PERMISS

Notice of Decision to CLG

NOTE 1: Normally the first level supervisor will sign and issue the proposal and the second level supervisor will be responsible for receiving and considering the employee's answer and making a final decision on the matter by issuing a notice of decision.


This sample letter is a decision by a SECOND LEVEL SUPERVISOR to Change an Employee to Lower Grade (CLG) for unacceptable performance. Minor editorial changes may be required if other than the immediate supervisor is proposing this action.


NOTE 2: The CPAC is the primary local source of authoritative information and interpretation of policy and procedures concerning civilian discipline and adverse actions, and shares in management's responsibility to ensure that actions have merit and comply with governing requirements. Accordingly, written notices of proposed disciplinary and adverse actions must be coordinated with the CPAC before delivery to employees.


NOTE 3: Notices of final decisions for adverse actions are coordinated with the Office of the Judge Advocate General (JAG) by the CPAC before delivery to employees by the supervisor. The JAG reviews for legal sufficiency, including whether there appears to be sufficient evidence to support the action.


NOTE 4:
Ensure the employee initials and dates receipt of this notice and the original copy is provided to the employee, a copy is retained by the supervisor. A copy must provided to the CPAC for maintenance in the case folder and to the CPOC for the employee's Official Personnel Folder.




FROM: **Supervisor**
**Office Symbol**
SUBJECT: Notice of Decision to Demote
TO: **Employee**
**Office Symbol**

1. Reference is made to the Notice of Proposed Change to
Lower Grade (CLG) dated **------**, proposing your CLG to
the position of **-------------------------** for **must
specify the unacceptable performance on which the demotion
is based**. The Notice of Proposed CLG was delivered to you
on **------**.

2. You were afforded **----** calendar days in which to reply orally,
in writing, or both to the Notice of Proposed CLG.
**Select the option and paragraph (either a or b) which
applies**

a. I received your oral reply on **------**; your written
reply on **------**; your oral and written replies on
**------**. I have carefully considered your reply and the
reasons contained in the Notice of Proposed CLG fully and
impartially. I find that the performance problem(s)
described in paragraph **__** of the Notice of Proposed CLG
are fully supported by substantial evidence, are
sustained, and warrant your CLG.

b. You did not reply. In the absence of any reply, I have
carefully considered the reasons contained in the Notice of
Proposed CLG fully and impartially. I find that the
performance problem(s) described in paragraph **__** of the
Notice of Proposed CLG are fully supported by substantial
evidence, are sustained, and warrant your CLG.

3. It is my decision that this CLG is effective **contact
the CPAC for effective date** for **same as paragraph 1**.
A Standard Form 50, Notification of Personnel Action,
effecting this action is **either attached or forthcoming
under separate correspondence.**

4. You have the right to appeal this action to the Merit
Systems Protection Board (MSPB), **include MSPB mailing
address of the Regional Office servicing your area**.
**Addresses of the appropriate offices are at 5 CFR Part
1201, Appendix II** For your convenience, a copy of the
MSPB appeal procedures is at Attachment 1. Also, a copy of
the MSPB appeal form which you may use to file your appeal
is at Attachment 2 **a copy of the form is at 5CFR Part
1201, Appendix I or can be downloaded off MSPB's homepage
www.mspb.gov**. If you elect to appeal, you must file your
appeal with the MSPB during a 30-day period beginning with the
day after the effective date of the CLG. The 30-day time limit
for filing an appeal will be extended an additional 30 days (for a
total of 60 days) if, prior to the end of the initial 30-day period
and prior to your filing a timely appeal, you and this activity
have mutually agreed, in writing, to attempt to resolve this matter
through an alternative dispute resolution process. You may be
represented by a representative of your choice in filing an appeal.

5. (Additional paragraph for employees whose contracts do
not exclude this type of action from coverage under the
Negotiated grievance procedure) If you do not wish to appeal
this action to the MSPB, you have the right to have this
action reviewed under the negotiated grievance procedure.
You may submit a written grievance under the **name of
union** Union-Management Agreement. If you submit a
grievance under the negotiated grievance procedure, you
must do so in writing beginning with the day after the
effective date of this demotion but no later than **contact
the CPAC for timeframe or review the particular negotiated
agreement article entitled Negotiated Grievance
Procedures** calendar days after the effective date.
Your grievance should be presented to **identify the
appropriate management official and his/her office
symbol**. You have the right to Union representation at any
stage of a grievance related to this action.

6. Once you present an appeal of your demotion to the MSPB
you may not submit a grievance on the same matter; if you
decide to submit a grievance regarding your demotion you
may not submit an appeal to the MSPB.

7. If you wish to read regulations pertinent to this
decision or obtain further information about your
procedural rights, you may contact **CPAC

3 Atch **Supervisor's Signature**
**Signature Block**
1. SF-50 **if completed**
2. MSPB Appeal Procedures
3. MSPB Appeal Form


I have reviewed the materials pertinent to this case and
fully concur with the final decision to demote made by the
supervisor.

**Management Official Signature** **Date**
**Signature Block**

Employee's Initials and Date of Receipt ________________



Note: All adverse proposal or decision notices
must be reviewed by the CPAC prior to
issuance.


Content last reviewed: 6/20/2006-FMJ

Related Topics

References


Return to: PERMISS Homepage | Management-Employee Relations Program


This page was last revised: 6/20/2006