Federal personnel manual system

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Material Information

Title:
Federal personnel manual system
Portion of title:
FPM letter
Physical Description:
Book
Language:
English
Creator:
United States Civil Service Commission
United States -- Office of Personnel Management
Publisher:
United States Civil Service Commission
Place of Publication:
Washington, D.C
Frequency:
irregular
completely irregular

Subjects

Subjects / Keywords:
Personnel management -- Handbooks, manuals, etc -- United States   ( nal )
Civil service -- Handbooks, manuals, etc -- United States   ( lcsh )
Personnel management -- Handbooks, manuals, etc -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
periodical   ( marcgt )

Notes

Issuing Body:
Vols for 1979- issued by: Office of Personnel Management.
General Note:
Description based on: 410-19 (Aug. 22, 1977); title from caption.
General Note:
Latest issue consutled: 292-23 (No. 3, 1983); title from caption.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 021549616
oclc - 06727309
lccn - 2009238041
System ID:
AA00012996:00035


This item is only available as the following downloads:


Full Text



Vil.. UEI ap i.Ns Publshed in advance
..... ." .
f incorporation in FPM
J '"" ; ;; -- pl 990-1
talReSa BMSPRtML Officesie ta 1*iAN 'Unf. SUPRSEDE)
..... .. .... .. ..... .... *: ::: : ... .:. 9 9 -

....... .. ..
..... ... i Washington, D. C. 20415




(u aof4( -k ,the Si.s: fati n Board (MSPB)
*g dig aepttt.he Federal egite o 4 eamber 21, 1979, replacing
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alC that veti published on $anary 3, 1979
,... .. ... .... ."


' I ::" :15. I:.liC O LC chn e ions to the


* : 41: be:.. pdh ite .. the lMD edittn a: T3,tle 5, Code of


n -a %he 1cedurem: for the receipt ji-a4 testigation by

ad *.tI : tPtZ service la i, ule.s, terrses1tions. The regu-
..ete4o the receipt .ad refuel f whistleblower

: o it tfua regulation t federal agencies. AsA a courses
aSe: ,to reesphal t t po tea e of these regulations,
h i 'C rg~dlatiats, as a l i the, technical cor-


i.i.t e OSO rglation, iin t portolt dE the Federal Person-
.: .il p rodle r tnce service f or
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Attachment to FPM Ltr. 990- 2
1 of 11



75314 Federal Register / Vol. 44 No. 247 / Friday, December 21, 1079 Rules and Regulations
J- .- I .., I


OFFICE OF THE SPECIAL COUNSEL,
MERIT SYSTEMS PROTECTION
BOARD
Ssc Pwat Z m-i
ProhIId persnneI Prctice and
Activies: Procedures for the Reelpt
and Ivetoatgon of Allegation
AMO y: Office of the Speial Ceunsel.
ACTOM Final rules.
mumuir These regulations set forth
the procedures for the receipt and
invest tion by he Office of the Special
Counseof allegations of prohibited
personnel practices in Fedal enies
and activities prohibited bother vil
service law, rue. or regulto. The
regulatns also establish procedures for
the receipt and referrl of whitleblower
allegations to agencies for Investigation
ora report.
app Ms mam December 2, 216
M MUItmn muosmATmN com.a
Mary Eastwood. Associate Special
Counsel (Ivestigations) Office of the
Special Counsl 1711 H. Street N.W.
Washtagton, D.C. 21s11 (a)202-4 7 ).
anum y rA in oauimm The
Special Counsel published interim
procedures for operations in the Federal
Regsitsr on January ar 199.l4 FR
e. On August a W7% proposed
na galadnos were published for
comment (4 FR 45). These
regulations superseded the interim
regulations. Comments wen received
uam eleven Federal ances one labor
organization. aMd ive public interest
groups. Following is summary of the
major comments and changes in the
reguladous as published on August 24.

A ftio4. The defiitin of
"whistlebl b has been revised to
make clear thai disclosure of
Information pghibited by statute s not
protected e pt asnoted below. The
definition eillso expanded to make
clear that protected disclosuiamay be
either oralr written, and that the
information may be discoid to m a
person, wether within or utsidthe
agency. either, protecteddihslosure
include disclosures to t Spliial
Counsrin agency Inspetor General
or oteiagency employ dqesnated by
the iency head to receive s
Ilstnaton. even ifthe disclosure
w ld otherwise be piohibfitd by
ute or required y Executie order to
Sept secret in the Intereit national
defense or the conduct of tet alra.
I' ne co mmentir i~stggee o h
Sdeletion of the etlteittat :where the


information disclosed affects only the
personnel situation of the complainant It
will be treated an allegation of a
prohibited personnel practice o
violation of other dvil service law rule,
or regulation, and the complainant will
not be considered a whistleblower. This
change has not been made in the
regulations because the Special Counsel
has direct investigative Jurisdiction In
such cases. The intent of the statement
Is to retain investigative authority in this
Office rather than eerring the matter to
the agency. uas n th cAs of
wistleblower allegations.
A defniti "abuse of authority"
has bee added (5i 250.(f).
The defnitio of prohibited personnel
practices (I U53(b)(9)) relating to
reprisal for eercig n appeal right
granted ylaw, rule, or regulation, has
bee vised to make clear that the
exerciseof en appeal right includes he
Initial fllng of a complaint or a
grievance. Employees who win their
complaints or grievnces of course do
not have to "appeal". It would be
contrary to te purpose of the Clvl
Service Refoer Act if only employees
who lost their complaints or grievances
ed had to appel to another entity
were protected from reprisal
One commentor suggested that the
desfinton of p ited personnel
practices ( IUma(b)(l10), rlating to
discrimination based n conduct that
does not adversely affet the
performance the employee o
applicant or the performance of others
be amended to make explicit that
discrimination based on union activity
or membership s covered. Sucd
discrimination s an unfair label
practice and. of corn, l within the
primary responsibility of the Fedeal
Labor Relations Authority (5 U.S.C
e711). Although discrimination because
of union activities could dlo constitute
a prohibited personnel practice, specify
examples of proctcted conduct a not
set forth in the definition to avoid any
construction that may limit the
applicability of the provision to. the type
of conduct expressly mentioned.
Matters Subject to Specia Counsel
Investigation
n 3 .l A new paragraph (d has
been added to 1251.1 to include the
Special Counsel's authority to
investigate matter and order conecve
action, under the Freedom of
Information Act and the Right to
Financial Privacy Act of I u on the
basis of court findings


