Federal agencies should be better informed about the work histories of people they hire who formerly worked for the government, according to a committee report on a House bill (HR-4360).
The bill would require that if an employee resigns during an investigation that could lead to disciplinary action, the agency still would have to put any adverse findings in that person’s Official Personnel Folder–and also that an agency considering hiring anyone who formerly worked for the government would have to examine their OPFs. The bill allows a separated employee to challenge such findings before the MSPB.
“Currently, a federal employee who is under investigation for misconduct or performance issues may resign from employment in the midst of an investigation and may largely escape formal discipline or accountability . . . Individuals who resign in such circumstances could then seek employment with another federal agency, which would not necessarily have knowledge of the adverse finding,” the report says.
The report cites several recent instances in which employees resigned while facing investigations and thus were able to keep derogatory information out of their OPFs, including one who was later hired by a different agency.
“While circumstances such as these are rare, it is important to close loopholes that allow individuals to take advantage of the federal government’s highly structured investigatory and disciplinary process to escape responsibility for their actions,” it says.
