Improving Employee Performance and Practical Implementation of the President’s HR EO’s

1. Improving Employee Performance and Practical Implementation of the President’s HR EO’s October 23, 2019

2. Stewart Liff – About Me • Expert in • Visual Performance Mgmt • HRM • Team development • Author of 7 books on management (5 geared to government) • 32 years in government. 12 as a Senior Executive. • Represented the government on 30 3rd party hearings

3. Department of Labor Office of Inspector General The President’s Three HR Executive Orders • Unified Investigative Solution: Consolidation of 4 legacy, stove-piped systems and numerous manual processes • New Investigative Management Information System (NIMIS) currently in UAT – less than 9 months • Hosted in AINS FedRAMP Cloud – eliminating IT infrastructure & maintenance burden • Integrated Evidence Tracking replaced Tracker Product • Making it easier to fire Federal employees • The time to improve poor performance will be reduced from 120 days to 30 • Agencies will be encouraged to remove poor employees rather than retain them • Restrictions on Unions • Unions will be charged rent • They must spend at least 75% of their time on the job • Union contracts are to be posted online

4. What’s the Rationale Behind the EO’s? • Firing Federal employees • There’s an almost universal perception that it is very difficult/almost impossible to fire a Federal employee • Managers often give up before they start • Federal unions • OPM reported that the Federal government spent almost $175 million on official time • Testimony before Congress indicates that number might be much higher

5. What will be the Impact of The EO’s? • Hard to say because: • Of pending litigation • Union agreements which supersede the Executive Orders • MSPB/arbitrator decisions • Federal culture

6. Department of Labor Office of Inspector General What do I mean by the Federal culture? • Unified Investigative Solution: Consolidation of 4 legacy, stove-piped systems and numerous manual processes • New Investigative Management Information System (NIMIS) currently in UAT – less than 9 months • Hosted in AINS FedRAMP Cloud – eliminating IT infrastructure & maintenance burden • Integrated Evidence Tracking replaced Tracker Product • Question: • What do government managers normally do with poor employees? • Principle: • You can’t mandate/legislate a change in culture

7. What Federal Employees are Saying... • Only 28% believe that, in their work unit, steps are taken to deal with a poor performer who cannot or will not improve • Only 34% believe that differences in performance in their work unit are recognized in a meaningful way

8. The Problem in a Nutshell - The story of James Doe, problem child...

9. Dealing with Difficult Employees Why is it important? • According to McKinnsey: • “Negative interactions with bosses and coworkers have five times more Impact than positive ones.”

10. Dealing with Difficult People • It’s all about managing your workforce, not winning and losing. • To do this, you need to win the battle for the hearts and minds of the middle 80% of your people.

11. Dealing with Difficult People – The First Step • Identify them early, then try and turn them around. • We have too much invested in each employee to give up easily • Options include: feedback, coaching, counseling, discipline, etc. • The key is to deal with them promptly and properly

12. If That Doesn’t Work... • Keys • Your management team/your advisors • Strategy • Tactics • Attitude/Fear • Lessons learned

13. Dealing with Difficult Employees Your Management Team • They must all be on the same page • They must all have the same philosophy • They must all be willing to deal with a problem employee.

14. Dealing with Difficult Employees Your HR Advisor • What’s his philosophy? • Strict constructionist or liberal interpreter • If he doesn’t give good advice get another advisor

15. Dealing with Difficult People Strategy • Identify the problem employees (everyone knows who they are) • Deal with them (don’t move them around) • Keep it simple stupid • Use the probationary period

16. Dealing with Difficult People Strategy (cont.) • You’ve got the weight of the government behind you • Problem employees try and use the system to their advantage • Use it to your advantage

17. Dealing with Difficult People Tactics • Do you want to serve or receive? • If she never crosses the line, change the line • If you’re going to take an action, take a strong one • Bring a problem to a head ASAP

18. Dealing with Difficult People Your Attitude • Yes, you can remove a federal employee – It’s up to you • In 2018, only 7% of cases were overturned by • MSPB – note: many never even got there • All you need is the will and the skill

19. Dealing with Difficult People • Document, document, document… • You don’t need a perfect case • Avoid 3rd parties if you can, but don’t fear them • Better to occasionally lose a case than to never take an action • Let them fight you from the outside

20. Dealing with Difficult People Final Thoughts • The EO’s are a good roadmap, but the hard work still has to be done at the local level • Even if the courts allow the EO’s to go forward, you still need the will, skill and right culture to have a program of true accountability

21. Department of Labor Office of Inspector General What I Wish We Had at the Time... • Unified Investigative Solution: Consolidation of 4 legacy, stove-piped systems and numerous manual processes • New Investigative Management Information System (NIMIS) currently in UAT – less than 9 months • Hosted in AINS FedRAMP Cloud – eliminating IT infrastructure & maintenance burden • Integrated Evidence Tracking replaced Tracker Product • More and better information at our fingertips, in one location, e.g. – • Key information in one location • The right people have access to the information • Excellent tickler information • Templates for auto population of performance information

22. Department of Labor Office of Inspector General Dealing with Difficult People • Unified Investigative Solution: Consolidation of 4 legacy, stove-piped systems and numerous manual processes • New Investigative Management Information System (NIMIS) currently in UAT – less than 9 months • Hosted in AINS FedRAMP Cloud – eliminating IT infrastructure & maintenance burden • Integrated Evidence Tracking replaced Tracker Product Any Questions?

23. Stewart Liff (661) 714-8958 (mobile) stew@stewartliff.com Website: www.stewartliff.com