[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
MERIT SYSTEMS PROTECTION BOARD
Table of Contents
MSPB/INTERNAL-1, Pay, Leave, and Travel Records
MSPB/INTERNAL-2, Employee Grievance Records
MSPB/INTERNAL-3, Employee Awards Tracking System Records
MSPB/INTERNAL-5, Workload and Assignment Tracking System
MSPB/INTERNAL-6, Security Management Records
MSPB/INTERNAL-7, Administrative Data System
MSPB/INTERNAL-8, Office of Appeals Counsel Case Production Data
System
MSPB/INTERNAL-9, Emergency contact Data Base System
MSPB/CENTRAL-1, Assignment and Correspondence Tracking System
Records
MSPB/CENTRAL-2, General Correspondence Records
MSPB/CENTRAL-3, Freedom of Information Act/Privacy Act Case
Records
MSPB/CENTRAL-4, Litigation and Claims Records
MSPB/GOVT-1, Appeal and Case Records
APPENDIX-REGIONAL OFFICES OF THE MERIT SYSTEMS PROTECTION BOARD
MSPB/INTERNAL-1
System name: Pay, Leave, and Travel Records.
System location:
Office of Administration, Personnel Division, Merit Systems
Protection Board (MSPB) and Information Resources Management
Division, 1120 Vermont Avenue, NW, Washington, DC 20419; MSPB
regional offices (see list of regional office addresses in the
Appendix); and USDA National Finance Center, 13800 Gentilly Road, New
Orleans, Louisiana 70129.
Categories of individuals covered by the system:
Current and former employees of the Merit Systems Protection
Board.
Categories of records in the system:
This system, both manual and automated, contains records relating
to pay, leave, and travel. This includes information such as: Name;
date of birth; Social Security number; home address; grade; employing
organization; timekeeper number; salary; pay plan; number of hours
worked; leave accrual rate, usage, and balances; Civil Service
Retirement contributions; FICA withholdings; Federal, state and local
tax withholdings; Federal Employee's Group Life Insurance
withholdings; Federal Employee's Health Benefits withholdings;
charitable deductions; allotments to financial organizations;
garnishment documents; savings bonds allotments; union and management
association dues withholding allotments; travel expenses; information
on the leave transfer program; and fare subsidy program..
Authority for maintenance of the system:
5 U.S.C. 1205, 5501 et seq., 5525 et seq., 5701 et seq., 6301 et
seq., Executive Order 9397, and Pub. L. 100-202, 100-440, Pub. L.
101-59.
Purpose(s):
These records are used to administer the pay, leave and travel
functions of the Merit Systems Protection Board.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To the Department of Treasury to issue checks and U.S. Savings
Bonds;
b. To the Department of Labor in connection with a claim filed by
an employee for compensation due to a job-connected injury or
illness;
c. To state offices of unemployment compensation in connection
with claims filed by former MSPB employees for unemployment
compensation;
d. To Federal Employees, Group Life Insurance or Health Benefits
carriers in connection with survivor annuity or health benefit claims
or records reconciliations;
e. To the Internal Revenue Service and state and local tax
authorities;
f. To the Social Security Administration in connection with FICA
withholding and benefits;
g. To the Office of Personnel Management in connection with
payroll deductions for civil service retirement plans;
h. To the authorized employees of another Federal agency that
provides MSPB with manual and automated assistance in processing pay,
and leave;
i. To officials of labor organizations recognized under 5 U.S.C.
Chapter 7l when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions;
j. To the appropriate Federal, state, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, where the MSPB becomes aware of a
possible violation or potential violation of civil or criminal law or
regulation;
k. To any source from which the MSPB requests additional
information relevant to an MSPB determination concerning an
individual's pay, or leave;
l. To a Federal agency, at its request, for purposes connected
with: The hiring or retention of an employee, the issuance of a
security clearance, the conduct of a suitability or security
investigation of an individual, the classification of a job, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter;
m. To the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19;
n. 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;
o. To the Department of Justice when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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, provided 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;
p. In a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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, provided 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;
q. To the National Archives and Records Administration pursuant
to records management inspections conducted under authority of 44
U.S.C. 2904 and 2906;
r. In response to a request for discovery or for appearance of a
witness, if the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding;
s. To officials of the Office of Special Counsel, Office of
Personnel Management, the Federal Labor Relations Authority or the
Equal Employment Opportunity Commission when requested in the
performance of their authorized duties;
t. To the General Accounting Office for auditing purposes; and
u. To the Social Security Administration and the Department of
the Treasury, to provide pay data.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
These records are retrieved by name or social security number.
Safeguards:
Access to and use of these records is limited to those persons
whose official duties require such access. Paper records are
maintained in locked cabinets. Automated records are protected from
unauthorized access through password identification procedures and
other system-based protection methods. Magnetic tape files and disk
files are in a locked computer room and library which can be accessed
by authorized personnel only.
Retention and disposal:
These records are maintained for varying periods of time in
accordance with NARA General Records Schedule 2. Disposal of manual
records is by shredding or burning; magnetic tapes and disks are
erased.
System manager(s) and address:
Director, Office of Administration, Merit Systems Protection
Board, 1120 Vermont Avenue NW., Washington, DC 20419.
Notification procedure:
Individuals wishing to determine whether this system of records
contains information about them should contact the Clerk of the Board
or the MSPB regional office where the individual is or was employed
(See Appendix for a list of regional office addresses).
Individuals making inquiries as to the existence of records
pertaining to them 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 or the MSPB regional office where the individual
is or was employed (See Appendix for list of regional office
addresses).
Individuals requesting access must also follow the MSPB Privacy
Act regulations at 5 CFR 1205.11 regarding access to records and
verification of identity.
Contesting record procedures:
Individuals wishing to request amendment of their records should
contact the Clerk of the Board or the MSPB regional office where the
individual is or was employed.
Individuals requesting amendment of their records must also
follow the MSPB Privacy Act regulations set forth at 5 CFR 1205.21
regarding amendment of records and verification of identity.
Record source categories:
a. The individual to whom the record pertains;
b. Merit Systems Protection Board officials responsible for pay,
travel and leave; and
c. Other official personnel documents of MSPB.
MSPB/INTERNAL-2
System name: Employee Grievance Records.
System location:
Office of Administration, Personnel Division, Merit Systems
Protection Board (MSPB), 1120 Vermont Avenue NW, Washington, DC 20419
Categories of individuals covered by the system:
Current and former employees of the Merit Systems Protection
Board who have filed grievances in accordance with the MSPB
procedures established under 5 CFR part 771, subpart C.
