table of penalties douglas factors

Such cases call into question an employees ability to perform their specific job duties with integrity. hb```f``2c`a`,c`@ r, ^Ma In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. The Douglas factors are probably the most important factor in determining the outcome ofany federal employees discipline case. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. endstream endobj startxref If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. 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 determining an appropriate . When looking for an attorney make sure they have experience handling federal-sector employment cases. The final Douglas Factor asks both manager and employee to consider alternative penalties. Non-disciplinary counseling, guidance memoranda, provision of Agency policy to the employee and requiring the reading and signing of certain rules are methods to communicate what are the requirements of conduct in the workplace. An overlooked factabout the cost of hiring an attorney is that they can actually save you money. i^G0OB 0_1_hF>hF>hFyhFyhH}1-|5Wc3[#o5[#o5C#<4C333c^4E#_|5W#_|5W#o5W#_|5qqE^ymF^ymF^ymF>{pC^ymF^ymu%+y]J^Wu%+y]J>WJ^W|k1JUU{N;:NwtDF"GQH D;KU#zY]Eq!,B!hdRt2)ZL@@@@@'EIKL.1bFL)]S)Y [ UX` -[ @n}[jr}Sr S=G @2@dfxj-BtAQ 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. COPYRIGHT 2023. These factors are used to argue that disciplinary charges for federal employees, even if true, should still result in a lower penalty than the one proposed. Explanation, if relevant: (7) Consistency of the penalty with any applicable agency table of penalties. %%EOF Ultimately, the more credible evidence you can provide to support your position the better. 11.Representation Paragraph(s): Sample: You have the right to be represented by an attorney or any other individual of your choice provided such representation does not constitute a conflict or an apparent conflict of interest with your representatives duties. PDF The Douglas Factors - United States Office of Personnel Management Do you need a table of penalties in OPM? A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. 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. If you were going through a divorce, your child was hospitalized, or a family member had passed away, you should be explaining these mitigating factors to management. Factor 8: The notoriety of the offense or its impact upon the reputation of the agency. Consistency of the penalty with any applicable agency table of penalties; 8. Misconduct and Discipline | U.S. Department of the Interior 1.1 The twelve keys to the outcome of your discipline case 1.2 Background - Source of The Douglas Factors 1.3 The Douglas Factors 1.4 Analysis and Explanation of each Douglas Factor endobj Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). The Douglas Factors . As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. The Douglas factors 8. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. ______________________________ __________________ (Name) (Date) Sample: If employee cannot be reached personally at the time of the proposal: I certify that I sent this proposed action to (Employees Name and address) on (Date) by both certified and express mail. 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. This Douglas factor also looks at whether an allegation is part of a pattern of similar conduct (repeat offense) and whether the actions at issue were intentional or a mistake. The key inquiry here is whether like and similar cases have resulted in close-to-the-same discipline you are facing in your case. Check with your labor relations advisor. Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor. 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. Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. To some extent, this is a subjective question. 280 (1981). Relevant? For more information, visit WrightUSA.com. The use of a federal employees past disciplinary record is one of the more commonly cited Douglas factors. What every federal employee facing discipline should be familiar with: The Douglas Factors. You should review the table to make sure that your discipline is in keeping with this table. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . Explanation, if relevant: (10) Potential for the employee's rehabilitation.Relevant? Factor: Notoriety and impact 3. Additionally, the Board cannot review the reasonableness of a penalty that is set by law. This material will be made available for review to you and/or your designated representative by contacting the (NAME & PHONE of POC) to arrange a mutually convenient time. generadores de diesel precios The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . If not, include delivery confirmation by the postal or delivery service. If you can make a strong enough case the Administrative Judge (AJ) may modify or cancel the discipline in your case. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. However, it is important to argue this Douglas factor where a prior federal employee case of a similar nature resulted in a lower disciplinary penalty. It is important to note a case was recently lost in another government agency when the deciding official stated the Agency's zero tolerance policy on workplace violence required him to remove the employee from governmental service. Spending the money upfront on representation at your oral-reply,could save you from spending thousands of dollars fighting your case at the Merit Systems Protection Board. Essentially, this factor asks: was the offense committed one that calls in question the employees ability to continue performing his job? The Table of Penalties in the Departmental Manual (370 DM 752) provides a non-exhaustive list of types of misconduct for which the Agency can discipline employees. For instance, if an employee who works in finance is caught stealing, their supervisor may no longer trust them to handle money. The site is secure. This means that when evaluating the seriousness of an offense, a manager must consider whether the misconduct was intentional, inadvertent or the result of negligence. The more notorious the offense you commit the more severe the discipline you will face. Relevant? Misconduct is also considered more severe if it is done maliciously or for personal gain. Determining the Penalty - United States Merit Systems Protection Board The key is credibility. -What kind of recovery can I get in my discrimination case? Cir. 