table of penalties douglas factors

After you have this list it should become pretty clear to you which Douglas Factors you want to focus on with management. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. This factor deserves some detailed explanation since it is one of the less self-apparentof the factors. Factor 8: The notoriety of the offense or its impact upon the reputation of the agency. 4 0 obj Acknowledgement of Receipt: ______________________________ __________________ (Employee's Name) (Date) Sample: If employee fails or refuses to sign the acknowledgement: Sample: I certify that I handed this proposed action to (Employees Name) on (Date). They know the stress of a career, they know how life can be difficult. The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. Cir. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). If an employees misconduct generates publicity and negative attention to an agency or otherwise damages its reputation, expect a more severe penalty. In theory, discipline should be both corrective and progressive. %PDF-1.6 % A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. There are certain standards of behavior and conduct expected of employees by our external and internal customers. This Douglas factor is important and we use this argument in our representation of federal employees. The idea is that discipline is meantto be corrective and progressive. (Use sample 1). If an employee was experiencing stressful situations such as a mental health issue, divorce or a death in the family that contributed to the offense, they may present those and ask for leniency. Alcohol-related: (1) Unauthorized possession of alcoholic beverages while on VA premises. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 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. MSPB decision. 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. 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. The more notorious the offense you commit the more severe the discipline you will face. A competent attorney canhelp you lower your discipline at the early stages of process all together avoiding the expense of litigating your case later. 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. Explanation, if relevant: (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? An overlooked factabout the cost of hiring an attorney is that they can actually save you money. In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case. The Douglas Factors . 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. 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. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. 4.Charge: (Alleged misconduct - the reason the action is being proposed) Samples: Charge: Unauthorized Absence(Number of offense if applicable) or Charge: Unauthorized Absence Third Offense 5.Specification(s): The facts and evidence that establish the misconduct charged took place. %PDF-1.5 % Typically, a federal employee will be proposed for disciplinary action in a case based on a violation of a particular agency rule. This factor is listed last because this consideration should occur after a thorough analysis of all the other Douglas Factors. If you are low level employee with no supervisory functions this factor should have some mitigating value. Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme. xfg! The first time an employee is Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). 7 Douglas v. Veterans Administration, 5 M.S.P.R. If you can present concrete and credible evidence of such mitigating factors, it will go a long way to helping your cause. 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. This Factor takes mitigating circumstances into account. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. such factors as the value or the property or amounts of employee time involved, and the nature of the position held by the offending employee which may Factor 5: The effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees ability to perform assigned duties. 1349(b) requires a suspension of not less than one month for the use of a Government vehicle for other than an official purpose, and the appellants actions were closely analogous, it would be inappropriate for the Board to scrutinize whether the agencys penalty of a 30-day suspension was warranted). 10 Ward v. U.S. You and your representative, if an agency employee, will be allowed a reasonable amount of official time to assist you in your reply, to review the material relied upon to support the reason for the proposed action, and to prepare and present your written and/or oral reply. If youre facing a 30 day suspension and an attorney helps you get it lowered to 15 days, they have essentially just saved you two weeks of your pay. In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. 8 Lachance v. Devall, 178 F.3d 1246, 1260 (Fed. The Federal Starr is a publication by Starr Wright USA. 2 0 obj Explanation, if relevant: (7) Consistency of the penalty with any applicable agency table of penalties. Cir. { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice. As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. Most importantly, employees need to be aware that once they have a disciplinary record, it makes defending new discipline cases much more difficult. 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 If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). Berry & Berry PLLC. Berry & Berry, PLLCrepresents federal employees in these types of federal employment matters and can be contacted at (703) 668-0070 or www.berrylegal.com to arrange for an initial consultation regarding Douglas factor and other federal employment issues. Douglas Factor Analysis. EAP can be reached by calling 1-800-XXX-XXXX. Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor. We are all human, we all make mistakes, how you handle those mistakes speaks volumes about your character. The more notice you have of the prohibition on certain conduct the strongerargument management has for issuing discipline if you engage in that misconduct. 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. Consistency of the penalty with any table of penalties an agency may have . 2012) (internal citations and punctuation omitted). This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. A federal agency's table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. The following is a list of 12 Douglas factors that must be taken into consideration and explanations as to how they can apply to federal employee cases. Do you need a table of penalties in OPM? Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? A supervisor cannot just say it; he/she has to prove it. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. Generally, this factor tends to be used more by a federal agency to aggravate (increase) the proposed disciplinary penalty. 3 Douglas v. Veterans Administration, 5 M.S.P.R. While each case is different, seeking alternatives may be useful. What kind of recovery can I get in my discrimination case? Employees who can appeal an adverse action to the Board have constitutional due process rights. Generally, this factor comes into play when an employees alleged misconduct has been reported by the media (press or television). 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. This guide has beenprepared by an attorney with extensive experience practicing before the MSPB, both as a representative of federal agencies, and as a representative of federal employees. 