Categories of records in the system:
The system contains records of grievances filed by MSPB
employees. The case files contain all documents related to the
grievance, including statements of witnesses, reports or transcripts
of interviews and hearings, the employee's written request for review
of the initial grievance, designation of the grievance examiner, any
written comments by the grievant or the grievant's representative
upon review of the file at the completion of the inquiry, the
examiner's report of findings and recommendations, the grievance
decision, and correspondence and exhibits related to the grievance.
The system does not include files and records of any grievance filed
under negotiated procedures with recognized labor organizations.
Authority for maintenance of the system:
5 U.S.C. 1205, 5 CFR part 771.
Purpose(s):
These records are used to process grievances filed by MSPB
employees for personal relief in certain matters that are subject to
the control of MSPB management.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To any source from which the MSPB requests additional
information in the course of processing a grievance, to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and identify the type of information
requested;
b. To an appropriate Federal, state, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order where the MSPB is aware of a violation or
potential violation of civil or criminal law or regulation;
c. To a Federal agency, at its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the conduct of a security or suitability investigation of
an individual, the classifying of jobs, the letting of a contract or
the issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter;
d. To a congressional office which makes an inquiry on a current
or former employee;
e. To the Department of Justice when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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 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;
f. In a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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;
g. To the National Archives and Records Administration pursuant
to records management inspections conducted under authority of 44
U.S.C. 2904 and 2906;
h. To officials of the Office of Special Counsel, Office of
Personnel Management, the Federal Labor Relations Authority, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties;
i. In response to a request for discovery or for appearance of a
witness, if the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding; and
j. To officials of labor organizations recognized under 5 U.S.C.
Chapter 71 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting work conditions.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders, and housed in an
automated records storage and retrieval system.
Retrievability:
These records are retrieved by the name of the grievant.
Safeguards:
These records are maintained in an automated records storage and
retrieval system, equipped with a locking device. Access to the
system is limited to persons whose official duties require such
access.
Retention and disposal:
These records are disposed of by shredding three years after
closing of the case.
System manager(s) and address:
Director of Personnel, Merit Systems Protection Board, 1120
Vermont Avenue NW, Washington, DC 20419.
Notification procedure:
Individuals wishing to determine whether this system of records
contains information about them should contact the Clerk of the
Board. Individuals who have filed grievances are aware of that fact
and have been given an opportunity to review the record.
Individuals making inquiries as to the existence of records
pertaining to them must also 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.
Individuals requesting access must also follow the MSPB Privacy
Act regulations at 5 CFR 1205.11 regarding access to records and
verification of identity.
Contesting record procedures:
Review of requests from individuals seeking amendment of their
records which have been the subject of a judicial or quasi-judicial
action will be limited in scope. Review of amendment requests of
these records will be restricted to determining if the record
accurately documents the action of the officer ruling on the case,
and will not include a review of the merits of the action,
determination, or findings.
Individuals wishing to request amendment of their records to
correct factual errors should write the Clerk of the Board.
Individuals requesting amendment must also follow the MSPB
Privacy Act regulations at 5 CFR 1205.21 regarding amendment of
records and verification of identity.
Record source categories:
a. The individual on whom the record is maintained;
b. Witnesses;
c. Agency officials;
d. Hearing examiner; and
e. Related correspondence from organizations or persons.
MSPB/INTERNAL-3
System name: Employee Awards Tracking System Records.
System location:
Office of Administration, Personnel Division, Merit Systems
Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC
20419.
Categories of individuals covered by the system:
Current and former employees of the Merit Systems Protection
Board who have received recognition for achievements either within or
outside the employee's job responsibilities, and for length of
service to the Government.
The system includes awards given to employees under the MSPB
Incentive Awards Program; performance awards given to employees in
the Senior Executive Service; and performance awards given to
employees in the Performance Management and Recognition System.
Categories of records in the system:
This system contains information about the awardees, including:
Name, social security number, position title and series, current
grade, step within grade, annual salary, most recent previous award,
requested and approved award amount and accounting data or code.
Authority for maintenance of the system:
5 U.S.C. 1205, 5 U.S.C. 4501 et seq. and 5 U.S.C. 5336.
Purpose(s):
These records are collected and maintained to provide calculation
and reporting data on MSPB employees who have received awards.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To other Federal agencies and other organizations to process
and approve suggestions and nominations for awards or quality step
increases for MSPB employees;
b. To other government agencies to recommend whether suggestions
made by an MSPB employee affect the functions or responsibilities of
the agencies;
c. 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;
d. To other public (Federal, state, or local) or private
organizations, including news media, which grant or publicize
employee awards or honors;
e. To the National Archives and Records Administration pursuant
to records management inspections conducted under authority of 44
U.S.C. 2904 and 2906;
f. To officials of the Office of Special Counsel, the Office of
Personnel Management, the Federal Labor Relations Authority, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties; and
g. In response to a request for discovery or for appearance of a
witness, if the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in computer processable storage
media.
Retrievability:
These records are retrieved by the name of the individual award
recipients or nominees.
Safeguards:
Access to and use of these records are limited to persons whose
official duties require such access. The records in this system are
maintained in a locked room in a building with restricted access. The
records are protected from unauthorized access through password
identification procedures.
Retention and disposal:
These records are retained for two years and then destroyed.
System manager(s) and address:
Director of Personnel, Merit Systems Protection Board, 1120
Vermont Avenue NW, Washington, DC 20419.
Notification procedure:
Individuals wishing to determine whether this system of records
contains information about them should contact the Clerk of the
Board. Individuals inquiring as to the existence of records
pertaining to them must also 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. Individuals requesting access must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11 regarding access to
records and verification of identity.
Contesting record procedures:
Individuals requesting amendment of records about them should
write the Clerk of the Board. Individuals requesting amendment must
also follow the MSPB Privacy Act regulations at 5 CFR 1205.21
regarding amendment of records and verification of identity.
Record source categories:
a. Individuals submitting suggestions or nominations for awards
or quality step increases;
b. Supervisors of employees;
c. Evaluators of suggestions or nominations for awards or quality
step increases;
d. Official Personnel Folders; and
e. Staff of the Office of Personnel Management, General
Accounting Office, and other Federal agencies.
MSPB/INTERNAL-5
System name:
Workload and Assignment Tracking System.
