[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33946-33948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16751]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; Amendment System of Records Notice

AGENCY: Merit Systems Protection Board.

ACTION: Notice of amendment to existing system of records.

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SUMMARY: The Merit Systems Protection Board (MSPB) publishes this 
document pursuant to the requirements of the Privacy Act of 1974 at 5 
U.S.C. 552a(e)(4) to update the existence and character of its 
government-wide system of records, MSPB/GOVT-1, Appeal and Case 
Records.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Michael H. Hoxie, Office of the Clerk of the Board, (202) 653-7200.

SUPPLEMENTARY INFORMATION: This notice amends the text of MSPB/GOVT-1, 
Appeal and Case Records to reflect changes in the Board's organization, 
office locations, telephone and fax numbers and the extension of the 
approved records disposition schedule from six to seven years.

    Dated: June 26, 1996.
Robert E. Taylor,
Clerk of the Board.
MSPB/GOVT-1
System name:
    Appeals and Case Records.
System locations:
    Office of the Clerk of the Board, Merit System Protection Board 
(MSPB), Information Resources Management Division, 1120 Vermont Avenue, 
NW., Washington, DC 20419, and the MSPB regional and field offices (see 
list of Office addresses in the Appendix).
Categories of individuals covered by the system:
    a. Current and former Federal employees, applicants for employment, 
annuitants, and other individuals who have filed appeals with MSPB or 
its predecessor agency, or with respect to whom the Special Counsel or 
a Federal agency has petitioned MSPB concerning any matter over which 
MSPB has jurisdiction.
    b. Current and former employees of state and local governments who 
have been investigated by the Special Counsel and have had a hearing 
before MSPB concerning possible violation of the Hatch Act.
Categories of records in the system:
    a. These records contain information or documents such as briefs, 
pleadings, motions, exhibits, hearing transcripts, and MSPB decisions, 
which comprise the administrative records of appeals and other matters 
arising under the adjudicatory authority of MSPB. These records also 
contain individual appellant's names, social security numbers, home 
addresses, veterans status, race, sex, national origin and disability 
status data.
    b. This system also includes the Board's automated Case Management 
System. The system, resident on MSPB headquarter's minicomputer, which 
contains information from the above records, is used to record the 
location, history, status, and case processing information on cases 
brought before the Board for adjudication.

    Note.--This system includes records and documents compiled by 
Federal agencies in processing adverse actions and actions based on 
unacceptable performance, covered by OPM/GOVT-3, when such actions 
are appealed to the MSPB.
Authority for maintenance of the system:
    5 U.S.C. 1205, 1206, 1207, 1208, 7701, 7702.
Purpose:
    a. These records are used to document and adjudicate appeals and 
other matters arising under the MSPB original and appellate 
jurisdiction.
    b. These records also serve a management information function by 
providing statistical data for reports, physical file location and 
staff productivity.
Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Information from the record may be disclosed:

[[Page 33947]]

