BOP Program Statement 3330.02 § 5

To assess the efficiency and effectiveness of the assessment, Human Resource Offices must, by

the 15th of each month, send via electronic mail the results of each core value assessment

administered. Human Resource Managers are responsible for ensuring the results are submitted

to the Workforce Systems and Evaluation Section.

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Section 2. Employment Interviews

1. PURPOSE AND SCOPE

To describe the objectives and procedures for conducting pre-employment panel interviews.

Such interviews are only one phase of the total evaluation of an applicant’s qualifications and

suitability for employment in the Bureau of Prisons. Other pre-employment procedures that are

designed to determine an applicant’s suitability for employment are described in the Program

Statement Human Resource Management Manual. The procedures described in this section

are to be done in conjunction with the procedures in that Program Statement.

2. COVERAGE

Procedures in this section apply to all applicants for any type of appointment.

3. EMPLOYEE SCREENING

The mission of the BOP is to protect society by confining offenders in the controlled

environments of prisons and community-based facilities that are safe, humane, cost-efficient, and

appropriately secure, and that provide work and other self-improvement opportunities to assist

offenders in becoming law-abiding citizens. The influence of staff on the achievement of this

mission cannot be overstated. Studies such as the Institution Character Profiles and Prison

Social Climate Surveys, as well as other management indicators, demonstrate the direct

relationship between staff competence, morale, attitudes, and perceptions and the effective

operations of our facilities. For these reasons, the careful screening and evaluation of

prospective employees contributes to a competent and effective workforce and reduces the

possibility of selecting employees who do not demonstrate the knowledge, skills, abilities, and

personal characteristics appropriate for work in a correctional organization.

The purpose of the panel interview is to evaluate the applicant’s qualifications and other

characteristics necessary for the position. Other phases of the pre-employment process, such as

the Core Value Assessment and records checks, are designed to evaluate the applicant’s

suitability for employment to a sensitive position. Areas to be evaluated during the panel

interview include: knowledge, skills, and abilities needed for the position; general correctional

work abilities; and writing skills. The procedures that follow are minimum requirements.

4. PROCEDURES

a. Institution Positions. Prior to the panel interview, applicants will be asked

to write a report discussing a videotaped correctional work scenario (Attachment C, Panel

Interview Writing Sample). The applicant will only be allowed to view the video once. The

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report will be used by the panel in evaluating the applicant’s ability to effectively communicate

non-verbal and verbal observations into a written report, and demonstrate basic writing skills.

A panel interview is only conducted if an applicant successfully passes the Core Value

Assessment. Interview panels consist of a trained HR staff member and one subject matter

expert (e.g., Associate Warden, supervisor over the position, department head). All panel

members must complete panel interview training prior to participating in a panel interview.

Panel interviews will be conducted according to the Instructions for Administering the Panel

Interview (Attachment D). Panel members will ask questions designed to elicit information from

the applicant about his/her knowledge, skills, abilities, and other personal characteristics related

to the position being filled, as well as general correctional work abilities. The standardized

Correctional Work Situation Questions presented to the applicant are restricted to trained

interviewers only. Staff requiring a copy of the Correctional Work Situation Questions should

contact the Workforce Systems and Evaluation Section, Central Office.

Panel members must only ask questions that are related to the specific vacancy and are non-discriminatory. For example, questions regarding national or ethnic origin, the ability to do

correctional shift work because of child care situations, or questions regarding a disability may

not be asked.

Following the panel interview, each panel member will complete the Panel Interview Individual

Rating Form that corresponds to the correctional work situation questions used in the interview

(Attachment E). The HR staff member then completes the Panel Interview Assessment

(Attachment F). The recommendation for appointment of the applicant will be partially based

on the panel’s acceptability determination.

The servicing HRM may allow a panel interview to be conducted at another institution, the

Central Office, or any Regional Office. All panel interviews conducted must follow the

procedures in this section. However, panel interviews held at the Central Office or Regional

Office must consist of two trained members who are familiar with the requirements of the

position to be filled and who have demonstrated skill in interviewing, even though they may not

represent the disciplines stated in this section.

b. Central Office, Regional Office, Staff Training Center, and Residential Re-entry

Positions. Procedures in section a. will be followed for Central Office, Regional Office, or

Residential Reentry positions that are designated as primary law enforcement covered

positions. Prior to the panel interview, applicants will be asked to write a brief narrative

response to the questions in Attachment G, Pre-employment Interview Writing Sample. The

panel will use the responses to evaluate the applicant’s writing skills; however, they may not

be used as the sole reason for not selecting an applicant.

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Interview panels will consist of at least two people who are familiar with the requirements of the

position to be filled and have demonstrated skill in interviewing. If possible, an HR staff

member will be a member of the interview panel. Interview panels for Central and Regional

Offices will consist of a minimum of one manager and an HR staff representative.

Panel members will ask questions designed to elicit information from the applicant about their

past employment, knowledge, skills, and abilities for the position being filled and such personal

characteristics as may be important to the position. When asking job-specific questions, the

panel must ask similar job-related and non-discriminatory questions of all applicants for a

specific vacancy. Attachment H is a list of sample questions that may be helpful to panel

members. Panel members shall ask questions that are related to the position being filled and are

non-discriminatory. For example, questions regarding national or ethnic origin, the ability to do

correctional shift work because of child care situations, or questions regarding a disability will

not be asked.

