U.S. Merit Systems Protection Board 

 Open Government Plan 

Susan Tsui Grundmann, Chairman

April 7, 2010 

1. INTRODUCTION 

 On January 21, 2009, the White House issued a Presidential Memorandum 

titled Transparency and Open Government expressing the administration’s 

commitment to creating an unprecedented level of openness in government built 

upon three principles: (1) Transparency—the government should provide the 

public with information about its activities; (2) Participation—the government 

should provide the public with the opportunity to participate in policy-making; and 

(3) Collaboration—departments and agencies should collaborate with all levels of 

government, nonprofit entities, businesses, and the public. The Presidential 

Memorandum ordered the Director of the Office of Management and Budget 

(OMB) to issue an Open Government Directive (Directive) instructing executive 

departments and agencies to take specific actions to implement the principles 

outlined in the Presidential Memorandum. 

 On December 8, 2009, OMB issued the Open Government Directive. 

The Directive requires agencies to take four specific actions within set time 

periods. The four specific actions are: 1) publication of three high-value data sets; 

2) designation of a senior agency official to be accountable for all publicly 

disseminated Federal spending information; 3) creation of an Open Government 

webpage; and 4) development and publication of an Open Government Plan. The 

Directive also sets general requirements for agencies to follow in implementing 

open government principles. In addition, the Directive sets deadlines for OMB 

and other entities to provide further guidance on open government issues. The 

Directive (along with current guidance from the General Services Administration 

(GSA)) makes it clear that agency obligations in this area are ongoing, and that 

agencies should be proactive in meeting the Directive’s requirements. 

 The MSPB has completed the first three actions required by the Directive. 

On January 22, 2010, the MSPB posted three high-value data sets to the Data.gov

website. On, January 14, 2010, MSPB Chairman Susan Tsui Grundmann 

designated the Director of the Office of Financial and Administrative Management 

to be accountable for all publicly disseminated Federal spending information. On 
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February 24, 2010, the MSPB created an open government webpage at 

www.mspb.gov/open. 

Publication of this Open Government Plan brings the MSPB into 

compliance with the initial requirements of the Directive. The MSPB recognizes 

that, pursuant to the provisions of the Directive, this Open Government Plan is 

only a “first draft” and additional steps will be necessary to meet the agency’s 

ongoing obligations under both the Presidential Memorandum and the Directive. 

Accordingly, MSPB stakeholders and other members of the public are invited to 

comment on the MSPB’s Plan or any aspect of MSPB’s efforts to incorporate the 

principles of transparency, participation and collaboration into the core mission 

objectives of the agency. Stakeholders and other members of the public may send 

an e-mail to the Clerk of the Board at opengovernment@mspb.gov. 

2. STEPS TAKEN BY THE MSPB IN DEVELOPING THIS PLAN 

This Open Government Plan was drafted by the MSPB’s Open Government 

Working Group. The Working Group includes representatives from each of the 

MSPB headquarters offices: Office of Appeals Counsel, Office of the Clerk of the 

Board, Office of Equal Employment Opportunity, Office of Financial and 

Administrative Management, Office of the General Counsel, Office of Information 

Resources Management, Office of Policy and Evaluation, and the Office of 

Regional Operations. The Working Group met to discuss the MSPB’s Open 

Government Plan and MSPB compliance with the requirements of the Directive

on several occasions. The viewpoints of all offices are reflected in this Plan. 

The Working Group is planning to ask each Office Director to canvass their 

respective staff members for suggestions for enhancing agency transparency and 

fostering participation and collaboration. The Working Group will also provide 

the MSPB Labor / Management Council with periodic updates on its activities. 

In an effort to obtain input from the general public, stakeholders and open 

government experts, the MSPB’s Open Government webpage includes a statement 

by Chairman Susan Tsui Grundmann that emphasizes the MSPB’s commitment to 

be proactive in its approach to transparency, participation, and collaboration and 

provides users the opportunity to contact the MSPB with comments, complaints, 

or suggestions by e-mail to opengovernment@mspb.gov. The MSPB also plans 

to undertake the following actions to maintain a dialogue with the general public, 

stakeholders, and open government experts: 
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 Date Action

4/7/2010 Post an invitation for comments on the Plan on the 

MSPB Open Government webpage (see next section.) 

