Federal Manager's Daily Report:
Wednesday, October 13, 2004

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In This Week's Issue
1. Provision to Fire IRS Employees for Misconduct Questioned
2. IRS Needs Full Set of Goals and Measures to Evaluate ETC Process 
3. Army Boosts Conversion of Slots to Civilian
4. New Publication Announcement 
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1. Provision to Fire IRS Employees for Misconduct Questioned
Members of Congress and the Internal Revenue Service are 
questioning the effectiveness of Section 1203 of the IRS 
Restructuring and Reform Act of 1998 that defines 10 acts 
for which an IRS employee can be fired--the so-called "10 
Deadly Sins"--many involving the falsification of taxpayer 
information, or certain forms of taxpayer-harassment, the 
Government Accountability Office has said. 

It said Congress and IRS officials are concerned that the 
rules might dissuade enforcement employees from 
appropriately responding to noncompliance -- and that the 
process used by IRS and the Treasury Inspector General to 
review allegations against employees is overly time 
consuming and inconsistent. 

There is some question as to whether all the provisions of 
the section should be retained, according to GAO-04-1039R. 

The report said one change Congress is considering amending 
the section by "deleting the requirement that IRS employees 
be fired for failing to file a tax return on time when they 
are owed a refund." 

IRS managers have said that a task force is studying the 
employee tax compliance part of the process and will likely 
recommend changes to it soon -- and that the task force would 
attempt to speed up the ETC process and help "educate 
employees about their responsibilities to comply with federal 
tax law," said GAO. 

2. IRS Needs Full Set of Goals and Measures to Evaluate ETC 
Process 
The report said IRS has taken some actions to evaluate the 
effectiveness of Section 1203, but that it "has not yet 
developed a full set of goals and measures for evaluating 
the process." 

Further, IRS has yet to measure the effects of Section 1203 
on enforcement programs, according to GAO. 

It said IRS officials stated that they believe Section 1203 
could have a "chilling effect on enforcement, " and that 
they stressed the importance of measuring its effects. 

IRS plans to measure employee willingness to take action 
under Section 1203 with an agency-wide survey beginning 
with enforcement employees responsible for contacting small 
business owners and self-employed taxpayers, said GAO. 

However, it said IRS officials were concerned about the 
effectiveness of conducting surveys, given the time and 
effort needed as well as the relatively few allegations 
involving contacts with taxpayers in recent years. 

IRS is considering getting input on Section 1203 through 
focus groups, and officials said that pending the completion 
of the 2004 survey, they would decide whether to continue 
the survey, how often, and if IRS employees should be 
included in it, said GAO.

3. Army Boosts Conversion of Slots to Civilian
The Army has ordered an increase in the number of positions 
it intends to convert from military to civilian status, 
effectively increasing the number of federal employee 
positions that Army managers will have available to 
accomplish their missions.

The Army in mid-September ordered the conversion of 8,360 
military positions to civilian performance in fiscal 2005, 
citing the increased operational tempo of active duty 
military forces and the desire to fee up military 
positions to perform tasks for which uniformed personnel 
are required. "This initiative enhances Army force 
capabilities, reduces stress on the current force, and 
spreads the operational tempo over more units," said an 
Army notice, which also noted that the Army has announced 
plans to build and sustain at least 10 and potentially 
15 new active component combat modular brigades.

The net effect of the change will be to increase the 
Army�s goal of military to civilian conversions from 
10,000 to 15,000. Some of the positions could go to 
contractor performance rather than civilian federal 
employee performance, however. Also, of the positions 
approved for conversion in fiscal 2005, about 1,500 are 
on old pending further review.

4. New Publication Announcement 
http://fedweek.sparklist.com/t/294960425/821889/1/0/ 
Passman & Kaplan announces the October 2004 publication of 
the SECOND EDITION of the Federal Employees Legal Survival 
Guide. This comprehensive book, first published by Passman 
& Kaplan in 1999, has been called the definitive how-to 
guide for enforcing the rights of federal employees. 

The second edition of the Guide includes 100 PAGES OF 
ADDITIONAL NEW MATERIAL (now 616 total pages) and useful 
advice. New features include information on internet 
legal research, preparing for and conducting a hearing, 
sample discovery requests, and up-to-date contact 
information for federal personnel agencies. The Guide 
also includes a listing of frequently used civil service 
acronyms and practical appendices of sample forms, 
charts illustrating appeal rights, and commonly-needed 
deadlines. 

As with the first edition of the Guide, Passman & Kaplan 
has attempted to move away from the "legalese" which so 
often complicates an already-bewildering array of 
regulations and policies. Although the Federal Employees 
Legal Survival Guide, Second Edition is clearly an 
invaluable resource for practioners, Passman & Kaplan has 
maintained its commitment to target the book to the 
average federal employee. 

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