table of penalties douglas factors
You neither came to work nor did you call in your absence. This factor looks to the status of the employee. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. It is critical for the agency to articulate a relationship between the misconduct and the employee's position and responsibilities. Determining the Penalty - United States Merit Systems Protection Board Additionally, the Board cannot review the reasonableness of a penalty that is set by law. For instance, in the disciplinary cases that we handle we might attempt to seek mitigation of a proposed disciplinary penalty by arguing that an employees outstanding performance (e.g., performance ratings, commendations/awards and letters from supervisors/co-workers) during their years of service support a reduction in a disciplinary penalty. At the MSPB, you, or an attorney you hire, will argue your case and present evidence related to the Douglas Factors analysis. 10.Right to Reply Paragraph:
Sample:
This notice is a proposal and not a decision. ______________________________ __________________
(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. How do you handle these aggravating factors? Sample:
Specification #1. Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. You should review the table to make sure that your discipline is in keeping with this table. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. The twelve keys to the outcome of your discipline case, Background Source of The Douglas Factors, Analysis and Explanation of each Douglas Factor, The nature and seriousness of the offense, relation to employees duties, and intent. PDF The Douglas Factors - United States Office of Personnel Management Discipline can range from letters of reprimand to short suspensions. The following is a list of 12 Douglas factors that must be taken into consideration and explanations as to how they can apply to federal employee cases. Can someone help me present the Douglas Factors to management? This means you should provide objective facts to support your arguments if you can. Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme. 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. However, despite the importance of these criteria, many employees arent familiar with them. All other penalty determinations should undergo thorough reasoning under the Douglas Factors. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. The argument in this type of case would be that the Agency has not truly lost confidence in the federal employees ability to perform their duties. An official website of the United States government. The key is credibility. Producing a doctors note to management confirming the hospitalization supports the validity of your claim and will be harder for management to overlook than had you just made a verbal assertion of the same. The Federal Starr is a publication by Starr Wright USA. Another example would be an employee who holds a position as a clerk where they regularly handle money deposited by the public and are responsible for balancing small accounts. 280, 290 (1981). hbbd``b`:$ Hd V$D? For example, one could argue that given the lack of prior discipline that a proposed removal should be mitigated to a suspension action. Cir. Factor: Employee's . A well presented reply to theproposed discipline can lead to substantial mitigation. Ultimately, managers are people too. In addition, actions . 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. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. This Factor takes mitigating circumstances into account. The Douglas factors are also referred to as mitigating factors. { 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. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. 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. If you were going through a divorce, your child was hospitalized, or a family member had passed away, you should be explaining these mitigating factors to management. 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. The consistency of the penalty with any applicable agency table of penalties; 8. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. Can an employee take responsibility, correct their behavior and come back to the job? 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. Federal government websites often end in .gov or .mil. Regardless, try to avoid getting into an argument with management over factors. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. . However, the principle of "like penalties for like offenses" does not require perfect consistency. The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. The Douglas Factors - Melville Johnson PDF Committee on Oversight and Government Reform U.S. House of This Douglas factor is important and we use this argument in our representation of federal employees. Any replies submitted will be given full consideration. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. Relevant? If not, include delivery confirmation by the postal or delivery service. 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). PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army Explanation, if relevant:
(7) Consistency of the penalty with any applicable agency table of penalties. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios For federal employees, understanding of the factors can help when preparing a reply presentation; by taking each factor into account, an employee can present relevant evidence to support their position. 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). Douglas Factors - Postal Reporter
Has an employee been on the job for a long time? Opinions expressed in this article are for informational purposes only and do not constitute legal advice. Table Of Penalties Douglas Factors 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. i^G0OB 0_1_hF>hF>hFyhFyhH}1-|5Wc3[#o5[#o5C#<4C333c^4E#_|5W#_|5W#o5W#_|5qqE^ymF^ymF^ymF>{pC^ymF^ymu%+y]J^Wu%+y]J>WJ^W|k1JUU{N;:NwtDF"GQH
D;KU#zY]Eq!,B!hdRt2)ZL@@@@@'EIKL.1bFL)]S)Y [ UX`
