Implement Up-or-Out Management for the Civil Service

The disparity between public and private employment incentives is galling. Private employers properly incentivize employees through up-or-out management. Unfortunately, as is often the case, the government is woefully behind the times. There is not, and has not been, an equivalent system for General Schedule scale employees. The U.S. Army was the only federal component to use up-or-out management, a practice Congress has since abandoned for reasons passing understanding. Though acknowledged as challenging, up-or-out is widely touted as effective for ensuring a competent workforce and rewarding the best employees. In contrast the federal system lacks proper incentives, allowing an underperforming employee to receive, at regular intervals, pay raises and promotions. Are Americans well-served by a system such as that?

Up-or-out is constitutional. Supreme Court precedents merely require government to give public employees oral or written notice of the adverse action, and an opportunity to rebut evidence being used to justify adverse actions prior to the action taking place. There is nothing to suggest either of these current obligations conflict with an up-or-out management assuming there is notice of what would constitute poor performance prior to implementing such a system.

Some may argue up-or-out would decimate institutional knowledge. Not so. Rather, it would clear the rot permeating too many federal bureaucracies. Streamlining the workforce, which the Congressional Budget Office has suggested is worth considering, would retain employees who contribute and excel while culling those who lack a work ethic, diligence, or who are otherwise unwilling or unable to do their jobs competently. Those who succeed are retained and promoted, keeping alive the institutional knowledge necessary to operate programs and initiatives – the least American taxpayers can and should expect of their government.

It may be unpopular to say but it is true: the civil service is riddled with unmotivated slackers. With a civil service of 2.85 million, even if just 1% of employees underperform, that’s 28,500 employees. For the overwhelming majority who surely are doing their best, up-or-out management will light a fire to work harder and better, the least American taxpayers deserve.