Following the panel interview, each panel member completes the Pre-employment Interview

Summary (Attachment I). The recommendation for appointment of the applicant will be based,

in part, on the panel interview.

5. REPORTING REQUIREMENTS

To assess the efficiency of each stage of the pre-employment process, the online Pre-employment Screening Data Form is completed for all applicants. Human Resource Managers

are responsible for ensuring forms are submitted as soon as employment decisions can be

documented.

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Section 3. Employment of Ex-Felons

1. PURPOSE AND SCOPE

To identify criteria for the employment of ex-felons.

Directives Referenced

5 USC 3113

5 CFR 731.106

5 CFR 731.202

2. PROCEDURES

Ex-felons may be considered for employment only after being granted the proper relief or

Pardon. Under the Gun Control Act of 1968 and the Omnibus Crime Control and Safe Streets

Act of 1968, ex-felons cannot have a firearm in their possession and therefore cannot be

considered for employment in a law enforcement position without a Pardon or other proper

relief, which must be documented and included as part of the application.

Applicants should be advised that if found qualified for the position applied for, their application

will be sent to the Office of Personnel Management to be evaluated for suitability (5 CFR

Chapter 731.202). Background information is evaluated against the Bureau’s security criteria.

Only the Director of the Federal Bureau of Prisons has the authority to approve the appointment

of any ex-felon to a position within the Bureau. Appropriate conditions listed below must have

been met:

■ Federal or State Offenses in Which a Firearm Was Not Involved. Ex-felons must receive

a Pardon (Presidential or gubernatorial, respectively).

■ Federal Offenses in Which a Firearm Was Involved. Only a Presidential Pardon will give

firearm disability relief.

■ State Level Offenses in Which a Firearm Was Involved. Ex-felons who have committed

offenses at the State level involving a firearm need a gubernatorial pardon or a pardon issued

by another state pardoning authority to be granted limited relief (allowed to carry a firearm

for duty purposes only). The pardon must expressly authorize the recipient to carry the

firearm.

In all instances, the pardon must expressly authorize the recipient to carry a firearm.

Appointing officials considering an ex-felon for employment may contact the Staffing and

Employee Relations Section (SERS), Central Office, for additional information.

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Section 4. Employment of Medical and Dental Officers

1. PURPOSE AND SCOPE

Career/Career-conditional appointments from competitive registers of physicians (including

psychiatrists), and dentists is delegated to Chief Executive Officers (CEO). Assignment of

physicians and dentists from the Commissioned Corps of the U.S. Public Health Service is

coordinated by the Staffing & Recruitment Section, Health Services Division (HSD), on behalf

of the Assistant Director (AD), HSD.

Failure to communicate and coordinate the recruitment and placement of physicians,

psychiatrists, and dentists among local, regional, and national levels can result in delays in filling

vacancies and inability to provide a high level of professional medical care for inmates. This

section outlines procedures designed to effectively coordinate the staffing of medical and dental

officer positions.

2. IDENTIFICATION OF VACANCIES

CEOs are responsible for forecasting and identifying medical and dental officer vacancies at their

locations. Local Human Resource (HR) staff should use these forecasts to work with the

appropriate HSD/ HR Representative; i.e., Regional Medical Director, Chief Psychiatrist,

National/Regional Recruiter, or Chief Dentist, to strategize on how best to fill these

anticipated/actual vacancies.

HSD Representatives are available to advise the CEO regarding the filling of physician or dental

vacancies, and to advise whether to recruit from outside the Federal Government, Federal

employees in the competitive service, PHS Commissioned officers, or from all sources

simultaneously. The decision is based on the needs of the institution, the time available to locate

a replacement, the availability of outside candidates (Direct Hire, Schedule A, etc.), the

availability of candidates on certificates, and Commissioned Officers. In addition, HSD

Representatives may be contacted by the CEO to assess whether physicians/dentists currently

employed by the Bureau are interested in relocating.

3. RECRUITMENT

Recruitment of medical and dental officers is an ongoing responsibility of administrators, Human

Resource staff, and Health Services staff at all levels of the organization.

a. Consolidated Staffing Unit Delegated Examining. After consultation with the appropriate

HSD representative, the CEO notifies the institution Human Resource staff of the decision to

recruit through competitive registers. For Medical Officers (including Psychiatrists) and Dental

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Officers, the institution HR staff forwards the Request for Referral of Eligibles (SF-39)

electronically to the Consolidated Staffing Unit.

b. PHS Recruitment. The Central Office Health Services Division (HSD) is responsible for

coordinating the assignment of PHS Commissioned Officers to Bureau facilities, to educate staff

and applicants on PHS processes and procedures, and to encourage the timely processing of

requests for personnel actions i.e. (transfers, call to active duty, etc.). Division representatives

apprise local HR staff and/or the CEO of their activities and progress.