System location:
Information Resources Management Division, Merit Systems
Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC
20419
Categories of individuals covered by the system:
a. Individuals who have written to MSPB on official business,
including individuals who have written to the White House and
Congressional offices and whose letters have been referred to MSPB
for response.
b. MSPB employees who have been assigned responsibility for
completing workload tasks of the kind recorded in the system.
Categories of records in the system:
a. Information about the individual writing to MSPB, including
personal information such as individual names, social security
numbers, home addresses, veterans status, race, sex, national origin
and disability status data.
b. Information concerning the nature of the assigned task, the
dates of assignment, required completion and actual completion. The
system may also contain notes and comments pertaining to the
assignment.
Authority for maintenance of the system:
5 U.S.C. 1204, and 1205.
Purpose(s):
These records are used for internal assignment and tracking of
workload and may also be used to monitor assiignments to MSPB
employees.
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:
a. To the General Accounting Office in response to an official
inquiry or investigation;
b. To the Department of Justice for use in litigation 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, where the agency determines that
litigation is likely to affect the agency or any of its components,
is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice is deemed by the
agency to be relevant and necessary to the litigation, provided,
however, that in each case, the agency determines that disclosure of
the records to the Department of Justice 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.
c. 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; or
(2) Any employee of the Board in the employer'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, where the agency determines that
litigation is likely to affect the agency or any of its components,
is a party to litigation or has an interest in such litigation, and
the agency determines that use of such records is relevant and
necessary to the litigation, provided, however, that in each case the
agency determines that the disclosure of the records to the
Department of Justice 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.
d. To the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906; and
e. 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.
Policies and practices for storing, retrieving, accessing,
Retaining And Disposing of records in the system:
Storage:
These records are maintained in electronic form on a Hewlett
Packard mini-computer connected to a local area network and a wide
area network serving all offices of the MSPB.
Retrievability:
These records are retrieved by the names of the individuals on
whom they are maintained, and by automatically assigned control
numbers.
Safeguards:
Access to these records is limited to persons whose official
duties require such access. Automated records are protected from
unauthorized access through password identification procedures and
other system-based protecting methods.
Retention and disposal:
Electronic records in this system may be maintained for a period
of five years, and then transferred to magnetic tape and maintained
indefinitely, or until the Board no longer needs them.
System manager(s) and address:
The Information Resources Management Division, 1120 Vermont
Avenue, NW., Washington, DC 20419.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contact the Clerk of the Board
and must fellow the MSPB Privacy Act regulations at 5 CFR 1205.11
regarding such inquiries.
MSPB/INTERNAL-6
System name:
Security Management Records
System location:
Financial and Administrative Management Division, Merit Systems
Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC
20419.
Categories of individuals covered by the system:
Employees of the MSPB, employees of contractors doing business
with the MSPB, and visitors to MSPB office space.
Categories of records in the system:
The system consists of cardkey access logs containing records of
access of individual employees, contractors and visitors as they move
about MSPB office space using cardkeys issued by the Board.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
These records are used to safeguard MSPB personnel and office
space, and to document incidents where security is breached.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses.
There are no disclosures of this information outside of the MSPB
for purposes other than those for which the information was
collected, including use by Federal, state and local law enforcement
agencies in the event of a violation of law.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are stored in FAMD on a personal computer with standard
password access security.
Retrievability:
Records are retrieved by the names of the individuals on whom
they are maintained, and by automatically assigned control numbers.
Safeguards:
Access to these records is limited to persons whose official
duties require such access. Automated records are protected from
unauthorized access through password identification procedures and
other system-based protection methods.
Retention and disposal:
Records documenting access to office space are retained for 90
days and one month's data will be purged leaving 60-days data on the
computer at any one time. Computer files will be destroyed by
deletion.
System manager(s) and address:
Director, Financial and Administrative Management Division, Merit
Systems Protection Board, 1120 Vermont Avenue, NW, Washington, DC
20419.
Notification procedure:
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. Such requests should be addressed to the Clerk of
the Board, Merit Systems Protection Board, 1120 Vermont Avenue, NW,
Washington, DC 20419. Requests for access to records must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
Individuals requesting amendment of records should write the
Clerk of the Board. Requests must follow the MSPB Privacy Act
regulations at 5 CFR 1205.21.
Record source categories:
The individual to whom the information applies; the records
maintained in the Board's Financial and Administrative Management
Division.
MSPB/INTERNAL-7
System name:
Administrative Data System.
System location:
Information Resources Management Division, Merit Systems
Protection Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC
20419.
Categories of individuals covered by the system:
Employees of the MSPB.
Categories of records in the system:
The system consists of information about employees of the Board,
including: Name, social security number, date of birth, position
title, grade, and series, organizational unit, photograph, work
telephone number, flexiplace telephone number and work schedule for
flexiplace employees. The system will also contain information about
certain personnel requests such as: training requests and
authorization, awards, and leave requests and authorization.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
These records are used by Board officials to prepare requests for
personnel actions and related requests such as training or awards.
The information in this system will also be used by Board officials
to track the status of personnel actions, prepare listings of Board
personnel by organization, position and location, and to contact
flexiplace employees working away from Board offices regarding Board
mission related matters.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
These records and information in these records may be used:
a. To provide information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
b. To disclose information to another Federal agency, to a court,
or a party in litigation before a court, or in an administrative
proceeding being conducted by a Federal agency, either when the
Government is a party to a judicial proceeding or in order to comply
with the issuance of a subpoena.
c. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
d. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigation, prosecution,
enforcement, or implementation of a statute, rule, regulation, or
order, where the Board becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored in a database on a local area network server
with standard password access security.
Retrievability:
These records are retrieved by the names of the individuals or
whom they are maintained.
Safeguards:
Access to these records is limited to persons whose official
duties require such access. Records are protected from unauthorized
access through password identification procedures and other system-
based protection methods.
Retention and disposal:
Records in this system are maintained as long as the individual
is an employee of the Board. Expired records will be destroyed by
deleting.
System manager(s) and address:
Director, Financial and Administrative Management Division, Merit
Systems Protection Board, 1120 Vermont Avenue, NW, Washington, DC
20419.
Notification procedure:
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. Such requests should be addressed to the Clerk of
the Board, Merit Systems Protection Board, 1120 Vermont Avenue, NW,
Washington, DC 20419. Requests for access to records must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
Individuals requesting amendment of records should write the
Clerk of the Board. Requests must follow the MSPB Privacy Act
regulations at 5 CFR 1205.21.
Record source categories:
The individual to whom the information applies; the records
maintained in the Board's Financial and Administrative Management
Division; and records maintained by the U.S. Department of
Agriculture, Animal Plant Health Inspection Service.
