The provisions of this section apply to suspensions for more than 14 days, removals, reductions in grade or pay, furloughs of 30 days or less, or other actions which result in an involuntary separation or reduction in grade or pay when such actions are not based solely on unacceptable performance. ..
a. Among those employees covered by the provisions of this section are: (1) Employees in the competitive service who have completed a probationary or trial period for their current appointment; (2) Employees in the excepted service who are preference eligibles and who have completed 1 year of current continuous employment in the same or similar positions; (3) Employees in the excepted service (other than a preference eligible) who are not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; and, (4) Employees in the excepted service (other than a preference eligible) who have completed 2 years of current continuous service in the same or similar positions under other than a temporary appointment limited to 2 years or less. b. Most adverse actions will be initiated against employees who meet the criteria described in the previous subparagraph. However, 5 CFR 752.401 (c) provides a comprehensive list of all employees covered by the adverse action provisions of this chapter and should be consulted when questions arise concerning employee coverage.
a. Physicians, dentists, nurses, nurse anesthetists, expanded function dental auxiliaries, physician assistants, podiatrists, optometrists, and other health care professionals appointed under 38 U.S.C. 74 (see pt. 11 of this manual). (Note: Employees appointed under 38 U.S.C. 7401(2) and (3) are covered by the provisions of this section.) b. Schedule C employees; c. An individual appointed by the President; and, d. Members of the Senior Executive Service (except as specifically covered by sec. C, par. 15 of this chapter).
The provisions of this section do not apply to the following actions: a. Reduction in force; b. Reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321 (a)(2) if such reduction is to the grade held immediately before becoming such supervisor or manager; c. Reduction in grade or removal based solely on unacceptable performance under Part 432 of OPM regulations; d. Any action taken by the MSPB under the provisions of 5 U.S.C. 1204; e. Action which entities an employee to grade retention under Part 536 of OPM regulations and an action to terminate this entitlement; f. Voluntary action initiated by the employee; g. Action taken or directed by the OPM under Part 731 or Part 754 of their regulations; h. Involuntary retirement because of disability under Part 831 of OPM regulations; i. Termination of an appointment on the expiration date specified as a basic condition of employment at the time the appointment was made. j. Action which terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay, in accordance with Part 335 of OPM regulations. k. Cancellation of a promotion to a position not classified prior to the promotion; l. Placement of an employee serving on an intermittent, part-time, or seasonal basis in a non-duty, non-pay status in accordance with conditions established at the time of appointment; m. Reduction of an employee's rate of pay from a rate which is contrary to law or regulation to a rate which is required or permitted by low or regulation; n. Reduction in rank not accompanied by a reduction in grade; o. Termination of employees during a probationary or trial period; p. Termination
of employees serving under Veterans Readjustment Appointments during the
q. Any other action excluded under Part 752 of OPM regulations.
Suspension of More than 14 Calendar Days. A suspension for more than 14 calendar days is an enforced temporary non-pay status and absence from duty. Such action is given for serious misconduct. It may also be given for continued or repeated acts of misconduct of a less serious nature. b. Reduction in Grade for Disciplinary Reasons. A reduction in grade imposed for disciplinary reasons is proper when such an action would be effective in correcting a situation and thus serve to retain a valuable and trained employee. For example, a reduction in grade may be appropriate when the offense indicates unsuitability for supervisory duties but not for duties of a non-supervisory nature. c. Removal for Disciplinary Reasons. Removal for disciplinary reasons is an involuntary separation taken for serious misconduct or for continued or repeated acts of misconduct of a less serious nature. d. Non-Disciplinary Reasons Resulting in Removal or Reduction in Grade or Pay. An action may be non-disciplinary, but at the same time adverse to the employee. For example, the removal of an employee because of refusal to accompany the activity to a new location is an adverse action even though no disciplinary element is involved. Demotion or separation due to the employee's failure to meet the physical requirements of the position is another example of an adverse action which did not grow out of a disciplinary situation. e. Demotion or Removal Based on Combination of Performance and Non-Performance Related Factors. Adverse actions based on a combination of performance and either misconduct or inability to do the work of the position because of disability, are processed under this chapter, f. Furlough for 30 days or Less. This is a non-disciplinary adverse action taken on the basis of an emergency situation, lack of work or funds, or other non-disciplinary reasons. Furloughs are appropriate Only when motivated by temporary conditions. MP-5, part 1, chapter 351 contains procedures for Identifying employees for furlough and requesting furlough authority.
