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FederalDaily - November 29, 2005

Court Date Set for NSPS
SBA Lawyer Fired for E-mail
OMB Advises Agencies on Issuing Guidance
DoD Surveys Personnel on Post-Government Employment

Court Date Set for NSPS

The U.S. District Court for the District of Columbia has set Jan. 24, 2006, as the hearing date for an American Federation of Government Employees (AFGE)-led lawsuit against new Department of Defense (DoD) work rules, called the National Security Personnel System (NSPS). Further, Judge Emmet G. Sullivan assured an expeditious determination the merits of the case, according to AFGE. AFGE, together with the Metal Trades Department, AFL-CIO, the United Power Trades Organization, the International Federation of Professional and Technical Engineers, the International Brotherhood of Teamsters, the International Association of Fire Fighters, the Association of Civilian Technicians, the Laborers International Union, the National Association of Government Employees and the National Federation of Federal Employees filed the lawsuit against the DoD on Nov. 7.

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SBA Lawyer Fired for E-mail

On Nov. 28 the Office of Special Counsel (OSC) announced that in California a lawyer for the Small Business Administration (SBA) has been ordered to be fired from his job due to extensive use of government resources, including widespread use of e-mail while on government time, to engage in political activity in furtherance of his position with a political party. According to OSC, the Merit Systems Protection Board granted OSC’s petition for disciplinary action and ordered the removal from federal service of SBA attorney Jeffrey Eisinger for having engaged in partisan political activity while on duty. The MSPB judge found that, over a three-year period, Eisinger, an elected official of the California Green Party, received, read, drafted or sent more than 100 e-mails through his government computer that were directed toward the success of the Green Party.

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OMB Advises Agencies on Issuing Guidance

Federal agencies issuing guidance documents to the public just received advice on improving the transparency, quality and consistency of guidance documents from the Office of Management and Budget (OMB). On Nov. 23 OMB issued a bulletin of proposed “good guidance practices.” Under the proposal, the following would be required:

  • approval of significant guidance documents by senior agency officials;
  • standard elements for significant guidance documents, such as identifying the issuing office and who is affected;
  • transparency, including disclosure to the public of significant guidance documents;
  • procedures allowing the public to request the creation or modification of significant guidance documents; and
  • a presumption for notice and comment for economically significant guidance documents that could lead to a $100 million impact on the economy.

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DoD Surveys Personnel on Post-Government Employment

The Department of Defense (DoD) Office of Inspector General (OIG) announced earlier this month that it is surveying senior military and civilian personnel and the acquisition work force to determine their awareness and attitudes concerning restrictions on post-government service employment. The OIG said survey results will help DoD leadership better understand how DoD senior personnel and the acquisition work force become aware of post-government service restrictions, how they view their accountability for complying with the restrictions, and where they go for advice. The Ethics Resource Center, an independent, nonprofit organization based in Washington, D.C., will administer an anonymous, Web-based survey to all senior military and civilian personnel and a sample of acquisition work force personnel, randomly selected by DoD. No one within DoD will have access to individual responses.

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