Agenda Item 8D
February 5, 2013
Action
MEMORANDUM
February 1,2013
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
Action:
Bill 32-12, Personnel
Noncompetitive Appointment
Regulations
C\
'Vf:..J
I
Persons with Disabilities­
Government Operations and Fiscal Policy Committee recommendation (3-0): approve Bill
with amendments.
Bill 32-12, Personnel - Regulations - Persons with Disabilities - Noncompetitive
Appointment, sponsored by Councilmember Andrews, Council Vice-President Rice, Council
President Navarro, Councilmembers Leventhal, Ervin, Floreen, EIrich, Berliner, and Riemer,
was introduced on November 13,2012. A public hearing was held on December
11,2012
and a
Government Operations and Fiscal Policy (GO) Committee worksession was held on January 17.
Background
Bill 32-12 would require the County Executive to adopt regulations permitting the
noncompetitive appointment of a qualified person with a severe developmental, physical, or
psychological disability to a County merit position. On November 6, 2012, the voters approved
an amendment to Section 401 of the County Charter to allow the County to operate a program
within the merit system to recruit and select qualified individuals with severe physical and
mental disabilities on a noncompetitive basis. This Bill would implement the Council's authority
under this new amendment to Section 401 of the County Charter.
The Bill would authorize a program that is similar to the noncompetitive appointment of
a person with a disability to a merit position in the Federal Civil Service under Schedule A.
Under Schedule A, a Federal agency may hire a qualified person with a disability directly
without advertising the position and without competition. Although the person would be hired in
the excepted service, the person may be converted to permanent competitive status after
successfully completing the probationary period.
An
EEOC fact sheet on Schedule A for Human
Resources professionals is at ©7-1O. Schedule A hiring is for the initial appointment to a
Federal position. Once the person is hired, the person is expected to meet the same standards as
other Federal employees and must compete for promotions on his or her performance and merit.
See the email from Donna R. Walton, Ed.D, Disability Program Manager for the EEOC at © 11.
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Bill 46-09, enacted on February 2, 20 lO, created a preference for a qualified person with
a disability who applies for a County merit position under the normal competitive process. Bill
46-09 was enacted to help reduce the high unemployment and underemployment rate for persons
with a disability in the County. Bill 32-12 would create additional opportunities for a person
with a severe disability to secure an initial appointment to County employment through a
noncompetitive process.
Public Hearing
All 8 speakers at the public hearing supported the Bill, including Human Resources
Director Joseph Adler, testifying on behalf of the Executive. Kathy Bridgeman on behalf of the
Commission on People with Disabilities
16) and Jerry Godwin on behalf of the Commission
on Veterans Affairs (©17) each supported the Bill, but suggested the same amendment. Cecilia
Tomney, representing the Columbia Lighthouse for the Blind (©18), Carol Shreve, representing
S1. Luke's House-Threshold Services (©19), Susan Ingram, representing Community Support
Services (©20), Aaron Kaufman (©21-22), and Amy Lyddane (©23) each supported the Bill as a
much needed step forward for persons with disabilities. The Council also received letters
supporting the Bill. See the letter from Ann Barbagallo at ©24.
January 17 GO Committee Worksession
The Government Operations and Fiscal Policy Committee reviewed the Bill at a
worksession on January 17. Joseph Adler, Angela Washington, and Stuart Weisberg of the
Human Resources Department represented the Executive Branch. Patricia Simon, DORS
Wheaton Office answered questions. Robert Drummer represented the Council staff. The
Committee reviewed the Bill and recommended amending line 80 as follows:
ill}
require [medical] certification of a severe disability based
medical
evide~
Ul2Qll
The Committee also recommended amending lines 6 and 18 to remove the phrase
"special hiring rules." The Committee recommended (3-0) approval of the Bill with these
amendments.
Issues
1.
What certification should be required to determine eligibility for a noncompetitive
appointment under this Bill?
Both the Commission on People with Disabilities and the Commission on Veterans
Affairs suggested amending line 80 of the Bill as follows:
ill}
require medical certification [[om as
it
relates to qualify disability
and a determination that the person is job ready and is likely to
succeed in performing the duties of the positio11,;
2
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Both Commissions suggested that the Maryland Department of Education, Division of
Rehabilitation Services (DORS) would be an appropriate agency to certify eligibility for the
noncompetitive hiring program. DORS requires an applicant for services to provide medical
certification of disability and determines if the applicant has a severe disability and is 'job
ready." DORS also provides assistance in obtaining appropriate employment. A brochure
describing DORS employment services is at ©25-29.
Although DORS would be an appropriate agency to certify eligibility for a person with a
severe disability who needs counseling and training to prepare for employment, a DORS
certification of 'job readiness" may not be necessary for every person with a severe disability.
For example, the hiring supervisor may be able to determine that a person with a law degree who
uses a wheelchair for mobility is 'job ready" by reviewing the person's resume and conducting
an interview without a certification from DORS or a similar vocational rehabilitation agency.
Council staff spoke with Patricia Simon, Supervisor of the DORS Wheaton Office about their
employment services. Ms. Simon stated that DORS routinely provides a person with a
certification letter for the Federal Schedule A Program after reviewing the person's medical
records and resume without providing any other services. DORS does not charge a fee for this
service. Human Resources Director Joseph Adler suggested that the type of required
certification be left for the Executive Regulation adopted to implement this Bill. See ©30-3l.
It
is important to ensure that the noncompetitive hiring program established by this Bill is
limited to those persons who have a severe disability. The Bill, as introduced, requires the
implementing regulations to require medical certification of disability. This general statement
would permit the Executive to develop, by regulation, the actual standards for establishing the
type of medical certification required. Although DORS appears to be able to provide appropriate
certification of eligibility, the Bill should not preclude other methods of showing eligibility that
includes medical certification of a severe disability and evidence of the ability to perform the
essential functions of the position.
Mr.
Adler urged the Committee to remove the term "medical" from line 80 of the Bill
arguing that it implies that the certification must be made by a licensed physician. Mr. Adler
wanted to retain the flexibility to use an agency such as DORS to certify that an applicant had a
disability. The Committee did not want to remove the requirement that a certification of
disability be based upon medical records, but also did not want to require that certification be
made by a licensed physician. The Committee approved an amendment to line 80 that satisfied
Mr.
Adler's concerns without eliminating the need for medical evidence of a severe disability.
The Committee did not approve an amendment to require a determination of 'job readiness"
since the determination of an applicant's qualifications for a position would be made by the
Human Resources Department and the hiring supervisor during the hiring process. Committee
recommendation (3-0): amend line 80 at ©4 as follows:
require [medical] certification of
medical evidence;
~~=
disability based upon
3
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2. Should the term "Special hiring rules" on lines 6 and 17 be changed?
Mr. Adler suggested that the term "special hiring rules" used on lines 6 and 18 is
confusing because these subsections refer to both the preference under a competitive process and
the noncompetitive process that would be established by this Bill. Mr. Adler suggests replacing
this phrase with the more generic phrase, "hiring persons with disabilities." We believe that both
the preference under a competitive process and the noncompetitive appointment process are
special hiring rules for a person with a disability. The generic term "hiring persons with
disabilities" implies that this is the exclusive method of hiring a person with a disability. This is
untrue. A person with a disability is free to secure a merit position through the competitive
process without seeking a preference.
The Committee approved amendments to lines
6
and 18 to avoid the possible confusion
described by Mr. Adler. Committee recommendation (3-0): replace the phrase "special hiring
rules" on lines 6 and 18 of the Bill at ©2.
3. Should the Bill be enacted?
The recently adopted amendment to Section 401 of the County Charter authorized the
Council to enact a law establishing a noncompetitive appointment process for persons with a
severe disability. The Charter amendment does not require the Council to do this. However, the
overwhelming support by the voters for this Charter amendment and the staggering
unemployment rate for persons with a severe disability provides ample support for this Bill. The
OMB Fiscal and Economic Impact Statement indicates that the Bill would not have a significant
cost to the County. See ©12-15. Committee recommendation (3-0): enact the Bill with the
amendments to lines 6, 18, and 80 described above.
This packet contains:
Bill 32-12
Legislative Request Report
EEOC Fact Sheet
Walton Email dated November 7, 2012
Fiscal and Economic Impact Statement
Testimony
Kathy Bridgeman
Jerry Godwin
Cecilia Tomney
Carol Shreve
Susan Ingram
Aaron Kaufman
Amy Lyddane
Letter from
Ann
Barbagallo
DORS Brochure
Joseph Adler Memo
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Bill No.
32-12
Concerning: Personnel - Regulations ­
Persons
with
Disabilities
Noncompetitive Appointment
Revised: January 17, 2013 Draft
No.~
Introduced:
November 13,2012
Expires:
May 13, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
......:..:.No=n..:.::e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Andrews, Council Vice-President Rice, Council President Navarro,
Councilmembers Leventhal, Ervin, Floreen, EIrich, Berliner, and Riemer
AN
ACT to:
(1)
(2)
(3)
establish a program, as authorized by the County Charter, permitting the
noncompetitive appointment of certain qualified persons with severe disabilities who
apply for a County merit position;
require the Executive to adopt regulations permitting the noncompetitive
appointment of certain qualified persons with severe disabilities who apply for a
County merit position; and
generally amend the merit system law concerning hiring persons with disabilities.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-7
Boldface
Underlining
[Single boldface brackets]
.QQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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BILL
32-12
1
2
Sec.
1.
Short Title.
This Act may be cited as the "Expanded Hiring of Persons with Disabilities Act."
Sec. 2. Section 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
3
4
5
6
7
*
disabilities.
(1) Findings.
*
*
(d)
[Hiring preference] [[Special hiring rules for]] Hiring persons with
8
9
(A) Persons with disabilities are a largely untapped resource
for outstanding candidates for County employment.
(B) There are many County residents with severe disabilities,
including Wounded Warriors treated in the County at the
Walter Reed National Military Medical Center.
[(B)]
!iJ
Persons with disabilities suffer from a high
10
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12
13
14
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unemployment and underemployment rate in the County
due in part to unfounded myths, fears and stereotypes
associated with many disabilities.
[(C)] CD)
[A] [[Special hiring]] [preference] Hiring rules for
16
17
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persons with disabilities [is] are necessary to remedy past
discrimination resulting from these unfounded myths,
fears, and stereotypes and to enable the County to be
£!
model employer of qualified persons with severe
disabilities.
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ili1
Special hiring rules for qualified persons with severe
disabilities would permit the County to hire highly
productive interns with severe disabilities into merit
system positions.
-2­
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BILL
32-12
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ill
The
Charter permits the County to operate 2 program
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within the merit system to recruit and select qualified
individuals with severe physical and mental disabilities
on 2 noncompetitive basis.
(2) The Executive must adopt by personnel regulation, under
Method (1), standards for establishing and maintaining [a
preference] special rules for the initial appointment of a
qualified person with a disability into a merit system position.
These standards must:
(A) define a person with a disability eligible for [the]
2
competitive appointment with
2
preference as:
(i)
a person with medical proof of a developmental
disability, a severe physical disability, or a
psychiatric disability; or
(ii) a veteran rated by the Department of Veterans
Affairs with a compensable service-connected
disability of 30 percent or more;
(B) define 2 person with 2 severe disability eligible for
noncompetitive appointment as 2 person with medical
proof of
2
severe developmental, physical, or psychiatric
disability; and
(C)
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require medical certification of a qualifying disability[;L
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Competitive appointment.
W
The regulation must establish and maintain 2 preference
for the initial appointment of
2
qualified person with
2
disability into
2
merit system position under the
following order of preference;
-3­
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BILL
32-12
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(i)
an employee who is unable to perform the
employee's job because of a disability or injury
under the ADA;
(ii)
(iii)
an employee subject to reduction-in-force;
an employee who was granted a temporary
disability
retirement
under
the
Employees
Retirement System or an initial or temporary
disability benefit of any type under the Retirement
Savings Plan or the Guaranteed Retirement Income
Plan but is no longer eligible for such a temporary
disability retirement or benefit;
(iv)
(v)
a veteran with a disability;
an equal preference for a veteran without a
disability and a non- veteran with a disability[;
and] .:.
[(D)]
(ID
The regulation must only apply the preference to a
person who is among the highest rating category in a
nonnal competitive process.
ill
Noncompetitive appointment.
The regulation must establish
and maintain standards for the noncompetitive appointment of
~
qualified person with
~
severe disability to
~
position in the
~
merit system. The standards must:
fA)
pennit the noncompetitive appointment of
person with
position;
~
qualified
severe disability without advertising the
(ID
require [[medical]] certification of a severe disability
based upon medical
-4­
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BILL 32-12
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(!J
apply only to the initial appointment of
~
qualified person
with
~
severe disability to
~
merit system position; and
.em
reqUIre
the
person to
successfully
complete
the
appropriate probationary period for the position.
