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OPM Encourages Leaders to Question Progressive Discipline Model

In a memo to agencies and a guidance posted last week, the Office of Personnel Management is encouraging agencies to step away from progressive penalties and tables of penalties in deciding what disciplinary action to take against employees. The guidance was issued to assist in the implementation of White House Executive Order 13839, which pushed agencies to promote greater accountability in their offices.

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NSA Invites Media to Explore New Cybersecurity Directorate

The National Security Agency (NSA) is known for its secrecy, but last week the agency opened its doors to journalist to provide an inside look at the new Cybersecurity Directorate. Reporters were welcomed into the agency’s Fort Meade, Maryland headquarters for a tour of the operations underway to protect the U.S. against emerging cyber threats.

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TSA Moves Away from Legacy IT Systems

The Transportation Security Administration has announced its intention to better manage data using cloud solutions. In the solicitation request entitled TSA’s Cloud Strategy 2.0, the agency described how they plan to “adopt and integrate cloud based services” to better achieve their mission.

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Air Force Justice Information System Goes Live

The first case from the Air Force security forces has been uploaded to the new Air Force Justice Information System (AFJIS). The system is a step toward modernizing criminal data reporting within the Department of Defense (DoD) and creating more integrated awareness of criminal activities.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: Cadet Service Cannot Help Satisfy Five-Year FERS Service Requirement

A political appointee retired from federal service after almost four years of civilian service, relying on advice from a human resources official that he could “buy back” time spent as a cadet at West Point and credit it towards the five years of civilian service required to qualify for a FERS retirement annuity. When OPM found that he was ineligible for an annuity, he appealed to the Merit Systems Protection Board, which affirmed OPM’s decision. The employee appealed. On October 2, 2019, the United States Court of Appeals for the Federal Circuit affirmed the Board’s decision.

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OPM Issues Agency Memo on Streamlining Performance Management

In a memo issued to agency leadership last week, Office of Personnel Management (OPM) Director Dale Cabaniss provides agencies with a roadmap for streamlining performance management and dismissal policies and procedures. The memo aligns with the President’s Management Agenda (PMA) priorities on “modernizing the federal government and its workforce.”

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CBP Announces Contract Awards for New Border Wall System

Customs and Border Protection (CBP) announced this week three contracts that have been awarded for the construction of 65 miles of new border wall systems across the Rio Grande Valley. The new border fencing will be located across Starr, Hidalgo, and Cameron Counties in Texas.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Second Circuit: Plausible FTCA Claim Made Where Immigration Detainer Was Imposed without Probable Cause

On September 27, 2013, Luis Hernandez, a U.S. citizen, was arrested and charged with public lewdness, a misdemeanor. While he was being processed in the New York City criminal court system, U.S. Department of Homeland Security (DHS) Officer W. Outlaw lodged an immigration detainer against him, incorrectly asserting that Hernandez was the subject of an order of removal. The detainer identified Hernandez as an “alien” named “Luis Enrique Hernandez-Martinez” with a nationality of “Honduras.” The detainer requested the city’s department of corrections maintain custody of Hernandez, and the city complied.

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The Risk Roundtable

Tune in to FEDtalk this week for a discussion on Enterprise Risk Management. The federal government is great at responding to problems, but experts across the federal community have ideas on how to make the government more proactive rather than reactive. Assessing and managing risk is an integral part of this mission.

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The Takedown FEDagent The Takedown FEDagent

Colombian Narcotics Kingpin Sentenced for Bribing Former Special Agent

A Colombian cartel leader was sentenced to 27 months in prison followed by three years of supervised release in the Southern District of Florida for bribing a former special agent with Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) team. The cocaine trafficker, Jose Bayron Piedrahita-Ceballos, bribed the ICE-HSI official to dismiss a drug trafficking indictment against him.

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