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U.S. Merit Systems Protection Board
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Home
    MSPB’s FOIA Program
      e-FOIA Reading Room
        Submit a FOIA Request
      FOIA Regulations

      FOIA Reports
  
  Search and Site IndexContact Us
FOIA Public Liaison foia@mspb.gov (email) 
  (202) 653-7200 (phone)
	(202) 653-7130 (fax) MSPB’s e-FOIA Reading Room

     The Freedom of Information Act, commonly known as the FOIA, requires Federal agencies to make four types of records affirmatively available for "public inspection and copying."
    Pursuant to 5 U.S.C. § 552(a)(2), the materials which are to be  maintained in a reading room include:  (A) final opinions, including concurring and dissenting opinions, as  well as orders, made in the adjudication of cases; (B) those statements of  policy and interpretations which have been adopted by the agency, and are not  published in the Federal Register; (C) administrative staff manuals and instructions to staff that affect a member of the public; and (D) records disclosed in response to a FOIA request that, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records, or that have been requested 3 or more times.   
	The Merit Systems Protection Board  (MSPB) satisfies these requirements by providing members of the public with an  electronic Reading Room. The Electronic FOIA Amendments of 1996, Public Law 104-231, 5 U.S.C. § 552, require any reading room materials created after November 1, 1996 to be placed online.
       Operational  Documents
       Documents in this category include policy  statements, staff manuals and instructions, final opinions and orders, which  are available without making a FOIA request.  The proactive disclosure of these records allows you to instantly access  information which relates to MSPB's day-to-day operations.Policy on Prohibited Conduct Ratification (2/8/2024) Administrative Judges (AJs) Ratification Order  (3/4/2022)Loaned Administrative Law Judges (ALJs) Ratification Order  (3/4/2022)Procedures for Email Exceptions Due to COVID-19 Board Decisions MSPB  Rules and RegulationsAJ  HandbookAppeal FormsMediation  Appeals ProgramAppellant  Q&AOrganization Functions & Delegations of AuthorityAgency  Plans and ReportsMSPB Organizational  ChartFederal  Register NoticesPolicy on Prohibited Conduct
       
	Adjudicatory Records and Case Processing Information

	Documents in this category include case documents, reports, and data related to MSPB’s adjudicatory mission.  Please note that pending data may fluctuate from month -to -month due to processing anomalies, PFR withdrawals, or other case processing activities.  End- of- year data and summaries about the Board’s activities and adjudicatory function can be found in MSPB’s Annual Reports.  
	
	Chart of HQ Cases Decided and Inherited Inventory Cases PendingRecommended Approach for the Petition for Review Backlog MemoReport: Pending PFR Data (January 2017-February 28, 2022)MSPB Docket Number Construction (10/19/2021)
    Case Documents
     Chen v. Department of Commerce, CH-0752-17-0028-I-1 Initial DecisionMaclean v. Department of Homeland Security, DC-1221-20-0235-W-2 Initial DecisionMichael Fitzpatrick v. Dept. of Commerce-DC-1221-21-0423-W-1 Initial DecisionMichael Fitzpatrick v. Dept. of Commerce-DC-1221-21-0423-W-1 Hearing TranscriptsVA SES Appeals:  2014-2016
     Documents in this category include Federal Register notices, comments, case documents, and other agency records related to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs pursuant to the Veterans’ Access to Care through Choice, Accountability and Transparency Act of 2014, Public Law (P.L.) 113-146. The 2014 Act was later amended by the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, P.L. 115-41.
      Federal Register Notices & Comments Received
	
	
	
  89 FR 24681| 5 CFR Part 1201 | Practices & Procedures | Final Rule (4/9/2024)89 FR 8083 | 5 CFR Part 1201 | Practices & Procedures | Proposed Rule (2/6/2024)
         Comment Received: Senior Executives Association  (SEA) (3/7/2024)
        Comment Received: Protect Democracy and Walter Shaub (3/7/2024)
         Comment Received National Treasury Employees Union  (NTEU) (2/9/2024)79 FR 63031 | 5 CFR Parts 1201 & 1210 | Practices & Procedures | Final Rule  (10/22/2014)
             Comment Received:  American Civil Liberties Union (ACLU) of the Nation's Capital (9/18/2014)
             Comment Received:  Passman & Kaplan, PC (9/17/2014) 
             Comment Received:  National Employment Lawyers Association (NELA) (9/16/2014) 79 FR 49423 | Corrections | 5 CFR Parts 1201 & 1210 | Practices and Procedures | Appeal of Removal or Transfer of SES Employees (8/21/2014) 79 FR 48941 | 5 CFR Parts 1201 & 1210 | Practices & Procedures | Appeal of Removal or Transfer of SES Employees (8/19/2014) Case Documents
Linda  Weiss v. DVA (2/16/2016)    
 Linda  Weiss v. DVA (2/5/2016)       
 Diana  Rubens v. DVA   (2/1/2016)   
 Kimberly Graves v. DVA (1/27/2016)  
 Kimberly Graves v. DVA (12/3/2015)   
    Diana Rubens v. DVA (12/2/2015)     
 Mario DeSanctis v. DVA (9/11/2015)   
    
 Japhet Rivera v. DVA  (6/9/2015)   
    Sharon Helman v. DVA  (12/22/2014)  

Therese Wolf v. DVA (12/5/2014)     
  
James Talton v. DVA (11/19/2014)  
    
 Other Documents
Report to Congress Pursuant to Section 707 of the Veterans Access, Choice, and Accountability Act of 2014  (8/21/2014)
  
 
Letter to the President on VA-SES Legislation  (8/1/2014) 
     
     Other FOIA-Processed Documents
    Documents in this category have been disclosed, in full or with redactions, pursuant to the FOIA.  In addition to posting “frequently requested records,” or those which have been released three or more times to FOIA requesters, MSPB also posts other FOIA-processed documents which are likely to be of interest to the public.
       
    MSPB Merit Principles Survey Data
	IT-related Records
	Final Report - U.S. Merit Systems Protection Board (MSPB) IT Assessment Project (Cask, LLC)VMware Desktop Virtualization Health Check Services: Health Check Report for MSPB (VMware Professional Services)
  Assessment and Recommendations Prepared for: Merit Systems Protection Board (Kelyn Professional Services)
	
 FOIA Logs FY20
		MSPB FY20  FOIA Log Quarter 1MSPB FY20  FOIA Log Quarter 2MSPB FY20  FOIA Log Quarter 3FOIA Logs FY19
	MSPB FY19  FOIA Log Quarter 1MSPB FY19  FOIA Log Quarter 2MSPB FY19  FOIA Log Quarter 3MSPB FY19  FOIA Log Quarter 4FOIA Logs FY18
  MSPB FY18 FOIA Log Quarter 1MSPB FY18 FOIA Log Quarter 2MSPB FY18 FOIA Log Quarter 3MSPB FY18 FOIA Log Quarter 4
FOIA Logs FY17
  MSPB FY17 FOIA Log Quarter 1MSPB FY17 FOIA Log Quarter 2MSPB FY17 FOIA Log Quarter 3MSPB FY17 FOIA Log Quarter 4FOIA  Resources
MSPB FOIA ReportsText  of the FOIA (5 U.S.C. § 552)DOJ's Office of Information PolicyFOIA.govOffice of Government Information  Services (OGIS)


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U.S. Merit Systems Protection Board
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