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Understanding the Mandatory Removal Offense [Administrative Personnel]
Definition & Meaning
A mandatory removal offense (MRO) refers to a specific type of misconduct that the Secretary of the Department of Homeland Security identifies as having a significant negative impact on the agency's mission to ensure homeland security. This determination is made solely at the Secretary's discretion and is not subject to review.
Table of content
Legal Use & context
The term "mandatory removal offense" is primarily used within the context of administrative law, particularly in relation to personnel actions within the Department of Homeland Security (DHS). It is relevant in cases involving disciplinary actions against employees who have committed serious violations that threaten national security. Users may find legal templates and forms useful for navigating related administrative procedures through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee at the DHS is found to have leaked sensitive information that could jeopardize national security. This could be classified as a mandatory removal offense.
Example 2: An employee is convicted of a serious crime that undermines their ability to perform their duties in a manner that protects homeland security (hypothetical example).
Relevant laws & statutes
The concept of mandatory removal offenses is outlined in Title 5 of the Code of Federal Regulations, specifically in 5 CFR 9701.603. This regulation governs the Department of Homeland Security's human resources management system.
Comparison with related terms
Term
Definition
Key Differences
Mandatory Removal Offense
A serious offense leading to automatic termination as determined by the Secretary of DHS.
Discretionary and unreviewable decision by the Secretary.
Adverse Action
Any action taken against an employee that negatively affects their employment status.
Adverse actions can be reviewed and may not necessarily lead to removal.
Common misunderstandings
What to do if this term applies to you
If you believe you are facing a mandatory removal offense, it is crucial to understand your rights and the procedures involved. Consider consulting with a legal professional who specializes in administrative law. Additionally, you can explore US Legal Forms for templates that may assist you in managing your situation effectively.
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