Federal Manager's Daily Report

A half-dozen Senate Democrats, including the ranking Democrat on the Veterans Affairs Committee, Sen. Jon Tester of Montana, have questioned the VA’s use of its enhanced authorities to discipline employees that was granted with bipartisan support last June.

The VA reported recently that since gaining those authorities, it has more than doubled its rate of serious discipline–removal, demotion or suspension of more than 14 days.

The letter reflects concerns raised at the time the law was under consideration that shortening the time frame for proposing and finalizing disciplinary action would effectively eliminate the “performance improvement period” typically used to give the employee a chance to address–with support from management–shortcomings in performance before disciplinary action is taken.

“Unfortunately, we are hearing reports that not only has the VA eliminated the use of performance improvement plans as a result of these new authorities, but you are no longer utilizing the table of penalties, and facilities are receiving guidance that there should be no progressive discipline. This is unacceptable and runs counter to congressional intent,” they wrote to former VA secretary Dr. David Shulkin, who – as widely reported – has been replaced with White House physician Admiral Ronny Jackson.

The letter also expresses concern that disciplinary actions are being “targeted at low level employees”–an issue recently raised by the AFGE union, which represents many front-line employees. Other concerns mentioned in the letter include lack of data on the basis for disciplinary actions and possible “misinterpretation that facilities should not be using long-existing authorities to correct minor behaviors with reprimands, admonishments, or suspensions under 14 days.”