-[ @n}[jr}Sr S=G @2@dfxj-BtAQ For instance, two co-workers with the same job duties and similar work histories both fall asleep during a night shift. Remember, there is only one absolute penalty, which can be given without a Douglas analysis - the 30-day suspension required under law for misuse of a government vehicle. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. Management has likely even required you to review the table and sign a form asserting your knowledge of it. 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. These 12 factors play a key role in the outcome of federal employee discipline cases. Misconduct is also considered more severe if it is done maliciously or for personal gain. 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. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). Offenses related to intoxicants. Additionally, your coworkers have their own assignments. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). [_S>,o)ZyfL_{*4^BOoss%U'jYM^>Ydw%>=z+l'?@_+S]6EO+<=_)^;/ycCwhiE[qsA[]~w_}xxwo~y3boK&rVkOk [6#e|:. All other facts the same, you would want to point this inconsistency to managements attention because it is clear the two penalties are not consistent with each other. 2278 0 obj
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See U.S. . 280, 305-06 (1981). 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. But they may refuse to. Factor 12: The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. 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? 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. Reviewing thesetwelve factors in a vacuum is not useful to you as an employee, or tomanagers who are trying to make a decision about a specific disciplinarycase. What is the table of penalties? - idswater.com For instance, we have argued that instead of removing a federal employee that they should instead receive a suspension. While each case is different, seeking alternatives may be useful. Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. Sample 1: I have attached the material relied on to support this proposed removal. [;C;@){
:@H- - 3VLL
L.L.q^h8N),H3q30 (
Merit Systems Protection Board, Why Federal Employees Have the Right to a Hearing, Implementing or Challenging Initial Decisions, Agency Officials Substantive and Procedural Errors and How to Fix Them. 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. You have the right to reply to this proposal orally and/or in writing and furnish any evidence in support of your reply within fifteen (15) calendar days after the date you receive this proposal. Reston, VA 20190. If the action is less than a removal, add:
Further misconduct on your part may result in disciplinary action up to and including removal from your position and from Federal service. For example, an allegation of dishonesty would be treated more seriously, under this Douglas factor, for a federal employee that holds a law enforcement position. 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. Fivethirtyeight Nba Prediction Accuracy,
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You neither came to work nor did you call in your absence. This factor looks to the status of the employee. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. It is critical for the agency to articulate a relationship between the misconduct and the employee's position and responsibilities. Determining the Penalty - United States Merit Systems Protection Board Additionally, the Board cannot review the reasonableness of a penalty that is set by law. For instance, in the disciplinary cases that we handle we might attempt to seek mitigation of a proposed disciplinary penalty by arguing that an employees outstanding performance (e.g., performance ratings, commendations/awards and letters from supervisors/co-workers) during their years of service support a reduction in a disciplinary penalty. At the MSPB, you, or an attorney you hire, will argue your case and present evidence related to the Douglas Factors analysis. 10.Right to Reply Paragraph: Sample: This notice is a proposal and not a decision. ______________________________ __________________ (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. How do you handle these aggravating factors? Sample: Specification #1. Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. You should review the table to make sure that your discipline is in keeping with this table. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. The twelve keys to the outcome of your discipline case, Background Source of The Douglas Factors, Analysis and Explanation of each Douglas Factor, The nature and seriousness of the offense, relation to employees duties, and intent. PDF The Douglas Factors - United States Office of Personnel Management Discipline can range from letters of reprimand to short suspensions. The following is a list of 12 Douglas factors that must be taken into consideration and explanations as to how they can apply to federal employee cases. Can someone help me present the Douglas Factors to management? This means you should provide objective facts to support your arguments if you can. Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme. 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. However, despite the importance of these criteria, many employees arent familiar with them. All other penalty determinations should undergo thorough reasoning under the Douglas Factors. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. The argument in this type of case would be that the Agency has not truly lost confidence in the federal employees ability to perform their duties. An official website of the United States government. The key is credibility. Producing a doctors note to management confirming the hospitalization supports the validity of your claim and will be harder for management to overlook than had you just made a verbal assertion of the same. The Federal Starr is a publication by Starr Wright USA. Another example would be an employee who holds a position as a clerk where they regularly handle money deposited by the public and are responsible for balancing small accounts. 