*
Approved:
*
*
Nancy Navarro, President, COtll1ty Cotll1cil
Date
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Approved:
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Isiah Leggett, COtll1ty Executive
Date
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This is a correct copy ofCouncil action.
93
Linda M. Lauer, Clerk ofthe Cotll1cil
Date
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-5­
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LEGISLATIVE REQUEST REPORT
Bill 32-12
Personne/- Regulations
-
Persons with Disabilities
DESCRIPTION:
Noncompetitive Appointment
Bill 32-12 would require the County Executive to adopt regulations
pennitting the noncompetitive appointment of a qualified person with
a severe developmental, physical, or psychological disability to a
County merit position. The Bill would implement the Council's
authority under a new amendment to Section 401 of the County
Charter.
Persons with a disability suffer from a high rate of unemployment
and underemployment.
To increase opportunities for persons with a disability to secure
County employment.
Human Resources, County Attorney
To be requested.
To
be
requested.
To be requested.
The Bill would create a hiring program similar to the Federal
government's Schedule A program.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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u.
S.
Equal Employment Opporlunity Commission
The
ABCs
of SCHEDULE A
For the Human Resources Professional
How to Hire Using the Schedule A Appointing Authority
TABLE OF CONTENTS
Introd uction
Ea~ow
To SteQs
Frequently: Asked
Questions
Resources
• Recruitment
I
Hiring
• Accommodations
INTRODUCTION
Human Resources
I
Human Capital (HR) professionals know first hand how lengthy and somewhat tedious the
federal hiring process can be. Diligent efforts by HR to assist a 'customer' - whether that customer is a federal
manager with a vacancy or an applicant looking for a position - are not always enough to get things done
quickly. As noted by the Merit Systems Protection Board in its report entitled Reforming Federal Hiring -- Beyond
Faster and Cheaper (September 2006), it takes an average of 102 days to complete all of the steps in the
competitive hiring process, from making the request to making the appointment. No one delights in the prospect
of spending three plus months trying to fill a position. Further, HR professionals know that plenty of promising
candidates are lost because they can not wait months for a hiring decision.
Over the years, the Office of Personnel Management (OPM) has introduced different hiring authorities to assist
in streamlining the hiring process. One such hiring authority is Schedule A. Schedule A is an Excepted Service
appointing authority which may be used to hire individuals with disabilities.
Schedule A hiring can be quick and efficient, as long as all parties know what is required. This quick reference
guide seeks to provide HR professionals with the tools needed to process Schedule A appointments. Using the
Schedule A appointing authority. found at 5 CFR
§
213.3102(u). qualified candidates who meet OPM's
guidelines can be hired non-competitively ­
• without the typical recruitment headaches;
• without posting and publicizing the position; and
• without going through the certificate process.
How? By following the Easy How-To Steps detailed in the next section.
EASY HOW TO STEPS
1. Typically. once a prospective candidate has been identified, HR will be approached by a hiring manager, a
Selective Placement Coordinator (SPC), or a Disability Program Manager (DPM), for help in getting the
candidate on board. The SPC/DPM and hiring manager should have already worked together to identify the
essential functions of the position in question. Doing so ensures that prospective candidates have the
requisite knowledge, skills and abilities to successfully perform in the position. HR professionals should
inquire as to whether this step has occurred. Occasionally HR will initially be approached by an applicant
directly. Prospective employees might, for example, identify a desired position within the agency from a
vacancy announcement. Where this occurs, HR personnel should put the applicant in touch with the DPM
and/or SPC. In either Situation, you, as the HR professional, should verify the determination that the
proposed candidate has the requisite knowledge, skills and abilities to perform the essential functions of the
position in question.
(j)
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2. Next, HR professionals will consult with the manager and/or the SPC/DPM to decide what type of
appointment is to be offered. The types of appointments available under Schedule A include:
a. temporary appointments (Refer to 5 CFR
§
213.104 for the definition and restrictions on temporary
appointments in the excepted service);l
b. time-limited appointments (Refer to 5 CFR
§
213.104 for the definition of time-limited appointment), when
the duties of the position do not require it to be filled on a permanent basis; and
c. permanent appointments.
Although the appointment will be in the excepted service, the intent underlying Schedule A is to permit
individuals with disabilities to obtain competitive status in the civil service. This is obtained through
conversion to the competitive service rather than remaining in the excepted service.
3. Once an appointment type is determined, a conditional offer of employment should be extended to the
candidate. Agencies should make clear that the offer is contingent upon receipt of Schedule A qualifying
documentation from the candidate,
i.e.,
proof of
disability.~
Often, the SPC/DPM will have already collected
this documentation, so as to speed the process along. Importantly, the hiring manager should not be
involved in the disability documentation process, as medical documentation must be kept strictly
confidential.
4. At this point in the process, the SPC/DPM should already be engaged in discussions with the candidate
about possible reasonable accommodations that might be needed on the job. (Further information on the role
of the SPC/DPM is covered in a separate quick-reference guide.) Nonetheless, once an offer has been
accepted, and prior to the entry-on-duty date being finalized, HR should contact the selectee to verify
whether accommodation needs have been addressed. Where the need has not been addressed, you should
follow your agency's approved policy for handling reasonable accommodation requests. Further, you should
work with the SPC/DPM and the new employee's manager, where necessary, to ensure that the
accommodation is in place when the new employee comes on board.
5. In coding the Standard Form 52, Request for Personnel Action, and/or the Standard Form 50, Notification of
Personnel Action, review Chapter 11 of the Guide to Processing Personnel Actions. In most situations, you
will utilize Nature of Action Codes 170, 171, 190, 570, 571, or 590. For additional information, the Guide is
available online at http://www.oprn.gov/feddata/gppa/gppa.asp.
That's ;tf
Seem easy? It is! No more three, six, or nine month wait! And Schedule A is always an option, even when the
competitive process has already begun / been used first. HR professionals are constantly called on to provide
advice and hiring options to managers. So, when a manager is not pleased with the candidates on a certificate
they receive, recommend Schedule A as an alternative option. Provide the hiring manager with resumes,
etc.,
of
Schedule A candidates received from your agency's SPC/DPM or other resource (including those that come in
with other applicants under a current vacancy announcement). When utilized properly, Schedule A offers federal
agencies maximum flexibility and efficiency in meeting critical hiring needs. Moreover, hiring talented applicants
with disabilities helps your agency, and the federal government overall, to meet the requirements of the
Rehabilitation Act to hire and advance people with disabilities.
The Federal Government - Opportunities for All!
FREQUENTLY ASKED QUESTIONS
Q.
What is Schedule A?
A. Schedule A is an appointing authority, or hiring authority. It is an Excepted Service appOintment for persons
with disabilities. The regulations guiding the Excepted Service - AppOintment of Persons with Disabilities,
Career, and Career-Conditional Appointments - are found in the Code of Federal Regulations (CFR). The
citation is 5 CFR
§
213.3102(u).
Q.
Why should agencies consider using this hiring authority?
A. Agencies should use this hiring authority for a number of good reasons:
• Individuals with disabilities are an untapped source of excellent applicants;
• No public notice is required. In fact, many of the usual HR-related stumbling blocks are avoided, which could
result in significantly reducing the time necessary to hire a well-qualified candidate;
• Doing so can support an agency's Career Patterns initiative. Technological advances and growing emphasis
on tele-work may dovetail with the needs of many applicants with disabilities; and
• Agencies don't have to clear 'surplus employee' lists prior to using Schedule A.
Q.
What about accommodations? Aren't they expensive and a hassle?
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A.
No! More often than not, providing accommodations is simple and usually free! Moreover, agencies are not
alone in trying to work through accommodation requests. There are several resources available, some of which
are listed herein - just check the Resources page! And remember, just as we all need assistance at some point
in the work place, accommodations may be needed by an individual with a disability. You want all employees to
be at their best at work, and accommodations playa role in reaching that goal. Providing accommodations does
not have to be a difficult, expensive or time consuming process.
Q.
Is this appointment to a permanent pOSition?
A.
It can be. Agencies may self-determine what type of placement to make, based on the needs of the position,
as well as the qualification level of the candidate. Under the Schedule A appointing authority, a hiring agency
may make a temporary appointment, a time-limited appointment when the duties of the position do not require it
to be filled on a permanent basis, or a permanent appointment. Agencies are strongly encouraged to make
permanent appointments unless there is a compelling reason to do otherwise.
Q.
What about a probationary period?
A.
Depending on the type of appointment, probationary periods typically last up to two years. Schedule A
candidates should be held to the same performance standards as all other employees. Once the employee's
accommodation needs, if any, have been met, then you should expect no more or less from a Schedule A
employee than you would from any other employee. Once the probationary period has been successfully
completed, employees should be converted to permanent competitive status.
RESOURCES
RECRUITMENT
I
HIRING
EARN - The Employer Assistance & Recruiting Network (EARN) is a free service that connects employers
looking for quality employees with skilled job candidates. EARN provides recruiting services, as well as
employer success stories. Moreover, if you need to make the business case for hiring people with disabilities,
EARN can provide you with the information you need! Further information can be found at
http://earnworks.com/.
WRP - The Workforce Recruitment Program (WRP) is a recruitment and referral program that connects federal
sector employers nationwide with highly motivated postsecondary students and recent graduates with disabilities
who are eager to prove their abilities in the workplace through summer or permanent jobs. Students represent
all majors, and range from college freshmen to graduate students and law students. A searchable database is
available through the WRP website. WRP is ready to help you fill your summer or permanent hiring needs!
Further information can be found at
http://v~.
For Veterans with Disabilities - There are numerous organizations and agencies that exist to assist veterans
with disabilities find and maintain employment. The following is a sample of useful resources to keep handy:
• The Department of Labor's (DOL) Veterans Employment
&
Training Service
http://w.lJW.dol.gov/vets/welcome.html
• Hire Heroes http://www,hireheroesus(l,org/
• Wounded Warriors Project http://www,woundedwarriorproject.org
Advocacy Groups - There are several different advocacy groups that also serve as excellent resources for
recruiting and hiring individuals with disabilities. The following is a sampling of those resources:
• American Association of People with Disabilities http://www,aapd-dc.org/
• National Council on Independent Living http://www.nci!.orgL
• Council of State Administrators of Vocational Rehabilitation http://www.rehabnetwork.orgf
• Deaf and Hard of Hearing in Government http://dhhlg,org/
• American Council of the Blind http://www,acb,org!
Federal Resources - There are numerous federal programs designed to meet the needs of people with
disabilities in finding employment. The following is a non-exhaustive list of programs/resources:
• The Office of Personnel Management's "Disability Site" http://www,opm,gov/disabilitv/
• DOL's Office of Disability Employment Policy http://wW.vV.dol.gov/odep/
• Also check out the federal government's one-stop web site for people with disabilities, their families,
employers, veterans and service members, workforce professionals and many others. www.Di§5}bilijylnfo,qov
ACCOMMODATIONS
CAP - Within the federal government there is a wonderful program housed within the Department of Defense.
The Computer/Electronic Accommodations Program (CAP) provides assistive technology and services to people
with disabilities throughout the federal government FREE OF CHARGE! That means you can tap this resource
(j)
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for help in accommodating an employee with a disability. CAP will do the needs assessment, buy the needed
technology, train the employee on how to use it, and follow up with updates. All you have to do is ask! (Note:
Before contacting CAP directly, check with the RAC, as they may already have a relationship with CAP.) Further
information can be found at .t!!.tp:l!www.tricare.mil/caQ/.
JAN
-
The Job Accommodation Network (JAN) represents the most comprehensive resource for job
accommodations available, and is a terrific and easy-to-use resource. This free consulting service is designed to
increase the employability of people with disabilities. JAN provides individualized worksite accommodation
solutions, as well as information on job accommodations and related subjects for employers and people with
disabilities. Additional information can be found at http://www.jan.wvu,edu/.
U.S. Equal Employment Opportunity Commission
1-800-669-4000 / TIY 1-800-669-6820
\Nww.eeoc.gov
Under the new 5 CFR
§
213.3102(u) appointing authority, a hiring agency may, in addition to the temporary
appointments
identified in the question above, make:
1) A time-limited appointment of an individual who provides proof of disability and certification of
job readiness, when the duties of the position do not require it to be filled on a permanent basis.
2) A permanent appointment of an individual who provides proof of disability and certification of
job readiness.
