Federal Manager's Daily Report

OPM has told agencies to record in the official personnel file of an employee who resigns during an investigation the results of that investigation, and whether disciplinary actions would have been warranted had he or she remained on the job.

The guidance carries out a 2016 change in law resulting from concerns that by resigning, those employees could later return to the government without consequences because their personnel records would not reflect it. That same law also required agencies to review those records when considering hiring a former federal employee.

OPM’s memo says that before putting that information in an individual’s official personnel file, an agency must provide notice of the adverse finding and an opportunity to respond and receive a final agency decision. That could be appealed to the MSPB.

“While the statute prescribes the process for making the required permanent notation, an agency may use its own discretion for determining the format for making the notation. Agencies may wish to consult with their legal counsel,” OPM said.

The guidance includes a sample for documenting the notation, and further recommends that agencies place the document and any supporting materials on the permanent side of the employee’s OPF, subject to removal if the employee prevails in an appeal at the MSPB.