Reading Room Document

Whether the Special Counsel for the Merit Systems Protection Board May Be Protected by Statute From Removal by the President Except for Specific Cause

This document is a memorandum opinion regarding the removal power of the Special Counsel of the Merit Systems Protection Board under the proposed Civil Service Reform Act of 1978. The conclusion reached is that the Congress may not properly limit the grounds for removal of the Special Counsel by the President, as the Special Counsel's functions are considered executive in character. The document presents questions for review regarding the authority of Congress to delimit the President's power to remove an official, the independence of the Special Counsel from the quasi-judicial process, and the executive nature of the Special Counsel's functions.

May 26, 1978