13-10 Procedural Rights of Preference Eligible Employees Regarding Adverse Actions

'IVIAOP PART 1 SECTION 13 , Page 11 of 23
ALL INFORfATIOk CDETAINED'
T.LASSIFIED
(b) Part B, Items 1, 2, 3, and 22
DATE 1 2 -07-2009 BY 55179 DM-I/xis
**EffDte: 04/21/1994 MCRT#: 226 Div: OP Cav: SecCls:
13-10 PROCEDURAL RIGHTS OF PREFERENCE ELIGIBLE EMPLOYEES REGARDING
ADVERSE ACTIONS (See.MAOP, Part 1, 1-290-30.3, 3-6.1, 8-1.11,8-1.12:2, 10-6, 10-7, 13-11(2), 13-13,
14-4.1 & 14-4.2.)
(1) A ''preference eligible" employee who has completed one
year of current continuous service in the same or similar positions
within an agency may have certain rights when an adverse action is
• proposed or taken against the employee. For the purposes of this -
manual, an "adverse action" involves removal, suspension for more
. than 14 days, reduction in grade or pay, or a furlough of 30 days or
less. Such an action may only be taken for such cause as will promote
the efficiency of the service. (See Title 5, United States Code (USC),
Sections 7511-7513.) (See MAOP, Part 1, 21-1.)
(2) As a general matter, a preference eligible employee includes
an honorably discharged veteran who served on , active duty during a
war or in a campaign or expedition for which a campaign badge has
been authorized; during the period beginning on April 28, 1952 and,
ending on July 1, 1955; or for at least 180 days during a period"
occurring after January 31, 1955 and before October 15, 1976 (with
exceptions applying to the National Guard and the Reserves). The term
also includes certain disabled veterans. In addition, under certain limited
circumstances "preference eligible" can include an unmarried
"widow/widower of a veteran, the spouse -of a "diabled veteran, or the
mother ota deceased or disabled veteran. It does not include members
of the FBI-DEA Senior Executive Service. (See Title 5, USC, Section 2108.)
• (3) With respect to adverse actions, the procedural rightS of a
preference eligible employee who has completed one year of current
continuous service are set forth at Title 5, USC,'Section 7513. These
rights include: (a) at least 30 days' advance written notice stating the:
specific reasons for the proposed action, unless there is a reasonable
cause to believe the employee has committed a crime for which a
sentence of imprisonment may be imposed; (b) a reasonable time of
not less than seven days to answer orally and in writing and to furnish
affidavits and other documentary evidence; (c) the right to be
represented by an attorney or other representative; (d) a written
decision which includes the specific reasons for the agency action;
(e) the right to appeal the adverse action to the Merit:Systems Protection
Board (MSPS); and, (f) the right to inspect documents which the agency
relied upon in arriving at its decision. As a general matter, appeals to the
MSPB by preference eligible employees are to be filed within 30 days
after the effective date of the adverse action.
(4) During the period of advance written notice, the employee may
be retained on active duty, be placed on administrative leave, be placed
on annual leave. or leave without pay with the employee's consent, or be
suspended without pay if the suspension does not exceed 14 days_ in length.
(5) Like nonpreference eligible employees, a preference
eligible employee who has completed his/her one-year probationary
period,.(see MAOP, Part 1, Section 21) may appeal an adverse action to
'the Assistant Director,jAdministrative ServicesIDivision, FBIHQ..
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(6) Any necessary notices to preference eligible employees will be
handled by FBIHQ.
(7) Upon receiving an employee's reply to the notice of proposed
disciplinary action, FBIHQ will consider the reply and advise the employee
in writing of the final decision.
(8) A nonpreference eligible employee in an "excepted . service"
agency such as the FBI is not LEGALLY entitled to the same procedural "
rights afforded to a preference eligible employee in adverse,action cases.
**EffDte: 05/31/2002 MCRT#: 1207 Div: OP Cav: SecCls:
1113-111USE OF AN INDEFINITE SUSPENSION IN PERSONNEL MATTERS (See MAOP, Part
1, 1-29.)
