Developments at the MSPB: On January 31, 2020, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2019. The report discussed the current status of the MSPB's overall case processing in FY 2019.
News from Passman & Kaplan: Passman & Kaplan Founding Principal Edward H. Passman will be speaking at the Federal Circuit Bar Association's United States Merit Systems Protection Board Summit, scheduled to occur in Washington, DC on May 19, 2019. Mr. Passman will appear in the panel discussion, "Settlements Under Executive Order 13839". This panel will be discussing the ramifications of Executive Order 13839 (previously analyzed in this blog) on settlement negotiations in proceedings before the MSPB. For more information on the Summit, check out the Federal Circuit Bar Association's website.
News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Merit Systems Protection Board on May 21, 2019. The discussion, "Latest Developments at the Merit Systems Protection Board CY 2018 Year in Review", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For additional details or to register, see the ABA's website.
News from the Federal Circuit: Although the Merit Systems Protection Board (MSPB) continues without quorum, its chief reviewing court, the U.S. Court of Appeals for the Federal Circuit, has continued deciding federal sector adverse action cases. Recently, the Federal Circuit issued two new decisions of interest:
Developments at OPM: On October 10, 2018, the Office of Personnel Management (OPM) issued Interpretive Guidance on implementation of Section 5 of Executive Order 13,839. OPM's Interpretive Guidance clarifies some aspects of how Section 5--the provision limiting modification of federal personnel records in settlement--should be applied.
News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275. The Court upheld Mr. Villareal's removal, finding no per se due process violation in the long delay in deciding to impose discipline.
News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No. 1:18-cv-1261. The Court struck down significant portions of the three May 25, 2018 executive orders concerning federal employees.
News from Passman & Kaplan: As a public service, Passman & Kaplan wished to generally warn federal employees about the often-short response deadlines that apply when federal employees are faced with a proposed adverse action, in light of recent changes in the law.
News from the Whitehouse: On May 25, 2018, hours before the start of Memorial Day weekend, President Trump issues three executive orders with potentially far-reaching negative consequences for federal employees.
News from the Courts: The U.S. Courts of Appeals for the 7th and 9th Circuits each issued recent whistleblower reprisal decisions. Both courts reversed rigid Merit Systems Protection Board (MSPB) decisions requiring specific fact allegations in whistleblower claims at the Office of Special Counsel (OSC).