MSPB’s e-FOIA Reading Room

The Freedom of Information Act, commonly known as the FOIA, requires Federal agencies to make four types of records affirmatively available for "public inspection and copying."

Pursuant to 5 U.S.C. § 552(a)(2), the materials which are to be maintained in a reading room include: (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency, and are not published in the Federal Register; (C) administrative staff manuals and instructions to staff that affect a member of the public; and (D) records disclosed in response to a FOIA request that, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records, or that have been requested 3 or more times.

The Merit Systems Protection Board (MSPB) satisfies these requirements by providing members of the public with an electronic Reading Room. The Electronic FOIA Amendments of 1996, Public Law 104-231, 5 U.S.C. § 552, require any reading room materials created after November 1, 1996 to be placed online.

Operational Documents

Policy on Prohibited Conduct (updated 5/2/2024)
          Policy on Prohibited Conduct (January 2020; superseded by May 2024 update)
          Policy on Prohibited Conduct Ratification (2/3/2024; superseded by May 2024 update)
Administrative Judges (AJs) Ratification Order (3/4/2022)
Loaned Administrative Law Judges (ALJs) Ratification Order (3/4/2022)
Procedures for Email Exceptions Due to COVID-19
Board Decisions
MSPB Rules and Regulations
AJ Handbook
Appeal Forms
Mediation Appeals Program
Appellant Q&A
Organization Functions & Delegations of Authority
Agency Plans and Reports
MSPB Organizational Chart
Federal Register Notices

Adjudicatory Records and Case Processing Information

Documents in this category include case documents, reports, and data related to MSPB’s adjudicatory mission. Please note that pending data may fluctuate from month -to -month due to processing anomalies, PFR withdrawals, or other case processing activities. End- of- year data and summaries about the Board’s activities and adjudicatory function can be found in MSPB’s Annual Reports.

Case Documents

Michael Fitzpatrick v. Dept. of Commerce, DC-1221-21-0423-W-1 Initial Decision (5/5/2023)
Michael Fitzpatrick v. Dept. of Commerce, DC-1221-21-0423-W-1 Hearing Transcripts (5/11-12, 24/2022)
Maclean v. Department of Homeland Security, DC-1221-20-0235-W-2 Initial Decision (2/7/2023)
Chen v. Department of Commerce, CH-0752-17-0028-I-1 Initial Decision (4/23/2018)
Linda Weiss v. DVA (2/16/2016)
Linda Weiss v. DVA (2/5/2016)
Diana Rubens v. DVA (2/1/2016)
Kimberly Graves v. DVA (1/27/2016)
Kimberly Graves v. DVA (12/3/2015)
Diana Rubens v. DVA (12/2/2015)
Mario DeSanctis v. DVA (9/11/2015)
Japhet Rivera v. DVA (6/9/2015)
Sharon Helman v. DVA (12/22/2014)
Therese Wolf v. DVA (12/5/2014)
James Talton v. DVA (11/19/2014)

VA SES Appeals: 2014-2016

Documents in this category include Federal Register notices, comments, case documents, and other agency records related to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs pursuant to the Veterans’ Access to Care through Choice, Accountability and Transparency Act of 2014, Public Law (P.L.) 113-146. The 2014 Act was later amended by the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, P.L. 115-41.

Amicus Briefs

89 FR 28816| Notice of Opportunity to Submit Amicus Briefs in Mary Reese v. Department of the Navy (4/19/2024)
        Amicus Brief of Pere Jarboe (5/20/24)
        Amicus Brief of the American Federation of Government Employees (5/20/24)
        Amicus Brief of the National Employment Lawyers Association and
        the Metropolitan Washington Employment Lawyers Association (5/19/24)
        Amicus Brief of the Office of Special Counsel (5/14/24)
        Amicus Brief of Martin Akerman (5/12/24)

Federal Register Notices & Comments Received

Other Documents

Other FOIA-Processed Documents

Documents in this category have been disclosed, in full or with redactions, pursuant to the FOIA. In addition to posting “frequently requested records,” or those which have been released three or more times to FOIA requesters, MSPB also posts other FOIA-processed documents which are likely to be of interest to the public.

MSPB Merit Principles Survey Data

IT-related Records

Final Report - U.S. Merit Systems Protection Board (MSPB) IT Assessment Project (Cask, LLC)
VMware Desktop Virtualization Health Check Services: Health Check Report for MSPB (VMware Professional Services)

FOIA Logs FY20

FOIA Logs FY19

FOIA Logs FY18

FOIA Logs FY17

FOIA Resources

MSPB FOIA Reports
Text of the FOIA (5 U.S.C. § 552)
DOJ's Office of Information Policy
FOIA.gov
Office of Government Information Services (OGIS)