table of penalties douglas factors table of penalties douglas factors

Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. COPYRIGHT 2023. Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. Managers must apply penalties that are similar to those imposed in like cases. You should review the table to make sure that your discipline is in keeping with this table. 10 Ward v. U.S. If you are low level employee with no supervisory functions this factor should have some mitigating value. Has an employee been on the job for a long time? 51, 8 (2001). 8.Douglas Factor Analysis. Yes___ No____In order to use prior discipline as a basis to enhance a current penalty, three criteria must be met. Negligent or accidental incidents will be viewed more favorably than intentional acts. In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. Relevant? The employee's job level and type of employment . removal). What is effect of the misconduct charged? If youre a law enforcement officer and you have been convicted of assault it is likely that your supervisor will lack confidence in your ability to follow and enforce lawswhich cuts to the very core of your duties as a law enforcement officer. Managers should have a legitimate, non-discriminatory or "business" reason for taking a disciplinary action. 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 . hmo0 U6S!)Mh~wP`B|)ZAp!= xCKno:Phj-bXJbAw,,M]KO2]fka8c iGusuOIt XG.2o*XYa&5'0>lw,Utr;(}s]6rqGp_g5>G7eucOL_>& 13.Receipt Certification: If hand-delivered: Sample: Please sign the acknowledgement of receipt below. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. An official website of the United States government. Knowing what managers are looking for will aid your oral reply presentation, and could be what saves you your job with the federal government. Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. 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. 3 0 obj @b o $&F Sq70 # 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 . PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties Cir. Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. What if I do not agree with managements analysisof a specific Douglas Factor? Cir. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . Cir. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. An employee with a significant disciplinary record most likely would have poor potential for rehabilitation. 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. Which is why Federal Employee Professional Liability Insurance is critical. endobj Sample 1: I have attached the material relied on to support this proposed removal. Important things to consider for this factor are how long you have been employed by the federal government generally, and your agency specifically (if you were previously in the armed forces or worked for another civilian agency). consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . They know the stress of a career, they know how life can be difficult. When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. Douglas Factor Analysis. past performance). . You wont know unless you make it a point of conversation, but in many instances its worth the effort to approach management with creative alternatives, since there is very little downside. Cir. This Douglas factor generally involves how much the public has been advised of a federal employees alleged misconduct. Typically, this factor is used by an agency to support an increase in the proposed disciplinary penalty. 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. This factor looks to the status of the employee. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. 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. 6.Further Charges and Specifications: Repeat above format 7.Efficiency of the Service Rationale Paragraph(s): This paragraph typically includes the answers to the following questions: What rule(s) was (were) violated? PDF NASA DESK GUIDE FOR TABLE OF DISCIPLINARY OFFENSES AND PENALTIES Version 3 Did management send out a memo clarifying rules? A deciding official must consider specific factors in determining the reasonableness of the penalty. yQB9RR_C}xxx+i$yyyzy^*UTTq^yu! 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. If not, include delivery confirmation by the postal or delivery service. 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. Sample: If you need assistance in dealing with any personal matters, the Employee Assistance Program (EAP) is available to provide confidential counseling services. Conversely, aggravating factors are those that suggest the discipline be sustained or even increased. Your absence was not approved by your supervisor. 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. Berry & Berry, PLLCrepresents federal employees in these types of federal employment matters and can be contacted at (703) 668-0070 or www.berrylegal.com to arrange for an initial consultation regarding Douglas factor and other federal employment issues. (Use sample 1). 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. Your job as an employee is to support your position as best as you possibly can. For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. Let me give you an example. Yes___ No____The notoriety of an offense or its impact on the reputation on the Agency is usually directly related to the seriousness of the misconduct and/or prominence of the employee's position. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. 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). %PDF-1.5 This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. Most importantly, employees need to be aware that once they have a disciplinary record, it makes defending new discipline cases much more difficult. The more notice you have of the prohibition on certain conduct the strongerargument management has for issuing discipline if you engage in that misconduct. 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 . This factor deserves some detailed explanation since it is one of the less self-apparentof the factors. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. The nature and seriousness of the offense, and its relation to the employees 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; the employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position; the employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; the effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees work ability to perform assigned duties; consistency of the penalty with those imposed upon other employees for the same or similar offenses; consistency of the penalty with any applicable agency table of penalties; the notoriety of the offense or its impact upon the reputation of the agency; 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; the potential for the employees rehabilitation; 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; and. The right to answer orally does not include the right to a formal hearing with examination of witnesses. 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. affidavits, performance ratings, SF-50s, letters of commendation) for the record. Why can such behavior not be tolerated? 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. 1985). As these factors play a key role in disciplinary cases, understanding how they work can help implement fair and effective penalties. 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. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Factor 3: The employees past disciplinary record. 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. It is important that you really highlightthefactors that are in your favor. 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. The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. 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 xfg! If you want you can download and read the fullDouglas v. V.A. If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. 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. The Douglas factors are also referred to as mitigating factors. In some instances this may mean pointing out points of analysis or facts to management if they are unaware. A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. On (DATE), you were scheduled to report to work at (TIME). Postal Service, 634 F.3d 1274, 1279 (Fed. When looking for an attorney make sure they have experience handling federal-sector employment cases. A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? The idea is that discipline is meantto be corrective and progressive. 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. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. 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. past performance). These factors are the following: 1. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. Yes___ No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. If you can present concrete and credible evidence of such mitigating factors, it will go a long way to helping your cause. 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. Douglas Factors - Postal Reporter If, for example, management had sent a memo to all employees explaining the rules and potential discipline for the personal use ofoffice supplies and then two weeks later your took three reams of paper and a stapler home with you, management would have a strong argument that you were on notice and still engaged in the misconduct. Also any awards or accolades the employee has would be mitigating in nature. 10.Right to Reply Paragraph: Sample: This notice is a proposal and not a decision. PDF The Douglas Factors So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Contact your employee relations advisor to get the information to fill in the blanks.