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anon911  
#1 Posted : Wednesday, October 9, 2019 4:33:37 PM(UTC)
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Has anyone ever negotiated a clean record settlement agreement after filing an EEO complaint? How does that work? Are you still required to disclose termination or removes on an OF-306 or other government applictions? If so, what is the point of the clean record?
DroneBee  
#2 Posted : Thursday, October 10, 2019 3:02:07 AM(UTC)

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I thought clean record was a thing of the past: See https://www.whitehouse.g...merit-system-principles/

Sec. 5. Ensuring Integrity of Personnel Files. Agencies shall not agree to erase, remove, alter, or withhold from another agency any information about a civilian employee’s performance or conduct in that employee’s official personnel records, including an employee’s Official Personnel Folder and Employee Performance File, as part of, or as a condition to, resolving a formal or informal complaint by the employee or settling an administrative challenge to an adverse personnel action.
frankgonzalez  
#3 Posted : Thursday, October 10, 2019 4:22:29 AM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
I thought clean record was a thing of the past: See https://www.whitehouse.g...merit-system-principles/

Sec. 5. Ensuring Integrity of Personnel Files. Agencies shall not agree to erase, remove, alter, or withhold from another agency any information about a civilian employee’s performance or conduct in that employee’s official personnel records, including an employee’s Official Personnel Folder and Employee Performance File, as part of, or as a condition to, resolving a formal or informal complaint by the employee or settling an administrative challenge to an adverse personnel action.
The part is bold seems to be the key aspect. Once you get to a hearing (or perhaps district court), it ceases to be an administrative challenge, and so, this EO does not apply. YMMV though.

You should have voted Cthulu...the greatest of all Evils
Small Agency Oversight  
#4 Posted : Sunday, October 13, 2019 2:13:26 PM(UTC)
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My agency’s DOJ attorney felt that District Court was the only way to settle it with a clean record because then it was the US Attorney’s Office defending the case.
DroneBee  
#5 Posted : Monday, October 14, 2019 12:45:31 AM(UTC)

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Originally Posted by: Small Agency Oversight Go to Quoted Post
My agency’s DOJ attorney felt that District Court was the only way to settle it with a clean record because then it was the US Attorney’s Office defending the case.

Yes - agree. You may have to pay ($500 or something) to file in Court. Note that the agency is no longer represented by the agency's attorneys - only the DOJ attorneys represent the government in court. Hopefully the agency was on the level, will settle, and provide you a clean record.

God Bless!

Small Agency Oversight  
#6 Posted : Friday, January 3, 2020 12:10:51 PM(UTC)
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Coming back with a happy ending (knock on wood, settlement is supposed to be done this month). I had to file in federal court (unfortunate as anyone can now find the complaint) but the agency is in fact providing a clean record. They cannot clean the record in administrative proceedings but they can in a lawsuit. Agency was on the level. I am out ~10k (attorney spent nearly this filing in court due to volume of my EEO casefile - I can't begin to guess how much money I saved by doing this myself, special thanks to Frank and others on this board. My legal fees were nearly 40k and agency paid 30k).

However, I received a retroactive promotion and a performance appraisal (agency refused to issue one previously). They also agreed to a neutral/positive employment reference. Hopefully I will be able to return to federal employment in the future (if any agency ever posts a job that's open to external candidates...how are they allowed to limit their applicant pools the way they do?).

I think I could have had a better outcome had I retained a different law firm at the outset. I can't completely fault them since agency counsel was a nutjob and the clean record matter did mess things up. In the end, my attorney got me 10k more than what agency initially offered, so they did deliver some value. It's not the ideal outcome, but it's certainly not the worst and I think this qualifies as a success story. This took two years and would have been settled sooner had my attorney not told me it wasn't worth filing an EEO complaint. Thank god I paid for a second opinion from Tully Rinckley. (Their advice was to file my own EEO complaint...this eventually provided the mechanism for settlement via federal court.)
thanks 1 user thanked Small Agency Oversight for this useful post.
GSBS on 1/4/2020(UTC)
DroneBee  
#7 Posted : Sunday, January 12, 2020 9:16:11 AM(UTC)

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Originally Posted by: Small Agency Oversight Go to Quoted Post
the agency is in fact providing a clean record. ... I am out ~10k (attorney spent nearly this filing in court due to volume of my EEO casefile ... received a retroactive promotion and a performance appraisal (agency refused to issue one previously). They also agreed to a neutral/positive employment reference.


Great! I'm so happy for you!


Originally Posted by: Small Agency Oversight Go to Quoted Post
Hopefully I will be able to return to federal employment in the future (if any agency ever posts a job that's open to external candidates...how are they allowed to limit their applicant pools the way they do?).


I'm sorry that it appears you are unemployed - all the best!


mallen  
#8 Posted : Sunday, January 12, 2020 12:24:15 PM(UTC)

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Do you still work there? We're you removed? Quit? If you left under "adverse conditions" then you still have to list it. At least that's my take. Erasing a record of something happening does not erase the fact that the event happened. So unless the for specifically says you don't have to list it, then you have to list it if it falls under the description of what's asked for. And they are deliberately broad. But if you won a favorable decision again at them, then went to court to get it removed from your personel file, you should be good, because the evidence shows you were not the one in the wrong. At least as far as background checks go, they don't look at sf85 or 86 and go, "he answered yes to question x, so he's out", they investigate each item and send all the facts to an adjudicator. One would expect that the fact that the process was decided in your favor would support your narrative of the events and I doubt anyone would second guess the results.

On the other hand, suppose you don't list it. Then they go talk to your boss, who explains what happens. Perhaps he gives his side, the poor manager, just trying to do his job, and the evil employee ,lazy and incompetant wanting a free ride on the government's dime. Well, now they start out with HIS side of it, and YOU are trying to convince them HES the one who is deceiving them. It's allways better to get ahead of things.

Edited by user Sunday, January 12, 2020 12:34:53 PM(UTC)  | Reason: Not specified

DroneBee  
#9 Posted : Saturday, January 18, 2020 3:34:39 AM(UTC)

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I think Mallen is not correct - a clean record is just that - the issue is expunged and you would only answer what is provided on your corrected SF-50s, etc. When the adjudicator calls, etc., the agency is required by law to provide the neutral/positive response. All is well Small Agency Oversight! You received a win! Congrats!
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