The VA said that use of the special authorities had tied up the department in administrative and court appeals. Image: Jonathan Weiss/Shutterstock.com
By: FEDweek StaffTwo Republican senators have pushed back against the VA’s decision to stop using special disciplinary powers granted in a 2017 law, saying that the “bipartisan consensus in 2017, and the VA’s own view of the issue, was that the VA did not have authorities needed to ensure that bad employees could be held accountable for their actions.”
The law shortened notice and response times and the MSPB appeal process and lowered the burden of proof on appeal, among other changes in favor of management. The VA however stopped using those authorities as of Monday (April 3), saying that standard disciplinary procedures are sufficient and that using the special authorities had only tied up the department in administrative and court appeals. Unions representing VA employees further complained that the law was used disproportionately against front-line employees when the conduct in several scandals that led to its passage mostly involved management and senior officials.
Sens. Marco Rubio, R-Fla., and Steve Daines, R-Mont., however said in a letter to the VA that the law “stemmed from concerns that we had heard that the VA did not have the authority to hold the small portion of bad employees accountable for their actions . . . the VA was stuck in lengthy disciplinary actions that are costly to the taxpayer, and there was need for reform leading to this landmark law.”
“This law was not some partisan play to punish the VA, its employees, or veterans. It’s the exact opposite. This law was crafted with support of several veterans’ service organizations, from feedback and work with the VA and passed both chambers overwhelmingly. The law cuts the bureaucratic red tape to ensure that the VA does the right thing, holds its employees to the highest standards and removes those who do not put the needs and wellbeing of veterans at the center of their work,” they said.
They asked for information including a detailed justification for the VA’s decision and what will happen with individuals who were disciplined under the special provisions.
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