PERMISS

Notice of Decision to Suspend

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


This sample letter is a decision to suspend by a SECOND LEVEL SUPERVISOR. 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 the employee 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, and a copy is provided to the CPAC for maintenance in the case folder and employee's Official Personnel Folder.


NOTE 5: A suspension is also documented by Standard Form 50 and is filed as a permanent document on the right side of the Official Personnel Folder (OPF).

FROM: **Supervisor**
**Office Symbol**

SUBJECT: Notice of Decision to Suspend

TO: **Employee**
**Office Symbol**

1. Reference is made to the Notice of Proposed Suspension, dated **------**,
proposing your suspension for **same number of days as proposal** calendar days. The Notice of Proposed Suspension was dated **------** and delivered to you on **------**.

2. In deciding this action, I have taken into account not only the charges above, but I have considered aggravating factors such as (list Douglas factors that aggravate penalty) in making my decision regarding this suspension. I also
considered mitigating factors such as (list Douglas factors that mitigate penalty), but find they do not warrant a lesser penalty.

3. You were afforded **response period allowed** calendar days in which to
reply orally, in writing, or both to the Notice of Proposed Suspension.

**Select the option and paragraph (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 and specifications contained in the Notice of
Proposed Suspension fully and impartially. I find that the incident(s)
described in paragraph **__**
of the Notice of Proposed Suspension are fully
supported by a preponderance of the evidence, are sustained, and warrant your
suspension. Your **identify the misconduct or delinquency** interferes with
mission accomplishment and your suspension, therefore, will promote the
efficiency of the service. Further incidents of this nature could result in
a more severe disciplinary action including removal.

b) You did not reply. In the absence of your reply, I have carefully considered
the reasons and specifications contained in the Notice of Proposed Suspension
fully and impartially. I find that the incidents described in paragraph **__** of the Notice of Proposed Suspension are fully supported by a preponderance of
the evidence, are sustained, and warrant your suspension. Your **identify
misconduct or delinquency** interferes with mission accomplishment and your
suspension, therefore, will promote the efficiency of the service. Further
incidents of this nature could result in a more severe disciplinary action
including removal.

4. It is my decision that you be suspended for **number of days decided upon** calendar days effective **contact the CPAC for effective dates** for **verbatim from proposal**. A Standard Form 50, Notification of Personnel Action, effecting your suspension is either at Attachment 1 or forthcoming**. You are to return to duty on **day following termination of suspension**. This suspension will become a permanent part of your Official Personnel Folder.

5. **Select the paragraph which applies**

(for bargaining unit employees whose contract does not exlude this type of
action from coverage under the negotiated grievance procedure.)

If you wish, you have the right to have this action reviewed under the negotiated grievance procedure. You may submit a written grievance under the
negotiated**name of union* Union-Management Agreement. Should you submit a grievance under the negotiated grievance procedures, you must do so in writing beginning with the day you receive this letter but no later than **contact the CPAC for timeframe or review the particular negotiated agreement article entitled Negotiated Grievance Procedures** calendar days after your receipt. 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.

(for all others not covered by a negotiated agreement or bargaining unit employees whose contract excludes this type of action from coverage under the negotiated grievance procedure.)

If you wish, you have the right to have this action reviewed under DOD Administrative Grievance System, DOD 1400.25-M, Subchapter 711. Should you submit a grievance under this regulation, you must do so in writing beginning with the day you receive this letter but no later than 15 calendar days after the effective date of the final written decision. You may represent yourself or elect to have someone represent you. If you elect a representative, you must designate this person in writing at the time you present your grievance. Your grievance should be presented to the Commander, **office symbol**, ATTN: Civilian Personnel Advisory Center, **office symbol**.

6. If you wish to read regulations pertinent to this decision or obtain further information about your procedural rights, you may contact **CPAC POC**, Building **------**, Room **------**, telephone number **---------**.

**Supervisor's Signature** Atch
**Signature Block** SF-50 **if complete**

Please acknowledge receipt of this notice in the space provided below. Acknowledgement in no way constitutes concurrence or non-concurrence with the contents.

Employee's Initials and Date of Receipt ________________

Copy furnished to the CPAC

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