Once qualifications determinations have been made on the available applicants for a requested

position, the Credential Verification Officer (CVO), located in Grand Prairie, performs the initial

primary source verification on candidates. CSU releases the certificate to the requesting HR office

and identifies candidates who are pending credentialing verification. Upon satisfactory completion of

this process, CSU follows up with the HR staff on the decision rendered by the CVO. The HR Office

is responsible for submitting the required paperwork to the CVO for PHS staff expressing an interest

and applying directly to their office.

Upon receipt of a certificate, institution HR staff provide the appropriate HSD Representative with

copies of all applications received for these positions. After reviewing the applications, the HSD

Representative contacts the CEO to discuss any concerns or additional information to be obtained

during the interviews. The HR Office initiates standard procedures to complete the pre- employment

process.

After the applicants have been interviewed and other pre-employment requirements have been met,

the CEO forwards the proposed selection, along with the files of all the applicants, to the appropriate

HSD Representative to review. The HSD Representative contacts the CEO to make

recommendations and discuss any concerns regarding the selection. The CEO is delegated the

authority to select medical and dental officers from certificates only after consultation and

concurrence with the HSD Representative. Selections for Clinical Director require final approval

from the Medical Director/Assistant Director, HSD.

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Section 5. Employment of Relatives

1. PURPOSE AND SCOPE

To establish rules affecting the employment of relatives.

Directives Referenced

5 USC 3110

5 CFR 310.102

2. PROCEDURES

Section 3110 of Title 5, U.S. Code, states that a public official may not employ, appoint, promote,

advance, or advocate for employment, appointment, promotion, or advancement for a relative over

whom he/she has jurisdiction or control. For most positions, there is enough discretion with the

actions listed above so that this is not a problem. A few positions, however, such as Warden, non-complex Associate Warden, and Human Resource Manager are by policy intimately involved in

these processes.

Therefore, it is the policy of the Federal Bureau of Prisons to prohibit the hiring of a relative of a

Warden, non-complex Associate Warden, or Human Resource Manager at the same institution/

complex. Also, close relatives such as a husband, wife, or domestic partner must not be placed in the

direct supervisory chain.

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Section 6. Maximum Entry Age for Law Enforcement Positions

1. PURPOSE AND SCOPE

To delineate maximum entry age for law enforcement positions.

Directives Referenced

5 U.S.C. 8331

DOJ Order 1200.1, Part 1, Employment

Robert P. Isabella v. Department of State and OPM

5 CFR 338.601

2. PROVISIONS

Effective June 4, 1991, under the authority of Public Law 100-238, the Attorney General raised the

maximum entry age for law enforcement positions in the Department of Justice to be the date

immediately preceding one’s 37th birthday. The definition of law enforcement officer for the purpose

of this provision specifically includes employees of the Bureau of Prisons whose duties require

contact with individuals incarcerated in Federal correctional facilities.

3. EXCEPTIONS

The Department of Justice has excepted medical officers, dental officers, Catholic chaplains, Islamic

chaplains, Jewish Rabbis, nurses, nurse practitioners, and physician assistants from the maximum entry

age.

4. WAIVERS

A waiver of the maximum entry age requirements may be requested for any law enforcement position.

A waiver may be granted that allows the appointment of a candidate up to the date immediately

preceding his/her 40th birthday. The Director of the Bureau of Prisons is authorized by the Attorney

General to approve a waiver of the maximum entry age for persons appointed to any law enforcement

position preceding their 40th birthday. Waivers for applicants over the age of 40 for other occupations

require the approval of the Department of Justice. Requests for age waivers are submitted to the

Staffing and Employee Relations Section (SERS) and must include:

■ Memorandum from the CEO to the Bureau Personnel Director describing unsuccessful

efforts to recruit applicants under the age of 37 (Attachment D).

■ Copy of signed SF-39 and coded certificate of eligibles, if the candidate is being considered from

an OPM register, or

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■ Copy of the VAIF and signed Merit Promotion Certificate or signed Direct Hire Certificate, if

being considered under these procedures.

■ Copy of the position description cover sheet and position description for the vacancy.

■ Copy of the applicant’s OF-612 or resume.

5. WAIVERS FOR THE MAXIMUM ENTRY AGE FOR VETERANS’ PREFERENCE

ELIGIBLES

Consistent with Robert P. Isabella v. Department of State and Office of Personnel Management,

qualified preference eligibles are to be considered for vacancies regardless of whether they exceed

the maximum entry age requirements. Requests for waivers to the maximum entry age for veterans’

preference eligibles must include:

■ Memorandum from CEO through the Regional Director to the Assistant Director, HRM

requesting the waiver (Attachment E).

■ Copy of the applicant’s DD-214, Certificate of Release or Discharge from active duty, verifying

veterans preference.

■ Copy of SF-15, Application for 10-Point Veterans Preference, if applicable.

■ Copy of letter from the Department of Veterans Affairs or Armed Forces documenting

percentage of disability.

■ Copy of signed SF-39 and coded certificate of eligibles, if the candidate is being considered from

an OPM register.

■ Copy of the position description cover sheet and position description for the vacancy.

■ Copy of the applicant’s OF-612 or resume.