If you’ve been in the business for more than a few days, you know the importance of drafting legally-sufficient disciplinary charges, and making a reasonable penalty determination. Yet many agencies still lose cases because of poorly drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will cover the factors required to determine an appropriate penalty for employee misconduct. Plus, with a quorum now restored, we’ll look at how the brand-new MSPB views charges and penalties by deconstructing the first Board cases we’ve gotten in over five years.
Attendees will learn how to:
- Discuss the MSPB and Federal Circuit lead cases involving penalty determination.
- Defend the penalty using the Douglas Factors – or related penalty defense factors.
- Draft effective proposal and decision letters.