applicable laws, regulations and
contracts for purposes of the Commission’s Performance Accountability Reports and the annual Agency Financial
Reports. See Plans, Performance and Budget, FEC, available at http://www.fec.gov/pages/budget/budget.shtml. In
the past, the Commission has utilized the services of Leon Snead & Company, P.C. for these purposes.
2

 FOR DISCUSSION PURPOSES ONLY
confidential information, impartiality, and informality. The Commission shall create, fund,
and staff the Ombuds Office pursuant to the authority delegated by 5 U.S.C. §§ 571 – 584.
The Commission will require Agency Managers to cooperate in any investigations or
inquiries instituted by the Ombud. These procedures are not intended to supersede or
interfere with the rights and responsibilities of the Commission with respect to other federal
government agencies.
A. General Responsibilities
The Ombud Shall:
1) Serve as a confidential resource for all Agency staff to discuss and receive advice
regarding internal agency problems, including specific incidents, overarching
concerns, and any other staff complaints;
2) Conduct independent, informal investigations and inquiries of workplace conflict,
including fact-finding and dispute resolution;
3) Identify and make recommendations about problematic agency policies, actions,
or business practices;
4) Act impartially in all inquiries and investigations;
5) Review and assess the Agency’s implementation of measures for improving
morale.
B. Prohibited Activities
The Ombud Shall Not:
1) Act on behalf of any specific employee group, including the Commissioners,
Office of the Inspector General, Staff Director, or Office of General Counsel;
2) Disclose any confidential communications or personally identifiable information,
absent immediate risk of serious harm, as required by applicable laws, or, in other
cases, when the Ombud has obtained explicit, written permission from the
person(s) involved to disclose the communications and/or personally identifiable
information;
3) Conduct or attempt to conduct formal adjudication as a substitute for
administrative or judicial proceedings;
4) Change or attempt to change Agency policy or administration;
5) Change or attempt to make binding changes to personnel;
6) Serve as any individual’s lawyer, representative, or counsel.
C. Reporting
The Ombud shall file quarterly reports with the Commission, and more frequently
if requested, that:
1) Discuss his or her relevant activities during that period, including the review and
assessment of the Agency’s implementation of measures for improving morale;
2) Make suggestions on agency-wide programming to address staff concerns and
improve agency morale;
3) Outline the status of any pending complaints or suggestions, without breaking
confidence or otherwise disclosing personally identifiable information;
4) These reports shall be available to all agency staff upon request.

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 FOR DISCUSSION PURPOSES ONLY

III.

Staff Training
The Commission shall allocate sufficient resources for staff training by including line
items in the annual budget for each Division. At the end of each fiscal year, the
Commission shall consider whether sufficient funds were available and adjust the amount
accordingly for the next fiscal year.

IV.

Office of the Staff Director
A. [redacted upon request]
B. [redacted upon request]
C. The Staff Director shall provide the Commission with a written report on a quarterly
basis, or more frequently as required by the Commission or as desired by the Staff
Director, reporting on (1) the status and success of efforts made to establish and maintain
high morale among Agency staff, (2) the status and success of efforts to improve the
professionalism of staff members and effectiveness of procedures, and (3) any formal or
informal recommendations for Commissioners’ consideration. The first report shall be
due within 30 days of the date these procedures are adopted by the Commission, and the
quarterly reports shall be circulated thereafter consistent with the circulation procedures
for quarterly reports pursuant to Directive 68.

V.

Agency/NTEU Cooperation
The Commission supports a partnership between Managers and NTEU that seeks high
performance of all towards Agency objectives. As such, Managers are required to work
with NTEU, as required by the Labor Management Agreement, to implement new
workplace programs and policies aimed at improving employee morale, and develop
procedures for the consistent administration and operation of the Agency’s various
workplace programs, such as the Commission’s telework program.

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