extramural/od title 42 model – proposals july 27, 2006
TRANSCRIPT
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Contents
Slides Fundamental Goals of Model 3 Extramural/OD Model 4 Framework 5 Extramural/OD Categories 6-9 Responsibilities and Oversight 10-13 Implementation:
Moving Current T42 Employees to New Model Review and Placement 14 Those Who Don’t Fit 15-16
National Search 17 Exhaustion
18-19 New Hires/Conversions (Placement in Model) 20 Future Movement of Title 42 Employees 21 Non-Citizens 22
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FUNDAMENTAL GOALS
NIH will make appointments in compliance with governing Title 42 laws, regulations and policies
Any increases in number or compensation are appropriately justified
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Extramural/OD Model
Provides a workable methodology for categorizing the majority of non-intramural positions Identifies positions for Title 42 and for
other mechanisms OER test modeling by a subset of ICS
indicates that most non-intramural positions can be accommodated within proposed categories
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FRAMEWORK Six categories of positions with the following
professional designations: Scientific Executives – Title 42 (f) Science Policy Leader or Science Program Leader
–Title 5 or Title 42 (f) Science Policy Analyst or Science Program
Analyst – Title 5 Health Science Program or Review Officers –
Title 5 Senior Scientific Officer – Title 42 (f) Program Coordinators and Specialists – Title 5
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Scientific Executive Category Title 42 (f) Recommended as a categorical exception to the
exhaustion requirement Coverage limited to scientific positions at the highest
levels in the OD/NIH and in ICs OD/NIH Office Heads reporting to the Director, NIH,
and Deputies reporting to Office Heads Extramural division directors reporting to the IC
Director Consistent with IC Director Compensation Model, pay will
be determined based on Position and Incumbent Pay factors and recommendations will be reviewed by NIH Deputies for approval by Director, NIH Position Pay < $30,000 IC Directors’ Position Pay
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Science Policy Leader or Science Program Leader Category: Title 5 or Title 42 (f), depending upon position
requirements and employee impact Coverage includes:
Scientific supervisory positions that report to Scientific Executives and that direct, coordinate, and manage science policy and/or program activities
Non-supervisory Senior Scientific Advisors reporting to the Director or Deputy Directors, NIH and IC Directors who advise on or manage broad, emerging and cross-cutting science policy and/or program activities
Non-supervisory Senior Scientific Advisors reporting to Scientific Executives in the OD/NIH and ICs who coordinate, manage and/or provide advice on science policy and/or program activities on behalf of NIH
Use of Title 42 is subject to exhaustion requirements, Committee review and NIH approval
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Title 42 (f) Unique or hard-to-fill positions in medical or
scientific specialty areas where the specialty is required by the position and is defined before recruitment
To recognize the unique and market-driven qualifications required, pay should be set using the IC Director Compensation Model, for review by the NCC Position Pay < $40,000 IC Directors
Position Pay
Senior Scientific Officer Category
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Remaining Categories
Title 5 Science Policy Analyst or Science
Program Analyst Health Science Program Officer or Health
Science Review Officer Program Coordinator or Program
Specialist
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RESPONSIBILITIES AND OVERSIGHT OER will have responsibility for:
Monitoring compliance with governing requirements
Monitoring category placements & compensation for equity and consistency across NIH
Data gathering & analysis, including consideration of RNO & gender factors
Monitoring use & growth of T-42 Tracking movement of “grandfathered”
employees Collecting data to justify categorical exceptions
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RESPONSIBILITIES AND OVERSIGHT, con’t. Establish Extramural/OD Title 42 (f) Committee
(ETFC) Similar to OIR’s Central Tenure Committee Members – Senior representatives from extramural
and OD programs Recommended membership, to be approved by
the Steering Committee, includes: Deputy Director, NIH – Chair DDER – Vice Chair 2 IC Directors – One as Vice Chair 2 Extramural Program Directors 2 Deputy Directors OD Policy/Program Representative
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RESPONSIBILITIES AND OVERSIGHT, cont’ ETFC Responsibilities
Advisory to the Deputy Director & Director, NIH Broad oversight and peer review responsibility for all
aspects of extramural/OD Title 42 (f) appointments, including but not limited to: Review individual professional designations – upon
initial implementation, subsequent hires and conversions, and movement of Title 42 employees
Concur that exhaustion requirements have been met
Review requests to waive exhaustion requirement Peer review for new hires and conversions