    a. To officials of the Equal Employment Opportunity Commission or 
the Special Panel convened under authority of 5 U.S.C. 7702 when 
requested in connection with the performance of their authorized 
duties;
    b. To officials of the Office of Personnel Management, the Federal 
Labor Relations Authority, the Equal Employment Opportunity Commission, 
and the Office of Special Counsel in connection with the performance of 
their authorized duties;
    c. To the Government Accounting Office in response to an official 
inquiry or investigation;
    d. To provide information to a congressional office from the record 
of an individual in response to an inquiry from that congressional 
office made at the request of that individual;
    e. To an appropriate Federal or local agency responsible for 
investigating, prosecuting, enforcing, or implementing a statute, rule, 
regulation, or order where there is an indication of a violation or 
potential violation of civil or criminal law or regulation;
    f. To the Office of Management and Budget at any stage in the 
legislative process in connection with private relief legislation as 
set forth in OMB Circular No. A-19;
    g. To the Department of Justice when:
    (1) The Board, or any component thereof; or
    (2) Any employee of the Board in the employee's official capacity; 
or
    (3) Any employee of the Board in the employee's individual capacity 
where the Department of Justice has agreed to represent the employee; 
or
    (4) The United States is a party to litigation or has an interest 
in such litigation and the use of such records is deemed to be relevant 
and necessary to the litigation, providing that the disclosure of the 
records is a use of the information contained in the records that is 
compatible with the purpose for which the records were collected, or 
approval or consultation is required.
    h. In any proceeding before a court or adjudicative body before 
which the Board is authorized to appear, when:
    (1) The Board, or any component thereof;
    (2) Any employee of the Board in the employee's official capacity; 
or
    (3) Any employee of the Board in the employee's individual capacity 
where the agency has agreed to represent the employee; or
    (4) The United States is a party to litigation or has an interest 
in such litigation and the use of such records is deemed to be relevant 
and necessary to the litigation, providing that the disclosure of the 
records is a use of the information contained in the records that is 
compatible with the purpose for which the records were collected, or 
approval or consultation is required.
    i. To any person making a status inquiry regarding a proceeding 
before the MSPB;
    j. To the National Archives and Records Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906;
    k. In response to a request for discovery or for appearance of a 
witness, if the requested information is relevant to the subject matter 
involved in a pending judicial or administrative proceeding;
    l. To Federal and state agencies for the purpose of providing MSPB 
with information concerning MSPB appellants, which information will be 
used, absent personal identifiers, in the MSPB research projects 
mandated by 5 U.S.C. 1205(a)(3), or
    m. To officials of the U.S. Court of Appeals for the Federal 
Circuit in connection with the performance of their judicial functions.
Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    These records are maintained in file folders and binders and in 
computer processible storage media.
Retrievability:
    These records are retrieved by the names of the individuals on whom 
they are maintained, by social security numbers and by MSPB docket 
numbers.
Safeguards:
    Access to these records is limited to persons whose official duties 
require such access. Personal screening is employed to prevent 
unauthorized disclosure. Automated records in this system are 
maintained in a secure computer room in a building with restricted 
access. Automated records are protected from unauthorized access 
through password identification procedures and other system-based 
protection methods.
Retention and disposal:
    Paper records are maintained for up to one year after a final 
determination by MSPB or, in some instances, other administrative 
authorities or the courts. Thereafter, they are transferred to Regional 
Federal Records Centers or other appropriate facilities. Paper records 
are destroyed by the Federal Records Centers when the records are seven 
years old. Electronic records of the Case Management System may be 
maintained indefinitely, or until the Board no longer needs them.
System Manager(s) and address:
    The Clerk of the Board, and the Information Resources Management 
Division, 1120 Vermont Avenue, NW., Washington, DC 20419, and the MSPB 
regional and field offices (see list of regional office addresses in 
the Appendix).
Notification procedures:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the Clerk of the Board 
and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11 
regarding such inquiries.
Record access procedures:
    Individuals requesting access to their records should contact the 
Clerk of the Board. If the requester has reason to believe the records 
in question are located in a regional or field office, it is 
appropriate to submit the request to that office. Such requests should 
be addressed to the regional director or chief administrative judge 
(See the list of office addresses in the appendix). Requests for access 
to records must follow the MSPB Privacy Act regulations at 5 CFR 
1205.11.
Contesting record procedures:
    Individuals requesting amendment should write the Clerk of the 
Board. If the requester has reason to believe the records in question 
are located in a regional or field office, it is appropriate to submit 
the request to that office. Requests to the regions should be addressed 
to the regional director or chief administrative judge (See the list of 
office addresses in the appendix). Requests for amendment of records 
must follow the MSPB Privacy Act regulations at 5 CFR 1205.21.
    These provisions for amendment of the record are not intended to 
permit the alternation of evidence presented in the course of 
adjudication before the MSPB either before or after the MSPB has 
rendered a decision on the appeal.
Record source categories:
    The sources of these records are:
    a. The individual to whom the record pertains;
    b. The agency employing the above individual;
    c. The Merit Systems Protection Board, the Office of Personnel 
Management, the Equal Employment Opportunity Commission, the Office of 
the Special Counsel; and
    d. Other individuals or organizations from whom the MSPB has 
received

[[Page 33948]]

testimony, affidavits or other documents.

APPENDIX

Regional and Field Offices of the Merit Systems Protection Board

1. Atlanta Regional Office, Merit Systems Protection Board, 401 W. 
Peachtree Street, N.E., Suite 1050, Atlanta, Georgia 30308-3519
2. Boston Field Office, Merit Systems Protection Board, 99 Summer 
Street, Suite 1810, Boston, Massachusetts 02110-1200
3. Central Regional Office, Merit Systems Protection Board, 230 
South Dearborn Street, 31st Floor, Chicago, Illinois 60604-1669
4. Dallas Field Office, Merit Systems Protection Board, 1100 
Commerce Street, Room 6F20, Dallas, Texas 75242-0102.
5. Denver Field Office, Merit Systems Protection Board, 12567 W. 
Cedar Dr. Suite 100, Lakewood, Colorado 80228
6. New York Field Office, Merit Systems Protection Board, 26 Federal 
Plaza, Room 3137-A, New York, New York 10278-0022
7. Northeastern Regional Office, U.S. Customhouse, Room 501, Second 
and Chestnut Streets, Philadelphia, Pennsylvania 19106-2904
8. Western Regional Office, Merit Systems Protection Board, 250 
Montgomery, Suite 400, San Francisco, California 94104-3401
9. Seattle Field Office, Merit Systems Protection Board, 915 Second 
Avenue, Room 1840, Seattle, Washington 98174-1056
10. Washington, D.C. Regional Office, Merit Systems Protection 
Board, 5203 Leesburg Pike Suite, 1109, Falls Church, Virginia 22041-
3401

[FR Doc. 96-16751 Filed 6-28-96; 8:45am]
BILLING CODE 7400-01-M