Employee Management Services

Delegation of Authority

SUBJECT:    Delegation of Authority For Taking
        Disciplinary/Performance-Based Actions

TO:    All ARS Managers and Supervisors

FROM:    James H. Bradley /s/
        Director, Human Resources Division

Historically, most departments and agencies in the Federal Government, including the Agricultural Research Service, centralized their authority to take disciplinary and/or performance-based actions in a headquarters office, specifically the Human Resources Division, Employee Relations Branch.

The Civil Service Reform Act of 1978 empowered line managers and supervisors with more decision-making authority and subsequent accountability. Most departments and agencies have delegated the authority to take disciplinary and performance-based actions to line mangers and supervisors, with the personnel office serving in an advisory role. Both the National Performance Review and the Blair House Papers supported and encouraged the delegations of authority to the lowest possible levels, preferably as close to the front lines as possible.

Effective immediately, Dr. Horn is delegating the authority to first- and second-level supervisors (classified as “supervisory”) as follows:

First-level supervisor:

- proposes disciplinary and performance-based actions

- issues Official Reprimands

Second-level supervisor:

- issues final decision on disciplinary and performance-based actions

The Administrator, Deputy Administrators, Area Directors, or the Director, National Agricultural Library, may delegate this authority further on a case-by-case basis.

The effect of this change in delegation is that line management will have the responsibility and signatory authority to propose and decide disciplinary or performance-based actions and will have accountability for those decisions before a third party. The process for taking these actions will remain the same. The degree to which the Employee Relations Specialist provides advice, counsel, and drafts documents will not change. The Employee Relations Specialist will continue to serve as the Agency Representative before the Merit Systems Protection Board.

Enclosed are:

1. procedures to follow for disciplinary and performance-based actions;

2. procedures for the Deciding Official to conduct an oral conference;

3. communication policy between the Deciding Official and others; and

4. Douglas Factors to consider in making a final decision.

If you have any questions concerning this delegation, please call your servicing Employee Relations Specialist, or Diane Bennett, Senior Employee Relations Specialist, on
301-504-1501.