[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65206-65208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26241]
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MERIT SYSTEMS PROTECTION BOARD
Privacy Act of 1974; Amendment of Privacy Act System of Records
AGENCY: Merit Systems Protection Board.
ACTION: Notice of amendment to system of records.
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SUMMARY: The Merit Systems Protection Board (MSPB) is issuing public
notice of its intent to amend a Government-wide system of records that
it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a). MSPB/
GOVT-1, ``Appeals and Case Records,'' is being amended to reflect that
its location is in the Office of the Clerk of the Board.
Also, the purpose(s) under the authority for maintenance of the
system was amended to reflect that these records may be used to
document and adjudicate appeals and other matters arising under the
Board's appellate and original jurisdiction; locate appeal documents
and files, physical or electronic; provide statistical data for
reports, staff productivity, and other management functions; and
provide information to support other statutory functions of the Board,
such as studies of the civil service under 5 U.S.C. 1204(a)(3), and
review of regulations of the Office of Personnel Management (OPM) under
5 U.S.C. 1204(f), and reporting under 5 U.S.C. 1206. The MSPB is also
adding a routine use: release to the public, including via the agency's
Web site following issuance of a decision.
MSPB/GOVT-1
System name:
Appeals and Case Records.
System location:
Office of the Clerk of the Board, Merit Systems Protection Board
(MSPB), Suite 500, 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 Office of Special
Counsel (OSC) or another 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 OSC and have had an appeal 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
may also contain individual appellants' names, social security numbers,
home addresses, veterans' 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; a case management
system to record activities in cases, track the location of case files,
and produce statistical reports on cases; and 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):
These records may be used to:
a. Document and adjudicate appeals and other matters arising under
the Board's appellate and original jurisdiction;
b. Locate appeal documents and files, whether physical or
electronic;
c. Provide statistical data for reports, staff productivity, and
other management functions; and
d. Provide information to support other statutory functions of the
Board, such as studies of the civil service under 5 U.S.C. 1204(a)(3),
review of regulations of the Office of Personnel Management under 5
U.S.C. 1204(f), and reporting under 5 U.S.C. 1206.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information from the record may be disclosed:
a. To officials of the Equal Employment Opportunity Commission
(EEOC) 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 (OPM), the
Federal Labor Relations Authority (FLRA), EEOC, and OSC in connection
with the performance of their authorized duties;
c. To the Government Accountability Office (GAO) 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 (OMB) 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 (DOJ) 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 (DOJ) has agreed to represent the
employee; or
(4) The United States is a party to litigation or has an interest
in such
[[Page 65207]]
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 DOJ 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 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;
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; and
o. To the public, including to the agency's Web site following
issuance of a decision.
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 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, Merit Systems Protection Board, Suite 500,
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 part 1205
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 part
1205.
Contesting record procedures:
Individuals requesting amendment should write to 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 part 1205.
These provisions for amendment of the record are not intended to
permit the alteration of evidence presented in the course of
adjudication before MSPB either before or after 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 MSPB, OPM, EEOC, OSC; and
d. Other individuals or organizations from whom 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. Central Regional Office, Merit Systems Protection Board, 230
South Dearborn Street, 31st Floor, Chicago, Illinois 60604.
3. Dallas Regional Office, Merit Systems Protection Board, 1100
Commerce Street, Room 620, Dallas, Texas 75242.
4. Denver Field Office, Merit Systems Protection Board, 165
South Union Blvd., Suite 318, Lakewood, Colorado 80228.
5. New York Field Office, Merit Systems Protection Board, 26
Federal Plaza, Room 3137-A, New York, New York 10278.
6. Northeastern Regional Office, Merit Systems Protection Board,
1601 Market Street, Suite 1700, Philadelphia, Pennsylvania 19103.
7. Western Regional Office, Merit Systems Protection Board, 201
Mission Street, Suite 2310, San Francisco, California 94105.
8. Washington, DC Regional Office, Merit Systems Protection
Board, 1800 Diagonal Road, Suite 205, Alexandria, VA 22314.
DATES: Comments on this amendment must be received by the Clerk of the
Board on or before November 26, 2012. (The Privacy Act, at 5 U.S.C.
552a(e)(11), requires that the public be provided a 30-day period in
which to comment on an agency's intended use of information in a system
of records.
[[Page 65208]]
Appendix I to Office of Management and Budget (OMB) Circular A-130
requires an additional 10-day period--for a total of 40 days--in which
to make such comments). The amended system of records will be
effective, as proposed, at the end of the comment period unless the
Board determines, upon review of the comments received, that changes
should be made. In that event, the Board will publish a revised notice
in the Federal Register.
ADDRESSES: Submit comments to William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, Suite 500, 1615 M St., NW., Washington,
DC 20419. Comments may be submitted by regular mail to this address, by
facsimile to (202) 653-7130, or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: William Spencer, Clerk of the Board,
at (202) 653-7200.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2012-26241 Filed 10-24-12; 8:45 am]
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