Checklist for Decisions Under 5 Code of Federal Regulations (CFR) Part 432
Questions
- Does the decision memorandum clearly identify which of the specific instances
of unacceptable performance and associated critical element(s), identified
in the proposal, were sustained or not sustained and relied upon to support
the decision?
(Note: Instances of unacceptable performance not included in the proposal memorandum should not appear in the decision.) - Does the decision indicate whether or not the employee replied orally and/or in writing?
- Does the decision discuss the pertinent issues raised in the employee's reply?
- If medical issues are raised in an employee's reply, has the employee been
afforded an opportunity to submit medical documentation, and was that documentation
given adequate consideration? (See the discussion of reasonable accommodation
in the Proposal Checklist.)
(Note: If the employee has the requisite years of service under the Civil Service Retirement System or the Federal Employees Retirement System and has raised medical issues, the employee should be provided information concerning disability retirement.) - Has the decision been made within 30 days after expiration of the advance notice period?
- Has the concurring official reviewed the memoranda of proposal and decision, all supporting documentation, and the employee's reply(s) and determined that the action is reasonable and adequately supported by the record? If so, that official should sign, indicating concurrence, on the decision memorandum.
- Has the IC adhered to: all pertinent collective bargaining agreement provisions; delegations of authority; and IC/NIH policies and procedures?
- Have all appropriate grievance/appeal/complaint rights been communicated
to the employee?
(Note: the employee should be advised of the correct time frames and of where the grievance/appeal/complaint should be filed. If the action is appealable to the U.S. Merit Systems Protection Board (MSPB), a copy of the MSPB regulations and appeal form should be included. Employees should be advised of their option to appeal to the MSPB, or, if applicable, to file a grievance under the provisions of their negotiated grievance procedure and of the consequences of so doing. Employees should also be advised of their option to file a grievance/appeal or to pursue an EEO complaint.) - Did the employee receive the decision memorandum at or before the time the
action was effected, and were appropriate means of delivery utilized?
(Note: The employee should sign acknowledging receipt. If the employee refuses to do so, a witness to the delivery should sign acknowledging the employee's receipt. If the notice must be mailed, it should be mailed both regular U.S. mail with a "Certificate of Mailing" and Certified Return Receipt Requested. The method of mailing should be documented and any acknowledgment of receipt and a copy of the "Certificate of Mailing" should be retained in the case file.) - Is the case file complete, containing a copy of the employee's performance plan; PIP; proposal and supporting documentation; written reply and/or oral reply summary; decision notice; and a copy of the SF-50 effecting the action?
