[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33946-33948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16751]
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MERIT SYSTEMS PROTECTION BOARD
Privacy Act of 1974; Amendment System of Records Notice
AGENCY: Merit Systems Protection Board.
ACTION: Notice of amendment to existing system of records.
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SUMMARY: The Merit Systems Protection Board (MSPB) publishes this
document pursuant to the requirements of the Privacy Act of 1974 at 5
U.S.C. 552a(e)(4) to update the existence and character of its
government-wide system of records, MSPB/GOVT-1, Appeal and Case
Records.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Michael H. Hoxie, Office of the Clerk of the Board, (202) 653-7200.
SUPPLEMENTARY INFORMATION: This notice amends the text of MSPB/GOVT-1,
Appeal and Case Records to reflect changes in the Board's organization,
office locations, telephone and fax numbers and the extension of the
approved records disposition schedule from six to seven years.
Dated: June 26, 1996.
Robert E. Taylor,
Clerk of the Board.
MSPB/GOVT-1
System name:
Appeals and Case Records.
System locations:
Office of the Clerk of the Board, Merit System Protection Board
(MSPB), Information Resources Management Division, 1120 Vermont Avenue,
NW., Washington, DC 20419, and the MSPB regional and field offices (see
list of Office addresses in the Appendix).
Categories of individuals covered by the system:
a. Current and former Federal employees, applicants for employment,
annuitants, and other individuals who have filed appeals with MSPB or
its predecessor agency, or with respect to whom the Special Counsel or
a Federal agency has petitioned MSPB concerning any matter over which
MSPB has jurisdiction.
b. Current and former employees of state and local governments who
have been investigated by the Special Counsel and have had a hearing
before MSPB concerning possible violation of the Hatch Act.
Categories of records in the system:
a. These records contain information or documents such as briefs,
pleadings, motions, exhibits, hearing transcripts, and MSPB decisions,
which comprise the administrative records of appeals and other matters
arising under the adjudicatory authority of MSPB. These records also
contain individual appellant's names, social security numbers, home
addresses, veterans status, race, sex, national origin and disability
status data.
b. This system also includes the Board's automated Case Management
System. The system, resident on MSPB headquarter's minicomputer, which
contains information from the above records, is used to record the
location, history, status, and case processing information on cases
brought before the Board for adjudication.
Note.--This system includes records and documents compiled by
Federal agencies in processing adverse actions and actions based on
unacceptable performance, covered by OPM/GOVT-3, when such actions
are appealed to the MSPB.
Authority for maintenance of the system:
5 U.S.C. 1205, 1206, 1207, 1208, 7701, 7702.
Purpose:
a. These records are used to document and adjudicate appeals and
other matters arising under the MSPB original and appellate
jurisdiction.
b. These records also serve a management information function by
providing statistical data for reports, physical file location and
staff productivity.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Information from the record may be disclosed:
[[Page 33947]]
a. To officials of the Equal Employment Opportunity Commission or
the Special Panel convened under authority of 5 U.S.C. 7702 when
requested in connection with the performance of their authorized
duties;
b. To officials of the Office of Personnel Management, the Federal
Labor Relations Authority, the Equal Employment Opportunity Commission,
and the Office of Special Counsel in connection with the performance of
their authorized duties;
c. To the Government Accounting Office in response to an official
inquiry or investigation;
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual;
e. To an appropriate Federal or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order where there is an indication of a violation or
potential violation of civil or criminal law or regulation;
f. To the Office of Management and Budget at any stage in the
legislative process in connection with private relief legislation as
set forth in OMB Circular No. A-19;
g. To the Department of Justice when:
(1) The Board, or any component thereof; or
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the Department of Justice has agreed to represent the employee;
or
(4) The United States is a party to litigation or has an interest
in such litigation and the use of such records is deemed to be relevant
and necessary to the litigation, providing that the disclosure of the
records is a use of the information contained in the records that is
compatible with the purpose for which the records were collected, or
approval or consultation is required.
h. In any proceeding before a court or adjudicative body before
which the Board is authorized to appear, when:
(1) The Board, or any component thereof;
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the agency has agreed to represent the employee; or
(4) The United States is a party to litigation or has an interest
in such litigation and the use of such records is deemed to be relevant
and necessary to the litigation, providing that the disclosure of the
records is a use of the information contained in the records that is
compatible with the purpose for which the records were collected, or
approval or consultation is required.
i. To any person making a status inquiry regarding a proceeding
before the MSPB;
j. To the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906;
k. In response to a request for discovery or for appearance of a
witness, if the requested information is relevant to the subject matter
involved in a pending judicial or administrative proceeding;
l. To Federal and state agencies for the purpose of providing MSPB
with information concerning MSPB appellants, which information will be
used, absent personal identifiers, in the MSPB research projects
mandated by 5 U.S.C. 1205(a)(3), or
m. To officials of the U.S. Court of Appeals for the Federal
Circuit in connection with the performance of their judicial functions.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
These records are maintained in file folders and binders and in
computer processible storage media.