Defeal to Administrative Appeals
Remeihmns
(i 2IMr e}. One commenter suggested
oat he Special Counsel should not
Investigate any allegation that could
have been the subject of an appeal or
grievance, except where the
complainant can show cause for not
il timely appeal or grievance. This
wouldbe nuly restrictive on the
authority of the Special Counsel.
particularly since most matters are
grievable. Section U06(e)(2) of title 5
United States Code. contemplates
deferral to an administrative proceeding
only if the Special Counsel determines
that the matter may be more
appropritely resolved by that
ce4du. Many complaints received in
h Special Counsel's Offic allege that
pny procedures re not effective or
that thee i failure of the agency to
process the grievance o other matter.
hu, in some Instances where thee Is
n available agency procedure he
Special Counsel could not make the
stataty determination that the matter
may be mre appropriately resolved by
th enc procedure Defernd In those
tuations would not be proper.
Section Iss1s(c has been revised to
provide that whee a complainant failed
to file a timely administrative appeal.
the Special Counsel would not defer if
the complainant en show that he was
not notified of the time limit and was
not awae of it or that circumstances
bend s control prevented him from
eig timely appeal.
EIZbauston Agency ocedures as
aeqlshe Special Camul Action
One commantor suggested that a
pliey statement ca be included in the
nations On whether al other
nistrative medies should be
exhausted before a whisleblowing
complaint is brought to the Special
Counsel. Such statement is not
Included because the state clearly
provides for direct subission of
allegations to the Special Counsel (5
U.S.C. umoe(b)SX1 as well as for
submitting allegations to the Special
Counsel after they have been disclosed
In the agency or elsewhere.
Notice of tinating Investigations
S1 i4t.L One agency recommended
that Oft agency, as well as the
complainant be notified when an
ivestlgation Is completed or
terminated. The statute requires that the
Complainant be notified in all cases (5
U.S.C. 2206(a)(2)). However, in many
cases the inquiry or investigation Is
terminated after review of the material
submitted by the complainant and



















































One ciamentor suggested that the
regulation should require that an
alleged ofilder be Informed when a
complaint is filed so that he has an
opportunity to defend himself during the
course of the investigation. It is the
pedl Counsel's view that the rights of
aled offenders are amply protected
by the statute the regulations of the
Merit Systems Protection Board (5 CFR
Parts 1200-12i2- a added by 44 FR
8U32)], and the disclosure policy of the
Office of the Special Counsel (Appendix
I to Part 1261. I F).Moreover, the normal
nlvestlgative procedures of the Office
Include opportunity fbr all witnesses
having Information regarding a matter to
submit their view o the investigator.


allegations of prohibited pruna
patian and certain thr aoli~ r of
w. rule or regulation.
(b) To receive and rfer to agncfele
for investigation or a report ca
disclosure of information rasemMuly
believed by the discloser to evident
violation of any law. rle. or regulr6atn
or mismanagement, a gross waste df
funds, an abuse of authority, r a .
substantial and specific danger todubie
health or safety.
(c) To recommend corrective otla to
the agency involved when it Is
determined that there t reasnable
ground to believe that a prohibited
personnel practice has ocumed, ednat
or is to be taken.
(d) To file with the Merit Sptom
Protection Board mqumst to oeder


()An
(3 An fdvei L tder.hi
76 of title 5.UtS CodT
(4) A detoart 1 rMi .
m l f i ic lU I:':" :'w : .... : :":EE' :
d(51A)ln sem

A p...' per;m
chapter f title 5,. to .i
(9) A decision coMm, "
benefits. or awards, or.i
ducation or training if t:f
pinAa BT Osusablya :to
pMad to an appoPntment::
perfoaance elb~auatiaon, o i Ier-
personnel aciS: r .o




E"..i





PWS Federal Regit / Vol. 4 No. Mp I ay, December at. 199 /I les and Regulations
..' .- *I. .. I .. ..... l i i ii ....... fii ". .......... .. ". ........ ". .


lnconuistent with heemnply'faneulaqy
S. gradelevt
(SPluejbitt: pe.lhelmgtetlrcti
.du ,a action by employee wh* ha.
ai: uthiolhiy to tahini direct others to liake
ciii meiind ori appiVe my me li:.
T7hat dlta. lluat fer oragaloat


:Ad*don, mlui ts
i. :! ''.'.i ._ m ibhitedo




|ii|, -i i fi i.i

A.- staor teaot

i IL Z AdiL





qzuiwu.~l sui ur -s-Ye'
say





:iujL Oeb LDiril utit ,
s um compelita anyi





rsii:::as p''iposiffij CICi ng B "
rojloflhs pnoarseiMfninaw

u g.d ge not aUt lwinte




proipecteil of nyltml ppeuuA .i.m b

advianchir advets t e sppr a til
advaaient hro a ijtcr u1Bi piii


definetdinS U.S.C. siiotl empoiy i s
the smp loyua sunn ..
pofficlia deimned pin U -il -a
over wich &e mplots *eorer.
lurddats or costwdg a iiaiflseta
actiO witt ranespeca.to u.pII pO S .