Proof of a disability(ies) is required for appointments under 5 CFR
§
213.3102(u). Proof of disability is the term
used to define any number of documents which attest to the fact that the candidate does indeed have a
disability. The documentation can take many acceptable forms, so agencies should be flexible. Agencies may
accept as proof of disability simple documentation from a licensed medical professional
(e.g.,
a physician or
other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice
medicine); a licensed vocational rehabilitation specialist (I.e., State or private); or any Federal agency, State
agency, or an agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.
Documentation need only certify that the applicant has a disability which is long-term and/or permanent in
nature,
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Drummer, Bob
From:
Sent:
To:
DONNA WALTON [DONNA.WAL TON@EEOC.GOV]
Wednesday, November 07,20125:25 PM
Drummer, Bob
Subject: Re: Schedule A hiring
Mr. Drummer,
Schedule A is a hiring authority. The regulations guiding the Excepted Service Appointment of
Persons with Disabilities and Career and Career Conditional Appointment are found in the Code of
Federal Regulations (CFR). The citation is 5 CFR §213.3102(u). Essentially, once the
probationary period has been successfully completed employees should be converted to permanent
competitive status, and employees should be promoted on their performance and merit, not simply
because they are a Schedule A hire.
I hope this addresses your question.
Dr. Walton
Donna R. Walton, Ed.D
Disability Program Manager
Equal Opportunity Employment
Commission
Office of Human Resources
Room4NW16L
131 M Street, NE Washington, DC 20507
202 663-4339
"Excellence must be the result of caring more than what other people think is wise; risking more
than what other people think is safe; dreaming more than what other people think is practical, but
moreover is expecting more than what other people think is possible."
- V. Lombardi
»> "Drummer, Bob" <Bob.Drummer@montgomerycountymd.gov>
11/7/20124:57
PM »>
Ms. Walton,
Thank you for speaking with me this afternoon. As I explained in our telephone conversation, the Montgomery County
Council is considering legislation that would create a noncompetitive hiring authority for persons with a disability into a
County merit position. I am trying to find out if Schedule A hiring applies only to a person's initial hiring into the Federal
Civil Service or if it is also used to promote a person with a disability who was originally hired under Schedule A into a
higher vacant position later on in his or her career.
Although you told me that you understand Schedule A to be only for initial hiring into the Federal government, you told
me that you would confirm your understanding and get back to me. Thanks again for your assistance.
fiWk'lt:Jl.
~
Senior Legislative Attorney
Montgomery County Council
100 Maryland Ave
Rockville, MD 20850
240-777-7895
@
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OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
County Executive
Jennifer A. Hughes
Director
MEMORANDUM
December 7, 2012
TO:
FROM:
Nancy Navarro, Pre ident COWIty Council
irector, Office of Management and Budget
Jennifer
A.
Hughe
Joseph
F.
Beach, • etor, Department
OfF~
Council Bill 32-12 Personnel- Regulations - Persons
with
Disabilities - Noncompetitive
Appointment
SUBJECT:
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
JAH:elf
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department of Finance
Edgar Gonzales, Department of Transportation
Helen Vallone, Office of Management and Budget
Ayo Apollon, Office of Management and Budget
Office
of
the
Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
240-773-3556 TTY
@
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Fiscal Impact Statement
Council Bill 32-12 Personnel- Regulations":'" Persons with Disabilities - Noncompetitive
Appointment
1.
Legislative Summary.
Bill 32-12 would require the County Executive
to
adopt regulations pennitting the
noncompetitive appointment of a qualified person
with
a severe developmental, physical, or
psychological disability to a County merit position.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This bill was introduced by a unanimous (9-member) Council.
It
gives the County
Executive the responsibility to establish and maintain a process for noncompetitive
appointment (special hiring authority) of persons with disabilities. The estimated costs
are not expected to be significant and will be determined when the process is actually
developed by the County Executive by Executive Regulation.
3. Revenue and expenditure estimates covering at least the next 6 iIscal years.
Not Applicable
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not Applicable
5. Later actions that may affect future revenue and expenditures if the bill authorizes
future spending.
Not Applicable
6. An estimate of the staff time needed to implement the bill.
Not Applicable
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not Applicable
8. An estimate of costs when an additional appropriation is needed.
Not Applicable
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9. A description of any variable that could affect revenue and cost estimates.
Not Applicable
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
Not applicable
13. The following contributed to and concurred with this analysis:
Helen Vallone, Office of Management and Budget
Date
{':liiO
/l~
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Economic Impact Statement
Council Bill 32-12, Personnel - Regulations - Persons with Disabilities - Noncompetitive
Appointment
Background:
Bill 32-12 provides special hiring rules to recruit for merit positions, on a non­
competitive basis, people with severe disabilities.
1. The sources of information, assmnptions, and methodologies used.
This bill has no economic impact. (See #4 below)
2. A description of any variable that could affect economic impact statements.
This bill has no economic impact. (See #4 below)
3. The bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property value in the County.
This bill has no economic impact. (See #4 below)
4. If a bill is likely to have no economic impact, why is that the case?
This bill has no economic impact because it codifies a particular type of hiring rule only
for potential County employees.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
Date
I
I
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COMMISSION ON PEOPLE WITH DISABILITIES
Testimony on Bill 32-12, PersonneI- Regulation- Persons with Disabilities
Non-Competitive Appointment before the Montgomery County Council
December 11, 2012
Good Morning Ms. President and Members of the Council:
My name is Kathy Bridgeman and I am a Commissioner testifying on behalf of the
Commission on People with Disabilities. We want to thank the County Executive and County Council
along with the almost 300,000 voters who supported the Question A Ballot initiative. We are in
support of this bill but have some recommendations for your consideration.
After reviewing the Bill, we would like to address line 79 of the Bill under (4) Non-competitive
Appointment
79
(B) require medical certification of disability;
We recommend that you amend line 79 to state:
(B) require medical certification as it relates to qualify disability and a determination that
the person is job ready and is likely to succeed in performing the duties of the (position
he/she is seeking.)
The Division of Rehabilitation Services (DORS) issues letters for existing clients as well as others
who come in only for purposes of receiving a letter of Certification for Schedule
A.
They require
medical certification as well as a resume and a determination ofjob readiness which will be useful to
the County in ensuring that this non-competitive hiring will benefit only those persons for whom it is
intended. DORS determines that a person has a most significant disability if they have a functional
limitation in 3 or more of the following areas; communication, self-care, self-direction, interpersonal
skills, mobility, work tolerance and work skills.
This Bill was designed to hire persons with documented severe disabilities. Though not
specifically for disabled veterans, this bill will also apply to them under the same certification
standards for non-veterans with a severe disability. We believe that this bill would assist veterans from
Iraq, Afghanistan, and all earlier U.S. military conflicts, who return home with a severe disability or
who acquire a severe disability after completing military service.
Thank you for the opportunity to testify on this issue. This Bill will benefit the County and its
workforce efforts and by doing so will also benefit people with severe documented disabilities,
including disabled veterans, by providing opportunities to work We often hear it said that "we can do
better". This initiative is a good example of "doing better".
Please let us know if you have any questions.
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)
COMMISSION ON VETERANS AFFAIRS
Testimony on Bill 32-12, Personnel- Regulation- Persons
with
Disabilities
Non-Competitive Appointment before
the
Montgomery County Council
December 11, 2012
Good Morning Ms. President and Members of the Council:
My name is Jerry Godwin and I am Vice Chair of the Commission testifying on behalf of the
Commission on Veterans Affairs. We want to thank the County Executive and County Council along
with the almost 300,000 voters who supported the Question A Ballot initiative. The Commission is in
support of this bill and has some recommendations for you to consider.
After reviewing the Bill, we would like to address the line 79 of the bill under (4) Non-competitive
Appointment
79
(B) require medical certification of disability;
We recommend that you amend line 79 to state:
(B) require medical certification as
it
relates to qualify disability and a determination that
the person is job ready and is likely to succeed in performing the duties of the (position
he/she is seeking.)
The Division of Rehabilitation Services (DORS) issues letters for existing clients as well as others
who come in only for purposes of receiving a letter of Certification for Schedule A. They require
medical certification of significant disability as well as a resume and a determination ofjob readiness
which will be useful to the County in ensuring that this non-competitive hiring will be for the persons
it is intended
If the Veterans Administration was also to certify, it would seem more appropriate that ifthis is
intended for those with a "severe" disability then the disability threshold should be more toward 60%
rather than the 30% or more to qualify as a person having a "severe" disability. Ifthe intent is to help
that population then the 60% mark would help do that. DORS does not evaluate on percentages but on
functional limitations.
This bill was designed to hire persons with documented severe disabilities. Though not
specifically for disabled veterans this bill will also apply to us as for all people with severe
documented disabilities if we meet the same certification standards as will be determined in regulation.
This could include veterans from Iraq, Afghanistan, and all earlier U.S. military conflicts, who return
home to Montgomery County or are injured or acquire a severe disability later after military service.
Thank you for the opportunity to testify on this issue that could benefit the County and its
workforce efforts and by doing so it will also benefit people with severe documented disabilities
including disabled veterans by providing opportunities to work. Please let us know if you have any
questions.
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December 11, 2012
I, Cecilia Tomney, Employment Services Specialist, for Columbia Lighthouse for the
Blind, am here today to make a statement supporting a County level, Hiring Program,
which would help to even the playing field for job applicants with severe disabilities. I
have been on both sides of this very serious dilemma for more than 20 years. I am
certified to provide vocational services to persons with disabilities and I currently offer
those services at the Columbia Lighthouse for the Blind in Silver Spring,
Maryland. However, I, myself, have been legally blind since childhood and I have
experienced, first hand, the reaction of employers, not yet educated, when they learn that
ajob applicant or new employee will need to use different techniques or equipment in
order to do the job correctly. At that moment during the job interview, it is more
common than not for the interview to take on a very different tone. When competing
with job applicants who do not have an obvious disability, the interview will commonly
not result in a job offer, despite the higher education and technical skills that our job
candidates bring to the table. This uneven playing field has not changed to any
significant degree since 1991, with the passing of the American with Disabilities Act and
its mandates to base hiring practices onjob qualifications alone. Before the passing of
the ADA, and even now, 21 years later, the unemployment rate among people who are
blind remains at 70%.
To compound this long standing problem, our job seekers are now facing barriers to
employment as early as the job application phase. In spite of the advanced computer
skills of our job candidates, many employers have websites and online applications that
are not accessible to the adaptive software used by blind applicants. The barriers to
employment appear early in the process and continue on after that, but not for those who
are lucky enough to conduct their job search without the disadvantage of a disability.
Proposing a new amendment to Section 401 of the County Charter comes as very
encouraging news to job seekers with blindness or other severe disabilities. Ifpassed, it
would replace a lifelong disadvantage with a long awaited opportunity to pursue a
desirable County job without the added burden of competing with those who happen to
be more physically fortunate.
Cecilia Tomney,
M.A.,
CRC
Employment Services Specialist
Columbia Lighthouse for the Blind
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Support for Bill 32-12 with Reference to "Special Hiring Rules'"
Submitted by:
Carol Shreve, Director of Development,
UNITED
I am pleased to speak to you today in support of Bill 32-12, which will expand employment
opportunities for people with disabilities. This Bill requires the County Executive to adopt
regulations permitting the noncompetitive appointment of a qualified person with a severe
developmental, physical, or psychological disability to a County merit position.
The voters recently approved an amendment to adopt regulations permitting the
noncompetitive appointment of a qualified person with a severe developmental, phYSical, or
psychological disability. This Bill would implement the Council's authority under this new
amendment.
St. Luke's House-Threshold Services UNITED has a nationally known vocational rehabilitation
program for people recovering from mental illness to choose, find, and keep a job. We support
the self-determination of individuals with mental illness to live and work in their communities.
Through a program of pre-placement counseling, placement assistance, and on the job
coaching, our continuum of care serves both adolescents and adults. We are very proud of our
78% employment record.
Through similar accommodations and programs reflected in Bi" 32-12, a number of our clients
have been given a chance to prove their worth as employees, taxpayers, voters, and human
beings. Many consumers in our supported employment program are working. In the last fiscal
year, they earned more than $2.5 million in wages, thereby contributing to the tax base and
their communities.
On behalf of the now more than 2400 consumers served annually by St. Luke's House­
Threshold Services UNITED for serious and persistent psychiatric disorders, we respectfully
support Bill 32-12, which would allow individuals with mental illnesses to benefit from the
larger issue of employment of persons with disabilities.
st.
Luke's House-Threshold Services
St. Luke's House-Threshold Services UNITED jOins with the Commission for
People with Disabilities, the Commission for Veteran Affairs, and others who
seek inclusion for all Montgomery County residents by strongly advocating that
Bill 32-12 go forward to amend the merit system law concerning hiring persons
with disabilities.
