A Survival Guide for Career Civil Servants:
Introduction.
Elections have consequences. Perhaps most importantly for you, they bring new political appointees to leadership positions in your agency. That’s as it should be in a democracy, and despite all the mainstream and social media rhetoric, this election is no different than any other. And all of those hyperbolic post-election headlines notwithstanding—especially those about all the nominations, ‘deconstructing’ the Administrative State, and derying (or lauding) the potential for mass layoffs of civil servants—your survival still comes down to the relationship you develop with your new appointee-boss.
How will you handle that relationship? The following eight rules will help you prove your worth to the new Administration—and get through those difficult initial days and weeks and beyond without compromising on the essential services you provide to fellow citizens (or on your sanity). After all, we are willing to bet that the citizens you serve will still want—indeed, demand—those services.
The secret is to do a little legal bureaucratic jujitsu to leverage the energy of a new appointee/boss…to get on his or her side of the equation and focus them on those services. Not to thwart them—that is NOT the democratic way (no pun intended), nor what we career civil servants are sworn to do—but to take the ‘high road’ and help a new appointee achieve constructive and lawful changes. Because it should be all about those changes—we know that they are something every new Administration promises—and making them the right way…that is, within the law.
Schedule F
What happens if your position is actually ‘converted’ to Schedule F? Don’t worry! If the new OPM rule [codified at 5 CFR Parts 210, 212, 213, 302, 432, 451, and 752] is still in effect, you’re protected. And if you’re a veteran, you may still have statutory appeal rights to the MSPB, and you should exercise them. But bottom line: Being covered by Schedule F just means that you’d be under the same, more flexible rules as many other colleagues in the federal civil service, all ‘excepted service’ employees like you. And it is still up to you to convince a new political appointee of your value. In other words, you should still follow the Rules below
Rule 1: What to do in the interregnum. First, do not panic; you’re still the career incumbent!
- It is no secret that the Trump Administration was voted into office to change government, and we are not here to criticize that…so long as it is done legally. And in that regard, you may be on someone’s ‘target list’
- (something we find deplorable but part of today’s reality) and/or receive an entirely legal official notice reassigning you to another position, even if you’ve never met the political appointee who has issued it. And that is even before any potential resurrection of the now-infamous Schedule F, which may place your position in the ‘excepted’ service (see the call-out box above), an action that is currently—but probably not permanently—constrained by a rule promulgated by OPM before the election [codified at 5 CFR Parts 210, 212, 213, 302, 432, 451, and 752].
In that regard, if you’re a career-reserved member of the SES or equivalent, OPM says that you’re already in the ‘excepted’ service, so the ‘powers that be’ do not need to wait on the issuance of a new Schedule F to reassign you. By law, you are already under a mobility agreement, so as a career SES member, you must comply with a legal reassignment notice—even if it requires you to move geographically—or you may be terminated. So, you need to think about your ‘red lines’ (see Rule 3 below) and even be prepared to leave government entirely. And if you do, be prepared with a Plan B. - Take advantage of the time the law gives you. However, in the meantime, all is not lost. By law and/or custom, you should still get a reasonable ‘get acquainted’ period (if you’re in the SES, the law says it’s as long as 120 days), and we suggest that you use it to prove your worth to a new appointee…in other words, to get on the same side as that appointee by focusing on how that appointee can legally achieve whatever he or she wants to do. After all, know that you’re the expert on your particular program or policy area, and that expertise can be leveraged. So, take advantage of the time you have.
Acting…should I or shouldn’t I? Our advice is to decline the ‘honor’ of being named ‘Acting (fill in the blank)’ in a political position, or even of being officially designated as “performing the duties of” that position under the authority of the Vacancies Act. Even though that’s the dream of many career civil servants, it is almost always temporary, and in our opinion, it’s just too visible…it puts a target squarely on your back when (not likely if!) an official nomination is made. Stay in the background, less visible but no less valuable to a new nominee. And if it’s too late to do so—many of these Acting designations were put in writing months ago by the now-outgoing Biden Administration—we would counsel exercising it on a very low kay basis, something we’d recommend no matter who won the election.