280, 290 (1981). hbbd``b`:$ Hd V$D? For example, one could argue that given the lack of prior discipline that a proposed removal should be mitigated to a suspension action. Cir. Factor: Employee's . A well presented reply to theproposed discipline can lead to substantial mitigation. Ultimately, managers are people too. In addition, actions . 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. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. This Factor takes mitigating circumstances into account. The Douglas factors are also referred to as mitigating factors. { 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. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. 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. If you were going through a divorce, your child was hospitalized, or a family member had passed away, you should be explaining these mitigating factors to management. 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. The consistency of the penalty with any applicable agency table of penalties; 8. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. Can an employee take responsibility, correct their behavior and come back to the job? 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. Federal government websites often end in .gov or .mil. Regardless, try to avoid getting into an argument with management over factors. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. . However, the principle of "like penalties for like offenses" does not require perfect consistency. The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. The Douglas Factors - Melville Johnson PDF Committee on Oversight and Government Reform U.S. House of This Douglas factor is important and we use this argument in our representation of federal employees. Any replies submitted will be given full consideration. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. Relevant? If not, include delivery confirmation by the postal or delivery service. 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). PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army Explanation, if relevant: (7) Consistency of the penalty with any applicable agency table of penalties. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios For federal employees, understanding of the factors can help when preparing a reply presentation; by taking each factor into account, an employee can present relevant evidence to support their position. 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). Douglas Factors - Postal Reporter Has an employee been on the job for a long time? Opinions expressed in this article are for informational purposes only and do not constitute legal advice. Table Of Penalties Douglas Factors 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. i^G0OB 0_1_hF>hF>hFyhFyhH}1-|5Wc3[#o5[#o5C#<4C333c^4E#_|5W#_|5W#o5W#_|5qqE^ymF^ymF^ymF>{pC^ymF^ymu%+y]J^Wu%+y]J>WJ^W|k1JUU{N;:NwtDF"GQH D;KU#zY]Eq!,B!hdRt2)ZL@@@@@'EIKL.1bFL)]S)Y [ UX` -[ @n}[jr}Sr S=G @2@dfxj-BtAQ For instance, two co-workers with the same job duties and similar work histories both fall asleep during a night shift. Remember, there is only one absolute penalty, which can be given without a Douglas analysis - the 30-day suspension required under law for misuse of a government vehicle. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. Management has likely even required you to review the table and sign a form asserting your knowledge of it. 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. These 12 factors play a key role in the outcome of federal employee discipline cases. Misconduct is also considered more severe if it is done maliciously or for personal gain. 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. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). Offenses related to intoxicants. Additionally, your coworkers have their own assignments. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). [_S>,o)ZyfL_{*4^BOoss%U'jYM^>Ydw%>=z+l'?@_+S]6EO+<=_)^;/ycCwhiE[qsA[]~w_}xxwo~y3boK&rVkOk [6#e|:. All other facts the same, you would want to point this inconsistency to managements attention because it is clear the two penalties are not consistent with each other. 2278 0 obj <>stream See U.S. . 280, 305-06 (1981). 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. But they may refuse to. Factor 12: The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. 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? 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. Reviewing thesetwelve factors in a vacuum is not useful to you as an employee, or tomanagers who are trying to make a decision about a specific disciplinarycase. What is the table of penalties? - idswater.com For instance, we have argued that instead of removing a federal employee that they should instead receive a suspension. While each case is different, seeking alternatives may be useful. Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. Sample 1: I have attached the material relied on to support this proposed removal. [;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( Merit Systems Protection Board, Why Federal Employees Have the Right to a Hearing, Implementing or Challenging Initial Decisions, Agency Officials Substantive and Procedural Errors and How to Fix Them. 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. You have the right to reply to this proposal orally and/or in writing and furnish any evidence in support of your reply within fifteen (15) calendar days after the date you receive this proposal. Reston, VA 20190. If the action is less than a removal, add: Further misconduct on your part may result in disciplinary action up to and including removal from your position and from Federal service. For example, an allegation of dishonesty would be treated more seriously, under this Douglas factor, for a federal employee that holds a law enforcement position. 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.
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