appicaint fr istplqmttsiuthudw d,


forelif aikhisblowur. definedin
par .gp N. of this otln. ,
(3) 4Tota ui fau to take spvaoinoel
aSction agait ta iapC n is ot appimant
t nlf a p.a upnt a reprsialtuor &*:
aasritae a ,in; ::- ,
mal }To uilatn f a gputedy

aoan ba iis 01 t which bioei not
advarxely ec epef ance of th
miprltpol athe
perfoasete411 -or
(11) To tk ator fal to tkake oelir

law. l. mnsglatia aplmun or
edie lye~ai the Smeit M system
prlnmtpl~i esaitebu6 in 5 U.SC. 20L.
(a) Ilm Matdbthd imans a pu t
for Pedal implegimsnt whbo discoises
Innarmtlm ha rlUeably aelens
vStdeass a vimatinerm eny law, aib os
waste ofm a. ab of ab a I.thi.tl. ar
* eulianmid mpecfoi danger to put bt
healthorwefet. ifb dIlosure n
psdlflBy prhibfted by statufa nad If
suchl mibentala Is not h plifiulRj
equird by Ia far ord to betp
assette the aitrest uofnafioul diibase
wathe ionduact foreign aalts. A
protected disclosuNe may bsinll ow
written and to any peoon within of
outsd the a emy. Dioe of
s anfo nato to the Specal aCounseL
pagecy Insrector GaaL, or ait r
ihtpee dtuhlgn led by thei a ct
head to ncev e sncb lfoumstlan Is
.MlMbtad ewn Lf tha disclosure would
otherwise be prohibited by e tute or o
otherwise required by EecuatWI order
tuobe kept asct Where the ah famatloa
disclosed affects l e tpeasontael
tluatlon of the omplabahnt It Wti
normally be treated as a allegatio of a
profited per onnel pneilor ]
folation of other civil mrvie law. tile
i regulation, sad the complalanst will
aot be mndred to ba e a th rtloehiowmr.
(d "Gros waste of funds" mean
unecasespry expenditure of substastial
isum of money, or a series of Iastanc
of unnecessary xpenditiwes of smaller
amounts.
(e)"Mtsmanagement" means wrongful
or arbitrary and capricous actions that
may hae an adverse eect on the
efilaent accomplishment of the agency
mission.
( "Abuse of authority" mean an
arbitrary or capricious exercise of
power by a Federal official or employee
that adversely affects the rights of any
person or that results In personal gain or
advantage to himself or to preferred
ether persons


PAM? tfSi-iNVESTIGATIVE
AUTHORITY OF THE SPECIAL
COUNSEL

12541 lattm1 subject to investigation.
: 513bet a Bt to adlnlstradve appeals
22ss A. k0atigatin policy In dscrnniinason
j25, G0ott'Gasses. dnd lamninsting
MIA Ai auoDnultsofJoveetigatlis.
*13i1. tlers O uiles to kveefalsean.
.t Special Counsel is authorized-
Ti Twelve anud Investlgateo
O.e a ined In section 12S3 of
i n=tt and to determine
iW the e reasonable ground to
pri 0 o currudiedstsaoristoabe
,tak:en(6.C. -120ea)).
(b) iadd~tlo to matsen described nl
pararaph (l) of ths ecU t conduct
*a nivetigatianoiamy allegation
li acii by Federal
i eamnd mployees of the District
S mGoveanwment prolIbted by
S.bcptlua 4 f cMhaPter of ttle S.
United States Cods(Hatch Ac*t


i ae (atch Act)
(i)'ai d _o
dad, bby or almtin a


) Iep hat the Speal Counsel
Sei make lve .atin under ths
suba dial y w itholdg o f foreign
ontiaon mhe disloiure of which i
speclfeally protldlted by law or by




seteirm ~j detberemine. nt the

aoiatelmoWundor an administrative
apea and
(5)j tlvment by bsay employee In
any prohibited dcrinaton found by
any coSrt or apJfopriate administrative
sautority to have occurred I the course
ofaliy pllEanel. action, except when
the SpecaiCounsel determines that
such allegation may be resolved more
appirolately underan a dministratve
7apatcdprocede. ( U.S.C. 1206(e)).
c) t e absence of an allegation, the
Special Counsel is authored to conduct
am InviestgaaIon for the purpose of
determining whether there are
reasonable grounds to believe that a


3 of 11


























wMs N:O mme iNm n mun g me
,ioijll. ra se questions of whether an
officer ao employee acted willfully or
intentionally with respect to the
violation (section 1117 of Pub. L 6-ago).
IA 1JJ Dlrfenrl aesalWtrave

Semtion 0(e)(2) of title 5. United
States Code provides that the Special
Cousel abell make no investigation of
allegation described in I 1251.(b)(4) or
) aof ithi part if be determines that the
matter may be resolved more
npp~O lately under n administruve
appeals procedure. The Special Counsel
general will not Initiate an
investigation inf the following
:iieummuitaneM:
('Theemployee has a pending
appeal on the same matter before the
Merit Sytems Protection Board, the
ffice Of Personnel Management, the
Equal Employment Opportunity
Commsion. or the Federal Labor
Relations Authority, or a pending
ievance under a formal agency or
negotiated evance proceeding, unless
there is mfident evidence submitted
with the complaint to the Special
Counsel to indicate the matter is not
lei1g properly processed.
(b) An administrative appeal
proceeding has been completed. unless
there is euffilent evidence submitted
with the complaint to the Special
Counsel to indicate the matter was not
properly processed.
(c) An administrative proceeding was
available to the complainant but the
complainant did not file a timely appeal
or otherwise failed to pursue the matter,
unless the complainant can show that he
was not notified of the prescribed time
limit and was not aware of it or that
circumstances beyond his control
prevented him from filing an appeal
within the prescribed time limits.
(d) The complainant alleges a
violation of law. rule, or regulation in
connection with a promotion action.