(1) Indefinite suspensions are,defined by the FBI as the
placing of an employee in a temporary status without duties and pay
pending investigation, inquiry, or further agency action. The .,
indefinite suspension continues for an indeterminate period of time
and ends with the occurrence of the pending conditions set forth in
the notice of action which may include the completion of any
subsequent administrative action. -An indefinite suspension may be '
. : imposed when it is determined that an employee's continued presence in
the workplace will be injurious to the employee, to co-workers or the
1public, to the FBI's operations, or to national security interests
'pending additional investigation into the underlying conduct of the
'employee. Members of the FBI's Senior Executive Service (SES) are not
Hoovered by this policy. Rather, indefinite suspensions -involving - •-•
members of the FBI's SES are governed by the adverse action provisions
set forth in the FBI's SES policy.
(2)An indefinite suspension for more than 14 days is
considered an adverse action under 5 CFR, 752.401(a)(2). Preference
eligible employees are, .therefore, afforded statutory entitlements
which are set forth in Title 5, USG, Section 7513 and MAOP, Part 1,
13-10.
(3)Bee MAOP, Part 1,-1-29 for further information
concerning the use of an indefinite suspension in matters -involving
revocation of•a security clearance.'
"EffDte: 12/01/1994 MCRT#: 353 Div: 00Cav: SecCls:
113 -11.1 Use of an Indefinite Suspension in Matters Involving Criminal Conduct
(1) Each incident involving suspected criminal conduct
will be considered from the viewpoint of whether the employee's
continued:presence in theworkplace is detrimental to the FBI in
accomplishing its mission. Each incident involving suspected criminal
conduct will be analyzed by the Personnel Officer, FBI, on a case-bycase
basis. In some situations involving a misdemeanor, such as some
vehicular offenses, the continued presence of the employee in the
workplace may not be detrimental and, therefore, indefinite suspension
as an administrative action would not be appropriate. Certain •
criminal conduct such as fraud against the government may form the
basis for an indefinite suspension. These examples are not intended
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Ito limit the use of an indefinite suspension in matters involving
'Criminal conduct.
(2) Preference eligible employees (e.g.,. certain •
'veterans) may appeal indefinite suspensions to the Merit Systems
'Protection Board (MSPB). The MSPB has stated that an agency may take .
'Ian action to indefinitely suspend an employee if it has reasonable
'cause to believe that a crime has been committed for which a sentence
lof imprisonment may be imposed. The reasonable cause may be •
'established, for example, by an indictment or through a judicial
'determination of probable cause. The arrest of an employee may not be
'sufficient to establish reasonable cause as required by the MSPB
'absent additional facts to justify the suspension. Nonpreference
'eligible FBI employees do not have the right to appeal an indefinite
'suspension to the MSPB.'
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
1113 -11.2 Final Authority for Approval of Indefinite Suspensions
All indefinite suspensions will be reviewed and approved
Iby the Personnel Officer, FBI, Personnel Division, FBIHQ.I .
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
1113-11.3 Removal From Indefinite Suspension
. .
- An indefinite suspension will be terminated upon
• 'completion of the FBI's inquiry and decision concerning the status of
"'the employee (i.e., a decision to fully or partially allow the
'employee to return to the work. place orto terminate employment with'
Ithe FBI).'
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
1113-11.4 Back Pay Matters
An employee is NOT entitled to back pay for the period of
' Ithe suspension.'
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
11113-121 RESIGNATION TENDERED DURING PERSONNEL ACTION INQUIRYI(FORMERLY
13-11) (See MAOP, Part 1, 17-1.1.)'
(1), It may be that an employee would ratheF.sdbmit his/her--
resignation than se the inquiry continue and face posible charges.
.Division heads, SACs and other supervisory employees may, upon
conclusion of their findings, discuss with the employee what the
intended recommendation to FBIHQ will be with respect to
• administrative action, being careful to point out at the same time that
any formal action or charges will be made at FBIHQ. Accordingly, it
is permissible to discuss the possibility of resignation with the employee.
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Duress, deception, intimidation or anything similar will not be tolerated.
and must not be used to influence employee's decision nor may .
employee be denied adequate time, if requested, to make a decision .
between resigning or seeing the inquiry continued. Employee should
be advised of the Bureau's procedures for employee discipline and
that these procedures allow an employee the opportunity to rebut
. negative allegation's and recommendations of his/her supervisors.
