Agency Leaders and Staff Craft New Role as ‘At-Will’ Employees

A year ago, agency heads assumed they were appointed for fixed terms and protected by law from summary termination. However, by means of a series of presidential actions, even the leaders of the “independent” agencies have been “re-classified” as at-will employees, serving at the pleasure of the president. This is in concert with an expanded view of presidential authority announced by the Supreme Court. Just how the leaders respond to their new status—and how this will affect the work of the agencies—is one of the most significant issues facing the federal government and the governed. One thing is known: This is among the most fundamental changes in the structure of the government since the creation of an apolitical civil service 150 years ago.

Impact of Change

Increased politicization of agencies: Agency heads will be more accountable to the president’s immediate agenda because they can be dismissed at any time for any reason. This will allow for a more rapid and complete transformation of regulatory regimes and policy interpretations in concert with the administration.

Limitations on agency independence and expertise: We’ve already seen the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), the Federal Emergency Management Agency (FEMA), the National Oceanic and Atmospheric Administration (NOAA), and others terminate or diminish experts and experienced officials, leading not only to a loss of institutional memory but also to decisions that appear to advance political ideology rather than apolitical expertise. This has undermined the trustworthiness of agency positions for much of the public and is likely to be a template for other executive agencies.

Higher employee turnover and morale issues: The ranks of the agencies and of the civil service have already been significantly reduced by the Department of Government Efficiency (DOGE) and by forced retirement and buyouts. The proposed creation of new classifications of employees, such as Schedule Policy/Career (formerly Schedule F), will create thousands of federal at-will civil servants in policymaking roles with no job protections, making it easier to terminate for political disagreement. This is anticipated to lead to much higher turnover, reduced dedication to the work, and difficulties in filling vacancies. The job security offered by a civil service job was among the chief attractions for applicants.

Eliminating Resistance in Civil Service

Proponents of the changes insist that a new organization will have a positive impact on a workforce grown bloated and lacking in the political responsiveness that should be the hallmark of a democracy. They predict agencies will be more directly accountable to the president’s policy agenda so that new policy goals and directives can be implemented, without either the inertia or resistance from the standard civil service system.

Takeaway

While at-will employment offers flexibility and direct accountability to the executive branch, it also risks undermining the stability, expertise, and political neutrality that the career civil service system was established to ensure.

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