table of penalties douglas factors table of penalties douglas factors

Managers should have a legitimate, non-discriminatory or "business" reason for taking a disciplinary action. Press Briefing by Press Secretary Karine Jean-Pierre 2012) (internal citations and punctuation omitted). This factor deserves some detailed explanation since it is one of the less self-apparentof the factors. 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. Federal government websites often end in .gov or .mil. 8.Douglas Factor Analysis. rDA(dCpY0!G8#rDA(9un\##HH_|?;y.?yA>1i|e,Q}ptWS8?/Gz Which is why Federal Employee Professional Liability Insurance is critical. Relevant? PDF Douglas Factors In Depth - Letter Carrier Connection 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. While not used that often by federal agencies in their final decisions, this Douglas factor can and should be argued in significant disciplinary cases (e.g., proposed removals or significant suspension cases). Weigh Douglas Factors in disciplinary cases - Ask The Lawyer If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. Douglas factor issues vary significantly from case to case and federal employees should consult with an attorney who is knowledgeable about these issues prior to responding to a proposed disciplinary action or filing an appeal with the MSPB. The notoriety of the offense or its impact upon the reputation of the agency; . The fourth Douglas Factor requires managers to take an employees past performance into account. Federal agencies may take disciplinary action against employees who engage in misconduct. You should not list a factor unless it is relevant. Whether you use two charges in this case will depend upon the evidence available. <> The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Cir. Other times it may mean providing some evidence to management to further support your position. 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. As a result, in defense cases our firm attempts to argue that the lack of clarity as to these rules warrants a reduction in a disciplinary penalty. 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. If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. Management has likely even required you to review the table and sign a form asserting your knowledge of it. Essentially, this factor asks: was the offense committed one that calls in question the employees ability to continue performing his job? Suite 305 If you want you can download and read the fullDouglas v. V.A. 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 ? This Douglas factor is not one of the more commonly cited Douglas factors. endstream endobj startxref These terms are used commonly in Douglas Factors application. Starr Wright USA is an insurance agency specializing in insurance solutions for federal employees and federal contractors. This has often been considered one of the most important Douglas factors by the MSPB. Sample 1: I have attached the material relied on to support this proposed removal. The notoriety of the offense or its impact upon the reputation of the Agency; 9 . Factor 7: Consistency of the penalty with any applicable agency table of penalties. It is important to rebut these issues in a Douglas factor defense. Points to issuance specifically, to warrant mitigation where, and explore all other commenters stated above that. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. However, the principle of "like penalties for like offenses" does not require perfect consistency. Factor 12: The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. This table should be available to you as an employee. We have also seen federal agencies use this Douglas factor to aggravate disciplinary penalties where other agencies (federal, state, local) have become aware of a federal employees misconduct, arguing that the employees actions have caused the federal agencys reputation to somehow become tarnished. 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. Also any awards or accolades the employee has would be mitigating in nature. 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. If the offense is related to duties that are at the heart of an employees position, penalties may be more severe. Check with your labor relations advisor. 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. 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. Douglas Factor Mitigation for Federal Employees In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. EAP can be reached by calling 1-800-XXX-XXXX. The Douglas Factors: What You Need to Know - Medium 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. PDF Douglas Factors In Depth - Branch 38 NALC PDF Table 1-1: Table of Penalties for Various Offenses - United States Army 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. Yes___ No____In order to use prior discipline as a basis to enhance a current penalty, three criteria must be met. Fighting Title 31 Currency Seizures issued by CBP, New executive order on anti-dumping and countervailing duties, Roberts v. DHS A pro se challenge to the Global Entry Program, Q & A with a Merit Systems Protection Board Representative, Fighting a Failure to Declare Penalty (19 USC 1497) issued by CBP. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. 9 Ward v. U.S. On (DATE), you were scheduled to report to work at (TIME). PDF Table of Penalties for Title 5, Hybrid Title 38, and Title 38 Employees Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. PDF The Douglas Factors - Energy In some instances this may mean pointing out points of analysis or facts to management if they are unaware. These are known as Douglas factors. Only those Douglas Factors relevant to each case need be considered. Reston, VA 20190. 