MSPB/INTERNAL-8
System name:
Office of Appeals Counsel Case Production Data System.
System location:
Office of Appeals Counsel, Merit systems, Protection Board
(MSPB), 1120 Vermont Avenue, NW, Washington, DC 20419.
Categories of individuals covered by the system:
Employees in the Office of Appeals Counsel, MSPB.
Categories of records in the system:
The system consists of information about employees in the Office
of Appeals Counsel of the Board, including: Name, position title,
grade, and series, organizational unit, work schedule for flexiplace
employees, annual and sick leave usage, and leave taken under the
Family and Medical Leave Act. The system will also contain the number
of cases processed by individual employees, as well as requests for
credit for hours spent performing non-case related work and requests
for additional credit for time-consuming case related work. The
system will also contain the names and docket numbers of certain MSPB
cases.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
These records are used by Board officials to track the case
production of individual employees and provide an effective
management tool in determining assignments, promotions, training and
other personnel actions affecting employees in the office of Appeals
Counsel.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
These records and information in them may be used:
a. To provide information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
b. To disclose information to another Federal agency, to a court,
or a party in litigation before a court, or in an administrative
proceeding being conducted by a Federal agency, either when the
Government is a party to a judicial proceeding or in order to comply
with the issuance of a subpoena.
c. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
d. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigation, prosecution,
enforcement, or implementation of a statute, rule, regulation, or
order, where the Board becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
Policies and practices for storing, retrieving, accessing,
Retaining and Disposing of Records in the System
Storage:
Records are stored in databases on a local area network server
with standard password access security.
Retrievability:
These records are retrieved by the names of the individuals for
whom they are maintained.
Safeguards:
Access to these records is limited to persons whose official
duties require such access. Records are protected from unauthorized
access through password identification procedures and other system-
based protection methods.
Retention and Disposal:
Records in this system are maintained as long as the individual
is an employee of the Board. Expired records will be destroyed by
deleting.
System manager:
Director, Office of Appeals Counsel, Merit Systems Protection
Board, 1120 Vermont Avenue NW., Washington, DC 20419.
Notification procedure:
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 procedure:
Individuals requesting access to their records should contact the
Clerk of the Board. Such requests should be addressed to the Clerk of
the Board, Merit Systems Protection Board, 1120 Vermont Avenue, NW.,
Washington, DC 20419. Requests for access to records must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
Individuals requesting amendment of records should write the
Clerk of the Board. Requests must follow the MSPB Privacy Act
regulations at 5 CFR 1205.21.
Record source categories:
The individual to whom the information applies; the records
maintained in the Board's Office of Appeals Counsel, and records
maintained by the U.S. Department of Agriculture, Animal Plant Health
Inspection Service.
MSPB/INTERNAL-9
System name:
MSPB/INTERNAL-9, Emergency Contact Data Base System.
System location:
Financial and Administrative Management, Merit Systems Protection
Board (MSPB), 1615 M Street, NW., Washington, DC 20419.
Categories of individuals covered by the system:
Employees of MSPB.
Categories of records in the system:
The system consists of information about employees of the Board,
including: Name, organizational unit, work telephone number(s), home
and cellular telephone number(s) and work-at-home schedule for
employees working on flexiplace. It will also have the name, address,
relationship, home and office telephone number(s), home and office
cellular phone number(s), and home and office e-mail address of an
individual(s) to contact in the event of a medical or other emergency
involving the employee or the employee's office.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
These records are used by Board officials to identify individuals
for Board officials to contact in the case of an emergency involving
the employee or the employee's office. The information may also be
used to contact flexiplace employees working away from Board offices
regarding Board mission related matters.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
These records and information in these records may be used:
To locate a person or persons to contact in the event of an
emergency involving the individual and/or the employee's office.
To disclose information to another Federal agency, to a court, or
a party in litigation before a court, or in an administrative
proceeding being conducted by a Federal agency, either when the
Government is a party to a judicial proceeding or in order to comply
with the issuance of a subpoena.
To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigation, prosecution,
enforcement, or implementation of a statute, rule, regulation, or
order, where the Board becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are stored in Lotus Notes Domino Server in the HQ
computer room, with standard password access security, connected to a
local area network and a wide area network serving all offices of the
Board.
Retrievability:
These records are retrieved by the names of the individuals on
whom they are maintained.
Safeguards:
Access to these records is limited to persons whose official
duties require such access. Records are protected from unauthorized
access through password identification procedures and other system-
based protection methods.
Retention and disposal:
Records in this system are maintained as long as the individual
is an employee of the Board. Expired records will be destroyed by
deleting.
System manager(s) and address:
Director, Financial and Administrative Management, Merit Systems
Protection Board, 1615 M Street, NW., Washington, DC 20419.
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. Such requests should be addressed to the Clerk of
the Board, Merit Systems Protection Board, 1615 M St., NW.,
Washington, DC 20419. Requests for access to records must follow the
MSPB Privacy Act regulations at 5 CFR 1205.11.
Contesting record procedures:
MSPB employees may personally amend information in these records
at any time. Individuals wishing to request amendment of their
records under the provisions of the Privacy Act should contact the
system manager. Individuals must furnish the necessary information
for their records to be located, identified and updated.
Record source categories:
Information is provided by the individual who is the subject of
the record.
MSPB/CENTRAL-1
System name: Assignment and Correspondence Tracking System
Records (ACTS).
System location:
Offices of the Merit Systems Protection Board, 1120 Vermont
Avenue NW, Washington, DC 20419.
Categories of individuals covered by the system:
Individuals who have written the MSPB on official business and
whose letters are controlled in order to ensure appropriate and
timely response; individuals who have written the White House or
Congressional offices and whose letters are referred to MSPB for
response.
Categories of records in the system:
This system contains information identifying the correspondent,
subject, date, and disposition of the correspondence.
Authority for maintenance of the system:
5 U.S.C. 1205.
Purpose(s):
These records are used to control correspondence sent to the
Board to ensure appropriate and timely response.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To another Federal agency to whom correspondence is referred
for reply.
b. To the appropriate Federal, state, 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 a civil or criminal law or
regulation.
c. To a congressional office in response to an inquiry from that
congressional office made at the request of that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained on a fixed disc storage system in a
minicomputer and on magnetic tape.
Retrievability:
These records are retrieved by the name of the correspondent or
individual on whose behalf the correspondence is transmitted, the
date and subject of the correspondence, or an assigned control
number.