Rule 2: Equip yourself with information only you have access to!
- Control the orientation agenda. This is why you are so valuable as a career civil servant. You know your stuff, more than anyone else. You’ve lived it. No matter your level in the agency—whether it’s as a Dierct Report to a new agency head or as someone further down in the bureaucracy dealing with a new Schedule C, non-career SES, or even a new Schedule F placement—the more detailed data you can provide, including all the arcane metrics and statistics you can muster, the better. You’re the expert, so show it!
- Be the first in and last out. And you should play the position game as well. In other words, you should always be the first person in to see a new nominee, and the last person to leave his or her office..not just the first time, but always. That informal authority—you should be seen as having the new boss’s ear—is what will give you influence, so you should have ‘control’ of the Transition Book and any/all briefing papers that orient a new boss to his or her new agency or program. Not to censor what those documents say, but to add your own point of view (POV) to them as an insider. That POV influence translates into staying power, IF you can use it to show just how invaluable you are to the new boss’s success.
Leveraging your network
Be smart about surviving. We recommend reaching out to your GOP connections (and we sure you have them) on the Hill or who have been whiling away their time ‘in exile’ in various think tanks or academic institutions, and ask them to help. You may even find that some of them may are new appointees or ‘insiders’ who can make a phone call on your behalf.
Rule 3: First Impressions—Get to Know Your New Political Boss
- First Impressions Matter: Go meet your new boss on his or her turf—hopefully something you have initiated as soon as they’ve been named, rather than something they’ve called for—with an open mind. But you should do it…do NOT wait. And use that first meeting to share the agency’s noble mission with them. That will provide a sense of shared purpose. Offer appointees a menu of “high-impact projects,” including tasks you and they would like done anyway, no matter how big or small, so that they can have the opportunity to make critical choices right off the bat.
- The key to building a successful relationship. The relationship with a new appointee begins by understanding their values, priorities, and leadership style. As a career civil servant, you’ve sworn to do their bidding…subject to the law, of course. So think of this first baby step as strategic reconnaissance—not to manipulate them, but to better align your approach, shaped by your programmatic expertise and institutional knowledge—to their goals, all while maintaining your personal and programmatic integrity.
- Knowing your programmatic and personal red lines. In other words, we think you have two ‘red lines’ that should be inviolable: (1) what the law or regulation currently says about your program or policy area and how to go about legally changing them; and perhaps most importantly, (2) your own values, conscience and moral compass. And if either of those ‘red lines’ are crossed, you should be prepared to say so to your new appointee…and if you feel you must, even to move on if need be. But the real point is this: You and your folks are there to serve, so how can you best work with a new appointee to do that?
- Start with Questions: Whether it’s the first meeting or the tenth, our advice is to start with questions…subtle, open ended, non-intrusive conversations to uncover what drives your new boss. Consider asking things like: What’s your vision for our agency in the next six months? “What attracted you to this role? What do you see as the biggest opportunities and challenges ahead for us.? What do you value most in a team?” These questions show your interest in them, but they also provide you with invaluable intelligence and insight into their values, agenda, and strategic focus. Listen for key themes such as efficiency, innovation, cost-cutting, reputation, or impact.
- Keep a Boss Folder: Sometimes, you run into a boss who is all over the map. A two-step process of documenting and reflecting will generally solve this. After every engagement, capture what the boss said and file it. Take note of topics and what excites or frustrates them. After thirty days, review the folder and reflect. Patterns revealing their values, agenda, and programmatic and personal motivations almost always emerge. Think of working with an appointee as a challenging new level in a video strategy game. They’re like the ‘unpredictable boss’ character in that game, and your job is to help them navigate their moves, anticipate obstacles (personal, programmatic, and legal), and rack up wins for the program or agency and its constituency. Mentally gamify the process to make it feel less personal. Remember, this is a marathon, not a sprint. As noted, take advantage of your ‘get acquainted’ period if you get one, but more importantly, you should be searching for common ground.