4/21/2010 Issue a press release seeking public input on the 

MSPB’s open government plan, the information the 

public would like the MSPB to disclose, and any other 

concerns or suggestions concerning means by which 

the MSPB could improve transparency, participation, 

and collaboration in its core mission objectives. 

4/21/2010 Publish a Federal Register notice seeking public input 

on the MSPB’s open government plan, the information 

the public would like the MSPB to disclose, and any 

other concerns or suggestions concerning means by 

which the MSPB could improve transparency, 

participation, and collaboration in its core mission 

objectives. 

4/21/2010 Send a communication from Chairman Susan Tsui 

Grundmann to a variety of outside entities (including 

Federal agency heads, union leaders, management 

associations, non-profit groups, and academia) seeking 

input on the MSPB’s open government plan, the 

information the public would like the MSPB to 

disclose, and any other concerns or suggestions 

concerning means by which the MSPB could improve 

transparency, participation, and collaboration in its 

core mission objectives. 

3. PUBLICATION AND UPDATING OF THE MSPB’S OPEN 

GOVERNMENT PLAN 

The MSPB's data sets are available on the MSPB’s Open Government 

webpage (www.mspb.gov/open). The data sets are in an open format to enable the 

public to download and analyze the information. In order to maintain public 

engagement and facilitate a continuing dialogue concerning the MSPB’s Open 

Government Plan, the MSPB’s Open Government webpage features a link that 

will encourage stakeholders and members of the public to provide feedback on an 

ongoing basis. The MSPB will incorporate all relevant and useful ideas developed 

during the course of this dialogue in future revisions to this Open Government 
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Plan, to the extent that such suggestions are feasible under personnel and other 

resource constraints. 

At minimum, the MSPB will review and, if warranted, update its Open 

Government Plan biannually, as required by the Directive. Significant 

developments in agency operations or government-wide activities may warrant 

more frequent updates. 

4. IMPROVING TRANSPARENCY AT THE MSPB 

A. The MSPB is currently meeting its legal information dissemination 

obligations by: 

1. Responding to FOIA requests in a thorough and timely manner, 

and consistent with the Attorney General’s March 19, 2009, 

Memorandum regarding FOIA; 

2. Posting 3-High Value Data Sets on its Open Government 

webpage; 

3. Posting the Freedom of Information Act Annual Report on the 

MSPB’s webpage and the MSPB’s Open Government webpage; 

4. Posting the Chief FOIA Officer’s Report on the MSPB’s 

webpage; 

5. Posting the MSPB’s Information Quality Guidelines on the 

MSPB webpage; 

6. Posting the MSPB’s Performance and Accountability Report on 

the MSPB’s webpage; and, 

7. Posting the MSPB’s FY Strategic Plan on the MSPB’s webpage. 

B. The MSPB plans to improve its existing information dissemination 

practices by: 

1. Developing a strategic action plan for transparency that conforms 

to the requirements set forth in the Directive, including incorporating 

the strategic plan for transparency into the MSPB’s strategic plan; 
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● Preparing an inventory of all high-value information 

currently available for download from the MSPB’s website. 

● Periodically updating its primary public website. The 

MSPB's primary public website (www.mspb.gov) was 

refreshed on February 24, 2010 to provide more information, 

allow easier navigation, and, in support of President Obama’s 

Open Government Initiative, offer more transparency. The 

last major change to the MSPB website occurred in 2007. On 

MSPB’s revamped site, one of the first new items visitors 

encounter is an interactive slideshow. It provides a brief 

description of the various aspects of MSPB’s missions and, 

by clicking on a particular slide, a visitor sees more detailed 

information. Visitors also should notice new direct links to 

frequently requested and viewed items such as press releases, 

MSPB case reports, and other resources. The MSPB website 

now provides visitors with the ability to share items using 

social media such as Facebook and Twitter. Included in the 

updated website is the MSPB’s Open Government webpage 

(www.mspb.gov/open). This was the first step in an ongoing 

effort to adapt current best practices and leverage the 

communication value of social media on the MSPB’s 

website. 