Safeguards:
Access to and use of these records is limited to persons whose
official duties require such access. Automated records in this system
are maintained in a locked 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:
These records are retained for 1 year on a fixed disc, then
downloaded to magnetic tape and kept for 1 additional year, and then
destroyed by erasure.
System manager(s) and address:
Director, Information Resources Management Division, Office of
Administration, Merit Systems Protection Board, 1120 Vermont Avenue
NW, Washington, DC 20419.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contract 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 and must follow the MSPB Privacy Act regulations
at 5 CFR 1205.11 regarding access to records and verification of
identity.
Contesting record procedures:
Individuals wishing to amend records pertaining to them should
contact the Clerk of the Board and must follow the MSPB Privacy Act
regulations at 5 CFR 1205.21 regarding amendment of records and
verification of identity.
Record source categories:
Information in this system is provided by the individual to whom
the record pertains or by individuals or organizations writing on
behalf of the individuals.
MSPB/CENTRAL-2
System name: General Correspondence Records.
System location:
Office of the Clerk of the Board, Merit Systems Protection Board,
1120 Vermont Avenue NW., Washington, DC 20419 and MSPB regional
offices (see list of regional office addresses in the Appendix).
Categories of individuals covered by the system:
Current and former Federal employees and members of the public
who have written the MSPB seeking information, registering
complaints, or making known their views.
Categories of records in the system:
This system contains the incoming correspondence and copies of
the MSPB reply or referral.
Authority for maintenance of the system:
5 U.S.C. 1205.
Purpose(s):
These records are used to document correspondence with the Board.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To another agency to whom the incoming correspondence is
referred for reply;
b. To the appropriate Federal, state, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
ruel, regulation or order where there is an indication of a violation
or potential violation of a civil or criminal law or regulation; and
c. 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders.
Retrievability:
These records are retrieved by name and date of correspondence.
Safeguards:
These records are maintained in lockable metal filing cabinets.
Access to and use of these records is limited to those persons whose
official duties require such access.
Retention and disposal:
These records are retained for 1 year, then destroyed by
shredding.
System manager(s) and address:
Clerk of the Board, Merit Systems Protection Board, 1120 Vermont
Avenue NW, Washington, DC 20419, and MSPB regional directors (see
list of regional office addresses in the Appendix).
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contract the Clerk of the
Board or the appropriate regional office 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, or the appropriate regional office and must
follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding
such inquiries.
Contesting record procedures:
Individuals wishing to amend records should contact the Clerk of
the Board and must follow the MSPB Privacy Act regulations at 5 CFR
1205.21 regarding amendment of records and verification of identity.
Record source categories:
a. Individual to whom the record pertains:
b. Official documents relating to the correspondence: and
c. Related correspondence from agencies, organizations, or
persons.
MSPB/CENTRAL-3
System name: Freedom of Information Act/Privacy Act Case
Records.
System location:
Office of the Clerk of the Board, Merit Systems Protection Board,
1120 Vermont Avenue NW, Washington, DC 20419 and MSPB regional
officies (see list of regional office addresses in Appendix).
Categories of individuals covered by the system:
This system contains records and related correspondence on
individuals who have filed with the MSPB:
a. Requests for information under the Freedom of Information Act
(5 U.S.C. 552) including requests for review of initial denials of
such requests; and
b. Requests under the Privacy Act (5 U.S.C. 552a) for records
about themselves, including requests for:
(1) Notification of the existence of records about them;
(2) Access to these records:
(3) Amendment of these records;
(4) Review of initial denials of requests for amendment; and
(5) An accounting of disclosure of records about them.
Note: Since these records may contain inquiries and requests
regarding other MSPB systems of records subject to the Privacy Act,
information about individuals from any of these other systems may
become part of this Freedom of Information/Privacy Act Case Records
system.
Categories of records in the system:
This system contains correspondence and other documents related
to requests by individuals to the MSPB for:
a. Information under the Freedom of Information Act (5 U.S.C.
552) including requests for review of initial denials of such
requests; and
b. Information under the Privacy Act (5 U.S.C. 552a) and requests
for review of initial denials of such requests made under the MSPB
Privacy Act regulations including requests for:
(1) Notification of the existence of records;
(2) Access to these records;
(3) Amendment to these records;
(4) Review of initial denials of requests for amendment; and
(5) An accounting of disclosure of records about them.
Authority for maintenance of the system:
5 U.S.C. 552, 552a, 1205.
Purpose(s):
These records are maintained to process requests made under the
Freedom of Information and Privacy Acts. These records are also used
by MSPB to prepare its annual reports to OMB and Congress as required
by the Privacy and Freedom of Information Acts.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as stated in OMB Circular No. A-19;
b. 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;
c. To the Department of Justice when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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 of which the records
were collected; or approval or consultation is required.
d. In any proceeding before a court or other adjudicative body
before which the agency is authorized to appear, when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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.
e. To the National Archives and Records Administration in records
management inspections conducted under the authority of 44 U.S.C.
2904 and 2906;
f. To officials of the Office of Personnel Management, Federal
Labor Relations Authority, and the Equal Employment Opportunity
Commission in conjunction with the preformance of their authorized
duties;
g. To Federal agencies in order to obtain advice and
recommendations concerning matters on which the agency has
specialized experience or particular competence which MSPB may use in
making determinations under the Freedom of Information Act;
h. To any source from which MSPB requests additional information
(to the extent necessary to identify the individual, inform the
source of the purpose of the request, and identify the type of
information requested), where necessary to obtain information
relevant to an MSPB determination concerning a Privacy Act of Freedom
of Information Act request;
i. In response to a request for discovery or for appearance of
witness, if the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding; and
j. To the appropriate Federal, state, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order where MSPB becomes aware of an indication
of a violation or potential violation of a civil or criminal law
regulation.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders.
Retrievability:
These records are retrieved by name of the individual on whom
they are maintained and the date of request.
Safeguards:
These records are maintained in lockable metal filing cabinets.
Access to and use of these records is limited to persons whose
official duties require such access.
Retention and disposal:
Requests under the Freedom of Information Act are maintained for
2 years, then destroyed by shredding. Requests under the Privacy Act
are maintained for 5 years, then destroyed by shredding. Records of
administrative appeals from denials of access to records under the
Freedom of Information Act and denials of requests to amend records
under the Privacy Act are maintained for 6 years, then destroyed by
shredding.
System manager(s) and address:
Clerk of the Board, 1120 Vermont Avenue NW, Washington, DC 20419,
and MSPB regional directors (see list of regional office addresses in
the Appendix).