a. Prior to initiating an adverse action, officials involved in the decision making process should consider the burden of proof which must be met in order to sustain the adverse action on appeal. b. When taking an adverse action against an employee, the agency bears the burden of proof under 5 U.S.C. 7701 (c)(1) on all reasons and issues that form the basis for the adverse action. c. The agency has the burden of proof on the following 3 elements of its decision on all adverse actions taken under 5 U.S.C. 75: (1) Proof of Charges. The agency must prove the factual basis of the misconduct relied on in taking the action by a "preponderance of the evidence." Preponderance of the evidence means that degree of relevant evidence which a reasonable mind, considering the record as a whole, might accept as sufficient evidence to support a conclusion that the reasons for taking action are more likely to be true than not true. This standard of proof is used by the MSPB and arbitrators in deciding appeals and grievances. In proving the charges themselves, it may also be necessary to establish a number of sub-elements. An example would be a case involving charges of absence without leave (AWOL). In such a case, the agency must prove not only that the employee was absent on the date(s) in question, but also that its decision to place the employee in an AWOL status, rather than in an approved leave status, was reasonable. (2) Nexus. Nexus is the element in an adverse action which requires proof of an adequate relationship between the act of misconduct and the efficiency of the service. (3) Appropriateness of Penalty. The agency must establish that the penalty selected is within the tolerable limits of reasonableness (see Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1 98 1), for a discussion of the Board's authority to review penalties, and app. D to this chapter which lists the "Douglas" factors and contains the Table of Offenses and Penalties). The sample decision letter in appendix A, figure 5, contains suggested language regarding the "Douglas" factors which can be used in the adverse action decision notice.
a. 30 days advance written notice, stating the specific reasons for the proposed action, except when invoking the crime provision (see sec. C, par. 14 of this ch.), or for furloughs without pay due to unforeseeable circumstances (see MP-5, pt, 1, ch. 351 for further guidance); b. A reasonable time, but not less than 7 days (or whatever time frame is specified in any applicable labor-management agreement) to answer orally and/or in writing and to furnish affidavits or other documentary evidence in support of the answer; c. Right to be represented by an attorney or other representative; d. Right to review the evidence relied upon to support the proposed action (material which cannot be disclosed to the employee or to his or her representative cannot be used to support the reasons in a notice of proposed adverse action and must not be included in the evidence file). e. A reasonable amount of official time, if otherwise in a duty status, for reviewing the evidence relied upon to support the proposed action, and for preparing and making a written and oral reply. This also applies to the employee's representative if a VA employee. f. A written decision and the specific reasons therefore at the earliest practicable date; g. Right to appeal the action to MSPB or under a negotiated grievance procedure (NGP), if the NGP covers appeals of adverse actions and the employee is a member of the bargaining unit, or to file a discrimination complaint under 29 CFR 1613 of the Equal Employment Opportunity Commission's regulations in those instances where the employee has raised an allegation of discrimination during the advance notice period of the adverse action.
a. Crime Provision. The 30-day advance notice period is not required where there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed. Paragraph 14 of this section contains guidance concerning the crime provision, and the use of indefinite suspensions in conjunction with the crime provision. b. The 30-day advance notice and opportunity to answer are not necessary for furlough without pay due to unforeseeable circumstances, such as sudden breakdown in equipment, acts of God (e.g., flood, tornado, etc,) or sudden emergencies requiring immediate curtailment of activities (see MP-5, pt. 1, ch. 351 for further guidance).