● Identifying high value data sets not yet available online 

and setting a goal of online publication within 30 days after a 

decision is made to publish. 

● Developing a plan for timely publication of the data 

underlying high value information; 

Each member of MSPB's Open Government Working Group 

serves as a liaison with their respective office to identify high value 

data that should be considered for publication on 

www.mspb.gov/open. Once an office identifies data for possible 

publication, that liaison notifies the rest of the Working Group so 

that each office can consider potential impacts, e.g., Privacy Act 

considerations. Once a consensus is reached that the information 

meets the definition of high value data, and should be published, the 

Clerk of the Board will forward the recommendation, including any 

potential impacts, to the Executive Director for approval. Generally, 

MSPB will seek to publish data within 30 days after consensus is 

reached by the Open Government Working Group. In addition, the 
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MSPB intends to post online the data currently provided annually in 

the MSPB Annual Report and the MSPB Performance and 

Accountability Report. Once posted online, this data will be updated 

quarterly. 

2. Documenting MSPB’s compliance with guidance such as 

Data.Gov, eRulemaking, IT Dashboard, Recovery.gov, and 

USAspending.gov, and steps the MSPB is taking and the timing to 

meet the requirements for each of these initiatives; 

● Data.gov. - On January 22, 2010, the MSPB posted three 

high value data sets on Data.gov. The MSPB also anticipates 

posting additional data sets on Data.Gov in the near future. 

● eRulemaking – The MSPB’s Federal Register notices are 

published on the regulations.gov website 

[http://www.regulations.gov/search/Regs/home.html#home] 

and the Government Printing Office’s website 

[http://www.gpoaccess.gov/cfr/index.html]. The agency also 

invites the submission of comments on its rules and 

regulations via e-mail. 

● USAspending.gov - The MSPB posts its contracts on the 

USAspending website. 

● Recovery.gov - The MSPB has no information relevant to 

this website as it is not one of the agencies designated to 

display information as part of the IT Dashboard initiative. 

● The MSPB’s regulations are posted on the MSPB website 

[http://www.mspb.gov/appeals/uscode.htm] and are available 

on the Government Printing Office website 

[http://ecfr.gpoaccess.gov]. 

3. Developing a plan to inform the public of significant actions and 

business of the MSPB; 

 The MSPB will inform the public of significant actions and 

business using existing channels, e.g., press releases posted on the 

MSPB’s website (described in 4.A.2., above) and sent to listserv 

subscribers; other announcements and new content posted on the 

MSPB’s website; and Federal Register Notices, where appropriate. 

The MSPB has already updated its website to allow individuals to 
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post information from the MSPB website to Facebook and Twitter. 

The MSPB Chairman is also considering whether creating an MSPB 

presence on social media outlets like Twitter and Facebook would 

appropriately serve the MSPB’s varied constituencies. As noted 

elsewhere in this Plan, the MSPB has solicited amicus briefs 

regarding a case which may have significant impact on numbers 

Federal employees. The MSPB further plans to hold oral argument 

(something it has not done since the 1980s) in cases of significance 

to the federal sector employment community. Finally, the MSPB 

has scheduled and/or held meetings with many of its stakeholders 

including representatives from the following groups: federal sector 

unions, agency attorneys, appellant attorneys, senior executive and 

federal manager associations. 

4. Including on www.mspb.gov/open a description of how the 

MSPB is meeting its existing records management requirements; 

The Clerk of the Board is the primary agency official for 

ensuring that MSPB is meeting its existing records management 

requirements. To this end, MSPB currently is conducting a 

comprehensive review of its records management program. 

Approved Standard Form (SF) 115s, 'Request for Records 

Disposition Authority,' for MSPB currently are posted on 

www.archives.gov/records-mgmt/rcs/. These forms and any newlyapproved SF-115s also will be posted on www.mspb.gov/open. 