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contact the Clerk of the Board
or the appropriate MSPB regional office 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 or the appropriate MSPB regional office and must
follow the MSPB Privacy Act regulations at 5 CFR 1205.11 regarding
access to records and verification of identity.
Contesting record procedures:
Individuals wishing to amend records about themselves should
contact the Clerk of the Board or the appropriate MSPB regional
office and must follow the MSPB regulations at 5 CFR 1205.21
regarding amendment of records and verification of identify.
Note.--The amendment provisions for this system are not intended
to permit an individual a second opportunity to request amendment of
a record which was the subject of the initial Privacy Act amendment
request which created the record in the system. That is, after an
individual has requested amendment of a record under the Privacy Act,
that record may become part of this system of Privacy Act/Freedom of
Information Act case records. Thus, an individual may not
subsequently request amendment of that record again simply because a
copy of the record has become part of the second system of Privacy
Act/Freedom of Information Act case records.
Record source categories:
a. The individual who is the subject of the records;
b. MSPB officials who respond to Privacy Act/Freedom of
Information requests;
c. Official personnel documents of MSPB including records from
other MSPB system of records included in this notice;
d. Other sources whom MSPB believes have information pertinent to
an MSPB determination of a Privacy Act or Freedom of Information Act
request; and
e. Other agencies referring the request to MSPB.
MSBP/CENTRAL-4
System name: Litigation and Claims Records.
System location:
Office of the General Counsel, Merit Systems Protection Board
(MSPB), 1120 Vermont Avenue NW, Washington, DC 20419.
Categories of individuals covered by the system:
a. Individuals who file civil actions against MSPB, its
officials, and its employees;
b. Individuals who are parties to actions in which an MSPB final
decision is involved but in which MSPB is not a party to the
proceeding; and
c. Individuals who file claims against MSPB under the Federal
Tort Claims Act.
Categories of records in the system:
This system includes pleadings and documentation of litigation
such as complaints, answers, motions, briefs, orders, and decisions;
claims and supporting documentation submitted under the Federal Tort
Claims Act, together with correspondence and records of final
administrative determinations.
To the extent that records listed here, or portions thereof, are
also maintained in an automated litigation tracking system, those
versions or extracts of the records are considered to be covered by
this system notice.
Authority for maintenance of the system:
5 U.S.C. 1205, 7703; 28 U.S.C. 2672.
Purpose(s):
These records are maintained to defend MSPB against lawsuits; to
settle administrative claims brought against the MSPB; and to provide
records of court proceedings that involve final Board decisions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from these records may be disclosed:
a. To the appropriate Federal, state or local agency responsible
for investigating, prosecuting, enforcing or implementing a statute,
rule, or regulation, or order where the Board becomes aware of a
violation or potential violation of civil or criminal law or
regulation;
b. to any source where necessary to obtain information relevant
to an MSPB decision or action involved in one of the purposes of
maintenance of the system;
c. To a Federal agency, in response to its request in connection
with the hiring or retention of an employee, the issuance of a
security or suitability investigation of an individual, the
classifying of jobs, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to the
requesting agency's decision on the matter;
d. To a congressional office in response to an inquiry made at
the request of the individual from whose record the information is
provided;
e. To the Department of Justice or other agency when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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, provided that the
disclosure of the records is a use of the information contained in
the records that is compatible with the purpose of which the records
were collected; or approval or consultation is required.
f. In a proceeding before a court or adjudicative body before
which the agency is authorized to appear, when:
(1) The agency, or any component thereof; or
(2) Any employee of the agency in the employee's official
capacity; or
(3) Any employee of the agency 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 relevant and
necessary to the litigation, provided that the disclosure of the
records to the tribunal is a use of the information contained in the
records that is compatible with the purpose for which the records
were collected.
g. To the National Archives and Records Administration for
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906;
h. To the insurance carrier of an employee of, or a claimant
against, MSPB under the Federal Tort Claims Act to determine the
proper assignment of any liability;
i. In response to a request for discovery or for appearance of a
witness, if the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding; and
j. To officials of the Office of Personnel Management, Federal
Labor Relations Authority or Equal Employment Opportunity Commission
when requested in connection with the performance of their authorized
duties.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders in lockable metal
filing cabinets and on computer discs and tapes.
Retrievability:
Records are retrieved by various combinations of name, social
security number, or docket control or decision numbers.
Safeguards:
Paper records are located in metal file cabinets or in secured
areas with access limited to persons whose official duties require
such access. Access to computerized records is limited, through the
use of access codes and entry logs, to those persons whose official
duties require such access.
Retention and disposal:
These records are maintained for 6 years after the case is closed
by court action and then destroyed by shredding. Automated data on
individual cases are erased 6 years after the case is closed by court
action.
System manager(s) and address:
General Counsel, Merit Systems Protection Board, 1120 Vermont
Avenue NW, Washington, DC 20419.
Notification procedure:
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 and must follow the MSPB Privacy Act regulations
at 5 CFR 1205.11 regarding such requests.
Contesting record procedures:
Individuals wishing to amend records should contact the Clerk of
the Board and must follow the MSPB Privacy Act regulations at 5 CFR
1205.21 regarding amendment of records.
Record source categories:
a. Individual to whom the record pertains;
b. Agency officials and records;
c. Records of MSPB and Equal Employment Opportunity Commission
administrative proceedings and court documents; and
d. Witnesses.
MSPB/GOVT-1
System name:
Appeals and Case Records.
System location:
Office of the Clerk of the Board and Office of Information
Resources Management, Merit Systems Protection Board (MSPB), 1615 M
Street, NW., Washington, DC 20419, and 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 the Board.
These records also contain individual appellant's names, social
security numbers, home addresses, veteran's status, race, sex,
national origin, and disability status data.
b. This system also includes the Board's Case Processing System
(CPS). The CPS was designed to manage all documents created by the
Board during the processing of a case, as well as documents that are
received electronically from the parties. At the present time, the
CPS includes a Document Assembly System to create documents, a
Document Management System to manage and store documents, and a Case
Management System to record activities in cases, track the location
of case files, and produce statistical reports on cases. When
completely implemented, the CPS will also include an Electronic
Filing and Electronic Publishing System to allow the parties to send
and receive case documents electronically.
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 MSPB.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
a. These records are used to document and adjudicate appeals and
other matters arising under the Board's appellate and original
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:
a. To officials of the Equal Employment Opportunity Commission or
a 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; 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;
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 MSPB research projects
mandated by 5 U.S.C. 1204(a)(3);
m. To officials of the United States Court of Appeals for the
Federal Circuit in connection with the performance of their judicial
functions; or
n. To officials of State or local bar associations or
disciplinary boards or committees when they are investigating
complaints against attorneys in connection with their representation
of a party before the Board.