# # #
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Testimony on Bill 32-12, December 11, 2012
Susan Ingram, Executive Director of Community Support Services
Bill 32-12 opens a door to employment of qualified individuals with severe disabilities in
Montgomery County government. While many advocates have worked on this issue
over the years, County Executive Ike Leggett and Council Member Phil Andrews
systematically took the steps necessary to make the changes necessary to set the
stage for this bill. The disability community and the citizens of Montgomery County
applaud this effort, support the process, and look forward to the ultimate outcome of
increased employment of persons with severe disabilities in county government.
With the passage of this bill, Montgomery County is poised to become a model
employer. Qualified persons with disabilities, when employed, will enhance the diversity
and strength of the county work force. Individuals with disabilities have proven that they
have the desire to work, the ability to work, and will now have more opportunities to
work within county government.
Challenges remain in this process of achieving employment outcomes. Bill 32-12 opens
the door, and we still need to walk through it. Positions within county government may
need to be structured to match skills of potential employees. Agencies that provide job
coaching support will need to work closely with individuals and their county supervisors.
We will all need to work on the issues that resulted in a failure to hire persons with
disabilities in the past. We know that myths, misunderstandings and discrimination do
not die easily, and we are ready for these new challenges.
I hope that the county Executive and the Council will continue to monitor and assist with
the next set of challenges so that we will benefit from real changes in employment of
persons with disabilities as a direct result of bill 32-12.
®
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7
Testimony in favor of bill 32-12
Aaron Kaufman
December 11 2012
Madam President,
Mr.
Vice President, Members of the Council:
Good Morning
First, I want to thank all of you for sponsoring the legislation and thank Councilmembers
Andrews and Rice for their leadership on this issue. I also want to thank the voters of
Montgomery County for overwhelmingly approving question
A.
The Charter
Amendment was and is badly needed.
People with disabilities are far more severely affected by poverty than the general
population. The unemployment rate is extremely high for people with disabilities
although the exact number depends on the source you look at. According to Disability
Funders Network, the unemployment rate for people with disabilities is an astounding
65%.They also report that people with disabilities are twice as likely as people without
disabilities to have an annual income of$15,000 or less.
ill
One of the reasons I am so excited about Question A passing is that it wil1lift many
people with disabilities out of poverty and thus permit them to be contributing taxpayers.
It
is also extremely likely that with this newfound income, County residents are less
likely to need to rely on assistance from the County government. In my new job as the
instructor for Project Search ( a collaborative internship program between the Ivymount
School, SEEC and the County government) I can already see what a profound difference
the Charter amendment and the legislation before you will make both for my interns
and for the County government. My interns have already made substantial contributions
@
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to the County and they exemplifY why this bill should pass. I want to close today with
one of my favorite quotes, by Vice President Humphrey:
"It
was once said that the moral test of government is how that government treats those
who are in the dawn of life, the children; those who are in the twilight of life, the elderly;
and those who are in the shadows of life, the sick, the needy and the handicapped. "
ill
http://\vww.disabi]ityfunders.org/disability~stats~and-facts
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Council Bill 32-12
December 11, 2012
Madam President, Mr. Vice President, and Members ofthe Council, Thank - you for
allowing me to testify. I would also like to thank County Executive Leggett
&
members
of the County Council for their hard work in getting the Question A charter amendment
on the ballot.
Hello and good morning. My name is Amy Lyddane and I am an intern in Project Search
Montgomery. I am going to tell you about my experience interning for the county. I
help my supervisor, Mary Ann Dolan with certain tasks that I have been trained to do.
Everyday I go to work from 8:30-2:45. For my
fust
rotation, I have been working in the
Treasury Division of the Finance Department. At my internship, I search accounts to
ensure that tax payers are following rules associated with the Homestead tax credit. I
have helped the Department identify over $240,000 in incorrectly coded revenue. I am
starting to learn exciting new tasks within the Finance Department. I'd love to work for
the Montgomery County Government. This Bill would make that happen. If I get ajob
with the county I will be able to move out of my parent's house. Thank you. I will answer
any questions.
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24037 Glade Valley Terrace
Damascus, MD 20872
December 10, 2012
Mr. Phil Andrews
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Dear Councilman Phil Andrews:
I want to express my sincere appreciation to you for your support of Bi1I32-12, Personnel- Regulations
- Persons with Disabilities - Noncompetitive Appointment. I firmly believe that everyone should have
the opportunity to take their place as a responsible, productive member of society. Unfortunately in
this very constricted job market, individuals with disabilities are often unable to successfully compete
for the scarce jobs that are available. Allowing qualified, disabled individuals to secure jobs on a
noncompetitive basis will afford disabled individuals the opportunity to use their skills and abilities to
provide a useful public service while supporting themselves and their families.
I am
also
hopeful that there will be sufficient jobs available under this program so that more than just a
handful of individuals may participate and that information about these jobs will be readily
available
to
the public. To insure success both to the County and to the disabled individuals, it will be critical that
the relevant supervisors are willing to provide the additional support and training to these new hires.
Since many of the disabled individuals may have limited experience with work, providing mentors or
case managers will be critical. The mentors can help them: plan and/or secure ancillary services such as
transportation or child care; set up a budget; and know where to turn when an unexpected obstacle
arises.
Again, I am very appreciative of your support for this endeavor. I would have attended the hearing
tomorrow, but a family member is having surgery. I
will
be following this Bill closely.
Sincerely,
~#~..Lt-
Ann H. Barbagallo
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Maryland State Department of Education
Division of Rehabilitation Services
Opening Doors to Employment
www.dors.state.md.us
The Public Rehabilitation Program
The Maryland Division of Rehabilitation Services (DORS) has
programs and services that help people with significant
disabilities go to work in careers of their choice.
If eligible, you will work with a DORS counselor to choose from
programs and services such as:
• Career decision making, counseling and referral
• Rehabilitation Technology Services
• Employment training
• Job search, placement and job-keeping services
• Supported employment/job coaching
DORS places a high priority on providing services to high
school students with disabilities who are making the transition
from school to employment, higher education or vocational
training.
STEP 1
You may complete an online referral at www.dors.state.md.us
or contact the DORS office nearest your home.
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STEP 2
You will work with a OORS counselor who will describe the
application process and then determine if you are eligible for
services. If so, you and the counselor will work together so you
can prepare for employment.
You may be eligible if you have a physical or mental condition
that seriously affects your ability to get or keep a job.
OORS collects educational, medical and psychological reports
to better understand your strengths. If more information is
needed, the counselor will arrange special assessments. All
records are kept in a confidential manner, consistent with state
and federal law.
STEP 3
You will develop an Individualized Plan for Employment (IPE)
that lists the steps needed to reach your goal. The IPE also
states who pays for services and when you expect to go to
work. The rehabilitation counselor is trained to provide local job
market information and to assist you in making informed
choices.
STEP 4
You will take part in the services outlined in the IPE. During
this time, your DORS counselor will stay in touch with you.
Once you are working, the DORS counselor will follow-up for
90 days and discuss closing your record. If you need services
again in the future, you may reapply.
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You Should Know
• DORS will work to provide personalized services that
match your interests, abilities and goals. You may
choose to have a family member or other advocate
involved in your rehabilitation program.
• Services are provided based on the availability of
funds and must be pre-authorized by a DORS official.
• Supplemental Security Income (SSI) and Social
Security Disability Insurance (SSDI) recipients are
presumed eligible for services.
• Individuals with the most severe disabilities are
served on a priority basis. Eligible individuals wiith
disabilities may be placed on a waiting list for
services.
• Depending on your income, you may be required to
pay toward the cost of some goods and services.
• You have the right to appeal DORS decisions about
eligibility and your rehabilitation program. The
rehabilitation counselor will tell you about the appeal
process. The Client Assistance Program (CAP) is
available to help solve problems.
The Division of Rehabilitation Services (DORS) provides
personalized support and employment services so individuals
with disabilities can plan a path to a successful career.
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®
27
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Programs are offered through the Office of Field Services, as
well as the Office for Blindness
&
Vision Services (OBVS).
OORS field offices are located in communities throughout the
state. There are also OORS counselors who work in most
Maryland One-Stop Career Centers.
OBVS also provides:
• Independent living services to individuals aged 55 and
older who have vision loss or blindness.
• Management of the Maryland Business Enterprise
Program for the Blind, which provides training and
supports for legally blind individuals to operate retail
concessions on federal and state property.
OORS also operates the Workforce
&
Technology Center, a
comprehensive rehabilitation facility located in northeast
Baltimore.
What people have said about OORS After Becoming
Employed:
• "There was a time when I couldn't see the future.
OORS changed that for me,"
• "I found OORS just when I needed someone to
believe in me,"
• "Thanks to OORS, I'm standing on my own,"
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• "DORS can make someone better than they think
they are. They did that for me. I would not be where I
am today if DORS had not entered my life."
NOTICE OF NON DISCRIMINATION
The Division of Rehabilitation Services does not discriminate
on the basis of race, color, sex, age, national origin, religion or
disability in matters affecting employment or in providing
access to programs. DORS is a state agency that operates in
accordance with the federal Rehabilitation Act.
To find the nearest office or to obtain an alternate format of this
brochure, call 410-554-9442, 1-888-554-0334 or TTY 410-554­
9411. e-mail dors@dors.state.md.us
Division of Rehabilitation Services
Maryland State Department of Education
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OFFlCE OF HUMAN RESOURCES
Isiah Leggett
County Executive
Joseph Adler
Director
MEMORANDUM
January 17,2013
TO:
Nancy Navarro, Chair
Government Operations
&
Fiscal Policy Committee
Joseph Adler, Director
Office of Human Resources
Statement for Government Operations Committee Hearing on Bill 32-12,
Perso.nnel- Regulations Persons with Disabilities - Noncompetitive
Appointment
FROM:
SUBJECT:
Good afternoon Council Members. I am Joseph Adler, Director of the Office of
Human Resources, and it is a pleasure for me to appear at this committee meeting to share with
you County Executive Isiah Leggett's perspective on Bill 32-12, including recommended
amendments. This bill would direct the County Executive to establish by regulation a program for
the non-competitive appointment of qualified persons with severe developmental, physical, or
psychological disabilities to County merit positions, as authorized by the County Charter
Initially, I want to reiterate the County Executive Leggett's strong endorsement of
Bill 32-12. The Executive is ardently committed to increasing employment opportunities with the
County for persons with disabilities. We welcome this opportunity and challenge of developing
personnel regulations to implement this new special hiring authority for the non-competitive
appointment of persons with severe disabilities to County merit positions.
There are several issues that need to be explored in establishing a special hiring
program. This includes whether to require medical proof or certification of an individual's severe
developmental, physical, or psychiatric disability from a licensed physician (as the Federal Office
of Personnel Management requires of applicants under its special hiring authority) or by a letter of
certification from the Mary land Department of Education Division of Rehabilitative Services
(DORS) or an equivalent out-of-state vocational rehabilitation agency (as the County currently
require of applicants with disabilities seeking priority consideration for initial appointment to a
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Memo from Joe Adler to Council
January
to,
2013
Page2of2
County merit system position), or perhaps some combination of the two. In other words, what is
the best way to insure that this special hiring program benefits only those for whom it is intended?
In our view, such matters are better dealt with through the notice and comment
provisions of the regulatory process than in the enabling bill. To many, the term "medical
certification" as used in Bill 35-12 connotes a letter from a licensed physician. Therefore, we
recommend amending Bill 32-12 to delete the word "medical" (in lines 38, 45, 48 and 79) so that
we have flexibility in determining whether certification of disability should be by a doctor's note
or by a state vocational rehabilitation agency such as DORS, or some combination.
It
should be noted that this program for the non-competitive appointment of
qualified persons with severe disabilities is not a substitute or replacement for the current
program of hiring preference for persons with disabilities who apply for initial appointment to
County merit positions in a normal competitive process and are among the highest rating category.
In lines 6 and 17 of Bill 32-12, the term "hiring preference" is changed to "special hiring rules."
This causes some confusion since "hiring preference" refers to competitive appointments while
"special hiring rules" deals with non-competitive appointments. Accordingly, we recommend
amending lines 6 and 17 to use a more generic, umbrella term that encompasses both such as
"Hiring Persons with Disabilities."
Thank you and I will be pleased to answer any questions you may have.
cc: Bob Drummer, County Council
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Agenda Item 8D
February 5, 2013
Action
MEMORANDUM
February 1,2013
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
Action:
Bill 32-12, Personnel
Noncompetitive Appointment
Regulations
C\
'Vf:..J
I
Persons with Disabilities­
Government Operations and Fiscal Policy Committee recommendation (3-0): approve Bill
with amendments.