5. Including on www.mspb.gov/open a description of the MSPB’s 

staffing, organizational structure, and process for analyzing and 

responding to FOIA requests, and an assessment of the MSPB’s 

capacity to analyze, coordinate, and respond to such requests in a 

timely manner, together with proposed changes, technological 

resources, or reforms that MSPB determines are needed to 

strengthen the agency’s response processes; and 

Freedom of Information Requests are processed by the Clerk 

of the Board. The MSPB has two FOIA Public Liaisons in the 

Clerk’s office at headquarters and one FOIA Public Liaison in each 

of the agency’s regional and field offices. The MSPB has publicized 

the President’s FOIA Memorandum and the Attorney General’s 

FOIA Guidelines internally. Employees responsible for responding 

to FOIA requests also attend training sponsored by the Department 

of Justice and other organizations regarding the presumption of 
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openness. Further, the MSPB applies the presumption of openness 

to FOIA requests. 

MSPB records show that compared to FY 2008, MSPB had a 

6% increase in the percentage of FOIA requests that were granted in 

full in FY 2009. Moreover, in the first five months of FY 2010 

(October 2009 through February 2010), the MSPB received five 

FOIA appeals. Of those, three were granted in part and two are 

pending. In contrast, in all of FY 2009, a total of five FOIA appeals 

were received, and all five were denied. Clearly, whether at the 

initial request or appeal levels, MSPB has applied, and will apply, 

the presumption of openness. 

Inasmuch as the MSPB processes FOIA requests in under 20 

days on average, the MSPB believes that it has an effective system 

for responding to such requests. Nonetheless, MSPB made several 

upgrades to its FOIA Tracking System in FY 2009. First, the MSPB 

made its FOIA Tracking System the mandatory repository for all 

users to ensure that MSPB FOIA requests and response records are 

available via a single agency-wide log. Second, MSPB now 

captures incoming FOIA requests and subsequent agency responses 

in the MSPB’s document management system. In prior years, 

MSPB maintained its FOIA records in a separate network directory 

that was not readily accessible to all relevant staff. This update 

provides MSPB’s FOIA personnel with direct access to the records 

they need when they need them, rather than relying on other staff to 

provide access. Third, the MSPB added a report creating function to 

the MSPB Document Management System (DMS). In prior years, 

MSPB asked each of its regional and field offices for data to compile 

the agency’s Annual FOIA Report. With all users now providing 

FOIA data in real time through a single tracking system, the annual 

request for data by office no longer is necessary. Thus, the upgraded 

FOIA Tracking System allows faster responses to status requests, 

provides better monitoring information, and aids MSPB staff in 

assembling background material for administrative appeals. 

Further, in order to ensure MSPB’s FOIA personnel have 

sufficient IT support, the Clerk of the Board meets with MSPB’s 

Chief Information Officer (CIO) prior to the beginning of each fiscal 

year to discuss IT support requirements and mutually agree on 

projects for the upcoming year. Frequently, MSPB’s project list 

includes support and new initiatives related to MSPB’s FOIA 

program. Through this collaborative process, MSPB achieved the 
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upgrades to its FOIA Tracking System described above. Since the 

overwhelming majority of MSPB’s FOIA requests are requests for 

records readily available, the MSPB responds to most requests in a 

timely manner, and the MSPB does not have backlog. The MSPB is 

taking the following steps to maintain and improve the MSPB FOIA 

program: 

● To update and maintain employees’ skill sets, the MSPB 

continually seeks to identify appropriate FOIA training; 

● The MSPB provides basic FOIA training annually to all 

MSPB staff; 

● To improve processing, monitoring, and timeliness, the 

MSPB continues to evaluate FOIA-related software, 

including redaction and tracking applications; 

● The MSPB is exploring ways to allow requesters to check 

the status of their requests online; and, 

● The MSPB monitors requests received to identify 

documents for posting on the MSPB’s public website. 

6. Including on www.mspb.gov/opm a description of the MSPB’s 

staffing, organizational structure, and process for analyzing and 

responding to Congressional requests for information. 

 

Generally, the Legislative Counsel is the primary liaison 

between MSPB and Congress. However, the Clerk of the Board and 

the regional offices respond to congressional inquiries on matters 

related to the adjudication of specific cases before the MSPB. 

Historically, these inquiries request the status of the adjudication of 

appeals, request the expedited processing of such appeals, and/or 

express support for an appellant. Responses that are drafted by the 

staff of the Clerk of the Board are reviewed by the Legislative 

Counsel. The Legislative Counsel receives copies of responses that 

are drafted by the Regional Directors or Chief Administrative 

Judges. 

