Taking the fifth

“The federal workforce should be used efficiently and effectively.”

That’s not only the fifth Merit Principle but also the crux of a lot of the wrangling currently going on in Congress.

According to an explanation laid out this month as part of a nine-month Merit Systems Protection Board information campaign to educate feds on the nine Merit Principles, No. 5 means that "the public has a right to an efficient and effective government which is responsive to their needs as perceived by elected officials."

But the fifth Merit Principle also serves to protect employees. That’s because at the same time, the law also says that an agency may take an adverse action against an employee "only for such cause as will promote the efficiency of the service." MSPB says that every adverse action must be tested against that standard. The agency has to prove its case.

From there, however, it gets awfully complicated, and MSPB offers plenty of examples on its website to illustrate cases in which the fifth principle became a determining factor in board decisions.

MSPB also correctly notes that many bills now queued up in Congress — legislation that focuses on the size and performance of the federal workforce — would make the application of the fifth principle even more critical.

MSPB offers a closer look at No. 5 on its website if you’re interested.