Bill 32-12, Personnel - Regulations - Persons with Disabilities - Noncompetitive
Appointment, sponsored by Councilmember Andrews, Council Vice-President Rice, Council
President Navarro, Councilmembers Leventhal, Ervin, Floreen, EIrich, Berliner, and Riemer,
was introduced on November 13,2012. A public hearing was held on December
11,2012
and a
Government Operations and Fiscal Policy (GO) Committee worksession was held on January 17.
Background
Bill 32-12 would require the County Executive to adopt regulations permitting the
noncompetitive appointment of a qualified person with a severe developmental, physical, or
psychological disability to a County merit position. On November 6, 2012, the voters approved
an amendment to Section 401 of the County Charter to allow the County to operate a program
within the merit system to recruit and select qualified individuals with severe physical and
mental disabilities on a noncompetitive basis. This Bill would implement the Council's authority
under this new amendment to Section 401 of the County Charter.
The Bill would authorize a program that is similar to the noncompetitive appointment of
a person with a disability to a merit position in the Federal Civil Service under Schedule A.
Under Schedule A, a Federal agency may hire a qualified person with a disability directly
without advertising the position and without competition. Although the person would be hired in
the excepted service, the person may be converted to permanent competitive status after
successfully completing the probationary period.
An
EEOC fact sheet on Schedule A for Human
Resources professionals is at ©7-1O. Schedule A hiring is for the initial appointment to a
Federal position. Once the person is hired, the person is expected to meet the same standards as
other Federal employees and must compete for promotions on his or her performance and merit.
See the email from Donna R. Walton, Ed.D, Disability Program Manager for the EEOC at © 11.
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Bill 46-09, enacted on February 2, 20 lO, created a preference for a qualified person with
a disability who applies for a County merit position under the normal competitive process. Bill
46-09 was enacted to help reduce the high unemployment and underemployment rate for persons
with a disability in the County. Bill 32-12 would create additional opportunities for a person
with a severe disability to secure an initial appointment to County employment through a
noncompetitive process.
Public Hearing
All 8 speakers at the public hearing supported the Bill, including Human Resources
Director Joseph Adler, testifying on behalf of the Executive. Kathy Bridgeman on behalf of the
Commission on People with Disabilities
16) and Jerry Godwin on behalf of the Commission
on Veterans Affairs (©17) each supported the Bill, but suggested the same amendment. Cecilia
Tomney, representing the Columbia Lighthouse for the Blind (©18), Carol Shreve, representing
S1. Luke's House-Threshold Services (©19), Susan Ingram, representing Community Support
Services (©20), Aaron Kaufman (©21-22), and Amy Lyddane (©23) each supported the Bill as a
much needed step forward for persons with disabilities. The Council also received letters
supporting the Bill. See the letter from Ann Barbagallo at ©24.
January 17 GO Committee Worksession
The Government Operations and Fiscal Policy Committee reviewed the Bill at a
worksession on January 17. Joseph Adler, Angela Washington, and Stuart Weisberg of the
Human Resources Department represented the Executive Branch. Patricia Simon, DORS
Wheaton Office answered questions. Robert Drummer represented the Council staff. The
Committee reviewed the Bill and recommended amending line 80 as follows:
ill}
require [medical] certification of a severe disability based
medical
evide~
Ul2Qll
The Committee also recommended amending lines 6 and 18 to remove the phrase
"special hiring rules." The Committee recommended (3-0) approval of the Bill with these
amendments.
Issues
1.
What certification should be required to determine eligibility for a noncompetitive
appointment under this Bill?
Both the Commission on People with Disabilities and the Commission on Veterans
Affairs suggested amending line 80 of the Bill as follows:
ill}
require medical certification [[om as
it
relates to qualify disability
and a determination that the person is job ready and is likely to
succeed in performing the duties of the positio11,;
2
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Both Commissions suggested that the Maryland Department of Education, Division of
Rehabilitation Services (DORS) would be an appropriate agency to certify eligibility for the
noncompetitive hiring program. DORS requires an applicant for services to provide medical
certification of disability and determines if the applicant has a severe disability and is 'job
ready." DORS also provides assistance in obtaining appropriate employment. A brochure
describing DORS employment services is at ©25-29.
Although DORS would be an appropriate agency to certify eligibility for a person with a
severe disability who needs counseling and training to prepare for employment, a DORS
certification of 'job readiness" may not be necessary for every person with a severe disability.
For example, the hiring supervisor may be able to determine that a person with a law degree who
uses a wheelchair for mobility is 'job ready" by reviewing the person's resume and conducting
an interview without a certification from DORS or a similar vocational rehabilitation agency.
Council staff spoke with Patricia Simon, Supervisor of the DORS Wheaton Office about their
employment services. Ms. Simon stated that DORS routinely provides a person with a
certification letter for the Federal Schedule A Program after reviewing the person's medical
records and resume without providing any other services. DORS does not charge a fee for this
service. Human Resources Director Joseph Adler suggested that the type of required
certification be left for the Executive Regulation adopted to implement this Bill. See ©30-3l.
It
is important to ensure that the noncompetitive hiring program established by this Bill is
limited to those persons who have a severe disability. The Bill, as introduced, requires the
implementing regulations to require medical certification of disability. This general statement
would permit the Executive to develop, by regulation, the actual standards for establishing the
type of medical certification required. Although DORS appears to be able to provide appropriate
certification of eligibility, the Bill should not preclude other methods of showing eligibility that
includes medical certification of a severe disability and evidence of the ability to perform the
essential functions of the position.
Mr.
Adler urged the Committee to remove the term "medical" from line 80 of the Bill
arguing that it implies that the certification must be made by a licensed physician. Mr. Adler
wanted to retain the flexibility to use an agency such as DORS to certify that an applicant had a
disability. The Committee did not want to remove the requirement that a certification of
disability be based upon medical records, but also did not want to require that certification be
made by a licensed physician. The Committee approved an amendment to line 80 that satisfied
Mr.
Adler's concerns without eliminating the need for medical evidence of a severe disability.
The Committee did not approve an amendment to require a determination of 'job readiness"
since the determination of an applicant's qualifications for a position would be made by the
Human Resources Department and the hiring supervisor during the hiring process. Committee
recommendation (3-0): amend line 80 at ©4 as follows:
require [medical] certification of
medical evidence;
~~=
disability based upon
3
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2. Should the term "Special hiring rules" on lines 6 and 17 be changed?
Mr. Adler suggested that the term "special hiring rules" used on lines 6 and 18 is
confusing because these subsections refer to both the preference under a competitive process and
the noncompetitive process that would be established by this Bill. Mr. Adler suggests replacing
this phrase with the more generic phrase, "hiring persons with disabilities." We believe that both
the preference under a competitive process and the noncompetitive appointment process are
special hiring rules for a person with a disability. The generic term "hiring persons with
disabilities" implies that this is the exclusive method of hiring a person with a disability. This is
untrue. A person with a disability is free to secure a merit position through the competitive
process without seeking a preference.
The Committee approved amendments to lines
6
and 18 to avoid the possible confusion
described by Mr. Adler. Committee recommendation (3-0): replace the phrase "special hiring
rules" on lines 6 and 18 of the Bill at ©2.
3. Should the Bill be enacted?
The recently adopted amendment to Section 401 of the County Charter authorized the
Council to enact a law establishing a noncompetitive appointment process for persons with a
severe disability. The Charter amendment does not require the Council to do this. However, the
overwhelming support by the voters for this Charter amendment and the staggering
unemployment rate for persons with a severe disability provides ample support for this Bill. The
OMB Fiscal and Economic Impact Statement indicates that the Bill would not have a significant
cost to the County. See ©12-15. Committee recommendation (3-0): enact the Bill with the
amendments to lines 6, 18, and 80 described above.
This packet contains:
Bill 32-12
Legislative Request Report
EEOC Fact Sheet
Walton Email dated November 7, 2012
Fiscal and Economic Impact Statement
Testimony
Kathy Bridgeman
Jerry Godwin
Cecilia Tomney
Carol Shreve
Susan Ingram
Aaron Kaufman
Amy Lyddane
Letter from
Ann
Barbagallo
DORS Brochure
Joseph Adler Memo
F:\LAW\B1LLS\1232 Personnel-Regulations-Persons With Disabilities\Action Memo. Doc
Circle #
1
6
7
11
12
16
17
18
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21
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25
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Bill No.
32-12
Concerning: Personnel - Regulations ­
Persons
with
Disabilities
Noncompetitive Appointment
Revised: January 17, 2013 Draft
No.~
Introduced:
November 13,2012
Expires:
May 13, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
......:..:.No=n..:.::e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Andrews, Council Vice-President Rice, Council President Navarro,
Councilmembers Leventhal, Ervin, Floreen, EIrich, Berliner, and Riemer
AN
ACT to:
(1)
(2)
(3)
establish a program, as authorized by the County Charter, permitting the
noncompetitive appointment of certain qualified persons with severe disabilities who
apply for a County merit position;
require the Executive to adopt regulations permitting the noncompetitive
appointment of certain qualified persons with severe disabilities who apply for a
County merit position; and
generally amend the merit system law concerning hiring persons with disabilities.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-7
Boldface
Underlining
[Single boldface brackets]
.QQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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BILL
32-12
1
2
Sec.
1.
Short Title.
This Act may be cited as the "Expanded Hiring of Persons with Disabilities Act."
Sec. 2. Section 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
3
4
5
6
7
*
disabilities.
(1) Findings.
*
*
(d)
[Hiring preference] [[Special hiring rules for]] Hiring persons with
8
9
(A) Persons with disabilities are a largely untapped resource
for outstanding candidates for County employment.
(B) There are many County residents with severe disabilities,
including Wounded Warriors treated in the County at the
Walter Reed National Military Medical Center.
[(B)]
!iJ
Persons with disabilities suffer from a high
10
11
12
13
14
15
unemployment and underemployment rate in the County
due in part to unfounded myths, fears and stereotypes
associated with many disabilities.
[(C)] CD)
[A] [[Special hiring]] [preference] Hiring rules for
16
17
18
19
persons with disabilities [is] are necessary to remedy past
discrimination resulting from these unfounded myths,
fears, and stereotypes and to enable the County to be
£!
model employer of qualified persons with severe
disabilities.
20
21
22
23
24
25
ili1
Special hiring rules for qualified persons with severe
disabilities would permit the County to hire highly
productive interns with severe disabilities into merit
system positions.
-2­
F:\LAw\BILLS\1232 Personnel-Regulations-Persons With Disabilities\Bi1I6.Doc
26
27
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BILL
32-12
28
ill
The
Charter permits the County to operate 2 program
29
30
within the merit system to recruit and select qualified
individuals with severe physical and mental disabilities
on 2 noncompetitive basis.
(2) The Executive must adopt by personnel regulation, under
Method (1), standards for establishing and maintaining [a
preference] special rules for the initial appointment of a
qualified person with a disability into a merit system position.
These standards must:
(A) define a person with a disability eligible for [the]
2
competitive appointment with
2
preference as:
(i)
a person with medical proof of a developmental
disability, a severe physical disability, or a
psychiatric disability; or
(ii) a veteran rated by the Department of Veterans
Affairs with a compensable service-connected
disability of 30 percent or more;
(B) define 2 person with 2 severe disability eligible for
noncompetitive appointment as 2 person with medical
proof of
2
severe developmental, physical, or psychiatric
disability; and
(C)
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
require medical certification of a qualifying disability[;L
50
51
52
53
ill
Competitive appointment.
W
The regulation must establish and maintain 2 preference
for the initial appointment of
2
qualified person with
2
disability into
2
merit system position under the
following order of preference;
-3­
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54
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BILL
32-12
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
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77
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79
80
81
(i)
an employee who is unable to perform the
employee's job because of a disability or injury
under the ADA;
(ii)
(iii)
an employee subject to reduction-in-force;
an employee who was granted a temporary
disability
retirement
under
the
Employees
Retirement System or an initial or temporary
disability benefit of any type under the Retirement
Savings Plan or the Guaranteed Retirement Income
Plan but is no longer eligible for such a temporary
disability retirement or benefit;
(iv)
(v)
a veteran with a disability;
an equal preference for a veteran without a
disability and a non- veteran with a disability[;
and] .:.
[(D)]
(ID
The regulation must only apply the preference to a
person who is among the highest rating category in a
nonnal competitive process.
ill
Noncompetitive appointment.
