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
Documents in this category include policy statements, staff manuals and instructions, final opinions and orders, which are available without making a FOIA request. The proactive disclosure of these records allows you to instantly access information which relates to MSPB's day-to-day operations.

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 Data

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.

Report: Pending PFR Data (January 2017-present)

January 31, 2019
December 31, 2018
November 30, 2018
October 31, 2018
September 30, 2018
August 31, 2018
July 31, 2018
June 30, 2018
May 31, 2018

Case Documents

Chen v. Department of Commerce, CH-0752-17-0028-I-1 Initial Decision

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.

Federal Register Notices & Comments Received

79 FR 63031 | 5 CFR Parts 1201 & 1210 | Practices & Procedures | Final Rule (10-22-14)
Comment Received: American Civil Liberties Union (ACLU) of the Nation's Capital (9-18-14)
Comment Received: Passman & Kaplan, PC (9-17-14)
Comment Received: National Employment Lawyers Association (NELA) (9-16-14)
79 FR 49423 | Corrections | 5 CFR Parts 1201 & 1210 | Practices and Procedures | Appeal of Removal or Transfer of SES Employees (8-21-14)
79 FR 48941 | 5 CFR Parts 1201 & 1210 | Practices & Procedures | Appeal of Removal or Transfer of SES Employees (8-19-14)

Case Documents

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)

Other Documents

Report to Congress Pursuant to Section 707 of the Veterans Access, Choice, and Accountability Act of 2014 (8/21/2014)
Letter to the President on VA-SES Legislation (8/1/2014)

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 2016 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)
Assessment and Recommendations Prepared for: Merit Systems Protection Board (Kelyn Professional Services)


MSPB FY17 FOIA Log Quarter 1
MSPB FY17 FOIA Log Quarter 2
MSPB FY17 FOIA Log Quarter 3
MSPB FY17 FOIA Log Quarter 4

FOIA Resources

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