Employee should also be advised that a voluntary . resignation.might
preclude him/her from receiving unemployment compensation he/she
may otherwise be entitled to.
(2) Should an employee involved in allegations submit lis or her
resignation from the Bureau's service, such resignation should be
received and forwarded to FBIHQ.
**EffDte: 12/01/1994 IVICRTit: 353 Div: OP Cav: SecCls:
13-13 SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI
EMPLOYEES (FORMERLY 13-12) (See MAOP, Part 1, 1-30.3 and 21-7 (4).)
,(1) This schedule is-to be used only as a guide in determining -
appropriate discipline based on the violation of regulations by Bureau •
employees, This schedule is not all inclusive, and final determination
of the appr'opriate disciplinary action warranted in each case will be
made by FBIHQ, except for those Tatters delegated to SACs and .
Assistant Directors (see 13-2(4) of this section. for details): It should
be noted that the decision-making process utilized in determining
appropriate action in disciplinary matters is extensive in nature and .
involves input from every level -of management in MHO. In addition, ---
consideration is given to Bureau 'policy and similar incidents previdusly,
resolved, as well as any aggravating or mitigating circumstances of the
case in point. In some instances, discussions are held with the
Department of Justice and the Office of Personnel Management before ,
a final determination is made. In most instances, penalties for violations
'of regulations will fall within . the range of penalties set forth in this
schedule. In aggravated case, a penalty outside the range of penalties
may be imposed. For example, supervisors and Bureau officials,
because of their responsibility to demonstrate exemplary behavior, -
may be subject to a greater penalty than is provided in the range of
penalties. The purpose of this schedule is not to remove the personnel
management decisions made inall disciplinary matters but rather.to
provide an example and guide which is used at FBIHQ and in the field
in connection with decisions made in regard to diSciplinary matters.
(2) In regard to suspensions, it is noted that the Civil Service ,
Reform Act (CSRA) of 1978 provides that days-of suspension will be
computed in terms of calendar days,- not days worked. Therefore,
recommendations for a period of suspension-will only be made in terms
of calendar days. A period of suspension will always commence at the
close of business, Friday of any given week. For example,
redommaidatiorrof seven (7) days' suspension, if approved, will result
in a forfeiture of five days' Pay whereas a recommendation of fourteen
(14) days' suspension will result in a forfeiture of ten days' pay. A
period of suspension in excess of 14 calendar days is an adverse
action as defined in the CSRA of 1978 (see 13-10 of this section for
details).
(3) IA non-SES employee desiring to appeal any suspension
Ifrom duty withotit pay and/or an adverse disciplinary sanction will be
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required to file an appeal stating the grounds relied upon in writing.
Only employees who have completed the one-year (two years for Special
Agents and forensic examiners) probationary period required by the FBI
will be entitled to an appeal. This appeal must be filed within 30
days following notification of the disciplinary action to the
employee. The Deputy Assistant Director (DAD), Inspection Division
(INSD), will serve as the primary official responsible for the
appellate review of disciplinary matters which haVe involved a
non-SES employee's suspension from duty without pay, for a period
of 14 days or less (called a nonadverse action), unless
that disciplinary sanction was issued by the AD, OPR. Whenever the
AD, OPR, serves as the .deciding official in the suspension of a non-
SES employee in a nonadverse action, the AD, INSD, will•serve as the
deciding.appellate official. The decision of the AD or. DAD, INSD, in
such matters will constitute the final authority within the FBI for
appellate review.
