Explanation, if relevant: (10) Potential for the employee's rehabilitation.Relevant? This factor is generally an afterthought for both management and employees. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. 5 Douglas v. Veterans Administration, 5 M.S.P.R. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. The key is credibility. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. PDF Chapter 4. Hud Table of Offenses and Penalties PDF Nasa Desk Guide for Table of Disciplinary Offenses and Penalties 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. 280, 302 (1981). On (DATE), you were scheduled to report to work at (TIME). The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. This factor looks to the status of the employee. The employee's job level and type of employment . 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. Factor 8: The notoriety of the offense or its impact upon the reputation of the agency. EAP can be reached by calling 1-800-XXX-XXXX. Non-disciplinary counseling, guidance memoranda, provision of Agency policy to the employee and requiring the reading and signing of certain rules are methods to communicate what are the requirements of conduct in the workplace. Discipline can range from letters of reprimand to short suspensions. 3 0 obj Whether you use two charges in this case will depend upon the evidence available. Conversely, aggravating factors are those that suggest the discipline be sustained or even increased. Sample 1: I have attached the material relied on to support this proposed removal. Just knowing the rules, however, cant fully protect you if a case should arise. Federal government websites often end in .gov or .mil. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. (Use sample 1). In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. @ Q W % & ' ( ) * P X }ppfU h hu CJ OJ QJ ^J aJ hu OJ QJ ^J h hu OJ QJ ^J hV h OJ QJ ^J hG CJ OJ QJ ^J aJ hG hG CJ OJ QJ ^J aJ hG OJ QJ ^J h OJ QJ ^J h58 OJ QJ ^J hV hV OJ QJ ^J h5U OJ QJ ^J h hV OJ QJ ^J hV h5U hV CJ OJ QJ ^J aJ / 0 3 Y | & t z kd $$If l 0 . You neither came to work nor did you call in your absence. In some instances the money they saved you may be less than their fee for taking your casea great result for you the employee. h[M+}LX,? 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 reason(s) for this action is (are) specified below. EachDouglas Factor can work for or against an employee depending on their specific case. Do they have a positive track record? It is more often used to attempt to aggravate a disciplinary penalty. 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 . xfg! Berry & Berry PLLC. Typically, this factor is used by an agency to support an increase in the proposed disciplinary penalty. A deciding official must consider specific factors in determining the reasonableness of the penalty. Cir. The more notorious the offense you commit the more severe the discipline you will face. In some instances this may mean pointing out points of analysis or facts to management if they are unaware. Factor 5: The effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees ability to perform assigned duties. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. 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 A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. Factor 7: "Consistency of the penalty with any applicable agency table of penalties" . Postal Service, 634 F.3d 1274, 1282 (Fed. On the surface, many incidents of misconduct may seem to be similar. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. 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. <> On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. When an employee with a high level of trust and authority violates regulations, they generally face harsher penalties. They know the stress of a career, they know how life can be difficult. The notoriety of the offense or its impact upon the reputation of the Agency; 9 . (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 0 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. PDF The Douglas Factors - Energy However, the seriousness of the offense and an evaluation of other Douglas Factors may outweigh an employee's positive work record. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. 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. PDF DOI Department Manual Table of Offenses and Penalties 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. Managers must take an employees propensity for rehabilitation into account. 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. 2 It cannot be doubted, and no one disputes, that the Civil Service Commission was vested with and exercised authority to mitigate penalties imposed by employing agencies. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. 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 . 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. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . endstream endobj startxref 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. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. The site is secure. These factors are the following: 1. However, an employee with no prior disciplinary record, good prior performance and job dedication would probably have good potential for rehabilitation. If not, include delivery confirmation by the postal or delivery service. Yes___ No____The analysis of this factor involves much more than a supervisor's statement that he/she has lost confidence in the employee. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). Explanation, if relevant: (6) Consistency of the penalty with those imposed upon other employees for the same or similar offenses. If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. The final Douglas Factor asks both manager and employee to consider alternative penalties. This guide has beenprepared by an attorney with extensive experience practicing before the MSPB, both as a representative of federal agencies, and as a representative of federal employees. 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. Typically, a federal employee will be proposed for disciplinary action in a case based on a violation of a particular agency rule. 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. 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. PDF NASA DESK GUIDE FOR TABLE OF DISCIPLINARY OFFENSES AND PENALTIES Version 3 The consistency of the penalty with any applicable Agency table of penalties; h. The notoriety of the offense or its impact upon the reputation of the Agency; . Most importantly, employees need to be aware that once they have a disciplinary record, it makes defending new discipline cases much more difficult. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. Douglas Factor Analysis. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. 1999). If you have been disciplined before you will face harsher discipline going forward.