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. And even if the circumstances surrounding the misconduct incident may be substantially similar, the penalty imposed may be different based upon an independent evaluation of the other Douglas Factors. Explanation, if relevant: (10) Potential for the employee's rehabilitation.Relevant? ______________________________ __________________ (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. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? \|Y,y#}|\G|u|.;HWO)58rHY.+ry9$~]BJNwn;`L\RU=TDrwumX=XDjuh:bIvMQg:u?*:qKK~#q!?). 2015). Factors considered are the employee's job level and the type of employment that may include a supervisory or fiduciary role, contacts with the public, and prominence of the position. If you follow this guide, and focus on the factors that support your position, and provide credible evidence in support of your points, you will have gone a long way towards lowering the amountdiscipline you will receive. Additionally, your coworkers have their own assignments. Negligent or accidental incidents will be viewed more favorably than intentional acts. An overlooked factabout the cost of hiring an attorney is that they can actually save you money. An example of an aggravating factor would be an employee who has been previously discipline for the same misconduct two times within the last year. Managers must apply penalties that are similar to those imposed in like cases. These factors are the following: 1. The Table provides for more serious penalties for . You will be notified in writing of the final decision. This Douglas factor generally involves how much the public has been advised of a federal employees alleged misconduct. 72 0 obj <>stream 502, 508 (1994) (holding that because 31 U.S.C. 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. Only relevant factors must be included. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. If they refuse, your only recourse may be arguing your adverse action before the Merit Systems Protection Board (MSPB). PDF Table of Penalties for Title 5, Hybrid Title 38, and Title 38 Employees The nature and seriousness of the offense, and its relationship to the employee's . You should review the table to make sure that your discipline is in keeping with this table. 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. Reston, VA 20190. If you want you can download and read the fullDouglas v. V.A. generadores de diesel precios 51, 8 (2001). Explanation, if relevant: (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? Factor 10: Potential for the employees rehabilitation. Douglas factors can be used as mitigating or aggravating factors so it is important to fully understand the application of both types of legal arguments. In some instances, you may want to request that management reconsider your case. PDF DOI Department Manual Table of Offenses and Penalties Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. 280 (1981) These factors are used to explain why the penalty was chosen. 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. A final decision will not be made in this matter until your written and/or oral replies have been received and considered, or, if no reply is received, until after the time specified for the replies has passed. 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. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. 8 Lachance v. Devall, 178 F.3d 1246, 1260 (Fed. On the surface, many incidents of misconduct may seem to be similar. 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. Factor 8: The notoriety of the offense or its impact upon the reputation of the agency. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. 1999). When looking for an attorney make sure they have experience handling federal-sector employment cases. 280, 302 (1981). hbbd``b`:$ Hd V$D? a. Press Briefing by Press Secretary Karine Jean-Pierre consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . 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. Ability to perform, and supervisory confidence, Consistency of the penalty with other cases, Consistency of the penalty with agencys table of penalties and offenses, Adequacy and effectiveness of alternative sanctions, Applying the Douglas Factorsto your case. unless application of the Douglas factors supports a penalty outside that range or if a statutory penalty applies such as willful misuse of a Government vehicle. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). Any personal issues going on around the time of the misconduct should be brought to the attention of management. If you list a factor you must explain why it is relevant. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). rDA(dCpY0!G8#rDA(9un\##HH_|?;y.?yA>1i|e,Q}ptWS8?/Gz Note. Agency's table of penalties recognizes this severity in establishing ranges of penalties for posted June 9, 2003. 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. Obtain insurance protection for your career today. 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. Additionally, this factor looks at intent. 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. PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. 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. While each case is different, seeking alternatives may be useful. Additionally statements from managers or co-workers as to your ability and integrity will be helpful. If you are looking for a representative, note that we are not taking on any cases at this time. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. The site is secure. Douglas Factors for Federal Employees - berrylegal This factor lends itself most to employees arguing for leniency in their case. Don't force misconduct into a listed offense unless it accurately fits. Be clear, terse, and apologetic. 7 Douglas v. Veterans Administration, 5 M.S.P.R. Knowing what managers are looking for will aid your oral reply presentation, and could be what saves you your job with the federal government. Nor can it be doubted that the federal courts have regarded that authority as properly within the Commissions power. Douglas v. Veterans Administration, 5 M.S.P.R. MSPB decision. We are currently not taking any new cases at this time. One of the basic tenets of the administration of "just cause" is the even-handed application of discipline. It is more often used to attempt to aggravate a disciplinary penalty. If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. It is important to support this Douglas factor with significant documentary evidence (e.g., copies of performance records, letters of commendation, positive letters about performance by supervisors or members of the public, cash or performance awards, declarations or affidavits of supervisors). endobj U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. Starr Wright USA is the nations leading provider of FEPLI. Contact your employee relations advisor to get the information to fill in the blanks. On (DATE), you were scheduled to report to work at (TIME). Table Of Penalties Douglas Factors accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Relevant? Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). But do not highlight them either. If the offense is related to duties that are at the heart of an employees position, penalties may be more severe. 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. The use of a federal employees past disciplinary record is one of the more commonly cited Douglas factors. 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 Yes___ No____This factor is one of the more technically difficult to apply. 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 . Information provided is for educational purposes only, please consult with a licensed attorney before taking any action. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . 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. A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? Yes___ No____An employee's length of service and prior work record must be evaluated and be balanced against the seriousness of the offense. The more notorious the offense you commit the more severe the discipline you will face. Lets sayyou are facing a long suspension for showing up late to work for a long period of time because you are a recovering alcoholic and fell off the wagon for a few months. 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). As instructed by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), MSPB has no role in evaluating an agencys chosen penalty for a case proven under chapter 43 of title 5 (the chapter for demotions and removals based upon failure in a critical performance element).1, The Federal Circuit, interpreting decisions by the U.S. Supreme Court, has also held that, as a matter of due process, in actions taken under 5 U.S.C. This Quick Start Guide covers the following Key Points: 1. Can an employee take responsibility, correct their behavior and come back to the job? For example, one could argue that given the lack of prior discipline that a proposed removal should be mitigated to a suspension action. However, despite the importance of these criteria, many employees arent familiar with them. 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 applicable agency table of penalties; 8. Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? Consideration may be given to extending this time limit if you submit a written request stating your reasons for needing more time. A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. PDF Committee on Oversight and Government Reform U.S. House of This is a very fact specific factor and will depend on the managers opinion as much as the employees misconduct. (Use sample 1). 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. PDF Douglas Factors * in deciding disciplinary punishment of federal - AELE It is critical for the agency to articulate a relationship between the misconduct and the employee's position and responsibilities. disciplinary situations. In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. Cir. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. 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. Yes___ No____The notoriety of an offense or its impact on the reputation on the Agency is usually directly related to the seriousness of the misconduct and/or prominence of the employee's position. 6.Further Charges and Specifications: Repeat above format 7.Efficiency of the Service Rationale Paragraph(s): This paragraph typically includes the answers to the following questions: What rule(s) was (were) violated? In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case.
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