This Douglas factor comes into play when the Agency picks and chooses different penalties for similar-level federal employees. 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. In particular, the lack of clarity argument refers to the rules governing the underlying allegations at issue. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). \3zn8SJOkRL8=/q1qRZjwBKoL `3e8Zg-?3L#wX|1P)3|\gbi nLY~@WTRSRIG. Specification #2. PDF The Douglas Factors Factor 7: Consistency of the penalty with any applicable agency table of penalties. They know the stress of a career, they know how life can be difficult. Douglas Factors in Federal Employment - InformedFED endobj Knowing what managers are looking for will aid your oral reply presentation, and could be what saves you your job with the federal government. 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. stream affidavits, performance ratings, SF-50s, letters of commendation) for the record. As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. PDF Douglas Factors In Depth - Branch 38 NALC Once an employee has a disciplinary record, its harder to defend against new charges of misconduct and more difficult to argue that a mitigated penalty is deserved. Internal Control Evaluation, page 21 . If you list a factor you must explain why it is relevant. Those in positions of higher levels of trust and authority, such as supervisors, are held to a greater level of accountability than those in non-supervisory positions. An overlooked factabout the cost of hiring an attorney is that they can actually save you money. Your representative, if an agency employee, must contact his or her immediate supervisor to make advance arrangements for the use of official time. 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:#/ Only relevant factors must be included. The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. 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. Sample: If you need assistance in dealing with any personal matters, the Employee Assistance Program (EAP) is available to provide confidential counseling services. 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. The site is secure. 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. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). 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. A good example of negative notoriety are the recent cases involving Secret Service Agents that hiredescorts in South America. The Douglas Factors: What You Need to Know - Medium Explanation, if relevant: (2) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. Managers must apply penalties that are similar to those imposed in like cases. Which is why Federal Employee Professional Liability Insurance is critical. 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. 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. 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. past performance). This Douglas factor is not one of the more commonly cited Douglas factors. 4.Charge: (Alleged misconduct - the reason the action is being proposed) Samples: Charge: Unauthorized Absence(Number of offense if applicable) or Charge: Unauthorized Absence Third Offense 5.Specification(s): The facts and evidence that establish the misconduct charged took place. For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. PDF Douglas Factors - AFGE Postal Service, 634 F.3d 1274, 1282 (Fed. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. The fourth Douglas Factor requires managers to take an employees past performance into account. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. It is important to note a case was recently lost in another government agency when the deciding official stated the Agency's zero tolerance policy on workplace violence required him to remove the employee from governmental service. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 4 0 obj Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. Starr Wright USA is an insurance agency specializing in insurance solutions for federal employees and federal contractors. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. Don't force misconduct into a listed offense unless it accurately fits. If they refuse, your only recourse may be arguing your adverse action before the Merit Systems Protection Board (MSPB). The national media picked the story up, and it was very detrimental to the agency. Yes___ No____This factor is one of the more technically difficult to apply. There are certain standards of behavior and conduct expected of employees by our external and internal customers. . What if I do not agree with managements analysisof a specific Douglas Factor? Yes___ No____What needs to be done to deter the conduct in the future by the employee or others? 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. Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. See U.S. 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. In some instances, however, an employees misconduct will be so severe its obvious they cant be rehabilitated and brought back on the job. Can someone help me present the Douglas Factors to management? If you have been disciplined before you will face harsher discipline going forward. Before sharing sensitive information, make sure youre on a federal government site. PDF The Douglas Factors - National Federation of Federal Employees The key is credibility. 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. hmo0 U6S!)Mh~wP`B|)ZAp!