The regulation must establish
and maintain standards for the noncompetitive appointment of
~
qualified person with
~
severe disability to
~
position in the
~
merit system. The standards must:
fA)
pennit the noncompetitive appointment of
person with
position;
~
qualified
severe disability without advertising the
(ID
require [[medical]] certification of a severe disability
based upon medical
-4­
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evidence~
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BILL 32-12
82
83
84
85
86
87
88
89
(!J
apply only to the initial appointment of
~
qualified person
with
~
severe disability to
~
merit system position; and
.em
reqUIre
the
person to
successfully
complete
the
appropriate probationary period for the position.
*
Approved:
*
*
Nancy Navarro, President, COtll1ty Cotll1cil
Date
90
Approved:
91
Isiah Leggett, COtll1ty Executive
Date
92
This is a correct copy ofCouncil action.
93
Linda M. Lauer, Clerk ofthe Cotll1cil
Date
94
-5­
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LEGISLATIVE REQUEST REPORT
Bill 32-12
Personne/- Regulations
-
Persons with Disabilities
DESCRIPTION:
Noncompetitive Appointment
Bill 32-12 would require the County Executive to adopt regulations
pennitting the noncompetitive appointment of a qualified person with
a severe developmental, physical, or psychological disability to a
County merit position. The Bill would implement the Council's
authority under a new amendment to Section 401 of the County
Charter.
Persons with a disability suffer from a high rate of unemployment
and underemployment.
To increase opportunities for persons with a disability to secure
County employment.
Human Resources, County Attorney
To be requested.
To
be
requested.
To be requested.
The Bill would create a hiring program similar to the Federal
government's Schedule A program.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
f:\law\bills\1232 personnel-regulations-persons with disabilities\lrr.doc
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u.
S.
Equal Employment Opporlunity Commission
The
ABCs
of SCHEDULE A
For the Human Resources Professional
How to Hire Using the Schedule A Appointing Authority
TABLE OF CONTENTS
Introd uction
Ea~ow
To SteQs
Frequently: Asked
Questions
Resources
• Recruitment
I
Hiring
• Accommodations
INTRODUCTION
Human Resources
I
Human Capital (HR) professionals know first hand how lengthy and somewhat tedious the
federal hiring process can be. Diligent efforts by HR to assist a 'customer' - whether that customer is a federal
manager with a vacancy or an applicant looking for a position - are not always enough to get things done
quickly. As noted by the Merit Systems Protection Board in its report entitled Reforming Federal Hiring -- Beyond
Faster and Cheaper (September 2006), it takes an average of 102 days to complete all of the steps in the
competitive hiring process, from making the request to making the appointment. No one delights in the prospect
of spending three plus months trying to fill a position. Further, HR professionals know that plenty of promising
candidates are lost because they can not wait months for a hiring decision.
Over the years, the Office of Personnel Management (OPM) has introduced different hiring authorities to assist
in streamlining the hiring process. One such hiring authority is Schedule A. Schedule A is an Excepted Service
appointing authority which may be used to hire individuals with disabilities.
Schedule A hiring can be quick and efficient, as long as all parties know what is required. This quick reference
guide seeks to provide HR professionals with the tools needed to process Schedule A appointments. Using the
Schedule A appointing authority. found at 5 CFR
§
213.3102(u). qualified candidates who meet OPM's
guidelines can be hired non-competitively ­
• without the typical recruitment headaches;
• without posting and publicizing the position; and
• without going through the certificate process.
How? By following the Easy How-To Steps detailed in the next section.
EASY HOW TO STEPS
1. Typically. once a prospective candidate has been identified, HR will be approached by a hiring manager, a
Selective Placement Coordinator (SPC), or a Disability Program Manager (DPM), for help in getting the
candidate on board. The SPC/DPM and hiring manager should have already worked together to identify the
essential functions of the position in question. Doing so ensures that prospective candidates have the
requisite knowledge, skills and abilities to successfully perform in the position. HR professionals should
inquire as to whether this step has occurred. Occasionally HR will initially be approached by an applicant
directly. Prospective employees might, for example, identify a desired position within the agency from a
vacancy announcement. Where this occurs, HR personnel should put the applicant in touch with the DPM
and/or SPC. In either Situation, you, as the HR professional, should verify the determination that the
proposed candidate has the requisite knowledge, skills and abilities to perform the essential functions of the
position in question.
(j)
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2. Next, HR professionals will consult with the manager and/or the SPC/DPM to decide what type of
appointment is to be offered. The types of appointments available under Schedule A include:
a. temporary appointments (Refer to 5 CFR
§
213.104 for the definition and restrictions on temporary
appointments in the excepted service);l
b. time-limited appointments (Refer to 5 CFR
§
213.104 for the definition of time-limited appointment), when
the duties of the position do not require it to be filled on a permanent basis; and
c. permanent appointments.
Although the appointment will be in the excepted service, the intent underlying Schedule A is to permit
individuals with disabilities to obtain competitive status in the civil service. This is obtained through
conversion to the competitive service rather than remaining in the excepted service.
3. Once an appointment type is determined, a conditional offer of employment should be extended to the
candidate. Agencies should make clear that the offer is contingent upon receipt of Schedule A qualifying
documentation from the candidate,
i.e.,
proof of
disability.~
Often, the SPC/DPM will have already collected
this documentation, so as to speed the process along. Importantly, the hiring manager should not be
involved in the disability documentation process, as medical documentation must be kept strictly
confidential.
4. At this point in the process, the SPC/DPM should already be engaged in discussions with the candidate
about possible reasonable accommodations that might be needed on the job. (Further information on the role
of the SPC/DPM is covered in a separate quick-reference guide.) Nonetheless, once an offer has been
accepted, and prior to the entry-on-duty date being finalized, HR should contact the selectee to verify
whether accommodation needs have been addressed. Where the need has not been addressed, you should
follow your agency's approved policy for handling reasonable accommodation requests. Further, you should
work with the SPC/DPM and the new employee's manager, where necessary, to ensure that the
accommodation is in place when the new employee comes on board.
5. In coding the Standard Form 52, Request for Personnel Action, and/or the Standard Form 50, Notification of
Personnel Action, review Chapter 11 of the Guide to Processing Personnel Actions. In most situations, you
will utilize Nature of Action Codes 170, 171, 190, 570, 571, or 590. For additional information, the Guide is
available online at http://www.oprn.gov/feddata/gppa/gppa.asp.
That's ;tf
Seem easy? It is! No more three, six, or nine month wait! And Schedule A is always an option, even when the
competitive process has already begun / been used first. HR professionals are constantly called on to provide
advice and hiring options to managers. So, when a manager is not pleased with the candidates on a certificate
they receive, recommend Schedule A as an alternative option. Provide the hiring manager with resumes,
etc.,
of
Schedule A candidates received from your agency's SPC/DPM or other resource (including those that come in
with other applicants under a current vacancy announcement). When utilized properly, Schedule A offers federal
agencies maximum flexibility and efficiency in meeting critical hiring needs. Moreover, hiring talented applicants
with disabilities helps your agency, and the federal government overall, to meet the requirements of the
Rehabilitation Act to hire and advance people with disabilities.
The Federal Government - Opportunities for All!
FREQUENTLY ASKED QUESTIONS
Q.
What is Schedule A?
A. Schedule A is an appointing authority, or hiring authority. It is an Excepted Service appOintment for persons
with disabilities. The regulations guiding the Excepted Service - AppOintment of Persons with Disabilities,
Career, and Career-Conditional Appointments - are found in the Code of Federal Regulations (CFR). The
citation is 5 CFR
§
213.3102(u).
Q.
Why should agencies consider using this hiring authority?
A. Agencies should use this hiring authority for a number of good reasons:
• Individuals with disabilities are an untapped source of excellent applicants;
• No public notice is required. In fact, many of the usual HR-related stumbling blocks are avoided, which could
result in significantly reducing the time necessary to hire a well-qualified candidate;
• Doing so can support an agency's Career Patterns initiative. Technological advances and growing emphasis
on tele-work may dovetail with the needs of many applicants with disabilities; and
• Agencies don't have to clear 'surplus employee' lists prior to using Schedule A.
Q.
What about accommodations? Aren't they expensive and a hassle?
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A.
No! More often than not, providing accommodations is simple and usually free! Moreover, agencies are not
alone in trying to work through accommodation requests. There are several resources available, some of which
are listed herein - just check the Resources page! And remember, just as we all need assistance at some point
in the work place, accommodations may be needed by an individual with a disability. You want all employees to
be at their best at work, and accommodations playa role in reaching that goal. Providing accommodations does
not have to be a difficult, expensive or time consuming process.
Q.
Is this appointment to a permanent pOSition?
A.
It can be. Agencies may self-determine what type of placement to make, based on the needs of the position,
as well as the qualification level of the candidate. Under the Schedule A appointing authority, a hiring agency
may make a temporary appointment, a time-limited appointment when the duties of the position do not require it
to be filled on a permanent basis, or a permanent appointment. Agencies are strongly encouraged to make
permanent appointments unless there is a compelling reason to do otherwise.
Q.
What about a probationary period?
A.
Depending on the type of appointment, probationary periods typically last up to two years. Schedule A
candidates should be held to the same performance standards as all other employees. Once the employee's
accommodation needs, if any, have been met, then you should expect no more or less from a Schedule A
employee than you would from any other employee. Once the probationary period has been successfully
completed, employees should be converted to permanent competitive status.
RESOURCES
RECRUITMENT
I
HIRING
EARN - The Employer Assistance & Recruiting Network (EARN) is a free service that connects employers
looking for quality employees with skilled job candidates. EARN provides recruiting services, as well as
employer success stories. Moreover, if you need to make the business case for hiring people with disabilities,
EARN can provide you with the information you need! Further information can be found at
http://earnworks.com/.
WRP - The Workforce Recruitment Program (WRP) is a recruitment and referral program that connects federal
sector employers nationwide with highly motivated postsecondary students and recent graduates with disabilities
who are eager to prove their abilities in the workplace through summer or permanent jobs. Students represent
all majors, and range from college freshmen to graduate students and law students. A searchable database is
available through the WRP website. WRP is ready to help you fill your summer or permanent hiring needs!
Further information can be found at
http://v~.
For Veterans with Disabilities - There are numerous organizations and agencies that exist to assist veterans
with disabilities find and maintain employment. The following is a sample of useful resources to keep handy:
• The Department of Labor's (DOL) Veterans Employment
&
Training Service
http://w.lJW.dol.gov/vets/welcome.html
• Hire Heroes http://www,hireheroesus(l,org/
• Wounded Warriors Project http://www,woundedwarriorproject.org
Advocacy Groups - There are several different advocacy groups that also serve as excellent resources for
recruiting and hiring individuals with disabilities. The following is a sampling of those resources:
• American Association of People with Disabilities http://www,aapd-dc.org/
• National Council on Independent Living http://www.nci!.orgL
• Council of State Administrators of Vocational Rehabilitation http://www.rehabnetwork.orgf
• Deaf and Hard of Hearing in Government http://dhhlg,org/
• American Council of the Blind http://www,acb,org!
Federal Resources - There are numerous federal programs designed to meet the needs of people with
disabilities in finding employment. The following is a non-exhaustive list of programs/resources:
• The Office of Personnel Management's "Disability Site" http://www,opm,gov/disabilitv/
• DOL's Office of Disability Employment Policy http://wW.vV.dol.gov/odep/
• Also check out the federal government's one-stop web site for people with disabilities, their families,
employers, veterans and service members, workforce professionals and many others. www.Di§5}bilijylnfo,qov
ACCOMMODATIONS
CAP - Within the federal government there is a wonderful program housed within the Department of Defense.
The Computer/Electronic Accommodations Program (CAP) provides assistive technology and services to people
with disabilities throughout the federal government FREE OF CHARGE! That means you can tap this resource
(j)
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for help in accommodating an employee with a disability. CAP will do the needs assessment, buy the needed
technology, train the employee on how to use it, and follow up with updates. All you have to do is ask! (Note:
Before contacting CAP directly, check with the RAC, as they may already have a relationship with CAP.) Further
information can be found at .t!!.tp:l!www.tricare.mil/caQ/.
JAN
-
The Job Accommodation Network (JAN) represents the most comprehensive resource for job
accommodations available, and is a terrific and easy-to-use resource. This free consulting service is designed to
increase the employability of people with disabilities. JAN provides individualized worksite accommodation
solutions, as well as information on job accommodations and related subjects for employers and people with
disabilities. Additional information can be found at http://www.jan.wvu,edu/.
U.S. Equal Employment Opportunity Commission
1-800-669-4000 / TIY 1-800-669-6820
\Nww.eeoc.gov
Under the new 5 CFR
§
213.3102(u) appointing authority, a hiring agency may, in addition to the temporary
appointments
identified in the question above, make:
1) A time-limited appointment of an individual who provides proof of disability and certification of
job readiness, when the duties of the position do not require it to be filled on a permanent basis.