- Reduce Personal Stress…it’ll be OK! In addition, take care of yourself with small, intentional stress-reducing practices: step outside for fresh air, grab that second cup of coffee (or tea), and don’t forget to collaborate and even commiserate with trusted colleagues—including those who may have moved on—who’ve been through this before. Treat each interaction as part of your video game’s score. While you’ll have some losses—projects you can’t steer or frustrations you can’t avoid—play the long game; the actual score is your total ability to find wins and minimize damage, especially the illegal kind. Focus on the long-term, not day-to-day setbacks.
Rule 4: Dust Off Your Own Agenda
- Pitching Your Long-Desired Changes: Identify the projects or policies you’ve always wanted to see implemented—especially those that may improve efficiency and cut costs—but haven’t been able to push forward for whatever reason. However, those things must also coincide with the new appointee’s own agenda, something you should have been able to discern by doing some of the things we’ve outlined above! Now’s the perfect time to repackage these ideas as “fresh” or “innovative” solutions that align with the appointee’s vision. Even if you have to frame these ideas as if they were conceived by the new appointee—we all know how to ‘lead up’ in that regard—maybe with a statement like “I thought of your idea about [insert change you both want] and realized that it aligns beautifully with something that you’ve said is one of your priorities.”
- Leveraging Language: Mirror their critical word choices and values. Again, they represent the ‘new game in town’ and come with a clear electoral mandate. So, if they’re truly passionate about things like efficiency, transparency, and empowerment, try to show how your proposal translates. In addition, if they prioritize results, emphasize measurable outcomes. If they value collaboration, highlight teamwork and inclusivity in your pitches. But if they just want action, your job is to mobilize your staff in support of them (see Rule 8 below). By aligning with their priorities, you become a trusted advisor and ‘insider’ rather than just another voice in the crowd.
- Coach ‘up’ strategically. New appointees often come in with big ideas but may too often lack the institutional knowledge to execute them effectively. Approach coaching (or ‘leading up’) as a way to fill in gaps, offering information and guidance. For example, if they propose an idea that seems unfeasible in its present form, try: “That’s a fascinating concept. Let’s explore how it could work within the current framework.” Or when they hesitate to make a decision, ask: “What’s most important to you in this situation? I can help you get there.”
- And never, ever ‘just say no’ (unless you have to). In that regard, career civil servants should never, ever say “you can’t do that” to a new appointee…that is exactly what that new appointee expects them to say. Our advice is to get into the details: what the law says, what agency regulations say, and most importantly, if they want to change one or both, how they can best go about it. Make it about ‘how’ and not ‘what.’
Rule 5: Find some quick, common wins and execute!
- Think of it as a Venn Diagram. Like any good civil servant, you likely have observed all kinds of inefficiencies that could use correcting, and we suggest that it is worth your time to identify those that, like the Venn Diagram below (see below), correspond to those changes that both you AND your new appointee have in mind. Find the common ‘low hanging fruit’ (even if it’s big fruit!) for you and your new boss to champion, ensuring visible success to build their confidence in you and your team. In that regard, you know how to mobilize agency resources or get fast-track approvals on these initiatives to ensure the projects run smoothly.
- Finding common ground. No matter how big the change may be, focus on how those changes can be legally effectuated—for example, by changing language in an authorization act or by revising a regulation codified in the CFR—and leaving the merits of other changes, changes that may not be in the overlap, for later. In that regard, to belabor the point, never, ever say “you can’t do that” to a new appointee…to repeat, that is exactly what that new appointee expects you to say.
- Find and leverage the overlap. The overlap in your Venn Diagram can be especially valuable where the green light to proceed with them is ‘shared’ by career and political appointees, as that can foster better career/political teamwork elsewhere in your agency…and believe us, that’s particularly important now. Create small moments of recognition, like celebratory ceremonies or even coffee breaks, to encourage ‘joint’ momentum in common priorities. That builds trust, and that’s critical in the early days of your relationship.
