Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I filed an appeal for an agency’s failure to rate my performance for the year 2010. I was initially rated but later the agency came back with a recalculated performance rating by adding an additional element. I refused to sign and the agency declared the original rating was null and void. I filed an appeal but MSPB claims it has no jurisdiction. Which agency enforces regulations and code?
A:
Your situation is not appealable to the MSPB. You are at the mercy of OPM as it exercises its limited oversight or the U.S. Office of Special Counsel. OSC may very well have jurisdiction because the facts you describe could be construed as a prohibited personnel practice. OSC action is at its discretion and there is no appeal if that office decides not to take action.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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