2) A permanent appointment of an individual who provides proof of disability and certification of
job readiness.
Proof of a disability(ies) is required for appointments under 5 CFR
§
213.3102(u). Proof of disability is the term
used to define any number of documents which attest to the fact that the candidate does indeed have a
disability. The documentation can take many acceptable forms, so agencies should be flexible. Agencies may
accept as proof of disability simple documentation from a licensed medical professional
(e.g.,
a physician or
other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice
medicine); a licensed vocational rehabilitation specialist (I.e., State or private); or any Federal agency, State
agency, or an agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.
Documentation need only certify that the applicant has a disability which is long-term and/or permanent in
nature,
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Drummer, Bob
From:
Sent:
To:
DONNA WALTON [DONNA.WAL TON@EEOC.GOV]
Wednesday, November 07,20125:25 PM
Drummer, Bob
Subject: Re: Schedule A hiring
Mr. Drummer,
Schedule A is a hiring authority. The regulations guiding the Excepted Service Appointment of
Persons with Disabilities and Career and Career Conditional Appointment are found in the Code of
Federal Regulations (CFR). The citation is 5 CFR §213.3102(u). Essentially, once the
probationary period has been successfully completed employees should be converted to permanent
competitive status, and employees should be promoted on their performance and merit, not simply
because they are a Schedule A hire.
I hope this addresses your question.
Dr. Walton
Donna R. Walton, Ed.D
Disability Program Manager
Equal Opportunity Employment
Commission
Office of Human Resources
Room4NW16L
131 M Street, NE Washington, DC 20507
202 663-4339
"Excellence must be the result of caring more than what other people think is wise; risking more
than what other people think is safe; dreaming more than what other people think is practical, but
moreover is expecting more than what other people think is possible."
- V. Lombardi
»> "Drummer, Bob" <Bob.Drummer@montgomerycountymd.gov>
11/7/20124:57
PM »>
Ms. Walton,
Thank you for speaking with me this afternoon. As I explained in our telephone conversation, the Montgomery County
Council is considering legislation that would create a noncompetitive hiring authority for persons with a disability into a
County merit position. I am trying to find out if Schedule A hiring applies only to a person's initial hiring into the Federal
Civil Service or if it is also used to promote a person with a disability who was originally hired under Schedule A into a
higher vacant position later on in his or her career.
Although you told me that you understand Schedule A to be only for initial hiring into the Federal government, you told
me that you would confirm your understanding and get back to me. Thanks again for your assistance.
fiWk'lt:Jl.
~
Senior Legislative Attorney
Montgomery County Council
100 Maryland Ave
Rockville, MD 20850
240-777-7895
@
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OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
County Executive
Jennifer A. Hughes
Director
MEMORANDUM
December 7, 2012
TO:
FROM:
Nancy Navarro, Pre ident COWIty Council
irector, Office of Management and Budget
Jennifer
A.
Hughe
Joseph
F.
Beach, • etor, Department
OfF~
Council Bill 32-12 Personnel- Regulations - Persons
with
Disabilities - Noncompetitive
Appointment
SUBJECT:
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
JAH:elf
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department of Finance
Edgar Gonzales, Department of Transportation
Helen Vallone, Office of Management and Budget
Ayo Apollon, Office of Management and Budget
Office
of
the
Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
240-773-3556 TTY
@
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Fiscal Impact Statement
Council Bill 32-12 Personnel- Regulations":'" Persons with Disabilities - Noncompetitive
Appointment
1.
Legislative Summary.
Bill 32-12 would require the County Executive
to
adopt regulations pennitting the
noncompetitive appointment of a qualified person
with
a severe developmental, physical, or
psychological disability to a County merit position.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This bill was introduced by a unanimous (9-member) Council.
It
gives the County
Executive the responsibility to establish and maintain a process for noncompetitive
appointment (special hiring authority) of persons with disabilities. The estimated costs
are not expected to be significant and will be determined when the process is actually
developed by the County Executive by Executive Regulation.
3. Revenue and expenditure estimates covering at least the next 6 iIscal years.
Not Applicable
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not Applicable
5. Later actions that may affect future revenue and expenditures if the bill authorizes
future spending.
Not Applicable
6. An estimate of the staff time needed to implement the bill.
Not Applicable
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not Applicable
8. An estimate of costs when an additional appropriation is needed.
Not Applicable
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9. A description of any variable that could affect revenue and cost estimates.
Not Applicable
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
Not applicable
13. The following contributed to and concurred with this analysis:
Helen Vallone, Office of Management and Budget
Date
{':liiO
/l~
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Economic Impact Statement
Council Bill 32-12, Personnel - Regulations - Persons with Disabilities - Noncompetitive
Appointment
Background:
Bill 32-12 provides special hiring rules to recruit for merit positions, on a non­
competitive basis, people with severe disabilities.
1. The sources of information, assmnptions, and methodologies used.
This bill has no economic impact. (See #4 below)
2. A description of any variable that could affect economic impact statements.
This bill has no economic impact. (See #4 below)
3. The bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property value in the County.
This bill has no economic impact. (See #4 below)
4. If a bill is likely to have no economic impact, why is that the case?
This bill has no economic impact because it codifies a particular type of hiring rule only
for potential County employees.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
Date
I
I
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COMMISSION ON PEOPLE WITH DISABILITIES
Testimony on Bill 32-12, PersonneI- Regulation- Persons with Disabilities
Non-Competitive Appointment before the Montgomery County Council
December 11, 2012
Good Morning Ms. President and Members of the Council:
My name is Kathy Bridgeman and I am a Commissioner testifying on behalf of the
Commission on People with Disabilities. We want to thank the County Executive and County Council
along with the almost 300,000 voters who supported the Question A Ballot initiative. We are in
support of this bill but have some recommendations for your consideration.
After reviewing the Bill, we would like to address line 79 of the Bill under (4) Non-competitive
Appointment
79
(B) require medical certification of disability;
We recommend that you amend line 79 to state:
(B) require medical certification as it relates to qualify disability and a determination that
the person is job ready and is likely to succeed in performing the duties of the (position
he/she is seeking.)
The Division of Rehabilitation Services (DORS) issues letters for existing clients as well as others
who come in only for purposes of receiving a letter of Certification for Schedule
A.
They require
medical certification as well as a resume and a determination ofjob readiness which will be useful to
the County in ensuring that this non-competitive hiring will benefit only those persons for whom it is
intended. DORS determines that a person has a most significant disability if they have a functional
limitation in 3 or more of the following areas; communication, self-care, self-direction, interpersonal
skills, mobility, work tolerance and work skills.
This Bill was designed to hire persons with documented severe disabilities. Though not
specifically for disabled veterans, this bill will also apply to them under the same certification
standards for non-veterans with a severe disability. We believe that this bill would assist veterans from
Iraq, Afghanistan, and all earlier U.S. military conflicts, who return home with a severe disability or
who acquire a severe disability after completing military service.
Thank you for the opportunity to testify on this issue. This Bill will benefit the County and its
workforce efforts and by doing so will also benefit people with severe documented disabilities,
including disabled veterans, by providing opportunities to work We often hear it said that "we can do
better". This initiative is a good example of "doing better".
Please let us know if you have any questions.
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)
COMMISSION ON VETERANS AFFAIRS
Testimony on Bill 32-12, Personnel- Regulation- Persons
with
Disabilities
Non-Competitive Appointment before
the
Montgomery County Council
December 11, 2012
Good Morning Ms. President and Members of the Council:
My name is Jerry Godwin and I am Vice Chair of the Commission testifying on behalf of the
Commission on Veterans Affairs. We want to thank the County Executive and County Council along
with the almost 300,000 voters who supported the Question A Ballot initiative. The Commission is in
support of this bill and has some recommendations for you to consider.
After reviewing the Bill, we would like to address the line 79 of the bill under (4) Non-competitive
Appointment
79
(B) require medical certification of disability;
We recommend that you amend line 79 to state:
(B) require medical certification as
it
relates to qualify disability and a determination that
the person is job ready and is likely to succeed in performing the duties of the (position
he/she is seeking.)
The Division of Rehabilitation Services (DORS) issues letters for existing clients as well as others
who come in only for purposes of receiving a letter of Certification for Schedule A. They require
medical certification of significant disability as well as a resume and a determination ofjob readiness
which will be useful to the County in ensuring that this non-competitive hiring will be for the persons
it is intended
If the Veterans Administration was also to certify, it would seem more appropriate that ifthis is
intended for those with a "severe" disability then the disability threshold should be more toward 60%
rather than the 30% or more to qualify as a person having a "severe" disability. Ifthe intent is to help
that population then the 60% mark would help do that. DORS does not evaluate on percentages but on
functional limitations.
This bill was designed to hire persons with documented severe disabilities. Though not
specifically for disabled veterans this bill will also apply to us as for all people with severe
documented disabilities if we meet the same certification standards as will be determined in regulation.
This could include veterans from Iraq, Afghanistan, and all earlier U.S. military conflicts, who return
home to Montgomery County or are injured or acquire a severe disability later after military service.
Thank you for the opportunity to testify on this issue that could benefit the County and its
workforce efforts and by doing so it will also benefit people with severe documented disabilities
including disabled veterans by providing opportunities to work. Please let us know if you have any
questions.
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December 11, 2012
I, Cecilia Tomney, Employment Services Specialist, for Columbia Lighthouse for the
Blind, am here today to make a statement supporting a County level, Hiring Program,
which would help to even the playing field for job applicants with severe disabilities. I
have been on both sides of this very serious dilemma for more than 20 years. I am
certified to provide vocational services to persons with disabilities and I currently offer
those services at the Columbia Lighthouse for the Blind in Silver Spring,
Maryland. However, I, myself, have been legally blind since childhood and I have
experienced, first hand, the reaction of employers, not yet educated, when they learn that
ajob applicant or new employee will need to use different techniques or equipment in
order to do the job correctly. At that moment during the job interview, it is more
common than not for the interview to take on a very different tone. When competing
with job applicants who do not have an obvious disability, the interview will commonly
not result in a job offer, despite the higher education and technical skills that our job
candidates bring to the table. This uneven playing field has not changed to any
significant degree since 1991, with the passing of the American with Disabilities Act and
its mandates to base hiring practices onjob qualifications alone. Before the passing of
the ADA, and even now, 21 years later, the unemployment rate among people who are
blind remains at 70%.
To compound this long standing problem, our job seekers are now facing barriers to
employment as early as the job application phase. In spite of the advanced computer
skills of our job candidates, many employers have websites and online applications that
are not accessible to the adaptive software used by blind applicants. The barriers to
employment appear early in the process and continue on after that, but not for those who
are lucky enough to conduct their job search without the disadvantage of a disability.
Proposing a new amendment to Section 401 of the County Charter comes as very
encouraging news to job seekers with blindness or other severe disabilities. Ifpassed, it
would replace a lifelong disadvantage with a long awaited opportunity to pursue a
desirable County job without the added burden of competing with those who happen to
be more physically fortunate.
Cecilia Tomney,
M.A.,
CRC
Employment Services Specialist
Columbia Lighthouse for the Blind
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Support for Bill 32-12 with Reference to "Special Hiring Rules'"
Submitted by:
Carol Shreve, Director of Development,
UNITED
I am pleased to speak to you today in support of Bill 32-12, which will expand employment
opportunities for people with disabilities. This Bill requires the County Executive to adopt
regulations permitting the noncompetitive appointment of a qualified person with a severe
developmental, physical, or psychological disability to a County merit position.
The voters recently approved an amendment to adopt regulations permitting the
noncompetitive appointment of a qualified person with a severe developmental, phYSical, or
psychological disability. This Bill would implement the Council's authority under this new
amendment.
St. Luke's House-Threshold Services UNITED has a nationally known vocational rehabilitation
program for people recovering from mental illness to choose, find, and keep a job. We support
the self-determination of individuals with mental illness to live and work in their communities.
Through a program of pre-placement counseling, placement assistance, and on the job
coaching, our continuum of care serves both adolescents and adults. We are very proud of our
78% employment record.
Through similar accommodations and programs reflected in Bi" 32-12, a number of our clients
have been given a chance to prove their worth as employees, taxpayers, voters, and human
beings. Many consumers in our supported employment program are working. In the last fiscal
year, they earned more than $2.5 million in wages, thereby contributing to the tax base and
their communities.
On behalf of the now more than 2400 consumers served annually by St. Luke's House­
Threshold Services UNITED for serious and persistent psychiatric disorders, we respectfully
support Bill 32-12, which would allow individuals with mental illnesses to benefit from the
larger issue of employment of persons with disabilities.
st.
