Agenda Item 7
December 11, 2012
Robert H. Drummer, Senior Legislative Attorney
Persons with Disabilities
Bill 32-12, Personnel
- Noncompetitive Appointment
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 Government Operations and Fiscal Policy Committee
worksession is tentatively scheduled for January 17.
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 ofthe 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 ©7-10. 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
Walton, Ed.D, Disability Program Manager for the EEOC at ©11.
Bill 46-09, enacted on February 2, 2010, 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