= xCKno:Phj-bXJbAw,,M]KO2]fka8c iGusuOIt XG.2o*XYa&5'0>lw,Utr;(}s]6rqGp_g5>G7eucOL_>& Table Of Penalties Douglas Factors After you have this list it should become pretty clear to you which Douglas Factors you want to focus on with management. The .gov means its official. %PDF-1.5 % However, the principle of "like penalties for like offenses" does not require perfect consistency. Deviation from the guide is allowed but going beyond or outside the penalty recommended in the table will be closely scrutinized. The Douglas Factors should be considered in selecting a penalty. This factor is listed last because this consideration should occur after a thorough analysis of all the other Douglas Factors. Regardless, try to avoid getting into an argument with management over factors. If you are looking for a representative, note that we are not taking on any cases at this time. 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. Factor 6: Consistency of the penalty with those imposed upon other employees for the same or similar offenses. 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 Chapter 4. Hud Table of Offenses and Penalties The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. Obtain insurance protection for your career today. Your absence was not approved by your supervisor. Starr Wright USA a marketing name for Starr Wright Insurance Agency, Inc. and its affiliate(s). 2015). Relevant? We often use this Douglas factor to illustrate personality conflicts in issuing proposed discipline by the proposing official or harassment by others in the workplace which led to the proposed discipline against a federal employee. the case of Douglas vs. Veterans Administration, 5 M.S.P.R. Generally, one of the most important areas in defending a federal employee in these types of cases involves arguing the application of the Douglas Factors in attempting to mitigate (or reduce) disciplinary penalties issued in a case. This one is pretty self-explanatory. 2 0 obj @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. The reason(s) for this action is (are) specified below. 1349(b) requires a suspension of not less than one month for the use of a Government vehicle for other than an official purpose, and the appellants actions were closely analogous, it would be inappropriate for the Board to scrutinize whether the agencys penalty of a 30-day suspension was warranted). A supervisor cannot just say it; he/she has to prove it. Do you need a table of penalties in OPM? In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. This factor lends itself most to employees arguing for leniency in their case. This is because it puts you on notice of the penalties which is factor #9, below. What is the table of penalties? - idswater.com However, if you properly argue this factor it can go a long way towards helping your case. generadores de diesel precios We need to specifically state why there is erosion of supervisory confidence. 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. yQB9RR_C}xxx+i$yyyzy^*UTTq^yu! Ability to perform, and supervisory confidence, Consistency of the penalty with other cases, Consistency of the penalty with agencys table of penalties and offenses, Adequacy and effectiveness of alternative sanctions, Applying the Douglas Factorsto your case. Discipline can range from letters of reprimand to short suspensions. Additionally statements from managers or co-workers as to your ability and integrity will be helpful. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios \|Y,y#}|\G|u|.;HWO)58rHY.+ry9$~]BJNwn;`L\RU=TDrwumX=XDjuh:bIvMQg:u?*:qKK~#q!?). <>>> These terms are used commonly in Douglas Factors application. 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. 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). If this is impractical to do, use Sample 2. Factor 10: Potential for the employees rehabilitation. We argue this factor, in most cases, to attempt to reduce a proposed removal to a lower form of disciplinary action. 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 ninth Douglas Factor asks whether an employee knew or should have known about the potential implications of their actions. Private sector cases are drastically different. Cir. PDF Committee on Oversight and Government Reform U.S. House of 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. 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. 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. 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. 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. what extent, the "Douglas" factors come into play or how egregious the act was. 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. Factor 3: The employees past disciplinary record. Visit WrightUSA.com to start your policy! You and your representative, if an agency employee, will be allowed a reasonable amount of official time to assist you in your reply, to review the material relied upon to support the reason for the proposed action, and to prepare and present your written and/or oral reply. Just knowing the rules, however, cant fully protect you if a case should arise. We are currently not taking any new cases at this time. Or in another case, if an employee has continued to work in their position over the course of a long period of time after the allegations are under investigation, this shows that the Agency continues to have trust in the employee and that the employee has continued to perform well despite the initial allegation. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. 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. 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 the offense is related to duties that are at the heart of an employees position, penalties may be more severe. 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. For example, we might argue that the lack of a clear agency policy on computer usage should result in mitigation of a penalty for an employee that has been charged with misuse of a government computer. Generally, this factor comes into play when an employees alleged misconduct has been reported by the media (press or television). 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.