table of penalties douglas factors table of penalties douglas factors

The notoriety of the offense or its impact upon the reputation of the Agency; 9 . What every federal employee facing discipline should be familiar with: The Douglas Factors. 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 . In some instances, you may want to request that management reconsider your case. Federal agencies may take disciplinary action against employees who engage in misconduct. EachDouglas Factor can work for or against an employee depending on their specific case. That translates into harsher penalties for repeat offenders. The thrust of this factor is that the more prominent the position, or more trust and power you hold in the position, the more seriously the agency is going to view any misconduct you engage in. 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 ALL RIGHTS RESERVED. hmo0 U6S!)Mh~wP`B|)ZAp!= xCKno:Phj-bXJbAw,,M]KO2]fka8c iGusuOIt XG.2o*XYa&5'0>lw,Utr;(}s]6rqGp_g5>G7eucOL_>& The Douglas Factors: What You Need to Know - Medium Managers should contact the OIG or law enforcement where criminal conduct is suspected or alleged. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. Your absence was not approved by your supervisor. Sometimes management may misapply factors, or misconstrue them. In many cases, managers act as deciding officials in discipline cases. Douglas Factors for Federal Employees - berrylegal Points to issuance specifically, to warrant mitigation where, and explore all other commenters stated above that. 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. If an employee is unwilling to even take responsibility for their actions, how can a manager be confident they will be rehabilitated after they are disciplined? Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . Explanation, if relevant: (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? 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. 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. 51, 8 (2001). This means you should provide objective facts to support your arguments if you can. Employees who can appeal an adverse action to the Board have constitutional due process rights. These 12 factors play a key role in the outcome of federal employee discipline cases. While each case is different, seeking alternatives may be useful. Breaking an obscure rule will be viewed less harshly than breaking one that is well publicized, and particularly one on which the employee was given specific notice. Any personal issues going on around the time of the misconduct should be brought to the attention of management. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. 280 (1981). It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. The first Douglas Factor examines how the level of misconduct relates to an employees particular duties, as well as if the offense was committed intentionally. Note. PDF DOI Department Manual Table of Offenses and Penalties 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 Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). This factor is generally an afterthought for both management and employees. Yes___ No____This factor is one of the more technically difficult to apply. 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. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. The nature and seriousness of the offense, and its relationship to the employee's . Contact your employee relations advisor to get the information to fill in the blanks. To some extent, this is a subjective question. ?Y9"0t@_, l 3bNC+ sj2 *+2UjBu^sW6\ r 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. Misconduct and Discipline | U.S. Department of the Interior Management has likely even required you to review the table and sign a form asserting your knowledge of it. In that case, the Merit Systems Protection Board laid outthe twelve factors that need to be considered in any federal employees discipline case. The Douglas Factors . Conclusions and vague statements do not hold much weight with third parties. posted June 9, 2003. Non-SES probationary employees generally cannot appeal an adverse action to the MSPB except in very narrow circumstances. Starr Wright USA a marketing name for Starr Wright Insurance Agency, Inc. and its affiliate(s). Relevant? Do not deny the existence of bad facts. 1999) (holding that the Board inherited mitigation authority in misconduct actions from the old Civil Service Commission). Cir. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. We are currently not taking any new cases at this time. PDF Douglas Factors In Depth - Branch 38 NALC If you have been disciplined before you will face harsher discipline going forward. Be clear, terse, and apologetic. Alcohol-related: (1) Unauthorized possession of alcoholic beverages while on VA premises. 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. 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. Has an employee been on the job for a long time? What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? generadores de diesel precios Ultimately, the more credible evidence you can provide to support your position the better. Yes___ No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. PDF Douglas Factors In Depth - Letter Carrier Connection The Federal Starr arms federal employees with the wisdom and insight to successfully navigate their career, create stability for themselves and their family, and continue on their mission to serve the public. In cases of severe misconduct, it may be appropriate to conduct an independent investigation of the misconduct through the Office of Human Resources, a third-party contact investigator or the Office of the Inspector General (OIG). The idea is that discipline is meantto be corrective and progressive. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. This Douglas factor can be extremely helpful for purposes of mitigation where a federal employee has continued to work successfully in their normal position (i.e., not placed in light duty or administrative leave), over an extended period of time, after the underlying allegation has occurred. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. With policies that cover up to $2,000,000 in liability coverage and up to $400,000 in administrative defense coverage, and a team of former Assistant US Attorneys and Federal Employees, Starr Wright USA will be your trusted advocate throughout the entire process. 3 0 obj Negligent or accidental incidents will be viewed more favorably than intentional acts. For instance, if an employee who works in finance is caught stealing, their supervisor may no longer trust them to handle money. Sample 2: You have the right to review the material relied on to support this proposed removal. 2278 0 obj <>stream Additionally, you have the right to pick a representative of your choosing should you not have union assistance available to you, or you wish to hire a different a representative. This is because it puts you on notice of the penalties which is factor #9, below. Visit WrightUSA.com to start your policy! Douglas Factors matters vary from case to case and federal employees should consult with an attorney. 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. 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 It is important to support this Douglas factor with significant documentary evidence (e.g., copies of performance records, letters of commendation, positive letters about performance by supervisors or members of the public, cash or performance awards, declarations or affidavits of supervisors). On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . 9 Ward v. U.S. The Douglas Factors: Disciplining employees is a fact of life. This is a very fact specific factor and will depend on the managers opinion as much as the employees misconduct. DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com For example, where a federal employee has been placed in an unpaid suspension over the course of several months while an investigation was pending, we would argue that this should be considered as part of the penalty served so that the ultimate penalty issued should be reduced. The Federal Starr is a publication by Starr Wright USA. PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army What kind of recovery can I get in my discrimination case? 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. These factors are the following: 1. See U.S. 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. It is more often used to attempt to aggravate a disciplinary penalty. 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 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. The notoriety of the offense or its impact upon the reputation of the agency; . Factor 7: Consistency of the penalty with any applicable agency table of penalties. 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. 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 determining an appropriate . 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. The Table of Penalties in the Departmental Manual (370 DM 752) provides a non-exhaustive list of types of misconduct for which the Agency can discipline employees. Cir. 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. Before sharing sensitive information, make sure youre on a federal government site. Guidelines for determining appropriate penalties 2 - 3, page 8 Additional considerations 2 - 4, page 8 Chapter 3 Table of Offenses and Penalties Guidance, page 9 General 3 - 1, page 9 Offense column 3 - 2, page 9 Penalty column 3 - 3, page 9 Appendixes A. References, page 18 B. Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. -What kind of recovery can I get in my discrimination case? The Douglas factors 8. affidavits, performance ratings, SF-50s, letters of commendation) for the record. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. <> Can someone help me present the Douglas Factors to management? A familiarity with the Douglas Factors will help managers understand the analysis they must undertake when making disciplinary decisions. Can an employee take responsibility, correct their behavior and come back to the job?