The charge is the essence of an adverse action, and for a successful case, it is vital to get the charge right from the beginning.
The text describes a 3–step approach: charge selection and draftsmanship; penalty selection and deference; and a charge-by-charge critique of all key charges. The charge discussion covers: the basics of charges, kinds of charges, selection and drafting keys, advanced charge interpretation, elements and proof requirements, tips on power charging, guarding against charge recharacterization, and checklists of the most common errors and pitfalls committed by charge drafters, practitioners, and deciding officials. The charge-by-charge section covers all major charges with a list of elements and a draft specification, a discussion of those elements, related charges and easy-to-prove alternatives, the key cases (winners and losers), charge pitfalls, a defenses checklist and practice tips for each charge.
Penalty selection is also featured offering a discussion on penalty assessment and application of the Douglas factors, proving reasonableness and the maximum reasonable penalty, supporting intent penalties with non-intent charges, and avoiding the common errors made by practitioners and deciding officials.
This critical text now has an expansive supplement. The supplement updates the text with new charges, alternative charges and added practice tips. It addresses service efficiency, revisits notice, and clarifies the line between harmful error and due process. New checklists on charge drafting, avoiding pitfalls, and working with deciding officials are also included. The penalty section addresses the ongoing wave of mitigations with a model proposal, model final decision, and tips on working with deciding officials, including an example of a deciding official’s hearing testimony concerning penalty choice.
*Includes the 2009 supplement.
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