Luke's House-Threshold Services
St. Luke's House-Threshold Services UNITED jOins with the Commission for
People with Disabilities, the Commission for Veteran Affairs, and others who
seek inclusion for all Montgomery County residents by strongly advocating that
Bill 32-12 go forward to amend the merit system law concerning hiring persons
with disabilities.
# # #
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Testimony on Bill 32-12, December 11, 2012
Susan Ingram, Executive Director of Community Support Services
Bill 32-12 opens a door to employment of qualified individuals with severe disabilities in
Montgomery County government. While many advocates have worked on this issue
over the years, County Executive Ike Leggett and Council Member Phil Andrews
systematically took the steps necessary to make the changes necessary to set the
stage for this bill. The disability community and the citizens of Montgomery County
applaud this effort, support the process, and look forward to the ultimate outcome of
increased employment of persons with severe disabilities in county government.
With the passage of this bill, Montgomery County is poised to become a model
employer. Qualified persons with disabilities, when employed, will enhance the diversity
and strength of the county work force. Individuals with disabilities have proven that they
have the desire to work, the ability to work, and will now have more opportunities to
work within county government.
Challenges remain in this process of achieving employment outcomes. Bill 32-12 opens
the door, and we still need to walk through it. Positions within county government may
need to be structured to match skills of potential employees. Agencies that provide job
coaching support will need to work closely with individuals and their county supervisors.
We will all need to work on the issues that resulted in a failure to hire persons with
disabilities in the past. We know that myths, misunderstandings and discrimination do
not die easily, and we are ready for these new challenges.
I hope that the county Executive and the Council will continue to monitor and assist with
the next set of challenges so that we will benefit from real changes in employment of
persons with disabilities as a direct result of bill 32-12.
®
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7
Testimony in favor of bill 32-12
Aaron Kaufman
December 11 2012
Madam President,
Mr.
Vice President, Members of the Council:
Good Morning
First, I want to thank all of you for sponsoring the legislation and thank Councilmembers
Andrews and Rice for their leadership on this issue. I also want to thank the voters of
Montgomery County for overwhelmingly approving question
A.
The Charter
Amendment was and is badly needed.
People with disabilities are far more severely affected by poverty than the general
population. The unemployment rate is extremely high for people with disabilities
although the exact number depends on the source you look at. According to Disability
Funders Network, the unemployment rate for people with disabilities is an astounding
65%.They also report that people with disabilities are twice as likely as people without
disabilities to have an annual income of$15,000 or less.
ill
One of the reasons I am so excited about Question A passing is that it wil1lift many
people with disabilities out of poverty and thus permit them to be contributing taxpayers.
It
is also extremely likely that with this newfound income, County residents are less
likely to need to rely on assistance from the County government. In my new job as the
instructor for Project Search ( a collaborative internship program between the Ivymount
School, SEEC and the County government) I can already see what a profound difference
the Charter amendment and the legislation before you will make both for my interns
and for the County government. My interns have already made substantial contributions
@
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to the County and they exemplifY why this bill should pass. I want to close today with
one of my favorite quotes, by Vice President Humphrey:
"It
was once said that the moral test of government is how that government treats those
who are in the dawn of life, the children; those who are in the twilight of life, the elderly;
and those who are in the shadows of life, the sick, the needy and the handicapped. "
ill
http://\vww.disabi]ityfunders.org/disability~stats~and-facts
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Council Bill 32-12
December 11, 2012
Madam President, Mr. Vice President, and Members ofthe Council, Thank - you for
allowing me to testify. I would also like to thank County Executive Leggett
&
members
of the County Council for their hard work in getting the Question A charter amendment
on the ballot.
Hello and good morning. My name is Amy Lyddane and I am an intern in Project Search
Montgomery. I am going to tell you about my experience interning for the county. I
help my supervisor, Mary Ann Dolan with certain tasks that I have been trained to do.
Everyday I go to work from 8:30-2:45. For my
fust
rotation, I have been working in the
Treasury Division of the Finance Department. At my internship, I search accounts to
ensure that tax payers are following rules associated with the Homestead tax credit. I
have helped the Department identify over $240,000 in incorrectly coded revenue. I am
starting to learn exciting new tasks within the Finance Department. I'd love to work for
the Montgomery County Government. This Bill would make that happen. If I get ajob
with the county I will be able to move out of my parent's house. Thank you. I will answer
any questions.
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24037 Glade Valley Terrace
Damascus, MD 20872
December 10, 2012
Mr. Phil Andrews
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Dear Councilman Phil Andrews:
I want to express my sincere appreciation to you for your support of Bi1I32-12, Personnel- Regulations
- Persons with Disabilities - Noncompetitive Appointment. I firmly believe that everyone should have
the opportunity to take their place as a responsible, productive member of society. Unfortunately in
this very constricted job market, individuals with disabilities are often unable to successfully compete
for the scarce jobs that are available. Allowing qualified, disabled individuals to secure jobs on a
noncompetitive basis will afford disabled individuals the opportunity to use their skills and abilities to
provide a useful public service while supporting themselves and their families.
I am
also
hopeful that there will be sufficient jobs available under this program so that more than just a
handful of individuals may participate and that information about these jobs will be readily
available
to
the public. To insure success both to the County and to the disabled individuals, it will be critical that
the relevant supervisors are willing to provide the additional support and training to these new hires.
Since many of the disabled individuals may have limited experience with work, providing mentors or
case managers will be critical. The mentors can help them: plan and/or secure ancillary services such as
transportation or child care; set up a budget; and know where to turn when an unexpected obstacle
arises.
Again, I am very appreciative of your support for this endeavor. I would have attended the hearing
tomorrow, but a family member is having surgery. I
will
be following this Bill closely.
Sincerely,
~#~..Lt-
Ann H. Barbagallo
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Maryland State Department of Education
Division of Rehabilitation Services
Opening Doors to Employment
www.dors.state.md.us
The Public Rehabilitation Program
The Maryland Division of Rehabilitation Services (DORS) has
programs and services that help people with significant
disabilities go to work in careers of their choice.
If eligible, you will work with a DORS counselor to choose from
programs and services such as:
• Career decision making, counseling and referral
• Rehabilitation Technology Services
• Employment training
• Job search, placement and job-keeping services
• Supported employment/job coaching
DORS places a high priority on providing services to high
school students with disabilities who are making the transition
from school to employment, higher education or vocational
training.
STEP 1
You may complete an online referral at www.dors.state.md.us
or contact the DORS office nearest your home.
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STEP 2
You will work with a OORS counselor who will describe the
application process and then determine if you are eligible for
services. If so, you and the counselor will work together so you
can prepare for employment.
You may be eligible if you have a physical or mental condition
that seriously affects your ability to get or keep a job.
OORS collects educational, medical and psychological reports
to better understand your strengths. If more information is
needed, the counselor will arrange special assessments. All
records are kept in a confidential manner, consistent with state
and federal law.
STEP 3
You will develop an Individualized Plan for Employment (IPE)
that lists the steps needed to reach your goal. The IPE also
states who pays for services and when you expect to go to
work. The rehabilitation counselor is trained to provide local job
market information and to assist you in making informed
choices.
STEP 4
You will take part in the services outlined in the IPE. During
this time, your DORS counselor will stay in touch with you.
Once you are working, the DORS counselor will follow-up for
90 days and discuss closing your record. If you need services
again in the future, you may reapply.
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You Should Know
• DORS will work to provide personalized services that
match your interests, abilities and goals. You may
choose to have a family member or other advocate
involved in your rehabilitation program.
• Services are provided based on the availability of
funds and must be pre-authorized by a DORS official.
• Supplemental Security Income (SSI) and Social
Security Disability Insurance (SSDI) recipients are
presumed eligible for services.
• Individuals with the most severe disabilities are
served on a priority basis. Eligible individuals wiith
disabilities may be placed on a waiting list for
services.
• Depending on your income, you may be required to
pay toward the cost of some goods and services.
• You have the right to appeal DORS decisions about
eligibility and your rehabilitation program. The
rehabilitation counselor will tell you about the appeal
process. The Client Assistance Program (CAP) is
available to help solve problems.
The Division of Rehabilitation Services (DORS) provides
personalized support and employment services so individuals
with disabilities can plan a path to a successful career.
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®
27
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Programs are offered through the Office of Field Services, as
well as the Office for Blindness
&
Vision Services (OBVS).
OORS field offices are located in communities throughout the
state. There are also OORS counselors who work in most
Maryland One-Stop Career Centers.
OBVS also provides:
• Independent living services to individuals aged 55 and
older who have vision loss or blindness.
• Management of the Maryland Business Enterprise
Program for the Blind, which provides training and
supports for legally blind individuals to operate retail
concessions on federal and state property.
OORS also operates the Workforce
&
Technology Center, a
comprehensive rehabilitation facility located in northeast
Baltimore.
What people have said about OORS After Becoming
Employed:
• "There was a time when I couldn't see the future.
OORS changed that for me,"
• "I found OORS just when I needed someone to
believe in me,"
• "Thanks to OORS, I'm standing on my own,"
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• "DORS can make someone better than they think
they are. They did that for me. I would not be where I
am today if DORS had not entered my life."
NOTICE OF NON DISCRIMINATION
The Division of Rehabilitation Services does not discriminate
on the basis of race, color, sex, age, national origin, religion or
disability in matters affecting employment or in providing
access to programs. DORS is a state agency that operates in
accordance with the federal Rehabilitation Act.
To find the nearest office or to obtain an alternate format of this
brochure, call 410-554-9442, 1-888-554-0334 or TTY 410-554­
9411. e-mail dors@dors.state.md.us
Division of Rehabilitation Services
Maryland State Department of Education
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OFFlCE OF HUMAN RESOURCES
Isiah Leggett
County Executive
Joseph Adler
Director
MEMORANDUM
January 17,2013
TO:
Nancy Navarro, Chair
Government Operations
&
Fiscal Policy Committee
Joseph Adler, Director
Office of Human Resources
Statement for Government Operations Committee Hearing on Bill 32-12,
Perso.nnel- Regulations Persons with Disabilities - Noncompetitive
Appointment
FROM:
SUBJECT:
Good afternoon Council Members. I am Joseph Adler, Director of the Office of
Human Resources, and it is a pleasure for me to appear at this committee meeting to share with
you County Executive Isiah Leggett's perspective on Bill 32-12, including recommended
amendments. This bill would direct the County Executive to establish by regulation a program for
the non-competitive appointment of qualified persons with severe developmental, physical, or
psychological disabilities to County merit positions, as authorized by the County Charter
Initially, I want to reiterate the County Executive Leggett's strong endorsement of
Bill 32-12. The Executive is ardently committed to increasing employment opportunities with the
County for persons with disabilities. We welcome this opportunity and challenge of developing
personnel regulations to implement this new special hiring authority for the non-competitive
appointment of persons with severe disabilities to County merit positions.
There are several issues that need to be explored in establishing a special hiring
program. This includes whether to require medical proof or certification of an individual's severe
developmental, physical, or psychiatric disability from a licensed physician (as the Federal Office
of Personnel Management requires of applicants under its special hiring authority) or by a letter of
certification from the Mary land Department of Education Division of Rehabilitative Services
(DORS) or an equivalent out-of-state vocational rehabilitation agency (as the County currently
require of applicants with disabilities seeking priority consideration for initial appointment to a
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Memo from Joe Adler to Council
January
to,
2013
Page2of2
County merit system position), or perhaps some combination of the two. In other words, what is
the best way to insure that this special hiring program benefits only those for whom it is intended?
In our view, such matters are better dealt with through the notice and comment
provisions of the regulatory process than in the enabling bill. To many, the term "medical
certification" as used in Bill 35-12 connotes a letter from a licensed physician. Therefore, we
recommend amending Bill 32-12 to delete the word "medical" (in lines 38, 45, 48 and 79) so that
we have flexibility in determining whether certification of disability should be by a doctor's note
or by a state vocational rehabilitation agency such as DORS, or some combination.
It
should be noted that this program for the non-competitive appointment of
qualified persons with severe disabilities is not a substitute or replacement for the current
program of hiring preference for persons with disabilities who apply for initial appointment to
County merit positions in a normal competitive process and are among the highest rating category.
In lines 6 and 17 of Bill 32-12, the term "hiring preference" is changed to "special hiring rules."
This causes some confusion since "hiring preference" refers to competitive appointments while
"special hiring rules" deals with non-competitive appointments. Accordingly, we recommend
amending lines 6 and 17 to use a more generic, umbrella term that encompasses both such as
"Hiring Persons with Disabilities."
Thank you and I will be pleased to answer any questions you may have.
cc: Bob Drummer, County Council