table of penalties douglas factors

Table 1-1: Table of Penalties for Various Offenses The following Table of Penalties is found in Army Regulations Online: AR 690-700, Chapter 751. These 12 factors play a key role in the outcome of federal employee discipline cases. 1999) (holding that the Board inherited mitigation authority in misconduct actions from the old Civil Service Commission). { 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. 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). 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. For instance, if an employee has committed misconduct but fully discloses his or her actions prior to an investigator finding out about the misconduct, this can be deemed to be a significant mitigating factor. 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 Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. Relevant? In many cases, managers act as deciding officials in discipline cases. Generally, this factor comes into play when an employees alleged misconduct has been reported by the media (press or television). What is the table of penalties? - idswater.com Agency's table of penalties recognizes this severity in establishing ranges of penalties for 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. This Douglas factor is not one of the more commonly cited Douglas factors. As a general rule, the more negative publicity caused by an offense, the harsher the discipline. Consistency of the penalty is shorthand for: is the action we are taking in your case the same or similar to other cases with similar facts. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. The Douglas Factors: What You Need to Know - Medium 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. For example, lets say you are arguing that there aremitigating factors present in your case (factor #11) because your child was hospitalized for a full month leading up to your misconduct. 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. h[M+}LX,? Misconduct and Discipline | U.S. Department of the Interior %%EOF These factors are: The nature and seriousness of the offense and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated. %PDF-1.5 12.Provision of Information Relied Upon Paragraph: Generally, the material (evidence such as witness statements, policies, regulations and the like) should be referenced and attached to the proposal. The more notorious the offense you commit the more severe the discipline you will face. Federal agencies may take disciplinary action against employees who engage in misconduct. PDF Table of Penalties for Title 5, Hybrid Title 38, and Title 38 Employees 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. ^K[i>P+hvSbfpNK"ly(O$qUGI']}Oy"VF>arP,NHD'9Ets/'n[?e>?=}2~H8\pa^j[u})Uq,mE?}EUWY O\[!ehbL% Sy wmdbwE,\VEwZXjy-$DG>[xmb[9O+gwY.qGVP5r#0av#a.vv_cvqWrbeEnL)?:9!!49 @h=bk8;&j. 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. The first Douglas factor, nature and seriousness of the offense, generally refers to the connection between the seriousness of the allegation and the position that an individual federal employee holds. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. Consideration may be given to extending this time limit if you submit a written request stating your reasons for needing more time. By contrast, the Douglas Factors are well known by managers becausethey have to reference and articulate how those factors interplay with the specifics of every disciplinarycase they preside over. The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. 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. For more information, visit WrightUSA.com. If intentional, malicious misconduct, repeated offenses, or misconduct undertaken for personal gain may incur harsher penalties. PDF The Douglas Factors 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. If you are looking for a representative, note that we are not taking on any cases at this time. In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. 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). In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. Cir. Factor 7: Consistency of the penalty with any applicable agency table of penalties. 2278 0 obj <>stream Note: If the employee is in a bargaining unit, your Agency should have alternate language for these paragraphs. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. That is why its important to use these factors to analyze the facts of each individualcasewhere the rubber hits the road. 3 Douglas v. Veterans Administration, 5 M.S.P.R. Employees who can appeal an adverse action to the Board have constitutional due process rights. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. 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 . 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. However, the seriousness of the offense and an evaluation of other Douglas Factors may outweigh an employee's positive work record. <> Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. 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. 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. Essentially, this factor asks: was the offense committed one that calls in question the employees ability to continue performing his job? However, an employee with no prior disciplinary record, good prior performance and job dedication would probably have good potential for rehabilitation. Management has likely even required you to review the table and sign a form asserting your knowledge of it. MSPB decision. 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 ? Additionally, you have the right to pick a representative of your choosing should you not have union assistance available to you, or you wish to hire a different a representative. 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. ELLU attorneys assist managers and human resource personnel in analyzing misconduct andconsideringappropriate discipline and adverse actions, in reviewing related proposals and decision letters, and defending the agency in appeals challenging adverse actions. The factors may mitigate or aggravate (1) The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated.Relevant? PDF DOI Department Manual Table of Offenses and Penalties The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. An example of a mitigating factor would be having no prior discipline in a 20 year federal career when applying Douglas Factors #3 and #4.

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