PDF Douglas Factors - AFGE How does action taken promote the efficiency of the service? In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. However, an employee with no prior disciplinary record, good prior performance and job dedication would probably have good potential for rehabilitation. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 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. These terms are used commonly in Douglas Factors application. Douglas Factors - Postal Reporter 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. 280, 290 (1981). generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios The Douglas Factors: What You Need to Know - Medium 1 Lisiecki v. Merit Systems Protection Board, 769 F.2d 1558, 1567 (Fed. This Douglas factor is not one of the more commonly cited Douglas factors. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. Some Federal Agencies require the proposing official to conduct a Douglas analysis and include the proposal, others do not. past performance). Discipline can range from letters of reprimand to short suspensions. 64 0 obj
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Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. PDF Chapter 4. Hud Table of Offenses and Penalties The 12 Worst Types Table Of Penalties Douglas Factors Accounts You Follow on Twitter 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. A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? 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. ^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. Cir. Factor 2: The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). 72 0 obj
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. This factor is listed last because this consideration should occur after a thorough analysis of all the other Douglas Factors. By William N. Rudman . Factor: Consistency with table of penalties 2. 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. 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 . What kind of recovery can I get in my discrimination case? Explanation, if relevant:
9.Employee Assistance Program Paragraph:
All Federal Agencies have EAP programs. 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. endstream
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The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). Cir. Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. 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? Yes___
No____Potential for rehabilitation can be both a major aggravating and mitigating factor. 1999). So, if they have been convicted of violating the law, say stealing, this factor will likely cut against them and lead to a more severe penalty. @b o $&F Sq70 #
Douglas factors can be used as mitigating or aggravating factors so it is important to fully understand the application of both types of legal arguments. Yes___
No____This factor is one of the more technically difficult to apply. Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme. Not only the first, this is also the most important Douglas Factor, as the MSPB has directly statedthatthe most significant Douglas factor is the nature and seriousness of the misconduct and its relation to the employees duties, position, and responsibilities, including whether the offense was intentional or was frequently repeated. Luciano v. Department of the Treaswy, 88 MSPR 335 (MSPB 2001). In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case. Deciding officials should do a Douglas analysis in every case, except when Congress . If an employee was experiencing stressful situations such as a mental health issue, divorce or a death in the family that contributed to the offense, they may present those and ask for leniency. It reduces maximum penalties for offenses like murders and other homicides; armed armed home invasion burglaries; armed armed carjackings, as I mentioned; armed robberies; unlawful gun . The Douglas factors are also referred to as mitigating factors. %PDF-1.5
%
You will be notified in writing of the final decision. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ One way to sway this factor in favor of an employee is to be contrite apologetic and to admit the misconduct you engaged in. 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. 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. 280, 305-06 (1981). PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties As a general rule, the more negative publicity caused by an offense, the harsher the discipline. 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. We argue this factor, in most cases, to attempt to reduce a proposed removal to a lower form of disciplinary action. 49 0 obj
<>
endobj
If you are looking for a representative, note that we are not taking on any cases at this time. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. %PDF-1.5
The Douglas Factors get their name from a 1981 MSPB decision holding that the MSPB would review an agency's penalty selection by applying factors that since have become known by the last name of the appellant, whose removal was upheld after the factors were applied. A supervisor cannot just say it; he/she has to prove it. 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 0
Cir. Your absence was not approved by your supervisor. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. This is a very fact specific factor and will depend on the managers opinion as much as the employees misconduct. See U.S. Factor 10: Potential for the employees rehabilitation. Loss of supervisory confidence as a Douglas factor is typically used by Federal agencies in serious disciplinary / adverse actions to issue a more serious disciplinary penalty. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. 280 (1981) These factors are used to explain why the penalty was chosen. How the factors will be applied in your disciplinary case depends on the specifics of your case. 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 45 day deadline to file a discrimination claim, Federal EEOC, Fast Legal Answers: Federal Whistleblower Protection Act, an attorney with extensive experience practicing before the MSPB, Federalemployee's guide discipline cases and the MSPB, What every federal employee should know - The Douglas Factors. 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. Offenses related to intoxicants. For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. In cases of severe misconduct, it may be appropriate to conduct an independent investigation of the misconduct through the Office of Human Resources, a third-party contact investigator or the Office of the Inspector General (OIG). 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 key inquiry here is whether like and similar cases have resulted in close-to-the-same discipline you are facing in your case. Yes___
No____In evaluating the seriousness of the misconduct, an offense is more severe if it was intentional rather than inadvertent and if it was frequently repeated rather than being an isolated incident. Conclusions and vague statements do not hold much weight with third parties. 8 Lachance v. Devall, 178 F.3d 1246, 1260 (Fed. 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. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. 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. 2 0 obj