a. Before being released to the employee, the notice of proposed action will be reviewed, by the Human Resources Management Office for compliance with applicable statutes, regulations, labor-management agreements, and VA policy. The Human Resources Management Office will also review the evidence and, if indicated, provide guidance concerning the propriety of the action. b. The advance notice of proposed action must contain the following information (see app. A, fig. 3): (1) The nature of the action proposed (i.e., removal, length of suspension, demotion, etc.); (2) A statement of the specific reasons for the proposed action, including names, dates, places, and other data, sufficient to enable the employee to fully understand the reasons and to afford the employee a fair opportunity to respond to them; (3) A statement that the employee may be represented by an attorney or other representative; (4) A statement that the employee has the right to reply orally or in writing, or both orally and in writing, and to submit affidavits and other documentary evidence in support of the reply; (5) A statement of the amount of time the employee has to submit the reply, or replies. Time limits may vary according to applicable labor-management agreements, but in no event may it be less than 7 days; (6) A statement that if the employee has any questions about the reasons for the proposed adverse action, he or she may contact the official who signed the advance notice or the Human Resources Management Office for further explanation; (7) A statement Identifying the decision official; (8) A statement
that the employee's written reply should be submitted through supervisory
(9) When an employee's past disciplinary record is to be considered as part of the basis for the proposed adverse action, a statement should be included that specifically cites and identifies the previous infractions and penalties, and advises the employee that he or she may reply orally or in writing, or both orally and in writing, with respect to those previous infractions. The statement will also advise the employee that he or she may submit supporting evidence, including affidavits, and may make a statement concerning the consideration to be given to the past record in determining proper action: (a) If cited, the previous disciplinary record will not be set forth as a current reason, but will be stated in a paragraph separate and apart from the current reasons. In order to be cited in the past record paragraph, the disciplinary action must meet the following requirement: 1. The action must have been in writing; 2. The action must be a matter of record; and, 3. The employee must have been given an opportunity to contest the action to a higher authority than the official who imposed it. (Note: Challenges to the post action need not be completed prior to citing the action in the past record paragraph.) (b) Counselings and charges of AWOL without concurrent disciplinary action are not disciplinary actions and may not be included in the post record paragraph. However, counselings may be cited in a separate paragraph and may be considered in determining appropriate action against an employee. If such counselings are cited, the counseling must have been in writing and must be included in the evidence file used to support the proposed action. Any references to letters or memoranda of counseling in the proposal letter must be sufficiently clear so as to enable the employee to comment on the weight to be given to the counseling in determining the final action. (c) Suspensions may not be cited in the past record paragraph unless the suspension has actually been served by the employee. (10) A statement that full and impartial consideration will be given to the employee's reply, if a reply is made; (11) A statement that the employee will be given a written decision as soon as possible after his or her reply has been fully considered or after the expiration of the time allowed for reply, if the employee does not reply; (12) A statement advising the employee of the duty and pay status in which he or she will be carried during the notice period; (13) A statement that if it is decided to take the proposed adverse action, such action will be effective not less than 30 days from the day following the date of receipt of the notice; (14) A statement informing the employee where the evidence relied on to support the reason(s) for the proposed action will be available for the employee's (and/or his or her designated representative's) review. (Generally, the evidence file should be maintained in the Human Resources Management Office.); (15) A statement that: (a) Informs the employee that he or she will be allowed a specific number of hours of official duty time (if otherwise in an active duty status) for reviewing the notice, for preparing a written and/or oral reply, for securing affidavits; and (b) Identifies the person with whom the employee should make arrangements for the use of official time. (The time allowed will depend on the facts and circumstances of each individual case. In most cases, 8 official duty hours may be deemed sufficient. However, for more complex cases, more than 8 hours may be allowed. Since the time spent by the employee in reviewing the evidence and preparing the reply may be spread over several days (i.e., the 7-day reply period), documentation should be made as to how much official duty time is used each day. If the employee requests additional official time beyond what was originally approved, the request may be honored if it is reasonable.)
