table of penalties douglas factorsfowler police department

In theory, discipline should be both corrective and progressive. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a 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. 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. 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. 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. Cir. 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. { 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. After you have this list it should become pretty clear to you which Douglas Factors you want to focus on with management. Leverage the Douglas Factors properly at your Oral Reply, and you may avoid a costly MSPB Case Later. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. In particular, the lack of clarity argument refers to the rules governing the underlying allegations at issue. PDF Douglas Factors * in deciding disciplinary punishment of federal - AELE The notoriety of the offense or its impact upon the reputation of the Agency; 9 . If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. 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. On the surface, many incidents of misconduct may seem to be similar. Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ Contact your employee relations advisor to get the information to fill in the blanks. 280 (1981) These factors are used to explain why the penalty was chosen. Don't force misconduct into a listed offense unless it accurately fits. For example, we might argue that the lack of a clear agency policy on computer usage should result in mitigation of a penalty for an employee that has been charged with misuse of a government computer. 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. You neither came to work nor did you call in your absence. See U.S. * Douglas v. Veterans Administration, 5 M.S.P.R. Consistency of the penalty with any table of penalties an agency may have . The key inquiry here is whether like and similar cases have resulted in close-to-the-same discipline you are facing in your case. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. Factor 7: Consistency of the penalty with any applicable agency table of penalties. Note: The above misconduct could be the basis for two separate charges, Unauthorized Absence and Failure to Call in an Absence as Required by Agency Policy. When looking for an attorney make sure they have experience handling federal-sector employment cases. The Douglas Factors . Yes___ No____What needs to be done to deter the conduct in the future by the employee or others? PDF Table of Penalties for Title 5, Hybrid Title 38, and Title 38 Employees In some instances this may mean pointing out points of analysis or facts to management if they are unaware. 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. 2278 0 obj <>stream Factor: Employee's . Factor 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. Press Briefing by Press Secretary Karine Jean-Pierre A deciding official must consider specific factors in determining the reasonableness of the penalty. This factor is listed last because this consideration should occur after a thorough analysis of all the other Douglas Factors. The Douglas Factors . -What kind of recovery can I get in my discrimination case? Do not deny the existence of bad facts. Consideration may be given to extending this time limit if you submit a written request stating your reasons for needing more time. 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. If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. Negligent or accidental incidents will be viewed more favorably than intentional acts. Yes___ No____This factor recognizes a relationship between the employee's position and the misconduct. Yes___ No____An employee's length of service and prior work record must be evaluated and be balanced against the seriousness of the offense. Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. The site is secure. 11700 Plaza America Drive 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. We argue this factor, in most cases, to attempt to reduce a proposed removal to a lower form of disciplinary action. The more notorious the offense you commit the more severe the discipline you will face. Federal government websites often end in .gov or .mil. The twelve factors, as determined by the Merit Systems Protection Board, that must be considered in any federal employees discipline case are: Now, lets take a closer look at each factor individually. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . Many federal agencies maintain tables of penalties that detail discipline options for common offenses. Heres what anyone who works for the federal government needs to know about the Douglas Factors. See Douglas v. Veterans Administration, 5 M.S.P.R. ALL RIGHTS RESERVED. For more information, visit WrightUSA.com. Relevant? Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. These factors are the following: 1. 280, 290 (1981). 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. The .gov means its official. Sample 1: I have attached the material relied on to support this proposed removal. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. Ultimately, the more credible evidence you can provide to support your position the better. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. It is important to rebut these issues in a Douglas factor defense. 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. 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. \3zn8SJOkRL8=/q1qRZjwBKoL `3e8Zg-?3L#wX|1P)3|\gbi nLY~@WTRSRIG. PDF Douglas Factors - AFGE Federal disciplinary cases are difficult and costly to fight, and the Merit Systems Protection Board is not the most favorable forum for federal employees. 280 (1981). 280, 302 (1981). 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. Bargaining unit employees may grieve an adverse action under the negotiated grievance procedure in a collective bargaining agreement rather than challenging it to the MSPB. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). 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 . A familiarity with the Douglas Factors will help managers understand the analysis they must undertake when making disciplinary decisions. For example, an allegation of dishonesty would be treated . For instance, two co-workers with the same job duties and similar work histories both fall asleep during a night shift. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Deciding officials should do a Douglas analysis in every case, except when Congress . Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. EachDouglas Factor can work for or against an employee depending on their specific case. 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. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . When our firm prepares an appeal to the MSPB for a client or in a case before a deciding official at the proposal stage it is important to set forth any and all mitigating factors that might be applicable to a federal employees case. Lets say you missed a deadline for an important assignment and management has proposed removal. PDF Chapter 4. Hud Table of Offenses and Penalties Once an employee has a disciplinary record, its harder to defend against new charges of misconduct and more difficult to argue that a mitigated penalty is deserved. How does action taken promote the efficiency of the service? One of the basic tenets of the administration of "just cause" is the even-handed application of discipline. %PDF-1.5 % If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. Postal Service, 634 F.3d 1274, 1279 (Fed. Starr Wright USA a marketing name for Starr Wright Insurance Agency, Inc. and its affiliate(s). 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: (8) The notoriety of the offense or its impact upon the reputation of the agency. Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? past performance). Factor: Nature and seriousness 9. MSPB decision. 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?

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