What is Due Process in Federal Civil Service Employment?
Excellent question. Interesting report. Good reading.
Curious about the evolution of the civil service system? You'll find its history concisely described in this Report, issued in May, from the MSPB Office of Policy and Evaluation.
But the Report is more than history. From a synopsis of the statutory development of civil service law enacted to reform the spoils system of appointments during the bad old days, the Report advances to case law from the Supreme Court and the Federal Circuit defining and refining statutory and constitutional protections.
There's more. The Report makes note that, despite the many protections-constitutional, statutory, and regulatory-it is possible to dismiss federal employees. Cited is a statistic that 77,000 federal workers were fired from 2000-2014 for performance or conduct issues. And to assist in increasing that number (with justification, of course), the Report outlines the steps necessary (to ensure due process) to initiate disciplinary and adverse actions.
Coincidentally, Dewey Publications just released:
Read the Board's Report and Renn's book, and you'll know what you need to know about the due process implications of prosecuting and defending federal personnel cases.