a. Duty Status. Ordinarily the employee will be retained in a pay and active duty status in his or her position at current grade and salary, during the period pending a decision on a proposed action. b. Detail, Leave or Paid Non-Duty Status. During the advance notice period of a proposed removal, it may be necessary to remove the employee from the worksite. In those instances where it is determined that the employee's continued presence at work during the advance notice period might pose a threat to the employee or others, result in loss of or damage to Government property, or otherwise jeopardize legitimate Government interests, the following alternatives can be considered: (1) Detailing the employee to other duties where he or she is no longer a threat to safety, to the VA's mission, or to Government property; (2) Allowing
the employee to take leave (annual, sick, leave without pay), or carrying
him or
(3) Curtailing the notice period in cases where the agency can invoke 5 CFR Part 752.404(d)(1) (i.e., the "crime provision"); (4) If none of the above alternatives is available, placing the employee in a paid, non-duty status (i.e., authorized absence for timekeeping purposes) during all or part of the advance notice period,. c. Emergency Suspensions. Agencies are not authorized to effect emergency suspensions under the Civil Service Reform Act of 1978,
a. If the employee requests an opportunity to reply orally, the decision official will receive the employee's reply, or will designate a representative to receive it. The representative designated to receive the reply will be an official who has the authority to recommend what final decision should be made. The right to reply orally includes the right to be given reasonable opportunity to make any plea which the employee believes might influence the final decision in his or her case. The employee's oral reply must not be restricted to matters dealing solely with the charges against him or her. The employee must be permitted to plead extenuating circumstances or make any other arguments he or she deems proper. A written summary of the oral reply must be made and placed in the adverse action file. If a designee hears the oral reply, the summary may include a recommendation on the proposed action. b. The employee may reply in writing to the notice, in addition to making an oral reply or instead of an oral reply. c. An employee's failure to reply is not to be considered an admission of the charges. The burden of proof rests with management to support its reasons for the action. d. In making a reply, the employee may allege alcohol or drug abuse or some other disabling medical condition. (1) If the employee alleges that a physical or mental condition or disability is causing the conduct or performance problems, the decision official will allow the employee a reasonable opportunity to supply medical documentation in order to assess the effect of the condition on the employee's performance or conduct. If the documentation is not sufficient or needs clarification, in limited instances a medical examination may be offered or ordered under the provisions of 5 CFR Part 339. This documentation will assist in determining whether the employee has a disability for the purpose of considering reasonable accommodation. If the employee's unacceptable performance or conduct is unrelated to the nature of the disability, the employee is not a qualified employee with a disability and reasonable accommodation need not be considered. (2) Reasonable accommodation will be afforded to the known physical or mental limitations of a qualified employee with a disability unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of the Department. The type of accommodation will be specific to the individual circumstances. In determining whether an accommodation would impose an undue hardship on the operation of the agency, a number of factors should be considered, including but not limited to, the nature and cost of the accommodation, and the impact such accommodation would have on the workload of other employees. (3) When an employee with a disabling medical condition cannot be reasonably accommodated, management may, depending on the circumstances, wish to change its cause for action against the employee prior to making a final decision on the proposed adverse action. For example, if an employee whose removal has been proposed for misconduct, clearly demonstrates through medical evidence that there is a causal relationship between the actions on which the proposed removal is based and his or her medical condition, the notice of proposed removal for reasons of misconduct should be canceled and a new notice of proposed separation for disability issued, based on the medical evidence. (4) For further information relating to medical documentation and medical determinations, see 5 CFR Part 339. For additional information on disability and reasonable accommodation considerations, see 29 CFR 1614.203. (5) When the employee raises a drug or alcohol problem, management will, if appropriate, refer the individual to the Employee Assistance Program. MP-5, part 1, chapter 792, appendix A, and section A, paragraph 8 of this chapter contain guidance on this program. (6) When an employee raises a medical condition during the advance notice period but fails to provide supporting evidence, or to submit medical evidence after being given an opportunity to do so, the decision official will base the final decision on the reasons in the notice of proposed adverse action. This is also true when it is determined by VA medical authorities that, despite medical evidence submitted by the employee, there is no causal relationship between the employee's medical condition and the reasons for the proposed adverse action. (7) In any case where an employee raises a medical condition and is eligible for disability retirement, the employee will be counseled regarding disability retirement application procedures. However, an employee's application need not preclude or delay the final decision on the proposed action.
a. The decision on a proposed action should be made by an official who is in a higher position than the official who proposed the action. In all cases, it is essential that consideration be given to the requirement that the employee be given an opportunity to reply and to have that reply considered before the final decision is made. b. The decision official will give full and impartial consideration to the employee's reply(ies), if any, and all evidence of record. If the decision official sustains one or more reasons in the advance notice, he or she will give consideration to the table of examples of offenses and penalties in appendix D to this chapter in determining the appropriate penalty. The decision official will also carefully consider those issues discussed in paragraph 6 of this section regarding the burden of proof which must be met in order to sustain the adverse action on appeal. c. In arriving at the decision, the decision official must not consider any reasons for action other than the reasons stated in the notice of proposed action. If none of the reasons are sustained, either in whole or in part, no penalty may be imposed, regardless of any past record cited in the notice. d. The penalty may not be more severe than that proposed in the notice of proposed action. e. If the notice of proposed adverse action is determined to be procedurally defective so as to result in harmful error (i.e. error in the application of these procedures which, in the absence or correction of the error, might have caused management to reach a conclusion different than the one reached) or if it is found that additional reasons other than those set forth should be considered or that the appropriate penalty should be more severe than that proposed, the notice of proposed adverse action will be rescinded and a new notice of proposed action issued. The notice will include a new advance notice period and another opportunity to reply orally or in writing, or both orally and in writing. If additional evidence becomes available to further support the charges in the advance notice, but does not necessarily provide a basis to alter the charges or the proposed penalty, the employee will be afforded the opportunity to respond to the new evidence before a final decision is made. f. Officials involved in taking an adverse action against an employee should be aware of the prohibitions against improper "ex parte communications." The MSPB has held that agency officials may communicate with each other during the decision making process. However, it is improper for an interested party (e.g. supervisor, proposing official), to pressure the decision official into making an adverse decision. Such communications are improper, and might support reversal of the action on appeal.
