ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

Providing an Order of Succession Within the Federal Mediation and Conciliation Service

This memorandum establishes the order of succession for the Federal Mediation and Conciliation Service (FMCS), specifying that the Deputy Director for Mediation Services and Field Operations, then the Deputy Director, then the most senior Regional Director, shall act as Director if the position becomes vacant. It includes exceptions for acting officials and preserves presidential discretion to depart from this order.

Federal Register Open PDF 81 FR 96333

Impact dates

  1. Memorandum effective upon issuance

Key directives

  • Establish order of succession: Deputy Director, Mediation Services and Field Operations; then Deputy Director; then most senior Regional Director
  • Exclude individuals serving in listed offices in acting capacity from succession
  • Require eligibility under Federal Vacancies Reform Act for acting service
  • Preserve presidential discretion to depart from this order
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Order of succession takes effect upon issuance

Near term (90d)

—

Long term

  • Applies to any future vacancy in FMCS Director position

Risks & tensions

  • Potential ambiguity in 'most senior' definition resolved by tenure-based standard
  • Presidential discretion clause in Section 2(c) may undermine fixed succession order in practice
  • Standard disclaimer in Section 3(a) limits enforceability by affected parties
Presidential Memorandum: Providing an Order of Succession Within the Federal Mediation and Conciliation Service · Executive Orders