Senator rebukes DHS on standard of proof in discipline cases

A senior Republican lawmaker rebuked the Homeland Security Department Tuesday for attempting to lower the threshold of evidence needed to fire or discipline an employee.

"I don't understand why DHS has proposed changes to the evidentiary standard," said Sen. Susan Collins, R-Maine, chairwoman of the Governmental Affairs Committee. Collins made her comments during a speech at the legislative conference of the National Treasury Employees Union, which also opposes the lowered standard of proof.

Citing continued military obligations abroad and the threat of terrorism at home, Congress allowed the Defense Department and Homeland Security to rework their personnel systems. As part of the proposed DHS personnel overhaul, officials intend to lower the standard of proof for disciplinary actions, streamline the appeals process, implement performance pay initiatives and create a more flexible workforce.

Union leaders and some lawmakers say that many of the reforms have little to do with homeland security.

Under the department's judicial system, a "preponderance of evidence" is needed to dismiss or discipline an employee. The proposed regulations would lower that to "substantial evidence." The "preponderance" standard demands that more than half the evidence must point toward an employee's guilt, but the "substantial" standard is not readily defined.

DHS Deputy Secretary James Loy has said the lowered standard of proof is required to ensure efficient homeland security operations.

In her speech Tuesday, Collins also called for an independent appeals board for the department. Sen. George Voinovich, R-Ohio, made a similar appeal during a hearing last week.

"You've got to move that outside the agency to get a guarantee of fairness," Collins said.