Merit Systems Protection Board 2010 – Federal Register Recent Federal Regulation Documents
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Sunshine Act Meeting
Notice is hereby given of the scheduling of a Sunshine Act Meeting on the proposed 2011-2013 research agenda of the Merit Systems Protection Board's Office of Policy and Evaluation.
Practices and Procedures, Board Meetings
The Merit Systems Protection Board (MSPB or the Board) is proposing to amend its open meeting regulations at 5 CFR 1206.7 to ensure consistency with the Government in Sunshine Act.
Oral Argument
Notice is hereby given of the scheduling of oral argument in the matters of: Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0261-R-1; Jenee Ella Hunt-O'Neal v. Office of Personnel Management, MSPB Docket Number AT-0731-09-0240-I-1; James A. Scott v. Office of Personnel Management, MSPB Docket Number CH-0731-09-0578-I-1; and Holley C. Barnes v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0260-R-1. Date and Time: Monday, October 18, 2010, at 10 a.m. Place: The United States Court of Appeals for the Federal Circuit, Room 201, 717 Madison Place, NW., Washington DC. Status: Open.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) is amending its practices and procedures regulations to make clear that the Board may, in its discretion, include discussion of issues raised in an appeal in a nonprecedential Final Order.
Oral Argument
Notice is hereby given of the scheduling of oral argument in the matters of Rhonda K. Conyers v. Department of Defense, MSPB Docket No. CH-0752-09-0925-I-1, and Devon H. Northover v. Department of Defense, MSPB Docket No. AT-0752-10-0184-I-1.
Hyginus U. Aguzie v. Office of Personnel Management
The Merit Systems Protection Board (MSPB) is providing notice of an extension of time in which parties may file amicus briefs in the matter of Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0261-R-1.
The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matter of Larry L. Evans v. Department of Veterans Affairs, MSPB Docket Number AT-3330-09-0953-I-1.
Mr. Evans is a preference eligible veteran who has filed an appeal with the MSPB alleging that the agency violated his rights under the Veterans Employment Opportunities Act of 1998 (VEOA) when it failed to select him for a position. The issues raised in this matter concern the interplay of the Federal Career Intern Program (FCIP) with VEOA. The FCIP was established in 2000 by Executive Order 13,162 ``to provide for the recruitment and selection of exceptional employees for careers in the public sector,'' to attract exceptional individuals with ``diverse professional experiences, academic training and competencies'' to the Federal workforce,'' and ``to prepare them for careers in analyzing and implementing public programs.'' Exec. Order 13, 162; see Scull v. Department of Homeland Security, 113 M.S.P.R. 287, ] 6 (2010).
Publication of Open Government Directive
On April 7, 2010, the U.S. Merit Systems Protection Board (MSPB or Board) published MSPB's Open Government Plan pursuant to direction set forth in President Obama's January 21, 2009, Memorandum on Transparency and Open Government, and the Office of Management and Budget's (OMB) December 8, 2009, Open Government Directive. The MSPB is hereby requesting public comment on MSPB's Open Government Plan.
The Merit Systems Protection Board (MSPB) Is Providing Notice of the Opportunity To File Amicus Briefs in the Matter of Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0261-R-1
Aguzie and several other cases pending before the Board present the following legal issue: When the Office of Personnel Management (OPM) directs an agency to separate a tenured employee for suitability reasons, must the Board consider a subsequent appeal under 5 CFR part 731 as contemplated therein, or should the Board instead consider the appeal under 5 U.S.C. Chapter 75, given that the scope of a Chapter 75 appeal is broader than a part 731 appeal and that OPM generally lacks authority to issue regulations limiting statutory rights?
The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matters of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1
On January 25, 2010, the MSPB published in the Federal Register (see 75 FR 3939) a Notice of the opportunity to file amicus briefs in the matter of Crumpler v. Department of Defense, MSPB Docket Number DC-0752-09-0033-R-1, 2009 MSPB 233. Although the Crumpler case is now settled, the legal issue raised in that matter and noted in the January 25 Federal Register notice remains unresolved. The cases of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1, involve the same legal issue.
Merit Systems Protection Board (MSPB) Provides Notice of Opportunity To File Amicus Briefs
Pursuant to 5 U.S.C. 7521 and 5 CFR 1201.131, the Merit Systems Protection Board (MSPB) is providing notice of the opportunity to file amicus briefs in the matter of Stella Crumpler v. Department of Defense, MSPB Docket Number DC-0752-09-0033-R-1, 2009 MSPB 233. Crumpler raises the question of whether, pursuant to 5 CFR Part 732, National Security Position, the rule in Department of the Navy v. Egan, 484 U.S. 518, 530-31 (1988), limiting the scope of MSPB review of a removal decision based on the revocation of a security clearance also applies to a removal from a ``non-critical sensitive'' position due to the employee having been denied continued eligibility for employment in a sensitive position.
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