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. 64 0 obj <>/Filter/FlateDecode/ID[<3B0C3180ECE15C735B3288C81A6A54AE><030475FC020CB04DB606BDDC5C48A5E3>]/Index[49 24]/Info 48 0 R/Length 81/Prev 157377/Root 50 0 R/Size 73/Type/XRef/W[1 2 1]>>stream generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. Explanation, if relevant: (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. If you are a federal employee facing discipline, this article can help you understand what factors your managers are contemplating as they make a decision on your case. A knowledge of the Douglas Factors is helpful for both federal employees and managers. 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. 1 Lisiecki v. Merit Systems Protection Board, 769 F.2d 1558, 1567 (Fed. Alcohol-related: (1) Unauthorized possession of alcoholic beverages while on VA premises. The Douglas Factors - Melville Johnson 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. 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. 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 Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$Xjuk.ku u4RunO|zSp :*NPS0EI]9w]qk.9r>?^|xPG/~A}zI}Nw/o~SBE4*8VT?icyyrl9/srOW#L9}%N%NN}L;=+xoiE94f}9qnF~{15 PxBOGy:#/ If you are a federal employee facing discipline, asyou read this articleyou should be thinking about the which of the twelve Douglas Factors are in your favor, and how you can present evidence to support your position on those factors. Factor: Consistency with table of penalties 2. hbbd``b`:$ Hd V$D? %PDF-1.5 This is because it puts you on notice of the penalties which is factor #9, below. We generally find that it is important to actually make sure that a proposed disciplinary action or a sustained final penalty has been listed appropriately under the agencys table of penalties. As a general rule, the more negative publicity caused by an offense, the harsher the discipline. Consideration may be given to extending this time limit if you submit a written request stating your reasons for needing more time. 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. Relevant? 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. affidavits, performance ratings, SF-50s, letters of commendation) for the record. Factor: Nature and seriousness 9. Yes___ No____This factor is one of the more technically difficult to apply. 0 Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. 10.Right to Reply Paragraph: Sample: This notice is a proposal and not a decision. DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . The idea is that discipline is meantto be corrective and progressive. In contrast, an employee with multiple priorcases of discipline is likely to face a much greater amount of discipline owing to that factor alone. Table Of Penalties Douglas Factors - aaaawintvcapdavid.link It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. !%7K81E8zi. Any personal issues going on around the time of the misconduct should be brought to the attention of management. It is important that you really highlightthefactors that are in your favor. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. In some instances, you may want to request that management reconsider your case. Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. This Douglas factor is important and we use this argument in our representation of federal employees. This Douglas factor generally refers to the connection between the seriousness of the allegation and the position that a federal employee holds. Information provided is for educational purposes only, please consult with a licensed attorney before taking any action. In that case, the Merit Systems Protection Board (MSPB) set forth 12 factors that should be considered when evaluating the reasonableness of a disciplinary penalty for a federal employee. For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. yQB9RR_C}xxx+i$yyyzy^*UTTq^yu! 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. 1985). Yes___ No____Unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice, or provocation on the part of others involved in an incident are mitigating circumstances that should be reviewed. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. 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. 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. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. disciplinary situations. Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. If you are looking for a representative, note that we are not taking on any cases at this time. Sometimes management may misapply factors, or misconstrue them. -What kind of recovery can I get in my discrimination case? Douglas Factors matters vary from case to case and federal employees should consult with an attorney. If you present evidence to management that you are enrolled in AA and also let managementknow you are willing to agree to provide evidence of your continued attendance or proof you are engaged in other counseling, management may find that satisfactory on its own. See, e.g., Semans v. Department of the Interior, 62 M.S.P.R. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. 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. After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. 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.