Kerner’s previous positions included as a prosecutor in California and investigative positions on the Republican side in the House and Senate. Image: Sergii Gnatiuk/Shutterstock.com
By: FEDweek StaffPresident Biden has nominated Henry Kerner, head of the Office of Special Counsel, to the seat on the governing board of the MSPB that has been vacant since early this year.
With two members, the board has been able to continue issuing decisions, unlike the period in 2017-2021 when it was down to one member, then none. That resulted in a backlog of appeals of disciplinary actions and other workplace decisions appealable to the MSPB that the board expects to need years to work through. However, any cases in which the two current members are split would have to be delayed pending confirmation of a third member.
As Special Counsel since 2017, Kerner “has implemented new processes and procedures to dramatically increase OSC’s responsiveness to whistleblower complaints and focus on customer service. He has also overseen a significant restructuring of OSC’s programmatic units to streamline the handling of prohibited personnel practice investigations. This reorganization involved combining units with overlapping responsibilities to make OSC’s processes more efficient,” a White House statement said.
Kerner’s previous positions included as a prosecutor in California and investigative positions on the Republican side of committees in both the House and Senate.
If he is confirmed for the MSPB seat, the Special Counsel position then in turn would be open.
A nominee previously was named for the vacant seat on the FLRA, which like the MSPB has continued to issue decisions with only two members.
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