dthiscmen~lnationcgmptep lWe already
been establied in genc a the
Equal Emplop met Op porlunji
Commaion, th Special onse ill
unrmally avoid ~~diii ths
procedures and defer to th.
procedures rather than tatim .
indepededent awistjgation. &uevrn the
Special Counsel wlA .
(a) Assert independent investiugive
urisdictin in those'im:.
where it appease: that te ag:uaybinat
processing the complaint consistent Clh
provisions o pplicable istatites d
regulations and
(b) In lieu of casseg In

agen i cyor EEgo n Smja
compleint, whenevr e !fimlnehit.
to be necessy ar prynt or


(a) The Special CilSIdiwffl tilfy te
complainant of the dlosi:g ia f cie
and the reasons therefore, whien ti
matter complained ofis not within the
Investigative jurisdictan of he Specilal
CounseL .. .
(b) The SpecalT ound will .i*y the
complainant of the teionatin of n any
Investigation under hiWpartintd 6e
reasons therefore,. and any sip taken
by the Special Counsml o the alegation.
112s1. Aatioesa on meslt
(a) If the Special iounseldeiter ines
that there are easonable pmoundtto
believe that a prohibitedipedrione
practice, as definedinS :15.3dof tthis
subchapter, has occun meditb or is to
be taken, which requbrs cor Utive
action, he reports his deleratintios,
findings and recommanffdillonathe
agency, the.Merit SystemS Proteclion
Board, and the Office of ~ i onel
Management, and dmszip.rtsauch
finding to the President (5 U.;.C.
120(c)(1)). If the Saeny involved fal


Emo


IbF rena tnl ntila
deterdii(~giriollag




codi laiin
ueponse to ime
resident forapprc
of presenting the
Merit System Ro
UvS.C. UOsW.
(e) When the Sp
that thae I min mi
prohibited perftoi
otherwrose amnmlel


mw nue or regam n. u ,WmeI
Counselmay me a Complatwil)
Boad against thbager
obtain aneder for appeopdite
comctive action. (SCi l
(v) If, in connection wi aull
investigation under this part. the




5 of 11


7518 Federl Regstar / Vol. 44. No. z7 /Fday, December n, 1979 Rules and Regulations
81 trrlldtrloIt8 I" II ,0a ..I I


Counsel determines that there is
reasonable caue to believe that a
criminalviolation by an employee has
occurred, he shall report the
determination to he Atturney General
and to.the head of theagenqcy ltvolved
and shallubmnito acopy ofte report to
th Direto of the Office of Peonnel
a .eagmment and the Director ofthe
..Ofice of Management and Budget The
.: feral of an alleged criminal violation
II to the At ney General doe not
S .p hludde te Special Counsel om
I enduatlig any investigation or
; i i sedng concerning prohibited
Spersonnel practice Instituted underthis
ii .. pest.(BU.,,1206(4(2j).

M fSAiION(WHSTLDSWWINO)



2=3. I*e.n. o s .
12.1 ApplIcability.


S12512 R uusl to agesr heads under


,fthU lmPaeg intall e fn e or o
eIdu aflige offaeigncy hea to e e


i the Iee of aional dr enort
ItntaaE l anbdepm e nl-a i it









substantial and special danger to the8
mfonn~4a u~ nt spl~ciially required by
WeM or 7$= tive .=de` t b ak t *scrt
Counsel dhe m teriones defense t m th


pubic healh ori afety.fair, Wh the



a1e2 Refeuuotn di hag Ioae em~ad su
dsdboserrbeasonably believes evidences



(i If a la eri review m thl or rgation






Information discloses a vilaitin of sii
mismanagement.aross waste offunds.
abuse af authority, or a btantial a d
speciub danger to the public health
puberty, he will, f the o inrfo tiw
tram Rtted to im by an employed or
former employee otr applicant for





employment in the agency which the
Information concerns, or by an
employee who obtained te I information
in ecenection wid these perd t ane Sp l
Cohis duties d responsthtli tes, a
ubthe ead of the ntl lielho th an
investiation of the nform action nd any
aw, rule or regulation. or
mismanagement. gross waste ofund6,
abuse of authority, or:& substantial and




related matters nd to sublit t alth o
Spetyal Coue will witten repair setting
transmitted to him by an employee or
former employee at applicant foa
employment t the agency Which mhe
Information concerns, or by -an
employee who obtained the infomtio
in connection with the peifonnance of
his duties and responsibilities, eqre
the head of the agency to o"duc`t an
investigation of the informati adim an
related matters and to submit to t1h
Special Cunase a written rapfrt~settin


