Employee Management Services

Delegation of Authority

PROCEDURES TO FOLLOW FOR DISCIPLINARY
AND PERFORMANCE-BASED ACTIONS

The process to follow for taking disciplinary and performance-based actions will remain the same as in the past, except at Step 6, the Proposing Official will be the first-level supervisor, and at Step 11, the Deciding Official will be the second-level supervisor. Both the first- and second-level supervisors must be classified as “supervisory” to be delegated this authority. However, the Administrator, Deputy Administrators, Area Directors, or the Director, National Agricultural Library (NAL), may delegate this authority further on a case-by-case basis.

1.    Line manager/supervisor identifies a problem requiring disciplinary/remedial action.

2.    Line manager/supervisor contacts the servicing Employee Relations Specialist for advice and guidance.

3.    Employee Relations Specialist provides guidance and requests that the line management official forward the appropriate documentation to the Employee Relations Branch (ERB).

4.    Employee Relations Specialist, in conjunction with the responsible line manager, determines the appropriate action, e.g., proposes a disciplinary or performance-based action according to law, rule, regulation and/policy.

5.    The Employee Relations Specialist drafts the proposal letter for the Proposing Official's signature.

6.    The Proposing Official reviews the case file, determines if the proposal letter is warranted, and signs the letter.

7.    Proposing Official delivers proposal letter to the employee.

8.    Employee has the opportunity to respond to the proposal either in writing and/or orally.

9.    Deciding Official (or designated official) conducts an oral conference, if employee elects to respond orally. (See Enclosure 2 for information on oral conference)

10.    Employee Relations Specialist drafts the decision letter for the Deciding Official's signature, certifying that the ERB has reviewed the facts in the case and determined that the penalty is reasonable and consistent with other similar cases in the Agency.

11.    Deciding Official reviews the case file, determines if the decision is appropriate and in     accordance with Douglas factors (see Enclosure 4) and signs the decision letter.

12.    Deciding Official delivers the decision letter.

13.    Employee may appeal the decision (if suspension for greater than 14 days to removal or demotion) to the Merit Systems Protection Board (MSPB) within 30 days of the effected action or employee may file an Equal Employment  Opportunity (EEO) complaint on any decision. For actions where suspension is 14 days or less, employees may either file a grievance under the Administrative Grievance Procedure (or Negotiated Grievance Procedure) or file an EEO complaint.

14.    The Proposing Official and/or the Deciding Official may be called as a witness at either hearing to justify the action.