51, 8 (2001). Explanation, if relevant:
(11) Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter.Relevant? 3 0 obj
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. Additionally, this factor looks at intent. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. The Federal Starr arms federal employees with the wisdom and insight to successfully navigate their career, create stability for themselves and their family, and continue on their mission to serve the public. Generally, this factor tends to be used more by a federal agency to aggravate (increase) the proposed disciplinary 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). B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# 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). Factor 3: The employees past disciplinary record. COPYRIGHT 2023. 1X-dr{ydhJZ*5?wZ?k-pmM\*smd!4[36i7V|h@n 10.Right to Reply Paragraph:
Sample:
This notice is a proposal and not a decision. 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. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. 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. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. 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. 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. Douglas Factor Analysis. If the offense is related to duties that are at the heart of an employees position, penalties may be more severe. A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. A mitigating factor is one that suggests the discipline be mitigated, or lowered. When looking for an attorney make sure they have experience handling federal-sector employment cases. If you are a federal employee facing discipline, asyou read this articleyou should be thinking about the which of the twelve Douglas Factors are in your favor, and how you can present evidence to support your position on those factors. yQB9RR_C}xxx+i$yyyzy^*UTTq^yu! Press Briefing by Press Secretary Karine Jean-Pierre Why can such behavior not be tolerated? 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. PDF The Douglas Factors consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . Additionally statements from managers or co-workers as to your ability and integrity will be helpful. 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 ? Only relevant factors must be included. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating.
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PDF Douglas Factors - AFGE How does action taken promote the efficiency of the service? In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. However, an employee with no prior disciplinary record, good prior performance and job dedication would probably have good potential for rehabilitation. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 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. These terms are used commonly in Douglas Factors application.
Douglas Factors - Postal Reporter 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. 280, 290 (1981). generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios
The Douglas Factors: What You Need to Know - Medium 1 Lisiecki v. Merit Systems Protection Board, 769 F.2d 1558, 1567 (Fed. This Douglas factor is not one of the more commonly cited Douglas factors. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. Some Federal Agencies require the proposing official to conduct a Douglas analysis and include the proposal, others do not. past performance). Discipline can range from letters of reprimand to short suspensions. 64 0 obj
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Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties.
PDF Chapter 4. Hud Table of Offenses and Penalties The 12 Worst Types Table Of Penalties Douglas Factors Accounts You Follow on Twitter 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. A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? 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. ^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. Cir. Factor 2: The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). 72 0 obj
<>stream
. This factor is listed last because this consideration should occur after a thorough analysis of all the other Douglas Factors. By William N. Rudman . Factor: Consistency with table of penalties 2. 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. 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 . What kind of recovery can I get in my discrimination case? Explanation, if relevant:
9.Employee Assistance Program Paragraph:
All Federal Agencies have EAP programs. 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. endstream
endobj
50 0 obj
<>
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51 0 obj
<>
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<>stream
The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). Cir. Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. 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? Yes___
No____Potential for rehabilitation can be both a major aggravating and mitigating factor. 1999). So, if they have been convicted of violating the law, say stealing, this factor will likely cut against them and lead to a more severe penalty. @b o $&F Sq70 #
Douglas factors can be used as mitigating or aggravating factors so it is important to fully understand the application of both types of legal arguments. Yes___
No____This factor is one of the more technically difficult to apply. Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme. Not only the first, this is also the most important Douglas Factor, as the MSPB has directly statedthatthe most significant Douglas factor is the nature and seriousness of the misconduct and its relation to the employees duties, position, and responsibilities, including whether the offense was intentional or was frequently repeated. Luciano v. Department of the Treaswy, 88 MSPR 335 (MSPB 2001). In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case. Deciding officials should do a Douglas analysis in every case, except when Congress . If an employee was experiencing stressful situations such as a mental health issue, divorce or a death in the family that contributed to the offense, they may present those and ask for leniency. It reduces maximum penalties for offenses like murders and other homicides; armed armed home invasion burglaries; armed armed carjackings, as I mentioned; armed robberies; unlawful gun . The Douglas factors are also referred to as mitigating factors. %PDF-1.5
%
You will be notified in writing of the final decision. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ One way to sway this factor in favor of an employee is to be contrite apologetic and to admit the misconduct you engaged in. 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. 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. 280, 305-06 (1981).
PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties As a general rule, the more negative publicity caused by an offense, the harsher the discipline. 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. We argue this factor, in most cases, to attempt to reduce a proposed removal to a lower form of disciplinary action. 49 0 obj
<>
endobj
If you are looking for a representative, note that we are not taking on any cases at this time. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. %PDF-1.5
The Douglas Factors get their name from a 1981 MSPB decision holding that the MSPB would review an agency's penalty selection by applying factors that since have become known by the last name of the appellant, whose removal was upheld after the factors were applied. A supervisor cannot just say it; he/she has to prove it. 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 0
Cir. Your absence was not approved by your supervisor. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. This is a very fact specific factor and will depend on the managers opinion as much as the employees misconduct. See U.S. Factor 10: Potential for the employees rehabilitation. Loss of supervisory confidence as a Douglas factor is typically used by Federal agencies in serious disciplinary / adverse actions to issue a more serious disciplinary penalty. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. 280 (1981) These factors are used to explain why the penalty was chosen. How the factors will be applied in your disciplinary case depends on the specifics of your case. 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 45 day deadline to file a discrimination claim, Federal EEOC, Fast Legal Answers: Federal Whistleblower Protection Act, an attorney with extensive experience practicing before the MSPB, Federalemployee's guide discipline cases and the MSPB, What every federal employee should know - The Douglas Factors. 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. Offenses related to intoxicants. For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. In cases of severe misconduct, it may be appropriate to conduct an independent investigation of the misconduct through the Office of Human Resources, a third-party contact investigator or the Office of the Inspector General (OIG). 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 key inquiry here is whether like and similar cases have resulted in close-to-the-same discipline you are facing in your case. Yes___
No____In evaluating the seriousness of the misconduct, an offense is more severe if it was intentional rather than inadvertent and if it was frequently repeated rather than being an isolated incident. Conclusions and vague statements do not hold much weight with third parties. 8 Lachance v. Devall, 178 F.3d 1246, 1260 (Fed. 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. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. 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. 2 0 obj
51, 8 (2001). Explanation, if relevant:
(11) Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter.Relevant? 3 0 obj
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. Additionally, this factor looks at intent. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. The Federal Starr arms federal employees with the wisdom and insight to successfully navigate their career, create stability for themselves and their family, and continue on their mission to serve the public. Generally, this factor tends to be used more by a federal agency to aggravate (increase) the proposed disciplinary 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).
B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# 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). Factor 3: The employees past disciplinary record. COPYRIGHT 2023. 1X-dr{ydhJZ*5?wZ?k-pmM\*smd!4[36i7V|h@n 10.Right to Reply Paragraph:
Sample:
This notice is a proposal and not a decision. 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. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. 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. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. 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. 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. Douglas Factor Analysis. If the offense is related to duties that are at the heart of an employees position, penalties may be more severe. A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. A mitigating factor is one that suggests the discipline be mitigated, or lowered. When looking for an attorney make sure they have experience handling federal-sector employment cases. If you are a federal employee facing discipline, asyou read this articleyou should be thinking about the which of the twelve Douglas Factors are in your favor, and how you can present evidence to support your position on those factors. yQB9RR_C}xxx+i$yyyzy^*UTTq^yu!
Press Briefing by Press Secretary Karine Jean-Pierre Why can such behavior not be tolerated? 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.
PDF The Douglas Factors consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . Additionally statements from managers or co-workers as to your ability and integrity will be helpful. 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 ? Only relevant factors must be included. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. %20
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Articles T
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