Changes to the SES and Your Legal Rights
The Senior Executive Service was created in 1978 to serve as a link between the politically appointed heads of agencies and the career federal employees within the agencies. OPM developed executive core qualifications used to analyze SES officials and candidates.
President Trump’s 2025 “Restoring Accountability for Career Senior Executives” memorandum seeks to dramatically alter the Senior Executive Service. The memorandum directs OPM to issue new government-wide SES Performance Plans, and orders that federal agencies terminate and replace their Executive Resources Boards and Performance Review Boards.
Federal law provides rights to SES officials who are proposed to be removed from the SES or removed from federal employment:
- Prior to a removal or termination from government service, a non-probationary SES official has the right to prior notice and an opportunity to respond before the removal becomes effective.
- For proposals to remove an SES employee from the SES and to be placed in a different civil service position, the SES employee can request an informal hearing.
- An SES official has the right to have attorney representation during the disciplinary process.
- Employees who are removed from the SES position for reasons other than misconduct, neglect of duty, or malfeasance regularly have the right to return to a civil service position.
- A decision to remove or suspend an employee from the SES may be appealable to the MSPB.
For more information about your legal rights as a member of the SES, please contact the attorneys of Kator, Parks, Weiser & Wright.
