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Federal News Radio
Federal
employees have property rights to their jobs, even the ones you want to
fire
Monday - 5/18/2015
Commentary By Tom Temin
In my line of work, I learn something new every day. I've been at this
a long time, so it's particularly gratifying to get some insight into
something I thought I thoroughly understood.
The most recent example came in my latest, more-or-less monthly
interview of Merit Systems Protection Board Chairman Susan Tsui
Grundmann. Susan is one of those rare people with an exquisite balance
of qualities. She seems idealistic and realistic at the same time. She
hews to the mission, but retains just a tincture of skepticism. She
knows more than she says, a refreshing characteristic. She's open but
discreet. And she has a sense of humor.
Grundmann pointed out some things that everyone should know, but need
pointing out nonetheless.
This fact startled me: Career federal (and other public) employees have
a property interest in their jobs. It's a major distinction with the
private sector. It's a long established fact. But when's the last time
you heard it stated?
Grundmann points out this property interest has been affirmed by the
Supreme Court through its insistence on due process for removing
federal employees or other adverse actions. It requires 30 days notice,
followed by the right to an appeal hearing. If an employee does
something seemingly criminal for which imprisonment could result,
removal requires seven days advanced written notice. This apparatus of
due process grew in direct response to the spoils system of the 19th
century...
Read the rest of the article at Federal News Radio
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