When a matter under appeal involves a suspension of more than 14 days,
demotion or dismissal of a non-SES employee (called an adverse
action), the AD, INSD, will establish a Disciplinary Review Board
(DRB) to review the action taken by OPR.I
When disciplinary action is taken against SES members
or ASACs, the Deputy Director is the action authority. The Director is
the final appeal authority for disciplinary actions taken by the Deputy
!Director. Thereafter, nonpreference eligible FBI employees in the
excepted service do NOT have a right to appeal a disciplinary action
to the.Merit Systems Protection Board (MSPB). - A "preference eligible"
employee who has completed one year of current continuous service
in the same or similar positions in an agency, in addition to being '
ableto *eal a didaipliiiary action as indicated above:may also ' '
appeal an "adverse action" (e.g., removal, suspension'for more than
. 14 days, reduction in grade or pay) to the MSPB. As a general matter,.
appeals to the MSPB by preference eligible, employees are to be filed
within 30 days after the effective date of the adverse action: ,
(See MAOP, Part 1,0-2,113-10, 14-4.• and 14-4.2.) .
(4) 'COMPOSITION. OF A DISCIPLINARY REVIEW BOARD
(a) A DRB will be composed of three voting members,
each of whom is a member of the FBI's Senior Executive Service (SES) •
After designation as members of a DRB, employes wil be instructed to
refrain from acquainting themselves with any facts or circumstances
involving the subject of the appeal, except to review the record of
the case.
(b) The DRB will be chaired by the AD, INSD,
whenever the disciplinary sanction was imposed by the AD, OPR. In
instances in which the ditciplinary action under appeal is decided by
the DAD, OPR, at the discretion of the AD, INSD, the Board may be
chaired by the DAD, INSD.
(c) A non-SES employee who appeals a—su'sp'ension of
more than 14 days, demotion or dismissal will be permitted to
select one .member of the DRB from a list of all FBI SES participants
except those serving at SES level 6, and those who, due to the nature •
or geographical location of their assignments, have been determined.to
pose conflicts with the objective and expeditious character of DRB •
proceedings. This list will - be forwarded by the INSD to the
employee's division head, and made available for the employee's
review, upon request, by the division head or his/her designee (e.g.,
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the Chief Division Counsel), who will then report the employee's
selection to.the INSD. The third member of the DRB will be selected
'randomly from the same list. After serving on the DRB, this third '
member Will be removed from the pool of.SES participants eligible for
random selection (but not employee selection) for DRBs for the
remainderof the fiscal year.
(d) An SES member who serves (or-last served, in the
case of a dismissal) as an employee's rating or reviewing official •
will not be permitted to serve as a member of a DRB which decides that
.individual's appeal of an adverse disciplinary sanction.
(e) If, after selection, a member of a DRB feels
constrained to disqualify himself/herself, a replacement Will be
chosen in the same manner the disqualified member was selected.'
(5.) IINSD AND DRB AUTHORITY AND PROCEDURES
(a)•INSD, in an appeal from a suspension of 14
days or less, and a DRB, in an appeal of a suspension of more than 14 ,
days, demotion or dismissal, will review the issues' presented in
writing by the employee. The review will be of the employee's written
appeal, any response submitted by OPR, and any documentary record. If
the record of a disciplinary action taken under the auspices'of OPR is
insufficient to decide the merits of an appeal, INSD or the DRB may
remand the case to OPR and direct such additional investigation and
findings as may be necessary. Nothing shall preclude INSD or a DRB
from requiring an oral presentation if considered helpful to a
resolution of the appeal. ,
(b) An 'appeal of a Suspension of 1 ,, daYsdr "—
less will be decided by the designated INSD official. The decision of
a .DRB in an appeal of a suspension of more than 14 days, demotion or
dismissal will be by majority vote.
,
- • (c) In exercising appellate authority, INSD and a - •
DRB may independently redetermine the factual findingt and/or the
penalty imposed. However, in the event that a different disciplinary
sanction is determined to be appropriate, that sanction must be
consistent with applicable diSciplinary precedent..
(d) After reaching a decision in the review of an
• appeal, INSD or a DRB will document its findings in writing and
•provide the employee a written decision.
(e) If INSD or a DRB finds that an employee has not
received the procedural protections in the disciplinary process to
which he/she is entitled, it may retain the matter for decision, e.g.,
when the matter involves harmless error, may referthe•matter back to
OPR for corrective action; or may reverse or modify the actior•of the.
decidingofficial.
-.(f) The decision of INSD or of a DRB concerning the
merits of an appeal involving a non-SES employee - will constitute the
final decision of the FBI concerning the appropriateness of the
disciplinary sanction in the matter under . apPeal.
