The incoming acting IRS Commissioner, Daniel Werfel, could try to clean house — but he’d have to be prepared for a lengthy appeals process.
Under federal rules, a fired government worker has the right to appeal to the Merit Systems Protection Board. He or she can challenge the decision, argue that their actions don’t meet the threshold for termination and ask to be reinstated — especially if there was no warning of trouble in past performance reviews.
The board is set up so fired employees appealing their termination get two chances to prove they should stay. Their first stop is at the merit board’s regional level, which — for the Cincinnati-based IRS employees in question — would be in Chicago.
The initial appeals take an average of 93 days to process, said William Spencer, a spokesman for the board.
If the regional board rules against the IRS employees, they could appeal to the national Washington, D.C.-based board, which takes on average another 245 days.
The IRS employees wouldn’t collect a paycheck during the appeals process. They would get back pay only if they are ultimately reinstated.
Lois Lerner who plead the 5th today during her appearance before Congress needs to go. If this isn’t a good example of why we shouldn’t have public-employee unions who are funded by taxpayer money I don’t know what is. This just confirms my believe that public-sector unions are anathema. Especially in light of the IRS Union chief stonewalling on her conservations with President Obama and the evidence that shows that while the IRS may be an independent agency – the union most certainly is not.
This isn’t limited to low-level employees however, and those involved may not just have to worry about their jobs. It looks like a special prosecutor being assigned is inevitable. When you consider the Administration has had collective amnesia, and the IRS still has not complied with Congress’ demand for all communications with the White House concerning the targeting of conservatives.