The Legislative Counsel is responsible for responding to all 

non-case related inquiries. The process for responding to such 

request varies depending on the nature of the request. For example, 

if the request calls for the compilation of case processing data, the 
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Legislative Counsel will submit a request for assistance in compiling 

that data from the Office of Information Resources Management. 

All draft responses are approved by the General Counsel prior to 

issuance. 

7. Declassification programs 

The MSPB has no original declassification authority. While 

MSPB cases do on occasion contain classified information, the 

MSPB provides any classified information to the originating agency 

for declassification. 

5. PROMOTING PUBLIC PARTICIPATION IN THE MSPB’S 

ACTIVITIES AND INCREASING PUBLIC FEEDBACK. 

The MSPB has taken numerous steps to increase public participation in its 

activities. The agency plans to build upon these efforts. As discussed in section 2 

of this Open Government Plan, the MSPB has provided a means for the public to 

offer suggestions and feedback on the MSPB’s Open Government Page. In 

addition, the MSPB is using press releases, Federal Register notices and other 

forms of outreach to foster greater public participation in the agency’s ongoing 

efforts to increase transparency, participation and collaboration in all aspects of its 

operations. For example, as discussed earlier in this report, Board members have 

held and/or scheduled meetings with various stakeholders. These types of 

meetings have not typically occurred in the past. The Board members intend to 

offer to meet with stakeholders semi-annually. The public may learn more about 

the MSPB’s efforts to increase public participation by going to the MSPB’s 

website (www.mspb.gov) and its Open Government website 

(www.mspb.gov/open). Feedback may be sent to the MSPB by e-mail 

(opengovernment@mspb.gov). The MSPB is also considering whether creating 

an MSPB presence on social media outlets such as Twitter and Facebook would 

appropriately serve MSPB’s varied constituencies. 

In addition to these general efforts to promote increased participation in the 

MSPB’s activities, the MSPB is also developing a plan to increase public 

participation in its two core mission activities, the adjudication of cases and the 

preparation of special reviews and studies of the merit systems. 

A. Promoting greater public participation in the MSPB’s adjudicatory 

activities. 

While public participation in the MSPB’s adjudication function is 

inherently difficult to expand, the MSPB has begun to implement a plan to 
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increase such participation. First, the MSPB has begun the process of 

scheduling oral argument in the adjudication of selected petitions for 

review. While the MSPB lacks the resources required to grant oral 

argument in a significant number of cases, periodic oral arguments will 

nonetheless promote greater participation by the parties in the MSPB’s 

adjudication of cases. The MSPB also plans to increase public participation 

in its adjudicatory function by inviting amicus briefs in selected petitions 

for review. For example, on January 25, 2010, the MSPB invited interested 

parties to submit amicus briefs in a case that presented a significant issue 

concerning the MSPB’s jurisdiction. See, 75 FR 3939. While no set goal 

or timeline can be applied to the MSPB’s practice of promoting public 

participation through the use of oral argument or the solicitation of amicus 

briefs, the MSPB intends to use these procedures in cases that present 

issues of special significance. 

Hearings held by MSPB administrative judge are already open to the 

public. While an administrative judge may determine that it is necessary to 

close a hearing under appropriate circumstances, it is rare that this occurs. 

In addition, an administrative judge may allow permissive intervention and 

may accept amicus briefs if such participation is requested. 

B. Promoting greater public participation in the MSPB’s studies and 

reports function. 

MSPB encourages substantial public participation in the studies and 

reports function through soliciting input into the development of MSPB’s 

research agenda and soliciting customer feedback on MSPB’s products. 

MSPB is currently in the process of canvassing the agency’s stakeholders 

to obtain input regarding the issues they view as priorities for the agency to 

study. MSPB officials will then identify the topics that garnered broad 

interest and determine if the agency can add value by researching these 

topics. Similarly, to ensure that MSPB is meeting customers' needs, agency 

officials also obtain feedback regarding MSPB’s reports and quarterly 

newsletter, Issues of Merit, by periodically conducting customer 

satisfaction surveys. The availability of the MSPB Studies website to host 

surveys has further expedited the feedback loop and enabled MSPB to be 

even more responsive to customer feedback. 