(g) Decisions by the INSD or a DRB in the appeal of
disciplinary sanctions will be implemented no later than 60
calendar days after the appellate decision is rendered in writing.
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These procedures will not apply to matters involving an appeal of an
adverse disciplinary action resulting from an employee's loss of a
security clearance..
The expansion of procedural entitlements in the appeal of disciplinary'
actions will not include the right of appeal to the MSPB. The
statutory-right to appeal an adverse disciplinary action to the MSPB
is preserved for preference eligible employees. Existing policies
governing indefinite suspensions, administrative leave actions,
fitness for duty determinations and nonadverse actions will not be
affected by this expansion of appellate procedures]
1(6)1 The following definitions are furnished for information. This
schedule does not include discipline required by law or infractions
which, in addition to being a violation of Bureau rules and regulations,
are also a criminal offense.
(a) Oral reprimand—Employees are advised of deficiency or
infraction of regulations and notation made in personnel file relating
to the need for the official reprimand.
(b) Commented upon in annual performance rating—In this
instance, the infraction Warranted more than an oral reprimand but
is not considered severe enough for official recognition in the form
of a letter, of censure. This refers to work-related matters only.
(c) Censure—Official written reprimand.
(d). Censure and probation—Official written reprimand which
includes a_ minimu_m p robationary period of 90 day. s for S.p .e cial „ .
Agents and 60•clays for other employees. •
(e) Censure, probation and suspension—Official written
reprimand which, in addition to a probationary period, includes a
period of time in which the employee is removed from duty without pay.
(f) Demotion—Any reduction in grade -or pay.
(g) Removal—Dropped from the rolls of the FBI.
IVA The standards by which all employees are held are set forth in
greater detail in this manual. For further reference, these standards-of
conduct can be found in the Department of Justice Order 350-65
captioned "Standards of Conduct," Executive Order 12764, and the
ETHICS HANDBOOK which is distributed to all personnel.
1 1(8)1 An employee may be-censured when the .cause for administrative
action is sufficiently aggravated as to require a.written reprimand. At the
time FBIHQ makes a promotional decision, all relevant information including
the cause for a disciplinary matter,-including probation, is considered:
FBIHQ expects the employee's superior to provide a strong favorable
recommendation when the employee has been the subject of disciplinary
action within the preceding 12 months. Lack subh'a recommendation,
FBIHQ may determine that a promotion from one GS or Wage level to
another should be delayed for a period of up to 60 days for.support
employees or up to 90 days for Agents. (See MAOP, Part 1, 3-1.2.2(3) & Oa.)
SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI EMPLOYEES
1. Unexcused or Unauthorized absence of 8 hours or less
- •
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(
Applies to: All .Personnel
First Offense - Oral Reprimand to 3-day suspension
Second Offense - Oral Reprimand to 5-day suspension
Third Offense - Oral Reprim'and to removal
2. Excessive unauthorized absence (in excess of 8 hours)
Applies to: All Personnel
First Offense - Oral Reprimand. to 5-day suspension
Second Offense - Oral Reprimand to 15-day suspension
Third Offense - Oral Reprimand to removal
3. Work deficiencies'anci/or inattention to duty (See MAOP, Part 1, 8-1.11.)
. . Aplies to: Agent Personel
- First Offense - Oral reprimand to removal
Second Offense - 5-day suspension to removal
Third Offense -.15-day suspension to removal
Applies to: Non-Agent Personnel (Excluding Fingerprint Examiners,
Information Services Section, Criminal Justice Information Services
Division, forwhom standards of production and accuracy, as well
.as minimum penalties, have been established.)
First Offense - Oral reprimand to removal
Second Offense - 3-day suspension to removal
Third Offense - 5-day suspension to removal
4. Insubordination (See MAOP, Part 1, 8-1.11.)
Aplies:; Al Personel.
