Categories: Fedweek

Concerns about Dual Track Also Raised

Also at the hearing, McPhie raised concerns that the expedited employee appeals system that DHS intends to use could force MSPB to give priority to DHS cases, effectively forcing it to abandon its traditional policy of first in, first out. “It is likely that non-DHS cases will take longer to decide,” McPhie said because the DHS cases will have to be moved up in the process in order to get decisions on them within the shortened limits. “We can meet the timeframe. The question is how does that impact everything else,” he said. The DHS rules shorten the process in several ways, including a requirement for a decision by the hearing officer within 90 days, rather than the Board standard of 120 days—and in the case of “mandatory removal offenses,” DHS wants a decision in only 30 days. He said that MSPB “will seek additional resources”—meaning staff and money—to ensure that it can comply with the DHS policies. While McPhie said that “we don’t want to create two tracks for cases,” his testimony suggested that such a system would in fact occur.

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