6. IMPROVING COLLABORATION BY INCREASING COOPERATION 

WITH FEDERAL AND NON-FEDERAL GOVERNMENTAL AGENCIES, 

THE PUBLIC, AND NON-PROFIT AND PRIVATE ENTITIES. 
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A. Using technology platforms to improve collaboration. 

1. The MSPB is considering whether creating an MSPB presence on 

social media outlets like Twitter and Facebook would appropriately 

serve the MSPB’s varied constituencies. 

2. When the MSPB refreshed its public website on February 24, 

2010, a feedback mechanism was added to allow interested parties to 

e-mail MSPB at opengovernment@mspb.gov. 

B. Links to website where the public can learn about the MSPB’s 

efforts to improve collaboration. 

 1. MSPB website (www.mspb.gov); and, 

 2. MSPB open government website (www.mspb.gov/open). 

C. Innovative methods to increase collaboration with those in the 

private sector, non-profit, and academic communities. 

1. The MSPB will attempt to expand the scope of MSPB outreach 

activities. As of the date this plan was published, scheduled 

appearances by Board Members and senior MSPB staff include the 

following: 

DATE EVENT 

4/11/2010 ABA Section on Labor and Employment Law 

5/5/2010 Federal Employment Law Training Group 

(FELTG) 

5/20/2010 Court of Appeals for the Federal Circuit Judicial 

Conference 

6/10/2010 Asian American Government Executives 

Network (AAGEN) Leadership Conference 

6/15/2010 FPMI Labor and Employee Relations (LER) 

Conference 

6/24/2010 Federal Circuit Bar Association Bench & Bar 

Conference 

8/11/2010 Federal Dispute Resolution Conference 

9/23/2010 Federal Sector Labor Relations & Labor Law 

Program 

Chicago-Kent School of Law 
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2. When the MSPB refreshed its public website on February 24, 

2010, a feedback mechanism was added to allow all entities to email MSPB at opengovernment@mspb.gov; and, 

3. Host events to discuss OPE studies with those in the private 

sector, non-profit, and academic communities. 

7. FLAGSHIP INITIATIVE 

Over the course of the next two years, the MSPB intends to focus on its outreach 

to stakeholders groups including appellants, their attorneys or other 

representatives, agency representatives, academicians and human resources 

professionals. This initiative will improve the public’s knowledge of the agency 

and its operations and enable the agency to respond to need and demand as 

identified through public consultation. 

The cornerstone of the initiative is the appointment of an Outreach Coordinator 

who will serve as the repository and clearinghouse for all outreach efforts that are 

now implemented independently by several program offices. Assigning an 

oversight and role to one person will enable MSPB to track the extent to which the 

agency’s outreach programs foster agency transparency and facilitate participation 

and/or collaboration by staff, stakeholders and other members of the public. 

8. PLANS FOR CONTINUING PUBLIC ENGAGEMENT 

Public engagement will continue to be a key part of the MSPB’s plan to 

periodically review and modify this Open Government Plan at least every two 

years. The MSPB’s Open Government webpage will solicit additional feedback 

concerning this Open Government Plan on an ongoing basis and the MSPB will 

incorporate in future revisions of this Open Government Plan all relevant and 

useful ideas developed in this dialogue, to the extent that such suggestions are 

feasible under personnel and other resource constraints. 

9. MEASURING THE SUCCESS OF THE MSPB’s OPEN GOVERNMENT 

INITIATIVES 

The MSPB will measure the success of its Open Government initiatives in various 

ways, including: 

A. The number of comments on Open Government issues received via email at opengovernment@mspb.gov. 
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B. The percentage of e-mails to opengovernment@mspb.gov that result in 

the publication of data sets and other information on www.mspb.gov/open. 

C. The number of data sets and other information approved for publication 

identified by MSPB offices. 

D. The extent to which the MSPB publishes data within 30 days after the 

information is approved for release. 

E. The number of times those data sets are downloaded by visitors to 

Data.gov or www.mpsb.gov/open. 

F. The number of proactive disclosures made under FOIA.