§1215 Disciplinary action

Summary

When the Special Counsel finds that an employee should be disciplined for things like a prohibited personnel practice, breaking a law or rule, other covered misconduct, or knowingly refusing a Merit Systems Protection Board order, the Counsel can send a complaint to the Merit Systems Protection Board. The employee gets time to answer in writing and orally, can give affidavits and documents, may have a lawyer or other representative, can have a hearing before the Board or an administrative law judge, can get a transcript of the hearing, and will receive a written decision and a copy of any final order as soon as possible. The Board can order removal, a drop in grade, debarment from federal work for up to 5 years, suspension, or a reprimand. It can also impose a fine up to $1,000 or combine fines and punishments. If the case involves the specific protected activities listed in section 2302(b)(8) or parts of 2302(b)(9)(A), the Board may still discipline the employee if that protected activity was a significant reason for the action, unless the employee proves by a preponderance of the evidence they would have acted the same without it. There is no internal administrative appeal of a Board order, but the employee can ask a court to review the order under section 7703(b). For state or local officers covered by chapter 15, the Board follows that chapter’s rules. For certain presidential appointees in confidential or policy-making roles (not including Foreign Service), the complaint and the employee’s response go to the President instead of the Board. For members of the uniformed services and people working for agency contractors, the Special Counsel may send recommendations and supporting evidence to the agency head. The agency head must report back to the Special Counsel within 60 days about what was done or what is planned for each recommendation.