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.