From the Blog

Considerations for MSPB Appeals

If you’ve received a disciplinary proposal letter from an Agency you are employed at, you also know that the decision letter is on its way too. At this point, anything can happen and depending on the charges proposed, the results can range from no penalty being applied all the way to a removal. If the decision comes back unfavorable, and you are either removed or suspended for more than 14 days, then certain appeal rights attach. The most prevalent right is an appeal to the Merit Systems Protection Board (MSPB), an independent quasi-judicial agency. Before you consider appealing your disciplinary action to the MSPB on your own, we urge you to contact an attorney experienced in this area of law. If you are in the South Texas region facing disciplinary action, feel free to contact us for a free consultation. Here are some questions you should ask yourself before proceeding to file an appeal on your own.

What Is The Appeal Deadline?

The deadline to appeal depends on certain dates. An affected employee has the right to appeal to the MSPB any time after the effective date of the imposed discipline but not later than 30 calendar days after the effective date, or 30 days after the receipt of the decision letter, whichever is later.

What Are The Charges?

It is important to know what charges were sustained and what was not. Depending on what was sustained will help you develop your argument for an appeal.

Is There New Information?

Look at the proposal letter and then look at your decision letter. What is different? Is there information that was in the decision letter that was not in the proposal letter? Were there new materials replied upon in the decision letter that were not in the proposal letter? If so, this may be the basis for a possible due process argument.

Who Can Help?

Mr. Garcia was the General Counsel for the National Border Patrol Council Local 3307 representing Border Patrol Agents in the Rio Grande Valley Border Patrol Sector from 2002 through 2014. He is experienced in representing Federal Law Enforcement Officers/Agents before the MSPB in matters involving adverse actions of demotions, suspensions of more than 14 days and removals. If you are a Federal Law Enforcement Officer or Agent facing an adverse employment action, call the Law Offices of Roberto M. Garcia located in Edinburg, Texas at (956) 223-2550 and set an appointment to speak with Mr. Garcia. Click here to contact us. There is no charge for the initial consultation.

Citation(s): Reviewing a Final Agency Disciplinary Decision Before Appealing to the MSPB, MSPB Law Blog (John V. Berry, 2016).