fr the afndings ofthe head of the
agency .
bI Any report required by theSpeala
Cousal under thls sectmn shallbe
submitted within sixty (Wo) calendar
day after the date on which the. Special
Counsl transmitted the Information to
the head of the agency. or with any
reasonable longer period of tim agreed
to in writing by the Spedal Counselor
designee of the Special Counsel In the
event the agency finds that it is unable
to adequately investigate and report
within the time limit Imposed by the
statute, th agency shall as soon a
pa ticable, but not less thn 15 day
before the date the report bIs due to the
Special Counel the President, and the
Congress submit a written request to
the Spea Conel specifying the
additial time required and the reasons
therefore.
(c) An report required under this
seo hall be reviewed and signed by
the agency head and shall Include: (1) A
summay of the information with respect
to which the investigtiaton wa inltiatd
(2) a description o e cndut of the
investigation (3) a summary of ny
evidence obtained rom the
investigation (4 a listing of any
violation or apparent violation of any
law, rule, or regulation (5) a description
of any corrtive action taken or
planned to be taken a a result of th
investigation, Including, but not limited
to, changes in agency rules, regulations,
or practices, restoration of any
aggieved employee, disciplinary action
agnst any employee, and referral to
the Attorney General of any evidence of
a criminal violation.
(d) An port quired under this
section hall be submitted, by the
agency head, to the Congress and the
President, a well as to the Special
Counsel.
(e) The Special Counsel will transmit
a copy of the agency head's report to the
party who made the disclosure to the
special Counsel except when the report
includes evidence of criminal violations
referred to the Attorney General.
1 125IS Rferral to agency heads under
U.sat. 1 Mbx.
If the Special Counsel does not
require an investigation by the head of
the agency, the agency head shall.
within a reasonable time (but no later
than 00 days) after the information was
transmitted to him by the Special
Counsel review the information, make
any inquiry necessary, and inform the
Special Counsel, in writing, of what
action has been or is to be taken and
when such action will be completed.
The Special Counsel will inform the


complainant of the port of the agency
head
OU Failure of aney head to fle
ni perduantto aI 125te
Whenever the Special Counsel does
not receive required report from an
agency head within the time specified in
theletter of referral the Special Counsel
may transmit a copy of the information
which he sent to the agency head to the
President and to the Congress, together
with a statement noting the failure of the
agency head to file the required report
S12M Rkevew ofr agency report
Upom reoept ofany rept of the head
of an agency uder 11252. the Special
omelshall view the port and
dieteaniu whether ta findg of the
bead of the agency appear reasonable
and whether the agency's report
contains the information required.
I lu.r Fern latmoence or
euunterintalgme inftrmaen .
Sdiclosure under this part
Involig foreign intelignce or
__ntntelli4nI e Information. the
disclosure of wiich Is speically
prohibited by law or Executive order,
shall be transmitted by the special
Counsel to the Permanent ect
Committee on Intelligence of the House
of representative and the Select
Committee on Intelligence of the Senate.
PART t12gg53-IIN OF COMPLAIN
AND ALLEGATIONS

I21 PlaceeaffMian
iea Ferl mad omu tn
Url VPhdwal of complaJLn
25 Requet for stay of personnel action.
USla5 DIasure of Identity of complainant
ar whseblower.
1125M3 Plteeoel llg.
All complaints, allegations, and
Information under this subchapter
should be submitted to the Office of the
Special Counsel Merit Systems
Protection Board. 1717 H Street. NW.
Washington, DC 20419. or to the
appropriate field office lied below:
M30 Golden Gate Avenue, Room 114i54 Bo
a 87 San Franciso. CA. 9410
1100 Commerce Street, Room 9r3 Dallas,
Texas 7524
S12 Frm and content.
(a) Complaints. allegations and
Information may be submitted in any
written form, but should include:
(1) The name and mailing address of
the complainant or whistleblower,
unless the matter is submitted
anonymously




