The consistency of the penalty with any applicable agency table of penalties; 8. The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. A supervisor cannot just say it; he/she has to prove it. In contrast, an employee with multiple priorcases of discipline is likely to face a much greater amount of discipline owing to that factor alone. A Table of Penalties is a list of . Explanation, if relevant: (4) The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability.Relevant? 14.CC:s CCs always include the deciding official and may include a human resources office official and/or legal counsel in accordance with your Agencys practice.CC: PAGE PAGE 9 / 0 1 2 3 ? 51, 8 (2001). In theory, discipline should be both corrective and progressive. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. It reduces maximum penalties for offenses like murders and other homicides; armed armed home invasion burglaries; armed armed carjackings, as I mentioned; armed robberies; unlawful gun . !%7K81E8zi. Points to issuance specifically, to warrant mitigation where, and explore all other commenters stated above that. In 1981, the Douglas vs. Veterans Administration (5 MSPR 280) case laid out 12 criteria now known as the Douglas Factors that the U.S. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. The table of penalties can be a useful guide to an agency's wishes, but remember, the Merit Systems Protection Board has the final say. 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. Contact your employee relations advisor to get the information to fill in the blanks. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. When looking for an attorney make sure they have experience handling federal-sector employment cases. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining . Ultimately, managers are people too. Don't force misconduct into a listed offense unless it accurately fits. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Not only the first, this is also the most important Douglas Factor, as the MSPB has directly statedthatthe most significant Douglas factor is the nature and seriousness of the misconduct and its relation to the employees duties, position, and responsibilities, including whether the offense was intentional or was frequently repeated. Luciano v. Department of the Treaswy, 88 MSPR 335 (MSPB 2001). In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case. Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. Some Federal Agencies require the proposing official to conduct a Douglas analysis and include the proposal, others do not. <>>> Federal agencies may take disciplinary action against employees who engage in misconduct. If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. They know the stress of a career, they know how life can be difficult. An official website of the United States government. In addition, actions . If an employee is unwilling to even take responsibility for their actions, how can a manager be confident they will be rehabilitated after they are disciplined? The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). Breaking an obscure rule will be viewed less harshly than breaking one that is well publicized, and particularly one on which the employee was given specific notice. Managers should contact the OIG or law enforcement where criminal conduct is suspected or alleged. Sample 2: You have the right to review the material relied on to support this proposed removal. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). For example, in this type of case we would argue that you cannot issue a light penalty (e.g., 7-day suspension) for one federal employee and propose a 60-day suspension for another employee where the nature of the alleged conduct is so similar. If you are a federal employee facing discipline, this article can help you understand what factors your managers are contemplating as they make a decision on your case. ALL RIGHTS RESERVED. After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. Those in positions of higher levels of trust and authority, such as supervisors, are held to a greater level of accountability than those in non-supervisory positions. EAP can be reached by calling 1-800-XXX-XXXX. The idea is that discipline is meantto be corrective and progressive. Sample: Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. Deciding officials should do a Douglas analysis in every case, except when Congress . Yes___ No____The analysis of this factor involves much more than a supervisor's statement that he/she has lost confidence in the employee. Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. hb```f``2c`a`,c`@ r, ^Ma Relevant? You wont know unless you make it a point of conversation, but in many instances its worth the effort to approach management with creative alternatives, since there is very little downside. B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# If you are a federal manager reading this article, it will help you understand the kind of analysis you should be engaging inwhen you apply the 12 Douglas Factors to the specific facts of a discipline case. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . You will be notified in writing of the final decision. For instance, if a mental health issue or addiction caused problems on the job but the employee has since sought out effective treatment that may be an acceptable alternative. rDA(dCpY0!G8#rDA(9un\##HH_|?;y.?yA>1i|e,Q}ptWS8?/Gz The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Important things to consider for this factor are how long you have been employed by the federal government generally, and your agency specifically (if you were previously in the armed forces or worked for another civilian agency). Before sharing sensitive information, make sure youre on a federal government site. Discipline can range from letters of reprimand to short suspensions. Merit Systems Protection Board still follows today. For this Douglas factor there are a number of ways in which to argue that a reduced penalty would serve the same purpose as something more serious (e.g. This Quick Start Guide covers the following Key Points: 1. Any personal issues going on around the time of the misconduct should be brought to the attention of management. Can someone help me present the Douglas Factors to management? %PDF-1.5 % Therefore, you should anticipate factors the deciding official may focus on and structure your presentation accordingly. The site is secure. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. Negligent or accidental incidents will be viewed more favorably than intentional acts. [;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( There are certain standards of behavior and conduct expected of employees by our external and internal customers. Yes___ No____This factor recognizes a relationship between the employee's position and the misconduct. The thrust of this factor is that the more prominent the position, or more trust and power you hold in the position, the more seriously the agency is going to view any misconduct you engage in. 5 Douglas v. Veterans Administration, 5 M.S.P.R. Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors.1 They do not specify mandatory discipline.2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply. endobj Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. Generally, one of the most important areas in defending a federal employee in these types of cases involves arguing the application of the Douglas Factors in attempting to mitigate (or reduce) disciplinary penalties issued in a case. Relevant? Explanation, if relevant: (10) Potential for the employee's rehabilitation.Relevant? For example, a law enforcement officer is charged with enforcing laws. Producing a doctors note to management confirming the hospitalization supports the validity of your claim and will be harder for management to overlook than had you just made a verbal assertion of the same. Federal government websites often end in .gov or .mil. For example, an attorney wont have to expend nearly as much time preparing a really solid oral-reply than they would expend preparing for a full administrative hearing at the Merit Systems Protection Board. For federal employees, understanding of the factors can help when preparing a reply presentation; by taking each factor into account, an employee can present relevant evidence to support their position. The Douglas Factors should be considered in selecting a penalty. For example, an allegation of dishonesty would be treated . Postal Service v. Gregory, 534 U.S. 1, 5 (2001) (noting that the agency bears the burden of proving its charge by a preponderance of the evidence and that, [u]nder the Boards settled procedures, this requires proving not only that the misconduct actually occurred, but also that the penalty assessed was reasonable in relation to it); Lachance v. Devall, 178 F.3d 1246, 1256 (Fed. If not, include delivery confirmation by the postal or delivery service. Factor 9: The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. You have the right to reply to this proposal orally and/or in writing and furnish any evidence in support of your reply within fifteen (15) calendar days after the date you receive this proposal. After reading this guide, if you want to read further on the topic of federal employee discipline, you mayfind our guide toMSPB and discipline cases helpful. Generally, this argument is used by a federal employee to support a reduction in penalty based on their good record of service to their agency (e.g. The range of penalties described in the Table is intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a variety of reasons. Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). For example, where a federal employee has been placed in an unpaid suspension over the course of several months while an investigation was pending, we would argue that this should be considered as part of the penalty served so that the ultimate penalty issued should be reduced. removal). Douglas Factors matters vary from case to case and federal employees should consult with an attorney. hmo0 U6S!)Mh~wP`B|)ZAp!= xCKno:Phj-bXJbAw,,M]KO2]fka8c iGusuOIt XG.2o*XYa&5'0>lw,Utr;(}s]6rqGp_g5>G7eucOL_>& In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. This factor is generally used for purposes of mitigation unless an employee has a past similar disciplinary action. As a general rule, the more negative publicity caused by an offense, the harsher the discipline. 2 0 obj Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. Only relevant factors must be included. These terms are used commonly in Douglas Factors application. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. How does action taken promote the efficiency of the service? The Douglas factors are critical for federal employees facing a pending disciplinary action or for those at the MSPB on appeal. We have argued, in cases for federal employees, that a different penalty (i.e., other than the one proposed by an agency) is more than adequate in a certain case and still serve the same disciplinary purpose as a more steep penalty. Starr Wright USA is a division of Starr Insurance Companies, which is a marketing name for the operating insurance and travel assistance companies and subsidiaries of Starr International Company, Inc. and for the investment business of C.V. Starr & Co., Inc. https://www.mspb.gov/studies/adverse_action_report/10_DeterminingthePenalty.htm, https://www.mspb.gov/mspbsearch/viewdocs.aspx?docnumber=253434&version=253721&application=ACROBAT, https://www.ivancielaw.com/federal-employment-law/what-are-the-douglas-factors/, https://www.opm.gov/policy-data-oversight/employee-relations/reference-materials/douglas-factors.pdf. Yes___ No____What needs to be done to deter the conduct in the future by the employee or others? Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. Can an employee take responsibility, correct their behavior and come back to the job? Managers must also consider the scope of the misconduct in the context of an employees position and job duties. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in . Agency's table of penalties recognizes this severity in establishing ranges of penalties for
National Geographic Super Gross Chemistry Set Instructions Pdf, Waterboy Medulla Oblongata Quote, Articles T