First Offense - Censure to.removal
Second Offense - 5-day suspension to removal
Third Offense - 15-day suspension to removal
5. Unauthorized possession of, use of, or loss or damage to government
property other than motor vehicle or aircraft
Applies to: All Personnel
First Offense - No action to removal
Second Offense - Oral reprimand to removal
. Third Offense - Censure to removal
6. ***Unadthorized possession of, use of, loss of or damage to
government-owned or -leased motor vehicle or aircraft
Applies to: All personnel
First Offense - Oral reprimand to removal
Second Offense - 3-day suspension to removal
Third Offense - 5-day suspension to removal
***Title-31, U.S. Code, Section 1349(b), provides a minimum of 30 days'
suspension for employee who willfully uses or authorizes the use of any
government-owned or -leased motor vehicle or aircraft for other than official
purposes. (See MAOP, Part 1, 1-3.1.)
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.7. Traffic violations
Applies to: All personnel
a. Aggravated (all types)
First Offense - Oral reprimand to removal
Second Offense - Oral reprimand to removal
Third Offense r.Oral reprimand to removal `
b. Driving Under the Influence or While Intoxicated .(See MAOP,
Part 1, 1-30.3 and 8-1.12.2.)
First Offense - 30-day suspension to removal
Second Offense .- Removal
8. Illegal use of controlled substance (drugs and marijuana
Applies to: All personnel
First Offense - Censure to Removal
Second Offense - Removal
9. Criminal, dishonest, immoral, infamous or notoriously disgraceful conduct
Applies to: All personnel
' First Offense = Oral reprimand to removal
Second Offense - 5-day suOensiOn to removal
- Third Offense -.30-day suspension to removal
10. Failure to honor confirmed financial obligations
Applies to:. All personnel
First Offense - Oral reprimand "
Second Offense - Oral reprimand
Third OffenSe- Oral reprimand to removal
11. Unauthorized disclosure of information from Bureau records
Applies to: All personnel
• First Offense - Oral reprimand to removal
Second Offense - Removal
12. Falsification of official documents and/or records .
Aplies to: Al personel
First Offense - Oral reprimand to removal
Second Offense- RernaVal
13. Availability
Applies to: All personnel
First Offense - Oral reprimand to removal
Second Offense - Oral reprimand to removal
Third Offense - Oral reprimand to removal •
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14. Fitness for duty (overweight)
Applies to: 'Agent Personnel
First Offense - Oral reprimand
Second Offense - Oral reprimand to 5-day suspension
Third Offene - Oral reprimand to 15-day suspension
15. Smoking regulations (See MAOP, Part 2, 2-1.6.)
Applies to: All personnel
First Offense - Oral reprimand to censure
Second Offense - Oral reprimand to 5-day suspension
• Third Offense Oral reprimand to 14-day'suspension
16. Security violations for:
Applies to: All persOnnel
a. Loss of classified/sensitive information
First Offense - Censure to removal.
Second, Offense - Suspension to removal
Third Offense - Suspension to removal
b. Mishandling classified/sensitive information by: improper
removal, storage (to include unlocked/unsecure safes, vaults, or
cabinets), disposal, transporting, reproduction, transmittal, or access.
Applies to: All personnel
First Offense - Oral reprimand to removal.
Second Offense - Censure to removal
Third Offense - Suspension to removal
c. Computers
Applies to: All personnel
Medium Risk
1. Failure to properly label ADP storage media
2. Unauthorized Software
3, Unlicensed Software
4. Nonofficial use of FBI computers
5. Introduction of malicious code
FirSt Offense - Oral reprimand to removal
Second Offense - Censure to removal
Third Offense - Suspension to removal
High Risk
1. Misuse of accessor IDs and passwords
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. 2. Improper maintenance
3. Improper equipment and media disposal
4. Failure to maintain proper control of FBI microcomputers
and ADP storage media
5. Unauthorized telecommunications
6.Unauthorized access to FBI computers or networks or
exceeding authorized codes
First Offense - Censure to removal
Second Offense - Suspension to removal
Third Offense - Suspension to removal
d. Routing of "Top Secret" or SC1 information by telelift system,
mail-mobile, pneumatic tube, U.S. Postal Service, or other commercial
mail service
Applies to: All persOnnel
First Offense -,Oral reprimand to removal
Second Offense - Oral reprimand to removal
Third Offense - Censure to removal
**EffDte: 07/29/1999 MCRT#: 916 Div: OPDOSY Cav: SecCls:
11 3-13.1.1Moyed to 13-14.11 ._
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
• .113-13.2 !Moved to 13-14.21
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: , SecCls:
113-13.3 'Moved to 13-14.31
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
113-13.4 'Moved to 13-14.41 .