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 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 Office of Information Resources
Management, Merit Systems Protection Board, 1615 M Street, NW,
Washington, DC 20419, and MSPB regional and field offices (see list
of 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 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. Such requests should be addressed
to the regional director or chief administrative judge (see 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 alteration 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 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, NE, Suite 1050,
Atlanta, Georgia 30308
2. Boston Field Office, Merit Systems Protection Board,
99 Summer Street, Suite 1810, Boston, Massachusetts
02110
3. Central Regional Office, Merit Systems Protection
Board, 230 South Dearborn Street, 31st Floor, Chicago,
Illinois 60604
4. Dallas Field Office, Merit Systems Protection Board,
1100 Commerce Street, Room 620, Dallas, Texas 75242
5. Denver Field Office, Merit Systems Protection Board,
165 South Union Blvd., Suite 318, Lakewood, Colorado
80228
6. New York Field Office, Merit Systems Protection
Board, 26 Federal Plaza, Room 3137-A, New York, New
York 10278
7. Northeastern Regional Office, U.S. Customhouse, Room
501, Second and Chestnut Streets, Philadelphia,
Pennsylvania 19106
8. Western Regional Office, Merit Systems Protection
Board, 250 Montgomery Street, Suite 400, San Francisco,
California 94104
9. Seattle Field Office, Merit Systems Protection
Board, 915 Second Avenue, Room 1840, Seattle,
Washington 98174
10. Washington, DC Regional Office, Merit Systems
Protection Board, 1800 Diagonal Road, Suite 205,
Alexandria, Virginia 22314
MERIT SYSTEMS PROTECTION BOARD
MERIT SYSTEMS PROTECTION BOARD
PART 1205--PRIVACY ACT REGULATIONS
Subpart A--General Provisions
Sec.
1205.1 Purpose.
1205.2 Policy and scope.
1205.3 Definitions.
1205.4 Disclosure of Privacy Act records.
Subpart B--Procedures for Obtaining Records
1205.11 Access to Board records.
1205.12 Time limits and determinations.
1205.13 Identification.
1205.14 Granting access.
1205.15 Denying access.
1205.16 Fees.
Subpart C--Amendment of Records
1205.21 Request for amendment.
1205.22 Action on request.
1205.23 Time limits.
Subpart D--Appeals
1205.31 Submitting appeal.
1205.32 Decision on appeal.
Authority: 5 U.S.C. 552a and 1204.
source:64 FR 51043, Sept. 21, 1999.
Subpart A--General Provisions
Sec. 1205.1 Purpose.
This subpart implements the Privacy Act of 1974, 5 U.S.C. 552a, (``the
Act'') by stating the procedures by which individuals may determine the
existence of, seek access to, and request amendment of Board records
concerning themselves, and by stating the requirements that apply to
Board employees' use and disclosure of those records.
Sec. 1205.2 Policy and scope.
The Board's policy is to apply these regulations to all records that
can be retrieved from a system of records under the Board's control by
using an individual's name or by using a number, symbol, or other way to
identify the individual. These regulations, however, do not govern the
rights of the parties in adversary proceedings before the Board to
obtain discovery from adverse parties; those rights are governed by part
1201 and part 1209 of this chapter. These regulations also are not meant
to allow the alteration, either before or after the Board has issued a
decision on an appeal, of evidence presented during the Board's
adjudication of the appeal.
Sec. 1205.3 Definitions.
The definitions of 5 U.S.C. 552a apply to this part. In addition, as
used in this part:
(a) Inquiry means a request by an individual regarding whether the
Board has a record that refers to that individual.
(b) Request for access means a request by an individual to look at or
copy a record.
(c) Request for amendment means a request by an individual to change
the substance of a particular record by addition, deletion, or other
correction.
(d) Requester means the individual requesting access to or amendment
of a record. The individual may be either the person to whom the
requested record refers, a legal guardian acting on behalf of the
individual, or a representative designated by that individual.
Sec. 1205.4 Disclosure of Privacy Act records.
(a) Except as provided in 5 U.S.C. 552a(b), the Board will not
disclose any personal record information from systems of records it
maintains to any individual other than the individual to whom the record
refers, or to any other agency, without the express written consent of
the individual to whom the record refers, or his or her representative
or attorney.
(b) The Board's staff will take necessary steps, in accordance with
the law and these regulations, to protect the security and integrity of
the records and the personal privacy interests of the subjects of the
records.
Subpart B--Procedures for Obtaining Records
Sec. 1205.11 Access to Board records.
(a) Submission of request. Inquiries or requests for access to records
must be submitted to the appropriate regional or field office of the
Board, or to the Clerk of the Board, U.S. Merit Systems Protection
Board, 1615 M Street, NW., Washington, DC 20419-0001. If the requester
has reason to believe that the records are located in a regional or
field office, the request must be submitted to that office. Requests
submitted to the regional or field office must be addressed to the
Regional Director or Chief Administrative Judge at the appropriate
regional or field office listed in appendix II of 5 CFR part 1201.
(b) Form. Each submission must contain the following information:
(1) The name, address, and telephone number of the individual to whom
the record refers;
(2) The name, address, and telephone number of the individual making
the request if the requester is someone other than the person to whom
the record refers, such as a legal guardian or an attorney, along with
evidence of the relationship. Evidence of the relationship may consist
of an authenticated copy of:
(i) The birth certificate of the minor child, and
(ii) The court document appointing the individual legal guardian, or
(iii) An agreement for representation signed by the individual to whom
the record refers;
(3) Any additional information that may assist the Board in responding
to the request, such as the name of the agency that may have taken an
action against an individual, or the docket number of the individual's
case;
(4) The date of the inquiry or request;
(5) The inquirer's or requester's signature; and
(6) A conspicuous indication, both on the envelope and the letter,
that the inquiry is a ``PRIVACY ACT REQUEST''.
(c) Identification. Each submission must follow the identification
requirements stated in Sec. 1205.13 of this part.
(d) Payment. Records usually will not be released until fees have been
received.
[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
Sec. 1205.12 Time limits and determinations.
