Sunday, January 25, 2015

Civil Service Rule 7.1 gave the agency the discretion to fill the Civilian Pay Technician position by any authorized method, such as the reinstatement method authorized by Civil Service Rule 1.3(c) and 5 C.F.R. § 315.401. See also 5 C.F.R. § 330.101 (OPM rule giving agencies the discretion to fill positions by any properly-authorized method).

If the agency instead relied on 5 U.S.C. § 3316 to reinstate the successful candidate, that provision as well plainly makes the agency’s decision to invoke the reinstatement authority discretionary. Likewise, although the agency could have used the competitive examining process described in ¶ 7 above, it was not required to use that method. Again, Civil Service Rule 7.1 and 5 C.F.R. § 330.101, as well as 5 U.S.C. § 3316, gave the agency the discretion to fill the Civilian Pay Technician position by reinstatement instead of by competitive examining.

Sherwood v. Department of Veterans Affairs, 88 M.S.P.R. 208, ¶ 10 (2001)

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