Attachmbent to FPM Ltr. 990-2
6 of 11




(2) 7%e department or agency, location I 1253. Discloew of M~Afil t of fwewtf anyv*g4
and orgnizational unit complained complinan OF wfitibblw mre *pptan SDa9ane
about. (a) The Identity of aq c h Sedf
(3) A concise descrptin of the whistleblower may I ot d_ the to, a
actions complained about. names and without his conseutt, Mkls'selyfr etnl
positions of employees who took these Counsel determines that the Iradetj~rpdty
actions, If known to the complainant. of the identity is necessary In chWer to
and datas, preferably In chronological camr out his funtians.
order. together with any documentary (b) The Special Obunsel will
evidence the complainant may have; determine to disclose the kdeatity of a un
(4) In the case of any allegation of a comlainant or whistleblower without 401b;; a
prohibited peronnel practice, the express conset only IF "
pmronnel action. as defined in econ (1) It is dlear from the submissions of an oder fa
125.3, that has been taken or is the complainant or whistleblwer that tfila oqeti-
proposed to be taken his Identity has already bee discloeO substance efm'
(5) In the Mase of reprisal for with respect: to the matter complaie of sCaiz
disclosure ofinthrmation by a W.a whr the party has filed aIl
whistleblower, the Wnfmation believed grinace, copainn t, or appd On the OI%
so evidence vwaiomo of Ism, rule. or matter or reported the mate to tbe 1V'
re dai m mi ma a ement gross w aste agency in p& gen ra o eq i a nt S t m n t h
substantial and specific danger to public (2) Immediate action bythe Special time it is file with
health or safety and when. to whom. Coufiente time tecsay hre iq-es cnset # 24
wul ho orIn what form it was %I"he the
(61 n te ca ofreprsalforcomplainant or whistleblower will be remove an
exercising appeal riots. the action or noiidoftedsloueimditl. ring sc
specific matter that was appealed or PAWT 1254-PROSECUTONSM systemsPte si
grieved the procedure Involved. dates. sats that-6h1
and nameof official rofflcer appealed empod ld
to, and decision an or status of the at local spbqe Of aa
2M.3 Enforcmuent of board decisiopcilnsm.eel iq
(7) A statement as to whether or not 2M.4 petifon for wltholdlat order. pcednsfor' A
the complainant consents, to the Special ksHearings an copaw int* Mold by the inie Md s ti6
Counsel revealing the complainant's Special CounseL option for a withldn
identity tothe agency. usMA Dismissal by te SPe-iml Counelt addltr~tea a
(b) If the cmlainant or 126m O1 Comlant the &WX
Whistleblwe do o fundsh Its Special Counsel in anabwbisd to I t"st :14-1 e t
Con elmay reus opliatt file with the Marlt Systemns Pfteaction WasSe"l es
Conn y equst he cmplinat tl Board. a complaint for disciplinary Any employee agate
doso beoeacdi an tecomplaint. mktio agis anepoeSeilCuslpea
ims~ Wmoo"w of insupantelw u or regulakan vi[4the Merit Systam.M
A reeakin anyhe wihawnm me together with a statement of supportfug shell.prnto &mtjaspU610i
any.. time .... s. Howve th Specal Conel... facts. The righs of employees *dgans Board. have Iths tight Jo*
ma cnuc n nesigtoni te whom coplaints ame me are set forth time t, ynwe randy hninw$
absenc of acmpan fan~ad wihdawal... in the Board's regulations Is CFR to furnish affidavits and wp
of a complaint dons not necessarily 10.U.dcmntyello4I W
result in termination of the Investigation. 125mu ta of ylmpersenl assas6 eyo flhe ta ,
IOUes.4 *N for dtay of personnw- (a) Ithe Special Connael may request hearin before the Board tan,,
Jadont any member of the Board to order a str administrative law judgedeiat
()A rqetfor t of pronl of any personnel action for 15 talena the Board. to hae" a transady
acto should be submittd to th days If the Special Counsel determines any headag, to a written, deal'tIaI
Special Counsel as early as possible and that theme are reasonable grooads to reasons therefor, and a copy sof
should include: believe that the personnel action was order on the Lomplaint.
taken, or is to be taken, as a result of a
(Ij Any available documentary prohibited peronnel practice. Thw stay I1254 DibmksWaby OweeS~
evi ence of the personnel action taken shall be effective on order of the Board The Special Counse Odllt
or to be taken. and member or on the fourth calander day may. with leave of &he Boar 7or,
(2) A chronology of facts evidencing a (excludinS Saturdays, Suddays, and administrative law judge, Me a
prohibited personnel practice. as legal holidays) following nsahmisson of dismissal of all or part ]of a cnle
defined in I USDA. of this subchapter. the petition to the Bonrd ember any time prior to the close ols
has occurred or is to be taken. provided the Board member dons not before the Board or admkishtial
(b) If possibe. the facts supporting a deny the stay within dinee calendar judge. Prosecution by th Seca
request for h a stnay nofprsonnel action days ofsubamitstal t'aunset with r.anespc to oae.fa












T ": !
.Nal ...M .. .m .


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aiej :.ni Bt. iiinrt f .,.

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a
im
ai


f. jti
I ~. "?

Ei -^Wkttfa ft~ik-^w


%T request
.,tbpth.


assAtiI


Iwie.r a me Qcoul IUrrn
te Special Counsel may
i oorto hold the persmi
whom theorder was dw i
"l.stiampt doll cu. ..
" (d)Applicationtoafe
4hfiremenit of a suhpen
iiid section msa lbe aid
Cusel -u r his deasigIee
11 T1talmieMy aW

C.4I aU a officers 0.d
S*ii eiei ve branch u.


. '4 .:


as


NW ll
U ..
Si onri


. and who appear tn
ihal not be entitled
or mifeige
mian at to which th.,
~ Federal Travel
i t mlatitg to
i .taer shall be
igaast whom the
i~is filed.


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qm lufaehas Dew. gman
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":: .Ei .'n." i i #...iiri :e b t .. .
:1:ns PW U. h ,. WIny aes..





m i m f or tormy

apptiowifof tlbUpelal Counsel
ii i...40 .ii 0l. ii.:: m. fte bty e






any
S 5 .a.V t CA o .-or


APP 441. 4 1 Cowed. j





S""" .li..Hi.hl a1" sueay ftervene or





Bt Boa rigesating


^B ZfinBt-t Bowad requerti-ng
..tha vlidiy dof any
.... ul. D reo r u atia on
E ij~~ LEcto~f~ the Office of
Peri.lhae.p.menL Such complaint
f anior in which
.j il l N q Flpr ovislous of the
jia.ie la m-lted f will

tW'ia po ahibited personnel
.. ... ... n&Utd peronne
Wk~ i~~ap~an


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datmnld t mat o w f ofdr
xemnpt under subsecton b) of that
At d be applied to withhold the
mar Se Appendix Discloure
Polly of the Office of the special
Coense.


Request for record maybe made in
person o in writn and, except in
unusual dcrcumstances a determination
shall be made oa ar quiet within 10
day (exdudimg Smaturday. Sunday,
and legal holiday). Requests in writing
Should be addressed to the Office of the
Special CounseL 117 H Street, NW,
Wah toa, D.C. 20419. Requests in
person may be made by appearing at
that address during business hour o a
regular business day. Requests In
writing should be clearly and
prominently marked "Freedom of
Information Act Request".
g1M r4 wSele charge r fhionnatm
(a) Requests for records of the Office
of the Special Counsel are subject to the
following fees for search and
duplication:
Photocopies. per page, 20.10.
Manual record search 85.00 per hour.
Where oopes of records have already
been made available to an individual in
the course of agency proceedings or
otherwise, the cot of photocopies to
that Individual or his representative


appeal, the requter dhll be advised a
his right to seek Judicall ai


No employee or frmer amplqane of
the Office of the Special Counsel hal
In response to a demand a m rtor
other authority, produce e ow any
Information oa records acquirid a part
of the performance afia l ldudse
or because of his oilstatus whout
the prior approval of the appropriate
orecffi of the Office of he Specal
Counsel ad w section oevenot apply Ij
came where the Govid nmnt Is a party.
PART 121-PRIVACY

