LR/ER-P5-II | Preparing to Question the Deciding Official at the MSPB Hearing - Part II
- Session Number: LR/ER-P5-II
Monday, August 16, 2021: 2:45 PM - 4:15 PM
In defending a discipline or adverse action, the agency must always call the deciding official to testify as to the reasonableness of the penalty determination. But what is the most effective way to present such critical testimony before the MSPB administrative judge or arbitrator? Many agency practitioners tediously have the deciding official walk through the Douglas factors one by one. However, such a direct examination not only fails to sell the agency’s penalty determination but opens the deciding official up to a potential due process violation. The expert presenters will identify the best practices to conduct a direct examination of the deciding official as well as to cross-examine this official. This workshop is a must for agency attorneys, appellant’s representatives, employee relations specialists, and managers.
-Recognize the importance of using the deciding official to educate the administrative judge or arbitrator on the agency's mission
-Avoid the mistakes of having the deciding official overstate the seriousness of the offense or misstate the evidence
-Focus on the aggravating factors and avoid a due process violation while at the same time effectively give appropriate weight to the mitigating factors