OPM’s acting director prohibited from serving

The Office of Personnel Management’s acting Director Beth Cobert has been in violation of the Federal Vacancies Reform Act for the past three months, says OPM’s Inspector General, and any actions taken by Cobert since her nomination by President Barack Obama to permanently lead the agency are null and void.

The potentially legal snarl comes in a Feb. 10 memo from the IG’s office that was released this week that references an August decision by the U.S. Court of Appeals for the D.C. Circuit.

“I am compelled to bring to your immediate attention that the Federal Vacancies Reform Act (FVRA), as decided by the D.C. Circuit in SW General, Inc. v. National Labor Relations Board, prohibits your serving as the acting director of the U.S. Office of Personnel Management (OPM) as of Nov. 10, 2015, the date that the President nominated you to the Senate for appointment as director of OPM,” the memo stated. “Moreover, under the FVRA, any actions taken by you since the date of your nomination are void and may not be subsequently ratified.”

More