AG backs conversion of limited term appointees to permanent employees

Attorney General Pamela S. Brown has backed outgoing Gov. Juan N. Babauta’s move to convert limited term appointees to civil service permanent employees.

Brown said in a legal opinion that employees hired on a limited term basis to fill permanent positions could not be kept on such status on account of lack of funds alone.

On Jan. 31, 2002, Babauta issued Directive No. 215 which ordered that all new government hires be placed on limited term appointments “due to the uncertainty of continued funding.” The directive also prevented limited term appointees from being converted to civil service permanent status, or any new hires from being converted to civil service probationary status.

Limited term appointees may only work for government for a period of less than one year. They are deprived of such basic civil service benefits as job security and seniority rights, although they may be re-appointed as a limited-term appointment to the same position.

On Nov. 25, 2005, Babauta lifted the austerity measure and ordered the conversion of limited term appointees to civil service permanent employees.

According to Brown, the Personnel Service System Rules and Regulations provide for ways the government can reduce force because of lack of funds. The reason cited by Babauta in the 2002 directive—“uncertainty of continued funding”—was not enough to keep qualified limited term appointees on their status.

Thus, the situation must be corrected.

“It is further my opinion that those employees who were hired as limited term appointments based solely on Directive 215 for permanent civil service positions are probationary or permanent appointments and the personnel records of those employees should be corrected to reflect their proper class of appointment,” Brown said.

She added, “If Directive 214 were a valid exercise of the executive’s authority and the ‘uncertainty of continued funding’ were a sufficient justification for a limited term appointment, it is my opinion that those persons who were hired as limited term appointments are entitled to permanent appointment status at the end of one year if the position has been found to be permanent and will continue beyond the one year period and the employee has demonstrated the capacity of 52 consecutive weeks of satisfactory performance.”