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. @b o $&F Sq70 # Postal Service, 634 F.3d 1274, 1279 (Fed. 280 (1981), the following factors may influence the decision as to whether any formal disciplinary action should be imposed at all, or whether such action might be less severe (mitigating) or more severe (aggravating) than the typical range shown in the Table of Offenses and Penalties. Agency's table of penalties recognizes this severity in establishing ranges of penalties for 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 . Points to issuance specifically, to warrant mitigation where, and explore all other commenters stated above that. Other times, when there are medical issues related to the offense we can use this argument to attempt to mitigate the proposed penalty. Your misconduct adversely affected not only the work you were assigned but required that your coworkers perform your duties as well taking time away from their assigned work. 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. 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. 280 (1981) These factors are used to explain why the penalty was chosen. Relevant? 72 0 obj <>stream Cir. posted June 9, 2003. Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. Berry & Berry PLLC. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Explanation, if relevant: (2) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. EachDouglas Factor can work for or against an employee depending on their specific case. You should not list a factor unless it is relevant. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. \|Y,y#}|\G|u|.;HWO)58rHY.+ry9$~]BJNwn;`L\RU=TDrwumX=XDjuh:bIvMQg:u?*:qKK~#q!?). 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). On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. For instance, if the federal employee at issue has worked for the federal agency involved for 30 years, and has never received prior discipline during that time this can be used to attempt to reduce the proposed discipline. Internal Control Evaluation, page 21 . Your job as an employee is to support your position as best as you possibly can. 280, 290 (1981). 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. You need to look at the specifics of your case in light of the twelve factors. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. Don't force misconduct into a listed offense unless it accurately fits. Do not deny the existence of bad facts. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. Heres what anyone who works for the federal government needs to know about the Douglas Factors. Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. . If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. Explanation, if relevant: (5) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties. So, if you do not conform your conductafter being disciplined the first time the penalty will be increased in hope that the misbehavior will cease as you respond to harsher discipline. Go through each Douglas Factorand try to write down points that arein your favor and points that are not in your favor for each one. For instance, we have argued that instead of removing a federal employee that they should instead receive a suspension. In many cases, managers act as deciding officials in discipline cases. Douglas Factor Mitigation for Federal Employees First, the employee must have been informed of the action in writing; second, the employee must have been given an opportunity to dispute the action by having it reviewed, on the merits, by an authority different from the one that took the action; and third, the action must be a matter of record. Performance-Based Actions under Chapters 43 and 75 of Title 5 - Similarities and Differences, Different Types of Adverse Actions Use Different Rules, Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply, Decision-Maker Must Listen and Have Power to Decide, Connecting the Job and the Offense ("Nexus"), Labels are Not Required, but if Used They Must be Proven, How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty, Avoid Facilitating Prohibited Personnel Practices (PPPs), Agency Officials' Substantive and Procedural Errors and How to Fix Them, Identifying Probationers and Their Rights, The Limited Powers of the U.S. The Douglas factors are critical for federal employees facing a pending disciplinary action or for those at the MSPB on appeal. Once you have a few key factors you should try to collect any supporting evidence that may be helpful, like doctors notes, proof of counseling sessions, etc. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). <> Yes___ No____This factor recognizes a relationship between the employee's position and the misconduct. Explanation, if relevant: (6) Consistency of the penalty with those imposed upon other employees for the same or similar offenses. At the MSPB, you, or an attorney you hire, will argue your case and present evidence related to the Douglas Factors analysis.

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