ide pbruad~ and ento iAicel
divi subject ta Pa va A
1251A hemp a mao
Appendix 1-Disdose n cy of he Officel
of the Speal ComL
Authulor UtJ.C. 22
1321.1 Re imitatendeon
Information on Individuals tht a
maintained in any poup ra yamnof
records by the Office the Sp= al
Counsel and which me relieved by the
name of the individual Mor
identify particular asied to the
Individa subject to the Privacy Act


uawernu
-O0W -
socal -0


drumtanaeat a te *es
-a-'
d*I wBleS in wi pa

a~wmadSalpt ia 3h ea



iipon proper t"I"rBo atis 2e





Individuals may zuqueatem
of records alx to eli




subject io a rts ept




addressed Is writing. 6-ia-
Counsel nd be d adudji
marked "vaoy Actlepear
IReluast for meadmeotfli


sdecnttateds oIa ia reo i
addrmewldwd"A 1RoluwaptkRiys



with a statement oftiheai
requested amendment enil
amendmeit .i i
R cacn anwld neWdit ltier ifli
aknowlem iidd not latrill-ll




Attac`iaent to FPM Ltr. 990-2
9 of 11




7U Fedeal Regster / Vo. 44 No. 247 Friday. December t1, 1979 /kules and Regulations


days (exhdng Saturdays, Su4ays
and legal holidays) after receipt and a
determination on the request shall be
made promptly.
Il ts.5 Appeale.
When a request for access or
amendment has been denied. a written
appeal may be submitted to the Special
S Counsel or his designee. A final
: determination on the appeal shall be
S issued within thirty (30) days (excluding
: Saturday. Sunday, and legal holidays)
after receipt Where unusual
II I.: dhumstances prevent a determination
within that time period, the time for a
determination may be extended an
additional thirt (30) working day after
the requesting individual has been
advised in writing of the eaons for the
S extentson and the estimated date a
determination will be made. Where the
final determination denies a request for
amendment the requesting Individual
shell be notifledof his right to Bl a
cindie statement of reasons for
digagreeing with the final determination.
AIopy of te statement shall be
IMpended to the disputed record and
provided to persons to whom the record
Is disclosed and to prior known
recipients of the record. The Office of
the Special Counsel may also attack to
Sstattement a concise account of Its
resmons for not making the amendments
requested. The final determination shall
contain a notice of the right to judicial
iiH v

The Office of the Special Counsel may
dailn exemptions from the provisions of
the Prvacy Act at subsections (c)(3) and
(d) as permitted by subsection (k) for
records subject to the Act that fall
within the category of Investigatory
material described in paragraphs (2) and
) and testing or examination material
described in paragraph (6) of that
subsection. The exemptions for
Investigatory material are necessary to
prevent frustration of inquiries into
allegations of prohibited personnel
practices or political activity and to
protect identities of confidential sources
of information. The exemption for
testing or examination material is
necessary to prevent the disclosure of
information which would potentially
give an individual an unfair competitive
advantage or diminish the utility of
established examination procedures.
The Office of the Special Counsel also
reserves the right to assert exemptions
for records received from another
agency that could be properly claimed
by that agency in responding to a
request and the Office of the Special
Counsel may refuse access to


Information compiled in reasonable
anticipaton of a civil action or
proceeding
PARTS 1~2 THROUGH 1268
RESERVEDI
Appendiax to Part lM--D clodsurePolicy
ofte Office of the Special Counel
A. Cenml Stateent of Policy. the
purpose of this statement is to express the
policies of the Office of the Special Counsel
regarding the diclomre of InformaUolaibout
case. handled by the bfice In order to both
protect the right individuals Involved and
meet the legitimate informational needs of
the publ ou reaponsible disclosure.
The Office ofih Special Counsel has
broad statutory authority to receive and
Investigate allegatio of prohibited
personnel practices and certain disclosure of
Information ("whisdtblowing"). T carry out
these responbilites, the ideality ofpeso
who provide Informtion and cooperate
during e investigation umet e pociad
Unle.sM Stede l Ce ued lan ae amund of
a fee flow Information houm complanants,
wifeSe agnodas bm Inv-tlgadve
and enforcement nctions m e Office of
e Speadl Counsel cannot be diehard
an effective and tmely umaner. If
complaeants and witnesses subjected to
rpri. otimldtioan, or odrion, the may
auwe to cme forward with complaints and
be hestant to cooperate.
In th sme e, e unless agency
management alel feel confident that they
wil not be subjectd to embeaesent .nd
unfair publicity based on unw anted
disclosure of complats and changes,
cooperation om agency may be limited to.
only hat required by law.
At the me me, complalants and the
Cogrss, a well a nteested member. of
the public and pr should be kept fully
Informed about activitle of the Special
Counsel and the diposition of matter
brought to his attention. h legislaton
creating the Offic of t Speial Counsel
cntaina apecflc statutory mechanisms for
di cloure of information to Conges,
complainants, and the public. The legislation
also contains restrictions on disclosure of
Information.
Where there appear to be a conflict
between the enabing legislam of the Oee
of the Special Counsel and other tatutes
governing disclosure and nondiscloure of
Information, it shall be the policy of the
Special Counsel to favor the former where
such an Interpretation is necessary to carry
out Its investigative and enforcement
functions absent a well-defned and
overriding public interesL
.E Pracling the Identity of Complainant.
The Special Counsel Is precluded from
disclosing the identity of a complainant,.
without his consent unless It ls determined
that disclosure is necessary in order to carry
out the Special Counsel's functions. Where
circumstances surrounding an investigation
create a likelihood that the identity ofthe
complainant may become known, the Special
Counsel will weigh the public interest in
proceeding with the investigation (based on
the serlouness of the charges involved and


