The hallmark of pre-selection is the use of a legitimate format, such as an excepted appointment authority, as a vehicle to hire the person desired by management. But in today's climate, when reporting superiors' misdeeds is widespread among government employees, the chances of pre-selection escaping official notice are slim. Furthermore, a manager cannot claim ignorance of the law or disassociate himself from the action by leaving the details up to the folks in personnel. Most allegations of administrative misconduct by federal employees are investigated by inspectors general or by in-house entities known as offices of internal affairs, inspection, or professional responsibility.
Management then can ordinarily take whatever action it deems fitting, or none at all.
The OSC is an independent organization charged by Congress with investigating prohibited personnel practices. Among the most well-known are whistleblower retaliation, Hatch Act violations, and actions or threats against employees pursuing appeals, complaints or grievances. OSC also can investigate allegations of discrimination but ordinarily defers to the Equal Employment Opportunity Commission on such cases. OSC is the 800-pound gorilla of investigative agencies because it hands down the administrative equivalent of criminal indictments against employees instead of merely referring cases back to the agencies for resolution. Middle managers, senior executives and even agency administrators have been fired, demoted or suspended as a result of OSC actions.