**EffDte: 12/01/1994 MCRT#: 353 DM OP Cav: SecCls:
113-13.5 'Moved to 13-14.51
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cgv: SecCls:
113-14 DISCIPLINARY PROBATION (FORMERLY 13-13) (See MAOP, Part 1, 140.3,18-1.12.2.)j
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.'.MAOP PART 1 SECTION 13
Disciplinary probation is a corrective and/or punitive procedure
(which may be imposed with censure and/or suspension when so
dictated by the factual situation) to closely monitor an employee's
performance with intent to provide counsel and correction during a
specified period of time. During the disciplinary probation period, a
denial of certain employee benefits may be imposed.
Page 22.of 23
**EffDte: 04/02/1996 MCRT#: 525 Div: OP Cav:'SecCls:
1113-14.11 Purpose of Disciplinary Probationi(Formerly 13-13.1)j
To provide the employee with notice that the particular area of
inefficiency, delinquency, or poor judgment, etc., will be.afforded
close scrutiny for a specified period of time: During the period of
disciplinary probation, the employee is expected to make a
concerted effort to improve in the deficient area.
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
1113 -14.21 Length of Disciplinary Probationj(Formerly 13-13.2.)1
The length of the disciplinary probation period is flexible and will
be determined by the Director or Director's delegated representative.
In most cases the original disciplinary probation period will be 90 days
for Special Agents and 60 days for support employees.'
**EffDte: 12/01/1994 MCRT#: 353 D1V: OP CaV:,..SecCis:,,.... •
11113-14.31 Effects of Disciplinary Probation on Employee 1(Formerly 13-13.3)1
During the period of disciplinary probation an employee:
(1) Will not be promoted from one GS or Wage Board, level to another;
• (2) Will not be considered for advancement within the Executive.
Development and Selection Program of the Bureau; ' .
(3) Will not be considered for a Personnel ReSource List Transfer;
(4) May have a promotion delayed for a period of time not to exceed the
period of disciplinary probation if the action occurred during the preceding 12
• months and has not been offset by a strong favorable recommendation for
promotion from the employee's superior. The final determination will be made
by the Personnel Officer at FBIHQ. •
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls:
11113-14.41 Application of Disciplinary Probation Oormerly 13-13.441
An employee will be placed on disciplinary probation only when the cause for
administrative action is work performance related or work-related.
(1) Work performance 'considers the technical competence aspect of an
employee.
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. MAO? PART 1 SECTION 13
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Page 23 of 23
(2) Work-related action involves judgment, common sense, and the impact
the cause has on the public's perception of the FBI. •
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav:' SecCls:
11113-14.51 Removal from Disciplinary Probation RFOrmerty 13-1315)1
(1)At the expiration of a disciplinary probation period, the Administrative
Summary. Unit, Personnel Division, will activate-a computer entry into the
Bureau's Personnel Management System to remove the employee from probation.
No paperwork will be involved on the part of the SAC/AD or FBIHQ for this process
to occur. However, should the SAC/AD choose to,recommencl that an employee
remain in a probationary status due to continued deficiency in. the area for which
the employee was disciplined:the Administrative Summary Unit should be, •
telephonically advised just prior to the end of the period, followed by an appropriate
'communication detailing the basis for same. It is important that a tickler be set in
the respective divisions so this matter can be followed closely. .
(2)As,a guideline in recommending that an employee in a probationary status
- be continued in this status, the employee must continue to be deficientin the area
for which they had been initially disciplined. if the employee is deficient in another
area, this would not be sufficient justification to continue the initial probationary
status. If additional problems are identified, the SAC/AD should seriously
consider recommending an additional disciplinary action to address the other -
defidient areas, whether it be performance or conduct related.
**EffDte: 12/01/1994 MCRT#: 353 Div: OP Cav: SecCls: •
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