MSPB Releases Research Brief: Agency Leader Responsibilities Related to Prohibited Personnel Practices

The Merit Systems Protection Board (MSPB) recently released a research brief on Agency Leader Responsibilities Related to Prohibited Personnel Practices (PPPs). The brief directs the head of each agency to engage in certain activities to prevent the occurrence of PPPs.

According to the brief, “The prohibited personnel practices (PPPs) are a list of fourteen (14) actions that agency officials are proscribed from committing.”

Among the PPPs are discrimination on the basis of race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation, influence a person to withdraw from competition, grant any preference or advantage not authorized by law, regulation, or rule, and employ or promote a relative- to name a few.

Under the 2017 Dr. Chris Kirkpatrick Act, when supervisors within agencies commit three particular PPPs, agencies heads must propose a disciplinary action.

Only a select few can make a Kirkpatrick determination, including the head of the agency employing the supervisor, an administrative law judge, and the MSPB. A Kirkpatrick determination occurs if one of these parties reaches the conclusion that a PPP was committed by the supervisor. If a Kirkpatrick Act determination occurs, “The head of the agency shall, for a first offense, propose a suspension of no less than three days, although the agency head may propose an additional penalty, such as a reduction in grade. For a second offense, the agency head shall propose a removal.”

According to the Act, responsibilities cannot be delegated by the agency head.

The brief furthers that agency heads are responsible to enforcing civil service laws in multiple ways. These ways include, “implementing disciplinary actions in response to violations, addressing systemic issues that permit the commission of improper personnel actions, and establishing a culture where corrective actions are taken to undo improper personnel actions.”

The brief also states that agency heads are responsible for ensuring that employees are educated regarding PPPs, ensuring supervisors are evaluated based on their support of whistleblowers, and preventing PPPs from occurring.