(a) Board determinations. The Board will acknowledge the request for
access to records and make a determination on whether to grant it within
20 workdays after it receives the request, except under the unusual
circumstances described below:
(1) When the Board needs to obtain the records from other Board
offices or a Federal Records Center;
(2) When it needs to obtain and examine a large number of records;
(3) When it needs to consult with another agency that has a
substantial interest in the records requested; or
(4) When other extenuating circumstances prevent the Board from
processing the request within the 20-day period.
(b) Time extensions. When unusual circumstances exist, the Board may
extend the time for making a determination on the request for no more
than 10 additional workdays. If it does so, it will notify the requester
of the extension.
(c) Improper request. If a request or an appeal is not properly
labeled, does not contain the necessary identifying information, or is
submitted to the wrong office, the time period for processing the
request will begin when the correct official receives the properly
labeled request and the necessary information.
(c) Determining officials. The Clerk of the Board, a Regional
Director, or a Chief Administrative Judge will make determinations on
requests.
Sec. 1205.13 Identification.
(a) In person. Each requester must present satisfactory proof of
identity. The following items, which are listed in order of the Board's
preference, are acceptable proof of the requester's identity when the
request is made in person:
(1) A document showing the requester's photograph;
(2) A document showing the requester's signature; or
(3) If the items described in paragraphs (a)(1) and (2) of the section
are not available, a signed statement in which the requester asserts his
or her identity and acknowledges understanding that misrepresentation of
identity in order to obtain a record is a misdemeanor and subject to a
fine of up to $5,000 under 5 U.S.C. 552a(i)(3).
(b) By mail. The identification of a requester making a request by
mail must be certified by a notary public or equivalent official or
contain other information to identify the requester. Information could
be the date of birth of the requester and some item of information in
the record that only the requester would be likely to know.
(c) Parents of minors, legal guardians, and representatives. Parents
of minors, legal guardians, and representatives must submit
identification under paragraph (a) or (b) of this section. Additionally,
they must present an authenticated copy of:
(1) The minor's birth certificate, and
(2) The court order of guardianship, or
(3) The agreement of representation, where appropriate.
Sec. 1205.14 Granting access.
(a) The Board may allow a requester to inspect records through either
of the following methods:
(1) It may permit the requester to inspect the records personally
during normal business hours at a Board office or other suitable Federal
facility closer to the requester; or
(2) It may mail copies of the records to the requester.
(b) A requester seeking personal access to records may be accompanied
by another individual of the requester's choice. Under those
circumstances, however, the requester must sign a statement authorizing
the discussion and presentation of the record in the accompanying
individual's presence.
Sec. 1205.15 Denying access.
(a) Basis. In accordance with 5 U.S.C. 552a(k)(2), the Board may deny
access to records that are of an investigatory nature and that are
compiled for law enforcement purposes. Those requests will be denied
only where access to them would otherwise be unavailable under Exemption
(b)(7) of the Freedom of Information Act.
(b) Form. All denials of access under this section will be made in
writing and will notify the requester of the right to judicial review.
Sec. 1205.16 Fees.
(a) No fees will be charged except for making copies of records.
(b) Photocopies of records duplicated by the Board will be subject to
a charge of 20 cents a page.
(c) If the fee to be assessed for any request is less than $100 (the
cost to the Board of processing and collecting the fee), no charge will
be made to the requester.
(d) Fees for copying audio tapes and computer records will be charged
at a rate representing the actual costs to the Board, as shown in
paragraphs (d)(1) through (d)(3) of this section.
(1) Audio tapes will be provided at a charge not to exceed $15 for
each cassette tape.
(2) Computer printouts will be provided at a charge of 10 cents a
page.
(3) Records reproduced on computer tapes, computer diskettes, or other
electronic media, will be provided at the actual cost to the Board.
(e) The Board will provide one copy of the amended parts of any record
it amends free of charge as evidence of the amendment.
Subpart C--Amendment of Records
Sec. 1205.21 Request for amendment.
A request for amendment of a record must be submitted to the Regional
Director or Chief Administrative Judge of the appropriate regional or
field office, or to the Clerk of the Board, U.S. Merit Systems
Protection Board, 1615 M Street, NW, Washington, DC 20419-0001,
depending on which office has custody of the record. The request must be
in writing, must be identified conspicuously on the outside of the
envelope and the letter as a ``PRIVACY ACT REQUEST,'' and must include
the following information:
(a) An identification of the record to be amended;
(b) A description of the amendment requested; and
(c) A statement of the basis for the amendment, along with supporting
documentation, if any.
[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
Sec. 1205.22 Action on request.
(a) Amendment granted. If the Board grants the request for amendment,
it will notify the requester and provide him or her with a copy of the
amendment.
(b) Amendment denied. If the Board denies the request for amendment in
whole or in part, it will provide the requester with a written notice
that includes the following information:
(1) The basis for the denial; and
(2) The procedures for appealing the denial.
Sec. 1205.23 Time limits.
The Clerk of the Board, Regional Director, or Chief Administrative
Judge will acknowledge a request for amendment within 10 workdays of
receipt of the request in the appropriate office except under the
unusual circumstances described in paragraphs (a)(1) through (a)(4) of
Sec. 1205.12 of this part.
Subpart D--Appeals
Sec. 1205.31 Submitting appeal.
(a) A partial or complete denial, by the Clerk of the Board, by the
Regional Director, or by the Chief Administrative Judge, of a request
for amendment may be appealed to the Chairman, Merit Systems Protection
Board, 1615 M Street, NW., Washington, DC 20419-0001 within 10 workdays
from the date of the denial.
(b) Any appeal must be in writing, must be clearly and conspicuously
identified as a Privacy Act appeal on both the envelope and letter, and
must include:
(1) A copy of the original request for amendment of the record;
(2) A copy of the denial; and
(3) A statement of the reasons why the original denial should be
overruled.
[64 FR 51043, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]
Sec. 1205.32 Decision on appeal.
(a) The Chairman will decide the appeal within 30 workdays unless the
Chairman determines that there is good cause for extension of that
deadline. If an appeal is improperly labeled, does not contain the
necessary information, or is submitted to an inappropriate official, the
time period for processing that appeal will begin when the Chairman
receives the appeal and the necessary information.
(b) If the request for amendment of a record is granted on appeal, the
Chairman will direct that the amendment be made. A copy of the amended
record will be provided to the requester.
(c) If the request for amendment of a record is denied, the Chairman
will notify the requester of the denial and will inform the requester
of:
(1) The basis for the denial;
(2) The right to judicial review of the decision under 5 U.S.C.
552a(g)(1)(A); and
(3) The right to file a concise statement with the Board stating the
reasons why the requester disagrees with the denial. This statement will
become a part of the requester's record.