a. The decision letter will be dated and signed by the appropriate decision official and will be delivered to the employee prior to the effective date of the action. b. Before being issued to the employee, the notice will be reviewed by the Human Resources Management Officer for compliance with the procedural requirements of existing statutes, OPM regulations, MSPB decisions, applicable labor-management agreements and VA policies. Any comments the Human Resources Management Office may have concerning the merits of the case and any mitigating factors will be presented to the decision official. c. The letter of decision will contain the following information (app. A, fig. 5): (1) A statement that consideration has been given to all evidence developed, including the employee's reply. A written reply made by a representative in behalf of the employee is considered to be an employee's reply. If the employee replies both orally and in writing, both must be mentioned. The decision official should also make a statement regarding consideration that was given to the "Douglas" factors (see sample letter in app. A, fig. 5, for suggested language). (2) A statement of the decision official's determinations regarding what reasons, If any, in the advance notice were sustained and what reasons, if any, were not sustained. (3) If a record of prior disciplinary actions was cited in the advance notice, a statement that the action takes the past record, as cited in advance notice, into consideration in determining proper action. (4) A statement of the effective date, if the penalty Imposed is a demotion or removal; or the inclusive dates, If the penalty is a suspension. (5) A statement concerning the employee's appeal rights, including the right to file a complaint of discrimination (if appropriate), a grievance under the negotiated grievance procedure (if applicable) or an appeal to the appropriate MSPB Regional Office. Only one of the above options may be elected. An employee shall be deemed to have made an election to raise a matter under one of the procedures when the employee timely files an appeal with the MSPB, files a formal complaint of discrimination (29 CFR 1613.214), or timely files a grievance in writing in accordance with the provisions of the labor-management agreement. (6) The statement in the decision letter concerning appeal rights must include the time limit within which an appeal must be filed with MSPB, and the address of the appropriate MSPB Regional Office. Appeals to MSPB must be filed within 20 days of the effective date of the adverse action. Time limits for filing a grievance will be governed by the applicable negotiated grievance procedure. (7) Indication that a copy of the MSPB regulations and appeal form is attached. (8) A statement
advising the employee that a further explanation of his or her appeal rights
d. Non-preference eligible employees appointed under the authority of Schedule A or Schedule B who have completed 1 year, but less than 2 years, of current continuous service must be advised in the decision letter of the right to appeal an adverse action under the agency administrative appeal procedure (see MP-5, pt. 1, ch. 771). e. It is best to deliver a decision letter to the employee personally and to obtain his or her dated, written acknowledgment of receipt so as to show the date and fact of receipt. If the employee refuses to sign, this should be so noted on the acknowledgment copy. In those instances where the decision letter cannot be personally delivered to the employee, it should be sent by certified mail, return receipt requested, in order to establish that the letter was received. A copy should also be sent to the employee's last known home address of record by regular mail in the event the certified mail is not delivered and/or the employee fails to obtain it from the Postal Service after being notified to do so.