the likelhoodof oftainng corrective action)
against ithpe Sibitylot am to the
complainanrt arisngrm disclosure of his
identity. Except where t would jeopardize
the likelihood of eucces I InveUgaHton and
enftemn the complainant will be noticed
when disClosure ofhe complainant's identity
appears mlminenLt
C. Ptectin the Identity of Wiises It
shellbe the policy of the Special Counsel to
protect the identity of witness d source
of Infmiak" on who caoperate during an
lbetigatinn. However, witnesses who
provide aefdevits or sworn statements will
ordinarilybe advised that the affidavit or
atatemnt laji J4venJwilt a pledge of
couidentlaty to th extent that it may be
ueedkl a opeom r for official action
arising om gie Inveatgati Agency
offciad and other Interested persons shall
not, as matter of right be given access to
statement of witness or information from
eosime collected by the Special Cousel
during an investigate
D. Aotecrthe Pfivacy of Amrns
Abamedi a on estgption While an
Invetigatn Is peneng d dcduoe of the
Idienity ofpe- -- $O a m being
Inaetigated hal be listed to disclosures
necesas y to proceedit te Inveatigaton.
When an investgain has tee trminated,
dislosure of Informalon at would reveal
the identity of perons assodated with the
Investigation will be based oa a
determination of how te public Interest
would he erved by disclosure when
balanced against invasion of psonal
privacy Involved. Ut es and untl agency
official or employee Ia formally charged wit
a violation,.the focu t Invesgation, for
disclosure purposes shall be n proibited
personnel pectices violation of law of the
agency conceded. The identity of a person
tgetherw ith the natu of te cha wi
be revealed wheam Iade the subject of a
written mplat by te Special Counsel or
an agency hrgi violaitona of law or
prohibited personnel practices.
IL Accms toiafammti by dt
CamplauantL The Specl Counsel will take
reaonMble to amm'that a complainant
s advised of the tatuw f n Investigation
and n given the opportunity to provide
information relevant to the investigation.
When an investigation l terinated by te
Special Counse. te patn-ant whom
allegation led to the Investigatio will be
advised In writing why the Investigation was
terminated and the reasons for termination.
Where e Information provided results in an
agency report at the direction of the Special
Counse the report will be transmitted to the
complainant except when It cotains
evidence of a criminal violation or when
disclosure of the information Involved sl
specifically prohibited by law.
If the information provided by the
complainant evidence a violation and the
Speci counsel trannsmis the Information to
the agency head but does not require an
Investigation, the Special Counel will inform
the complainant In writing of the matters
reported by the agency head.
P. Access to information by Employeea
Subjected to Disciplinary Action. When the
Special Counsel detemmnes that disciplinary


I-c







































































me g oency or agncmes p volves;
(2] The nature of the matters under
investigation;
(3) A description of ny formal action
taken by the Special CunseL
Generally. any request for access to
records or documents pertaining to an
investigslon will be denied while the
Investigation Is pandinu
L Public Disc loure of Nonnrimn l
Matters. In the public intent the Office of
the Special Counsel has statutory authority to


.. ... .... .: l


i:: if




Attachment to FPM Ltr. 990-2
11 of 11


2W7

Fed al Regitor
Vol. 45 No. 20
Tuesday. January 21, 1980



OFFICE OF THE SPECIAL COUNSEL,
MERIT SYSTEMS PROTECTION
BOARD
SCFR Parts 1250-1269
Prohibited Personnel Practices and
Activities; Procedures for the Receipt
and Investigation of Allegations
AGENCY: Office of the Special Counsel
ACTION: Final rules; Correction.'
SUMMARY: This document corrects one
authority citation and adds authority
citations for several parts to 5 CF"R
which were revised and published on
December 21.1979 (44 FR 75914).
EFFECTIVE DATE: December 20, 1979.
FOR FURTHER INFORMATION.CONTACT.
Mary Eastwood, Associate Special
Counsel for Investigation, Office of the
Special Counsel, 1717 11 Street, N.W.,
Washington, D.C. 20419 (202-653-740).
SUPPLEMENTARY INFORMATION: The
authority citation for Part 1261 which
reads "5 U.S.C. 552a" is corrected to
read "5 U.S.C. 522a". The authority
citation to Parts 1251-1255 is as follows:
"Authority: 5.U.S.C. 12o0lk) sec. 204(g)
of Reorganization Plan No. 2 of 1978"
Thr authority citation to Part 1200 is as
followed: "Authority: 5 U.S.C. 1200(k):
sac. 204(g) of Reorganization Plan No. 2
of 1978. and 5 U.S.C. 552."
Dnled: January 1980.
Mary Eastwood,
Associate Special Counsel for nvesUtiga.tf
[FR iDu. -lo F, PFld 1-14-agf g:45m]
aILUNo CODE uIs-2,-N


10305

Fradrl Rgster fte
VoL 45, No. 5
Friday. February 15. 9a,


OFFICE OF THE SPECIAL COUNSEL,
MERIT SYSTEMS PROTECTION
BOARD
5 CFR Parts 1250-1269
prohibited Personnel PractiCes and
Activities; Procedures for the Receipt
and Investigation of Alegations
Correction
In FR Doc. 60-1097, appearing o page
2837. second column, the third and
fourth lines of the "Supplemintary
Information:" paragraph should hove
read: "reads "5 ULSC. 522a" is corrected
to "5 U.S.C. 5S2 The authority".
elU.n CODE ios41-v


v U.S. GOVERNMENT PRINTING OFFICE: 1980-- 311-539325




i'lilllll




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