3 FAM 4550
PERFORMANCE-BASED REDUCTION IN GRADE AND REMOVAL
(CT:PER-642;
06-22-2011)
(Office of Origin: HR/ER/CSD)
3 FAM 4551 LEGAL AND REGULATORY
AUTHORITY
(CT:PER-642; 06-22-2011)
(State Only)
(Applies to Civil Service Employees)
The following authorities are cited:
(1) 5 U.S.C. 43;
(2) 5 U.S.C. 7501; and
(3) 5 CFR 432.
3 FAM 4552 ACTIONS NOT COVERED
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4550 does
not apply to actions cited in 5 CFR 432.102(b).
3 FAM 4553 EMPLOYEE COVERAGE
3 FAM 4553.1 Employees Covered
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4550
applies to employees cited in 5 CFR 432.102(e).
3 FAM 4553.2 Employees Not Covered
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4550 does
not apply to employees cited in 5 CFR 432.102(f).
3 FAM 4554 AUTHORITY TO PROPOSE AND
DECIDE ACTIONS
3 FAM 4554.1 General Authority
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
|
Action
|
Official
|
|
Propose
a reduction in grade or removal under 3 FAM 4550
|
Director,
Office of Employee Relations (HR/ER)
|
|
Decide
a reduction in grade or removal under 3 FAM 4550
|
Deputy
Assistant Secretary for Human Resources
|
3 FAM 4554.2 Delegation of
Authority
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
Upon request from the executive director or equivalent
officer of a bureau, the Director General of the Foreign Service and Director
of Human Resources may delegate the authority to propose and decide reduction
in grade or removal based solely on unacceptable performance. The authority to
propose performance-based action for employees is delegated to an appropriate
official, and the authority to decide adverse actions may be delegated to a
higher level official, but no lower grade than an executive director. The proposing
and deciding official may not be the same person.
3 FAM 4554.3 Advisory Capacity
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
When the authority to propose and decide the actions covered
by 3 FAM 4550
has been delegated by the Director General of the Foreign Service and Director
of Human Resources to the bureau level, HR/ER, in consultation with the Office
of the Assistant Legal Adviser for Employment Law (L/EMP) will assist and advise
the bureaus and offices on adverse action procedures to insure consistency in
application and the meeting of regulatory and legal requirements. The
concurrence of HR/ER is required on all proposal and decision letters issued to
employees under this subchapter.
3 FAM 4555 PROCEDURES
(CT:PER-642; 06-22-2011)
(State Only)
(Applies to Civil Service Employees)
a. An employee against whom a performance based
reduction in grade or removal action is proposed under 3 FAM 4550 is
entitled to the procedures set forth in 5 U.S.C. 4303
and 5 CFR 432.104 - 107.
b. An employees attorney or other representative must
be designated in writing to the deciding official.
c. The Department will allow an employee a reasonable
time, normally 10 days, to answer a notice of proposed reduction in grade or
removal under 3
FAM 4550.
d. The deciding official must
give the employee a reasonable opportunity to make any presentations, which are
relevant to the final decision on the case. However, this does not include the
right to discovery or a formal hearing with examination of witnesses.
e. A decision to reduce in grade or remove an employee
for unacceptable performance may be based only on those instances of
unacceptable performance that occurred during the 1-year period ending on the date of issuance of
the advance notice of proposed action under 5 CFR 432.105(a)(4)(i).
f. The deciding official must specify the instances of unacceptable
performance by the employee on which the action is based and must inform the
employee of any applicable appeal or grievance rights.
g. The notice of decision must be delivered to the employee at or before
the time the action will be effective.
3 FAM 4556 THROUGH 4559 UNASSIGNED