Retrievability:
These records are retrieved by the names of the individuals on whom
they are maintained, by social security numbers and by MSPB docket
numbers.
Safeguards:
Access to these records is limited to persons whose official duties
require such access. Personal screening is employed to prevent
unauthorized disclosure. Automated records in this system are
maintained in a secure computer room in a building with restricted
access. Automated records are protected from unauthorized access
through password identification procedures and other system-based
protection methods.
Retention and disposal:
Paper records are maintained for up to one year after a final
determination by MSPB or, in some instances, other administrative
authorities or the courts. Thereafter, they are transferred to Regional
Federal Records Centers or other appropriate facilities. Paper records
are destroyed by the Federal Records Centers when the records are seven
years old. Electronic records of the Case Management System may be
maintained indefinitely, or until the Board no longer needs them.
System Manager(s) and address:
The Clerk of the Board, and the Information Resources Management
Division, 1120 Vermont Avenue, NW., Washington, DC 20419, and the MSPB
regional and field offices (see list of regional office addresses in
the Appendix).
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about them should contact the Clerk of the Board
and must follow the MSPB Privacy Act regulations at 5 CFR 1205.11
regarding such inquiries.
Record access procedures:
Individuals requesting access to their records should contact the
Clerk of the Board. If the requester has reason to believe the records
in question are located in a regional or field office, it is
appropriate to submit the request to that office. Such requests should
be addressed to the regional director or chief administrative judge
(See the list of office addresses in the appendix). Requests for access
to records must follow the MSPB Privacy Act regulations at 5 CFR
1205.11.
Contesting record procedures:
Individuals requesting amendment should write the Clerk of the
Board. If the requester has reason to believe the records in question
are located in a regional or field office, it is appropriate to submit
the request to that office. Requests to the regions should be addressed
to the regional director or chief administrative judge (See the list of
office addresses in the appendix). Requests for amendment of records
must follow the MSPB Privacy Act regulations at 5 CFR 1205.21.
These provisions for amendment of the record are not intended to
permit the alternation of evidence presented in the course of
adjudication before the MSPB either before or after the MSPB has
rendered a decision on the appeal.
Record source categories:
The sources of these records are:
a. The individual to whom the record pertains;
b. The agency employing the above individual;
c. The Merit Systems Protection Board, the Office of Personnel
Management, the Equal Employment Opportunity Commission, the Office of
the Special Counsel; and
d. Other individuals or organizations from whom the MSPB has
received
[[Page 33948]]
testimony, affidavits or other documents.
APPENDIX
Regional and Field Offices of the Merit Systems Protection Board
1. Atlanta Regional Office, Merit Systems Protection Board, 401 W.
Peachtree Street, N.E., Suite 1050, Atlanta, Georgia 30308-3519
2. Boston Field Office, Merit Systems Protection Board, 99 Summer
Street, Suite 1810, Boston, Massachusetts 02110-1200
3. Central Regional Office, Merit Systems Protection Board, 230
South Dearborn Street, 31st Floor, Chicago, Illinois 60604-1669
4. Dallas Field Office, Merit Systems Protection Board, 1100
Commerce Street, Room 6F20, Dallas, Texas 75242-0102.
5. Denver Field Office, Merit Systems Protection Board, 12567 W.
Cedar Dr. Suite 100, Lakewood, Colorado 80228
6. New York Field Office, Merit Systems Protection Board, 26 Federal
Plaza, Room 3137-A, New York, New York 10278-0022
7. Northeastern Regional Office, U.S. Customhouse, Room 501, Second
and Chestnut Streets, Philadelphia, Pennsylvania 19106-2904
8. Western Regional Office, Merit Systems Protection Board, 250
Montgomery, Suite 400, San Francisco, California 94104-3401
9. Seattle Field Office, Merit Systems Protection Board, 915 Second
Avenue, Room 1840, Seattle, Washington 98174-1056
10. Washington, D.C. Regional Office, Merit Systems Protection
Board, 5203 Leesburg Pike Suite, 1109, Falls Church, Virginia 22041-
3401
[FR Doc. 96-16751 Filed 6-28-96; 8:45am]
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