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. 1 0 obj For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. The argument in this type of case would be that the Agency has not truly lost confidence in the federal employees ability to perform their duties. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. 7513, the agency must notify the employee of the factors it will consider regarding the penalty and provide the employee with the opportunity to respond.9 As explained in our article, Agency Officials Substantive and Procedural Errors and How to Fix Them, because this is a matter of constitutional due process rights, an agencys failure to provide notice and a meaningful opportunity to respond regarding the penalty is a violation of the employees substantive rights. Therefore, I am proposing your removal from the Federal service to promote the efficiency of the service. the case of Douglas vs. Veterans Administration, 5 M.S.P.R. The Douglas Factors (wiki) are comprised of 12 different points of analysis which a federal manager must consider when they act as a deciding official in a discipline case. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). If this is impractical to do, use Sample 2. In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. affidavits, performance ratings, SF-50s, letters of commendation) for the record. endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream 1985). One of the basic tenets of the administration of "just cause" is the even-handed application of discipline. With responsibility comes greater obligation and scrutiny. For example, a federal agency may attempt to use the particular position that a federal employee holds (e.g., high-level supervisorsuch as Senior Executive Service [SES]) or type of position (e.g., law enforcement) as an aggravating factor. Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. 3 0 obj Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$Xjuk.ku u4RunO|zSp :*NPS0EI]9w]qk.9r>?^|xPG/~A}zI}Nw/o~SBE4*8VT?icyyrl9/srOW#L9}%N%NN}L;=+xoiE94f}9qnF~{15 PxBOGy:#/ 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. This Douglas factor generally involves how much the public has been advised of a federal employees alleged misconduct. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios This factor lends itself most to employees arguing for leniency in their case. Opinions expressed in this article are for informational purposes only and do not constitute legal advice. If you want you can download and read the fullDouglas v. V.A. Can someone help me present the Douglas Factors to management? Yes___ No____The analysis of this factor involves much more than a supervisor's statement that he/she has lost confidence in the employee. removal). Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. <> However, the principle of "like penalties for like offenses" does not require perfect consistency. 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. It is often the case that a federal employee has been charged with a violation of agency rules but has not been properly trained with respect to these rules or regulations. The Douglas factors 8. Whether you use two charges in this case will depend upon the evidence available. Why can such behavior not be tolerated? consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . Relevant? The Table provides for more serious penalties for . Just knowing the rules, however, cant fully protect you if a case should arise. While some federal agencies attempt to use this Douglas factor in an effort to attempt to increase a federal employees disciplinary penalty, we have found that this factor is extremely helpful for purposes of a reduction in the employees penalty. The twelve keys to the outcome of your discipline case, Background Source of The Douglas Factors, Analysis and Explanation of each Douglas Factor, The nature and seriousness of the offense, relation to employees duties, and intent. Only relevant factors must be included. B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# stream The Douglas Factors: Disciplining employees is a fact of life. This Quick Start Guide covers the following Key Points: 1. 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. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Heres what anyone who works for the federal government needs to know about the Douglas Factors. Offenses related to intoxicants. The ninth Douglas Factor asks whether an employee knew or should have known about the potential implications of their actions. Specific evidence/testimony as to why an employee can no longer be trusted is critical. the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. In some instances, however, an employees misconduct will be so severe its obvious they cant be rehabilitated and brought back on the job. Discipline can range from letters of reprimand to short suspensions. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. 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. The result will turn on the specifics of your case and the procedural posture as well. 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 [_S>,o)ZyfL_{*4^BOoss%U'jYM^>Ydw%>=z+l'?@_+S]6EO+<=_)^;/ycCwhiE[qsA[]~w_}xxwo~y3boK&rVkOk [6#e|:. This Douglas factor is not one of the more commonly cited Douglas factors. This factor is generally an afterthought for both management and employees. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Can an employee take responsibility, correct their behavior and come back to the job? 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. Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. Ultimately, the more credible evidence you can provide to support your position the better. Do they have a positive track record? Visit WrightUSA.com to start your policy! Leverage the Douglas Factors properly at your Oral Reply, and you may avoid a costly MSPB Case Later. Please designate your representative, if any, by name, address, position, and employer in a signed statement, and forward that statement to (Deciding Official's Name) at the above stated address, before the expiration of the reply period. If youre a law enforcement officer and you have been convicted of assault it is likely that your supervisor will lack confidence in your ability to follow and enforce lawswhich cuts to the very core of your duties as a law enforcement officer. The notoriety of the offense or its impact upon the reputation of the Agency; 9 . Guidelines for determining appropriate penalties 2 - 3, page 8 Additional considerations 2 - 4, page 8 Chapter 3 Table of Offenses and Penalties Guidance, page 9 General 3 - 1, page 9 Offense column 3 - 2, page 9 Penalty column 3 - 3, page 9 Appendixes A. References, page 18 B. Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ This factor looks to the status of the employee. 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 . Conclusions and vague statements do not hold much weight with third parties. @ Q W % & ' ( ) * P X }ppfU h hu CJ OJ QJ ^J aJ hu OJ QJ ^J h hu OJ QJ ^J hV h OJ QJ ^J hG CJ OJ QJ ^J aJ hG hG CJ OJ QJ ^J aJ hG OJ QJ ^J h OJ QJ ^J h58 OJ QJ ^J hV hV OJ QJ ^J h5U OJ QJ ^J h hV OJ QJ ^J hV h5U hV CJ OJ QJ ^J aJ / 0 3 Y | & t z kd $$If l 0 . %%EOF 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. The employee's job level and type of employment . The reason(s) for this action is (are) specified below. 280, 302 (1981). !%7K81E8zi.

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