360 Union Blvd
Denver, CO 80228
MSPB Law Week covers the basics of disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases. Special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
The program runs 8:30 – 4:00 each day.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
William Wiley, Deborah Hopkins
Adverse Actions: Statutory basis including the Civil Service Reform Act; the new Department of Veterans Affairs Accountability and Whistleblower Protection Act; he five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline.
Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2130
- 4 days = $1750
- 3 days = $1350
- 2 days = $960
- 1 day = $530
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.