Rule 6: Coping with Strategic Exhaustion
- Warning your new boss of the long hours ahead. Done right, change in government can be hard and time-consuming. Laws and regulations may need to be changed, many of the latter with a lengthy public comment period, and Congress may actually need to vote on some of them. Congress also has the final say over things like agency budgets and policies. So, it is important that you point the new appointee in that direction, suggesting that they have to personally review budgets, ‘lobby’ the Hill (both Members and staff), or dig into complex regulatory texts. And if they have you do it, so much the better…treat that as a victory!
- The detailed nature of these tasks takes tenacity and patience, but one of the things that we have always found in our numerous presidential transitions is that new appointees really do not understand or appreciate that they typically enter office a fiscal year (FY) or even two behind, and it will take time—sometimes until the next midterm elections—to effect the changes they want.
- Highlighting the Burden of “Due Diligence”: Ensure that they fully understand the numerous approval steps, stakeholder consultations and buy-in, and internal bureaucratic checks, that making even small changes feel laborious. That means frequent meetings to discuss progress and process, but as we know, those are important, even if it means that a new appointee spends more time overcoming daunting procedural loops…or asks you to do it! That also means subcommittees meetings, policy reviews, internal meetings (for example, with the White House Domestic Policy Council) and external constituency consultations (such as with public interest groups). So, you should encourage things like internal and external listening tours, which can take time but may be worth the investment.
Rule 7: Always, always have a Plan B. We are not so naïve as to suggest that everything you do will work. After all, some appointees are zealous and won’t take “This violates the law, but here’s how to change it” as an answer. So, you should ALWAYS have a way out…and if you don’t already, start NOW!
- If you’re eligible to retire...If you have a new appointee that just won’t listen, or if your conscience just can’t stomach what that appointee wants you to do, it may be time to exercise your early or ‘regular’ retirement option, and just move on. You may not be ready to do so, and it may result in some (hopefully temporary) financial difficulty, but if your choice is a matter of conscience, exercise it. Change is good, whether it’s programmatic or individual, so dust off your resume NOW and start looking aggressively for post-civil service options.
- If you can’t retire...Change is still good, and if you haven’t yet ‘vested’ in FERS, FEHB, or some other retirement or insurance program, that is okay too. We have found that today’s civil servant is much less likely to stay in one place (one agency, one program, etc.) for 25-30 years. We did, in part because we are public servants at heart, and that’s how we were brought up, but that’s no longer the case…there are just too many alternative ways to do ‘the people’s business’ these days—as a small business owner, a contractor, an academic, etc.—and we encourage you to explore them all. But that takes affirmative action. You need to actively look for creative alternatives. Think of this as an opportunity.
Rule 8: Think about those below. Finally we’ve fund that during times of high stress and uncertainty, you should remember that the need for communication, especially the informal kind, with your employees doubles, yet stress—the urgency of change—often ‘instinctively’ cuts that communication in half. Resist this instinct. Even if you don’t have all the answers to the concerns or questions of your employees, it’s okay to say, ‘I don’t know.’ We also suggest that wherever possible, you walk around (even virtually) and ‘show the flag.’ These actions can reassure employees far more effectively than formal memos or emails ever can
Conclusion: Enjoy the Journey (that’s easy for us to say, but…) Agency life may change around you, but you’re in your position because you have the innate skills to ‘tame the tornado’ during and after transition. Indeed, as we have reiterated, all civil servants are sworn to follow the lead of elected officials and those they may appoint—so long as they lead us lawfully—whether we agree with them or not. So, stay calm, consistent, and persistent with the agency’s core mission. Keep in mind that with these seven steps, you are well-prepared to harness the electoral enthusiasm of a new appointee, implement and influence their zeal the right way, and continue to execute your agency’s vital mission. You have a noble purpose in that regard, and no matter how bleak the headlines, you will get through this, protecting your employees below and keeping your agency’s mission running smoothly.