Lynette A. Whitfield
U.S. Merit Systems Protection Board Continues to Lack Quorum
The U.S. Merit Systems Protection Board (MSPB), the agency that reviews cases involving civil services merit systems principles, has been without a quorum now for over one year. MSPB Board members are nominated by the President, confirmed by the Senate and serve staggered 7-year terms.
The MSPB Board consists of three members and must have at least two members for a quorum. Most of the Board’s functions, such as making decisions on Petitions for Review of MSPB Administrative Judges’ decisions, require a quorum and the Board has been without one since January 2017. The MSPB has published a Frequently Asked Questions page to address questions about the lack of quorum.
The good news is that in March 2018, the President has nominated two additional Board members, Andrew Maunz and Dennis Dean Kirk. The bad news is that Maunz and Kirk have yet to be confirmed and given the number of Presidential nominations currently pending, it could be awhile before this happens.
Although the Board has not been able to make any decisions on the Petitions for Review of the MSPB’s Administrative Judges’ decisions because of this lack of quorum, the Administrative Judges have continued to conduct hearings and process cases assigned to them. As a result, the Petitions for Review of these decisions have been piling up in a staggering backlog. Should Maunz and Kirk be confirmed by the Senate, they will face quite the job.
If you are a federal government employee who would like assistance with your MSPB Appeal, please contact our office online or via telephone at (301) 869-8774 to schedule a consultation.
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