a. The "crime provision" of 5 U,S.C. 7513(b)(1) allows the 30 day advance written notice period of an adverse action to be shortened so that expeditious action may be taken when appropriate. This provision is concerned solely with the duration of the advance notice period and the opportunity to answer. It does not deal with the employee's duty status during the advance notice period or the merits of the action. All other procedures except the full 30 day advance notice period of an adverse action apply. b. In order for this provision to be invoked in connection with an adverse action, there must be reasonable cause to believe that the employee has committed a crime for which a penalty of imprisonment may be imposed (see app. A, fig. 6, for further guidance in this area). c. The crime provision may be used only in conjunction with a proposal to remove or suspend indefinitely. In those situations in which the retention of the employee in an active duty status would be inappropriate, but where management wishes to defer final judgment until completion of judicial proceedings, or where evidence to substantiate a removal is not yet available or usable, an indefinite suspension should be proposed. The prime benefits of the indefinite suspension are the expeditious removal of the employee from the premises with the retained option of either reinstating or removing the employee upon completion of the judicial proceedings or further investigation. Action should be taken to propose the employee's removal as soon as sufficient information is available to support charges against the employee concerning the act(s) of misconduct regardless of any subsequent judicial proceedings. The Regional Counsel should be consulted to assure that there is appropriate coordination with the prosecuting office. d. Conviction may be cause for removal. However, a subsequent acquittal of the employee on appeal could invalidate the cause for action. Thus, the preferred basis for the adverse action is the misconduct which led to the arrest and conviction. If the cause relied upon is the employee's act(s) of misconduct rather than the arrest and conviction, the administrative action by VA will not be affected by subsequent court action on the criminal case. 9. By invoking the crime provision, the 30-day advance notice period may be shortened to whatever is reasonable under the circumstances, but not less than 7 days, to allow the employee to reply orally and/or in writing to a notice of proposed adverse action. If there is a need for Immediate action and it is in the public interest to keep the employee off duty, he or she may be placed in a non-duty status with pay during the advanced notice period of a proposed indefinite suspension or removal, including any period of investigation, To invoke the crime provision and process a removal or indefinite suspension with a curtailed notice period, the following actions should be taken: (1) Notify the employee in writing that he or she is being put immediately in a non-duty status with pay. (2) Give the employee a notice either of proposed indefinite suspension pending further investigation or disposition of the criminal action, or of proposed removal when there is sufficient evidence to warrant removal. The notice will advise the employee of the reasonable period to respond orally and/or in writing (not less than 7 days). (3) issue a decision on the proposed action after the employee has had the stated opportunity to respond orally and/or in writing, and the response has been considered. (4) With the exception of the shortened notice period and any enforced non-duty status, the proposed adverse action and decision notices must conform in all other aspects to the requirements for initiating and taking adverse actions. (5) Any case involving the crime provision should be discussed with the Regional or General Counsel, as appropriate. This will prove helpful in obtaining official information regarding an arrest, the charges, indictment, arraignment, etc., needed to establish justification for use of the crime provision, (6) Sample notices for use in connection with the crime provision may be found in appendix A, figures 6 and 7. ..BACK
TO TOC...........................................
a. Actions Covered (1) The provisions of this paragraph apply only to a removal from the Civil Service or a suspension for more than 14 days, (2) Adverse actions under this paragraph will be based only on misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function, b. Employees covered. The provisions of this paragraph apply to: (1) A career employee who- (a) Has completed the probationary period in the Senior Executive Service (SES); (b) Is not required to serve a probationary period; or (c) Was covered under
adverse action procedures Immediately before appointment to the
(2) A limited term or limited emergency appointee who- (a) Received the limited appointment without a break in service in the some agency as the one in which the employee held a career or career-conditional appointment (or an appointment of equivalent tenure as determined by the Office of Personnel Management) in a permanent civil service position outside the SES; and (b) Was covered under adverse action procedures Immediately before appointment to the SES. c. Procedures (1) Since members of the SES are centralized to the Secretary, adverse actions in the SES will be proposed by an appropriate higher level official. The Secretary reserves the right to decide adverse actions against employees in the SES. (2) All the procedural requirements for adverse actions discussed in this chapter must be met.
a. The Department shall retain all relevant documentation concerning disciplinary suspensions and adverse actions in a separate file and make it available for review by the affected employee or his/her representative. At a minimum, the agency's records shall consist of: (1) A copy of the notice of proposed action. (2) Evidence supporting the action taken including the affidavits of any witnesses. (3) The reply of the employee when it is in writing, and/or a summary of any oral reply. (4) The notice of decision and the reasons therefore. (5) Evidence of the dates the employee received the notice of proposed action and decision. (6) Copies of prior disciplinary and adverse actions (SF 50-B, Notification of Personnel Action, should be used to document any previous suspensions). (7) Copies of relevant timecards if the adverse action was based on absence without leave (AWOL). b. Disciplinary
suspension and adverse action files should be maintained and disposed of
in accordance with the provisions of MP-1, part 11, chapter 21, appendix
B.
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