Federal Manager's Daily Report

In an unusual announcement, the VA has called attention to policies restricting its ability to take immediate disciplinary action against an employee allegedly caught watching pornography while with a patient.

“VA immediately removed the employee in question from patient care and placed the employee on administrative duties. Due to current law, the deciding official cannot effect a final determination for 30 days from the date the proposal for removal was made,” the department said.

“VA has been working with Congress to ensure legislation would provide VA the ability to expedite removals while still preserving an employee’s right to due process. Without these legislative changes, VA will continue to be forced to delay immediate actions to remove employees from federal service,” it added.

It included a statement from Secretary David Shulkin that “this is an example of why we need accountability legislation as soon as possible. It’s unacceptable that VA has to wait 30 days to act on a proposed removal.”

Rep. Phil Roe, R-Tenn, chairman of the Veterans Affairs Committee, said the situation “underscores the need for Congress to get VA accountability legislation to President Trump’s desk.” The House recently sent to the Senate the latest in a series of bills to speed the disciplinary process and limit employee appeal rights at the VA; the prior ones stalled, and the latest may need to be softened in order to achieve Democratic support needed for passage in the Senate.