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RESPONSIBILITIES AND OVERSIGHT, con’t Implement as 1-year Pilot
Provides time to collect data to support any categorical exceptions to the exhaustion criteria
Provides time to test criteria Pay Range Determinations
Recommend that Pay Ranges for each Title 42 (f) category be established after employee placements/designations are approved
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Moving Current T42 Employees to New Model – Review & Placement
IC proposes initial placement in a category
Review by ETFC and approval by Deputy Director, NIH
Once approved, action will be processed by the OHR/CSD Branch to officially change employees’ titles
No increases in pay during initial placement process
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Moving Current Title 42 Employees to New Model – Those Who Don’t Fit
Employees who don’t fit will be “grandfathered” The IC may recognize the employee
doesn’t fit and not propose placementor
ETFC may determine the employee doesn’t fit
OER and OHR will maintain records of “grandfathered” employees
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Moving Current Title 42 Employees to New Model – Those Who Don’t Fit
“Grandfathered” in current job Will remain in Title 42 or be moved to
another appropriate appointment mechanism
Will be assigned a professional designation under the new Model
Those remaining in Title 42 will be eligible for increases, etc. as provided by the NIH Title 42 Pay Model
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National Searches
National searches required for all Title 42 (f) categories covered by this model ETFC to define national search criteria ETFC approval required for all search plans
Permits identification of broad and diverse candidates
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Exhaustion All Title 42 positions covered by this Model are subject
to the HHS “exhaustion” requirement – i.e., other mechanisms must be exhausted before Title 42 is used Categorical Exceptions
Must be approved by the Director, NIH, based on appropriate supporting data (e.g. recruitment difficulties, AAMC data, salary data for newly hired/tenured Senior Investigators)
Current exceptions are “top 5,” Senior Investigators, & “direct report” scientific program heads
Individual Exceptions Must be approved by the Deputy Director, NIH following
review and recommendation by the ETFC
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Exhaustion, con’t For positions where exhaustion is required, OER and
OHR/CSD will develop advertising/recruitment requirements addressing: Length of announcement Area of consideration Appropriateness of concurrent advertisement Inappropriate advice to candidates
ETFC must concur that exhaustion requirements have been met before Title 42 search is initiated
Cannot “exhaust” for positions in categories that are not Title 42. That is, although recruitment difficulties may be shown for other positions, Title 42 can be used only for positions identified in the Model as appropriately filled under Title 42
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New Hires/Conversions (Placement in the Model) For equity of treatment and consistency in application
of criteria, all new hires and conversions of scientists not currently in Title 42 will be subject to peer review by the ETFC Except, “Top 5” scientists are reviewed under other
processes, either by NIH Deputy Directors or as required by OIR
ETFC will review assignment of professional designations to individual scientists
During the pilot, the Deputy Director, NIH, will approve individual professional designations
Assuming candidates are found eligible for Title 42 following peer review, pay will be established in accordance with provisions of the NIH Title 42 Pay Model.
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Future Movement of Title 42 Employees
Movement of Employees Who Remain in Title 42 is subjectto prior review by the EFTC
Title 42 to Title 42 No pay increase, within same category, similar duties and scope of
responsibility Permissible. No search or exhaustion required.
Title 42 to a different Title 42 category Different category, greater duties and responsibilities, immediate
or potential pay increase Possibly subject to exhaustion and requires Title 42 search (and
possible NCC review if required by NIH Title 42 Pay Model) Title 42 to non-Title 42 science position
Permissible. No search or exhaustion required. Employee will be “grandfathered” in new position
Title 42 to non-Title 42 non-science position Title 42 not permissible; Title 5 or SES
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Non-Citizens Non-citizen doctoral scientists may be selected and
appointed to Title 42 positions on the same basis as citizens
Employment of non-citizen doctoral scientists under Title 42 to fill Title 5 science positions is permissible Recruitment and any subsequent movement may be
subject to “exhaustion” requirement Appointments will be time-limited NTE 5 years, with
the possibility of renewal Pay will be set equivalent to what appointees would
otherwise have received under Title 5 ICs may hire without further review unless the NIH
Title 42 Pay Model requires pay review