PERMISS

Notice of Decision to Suspend (More than 14 days)

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 to suspend by a SECOND LEVEL SUPERVISOR. Minor editorial changes may be required if other than the immediate supervisor proposed 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 in 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 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 1 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 at Attachment 1. 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. You have the right to appeal this action to the Merit
Systems Protection
Board (MSPB), **include MSPB mailing address**. For your
convenience, a
copy of MSPB appeal procedures is at Attachment 2. Also, a
copy of the
MSPB appeal form which you may use to file your appeal is at
Attachment 3. You may be represented by a representative of your choice
in filing an appeal. If you elect to appeal, you must file your appeal during the period beginning with the day after effective date
of the suspension action until, not later than, 30 days after the effective
date. This 30-day period will be extended an additional 30 days (for a total
of 60 days) if you and this activity mutually agree, in writing, to attempt
to resolve this matter through an alternative dispute resolution process.
The written agreement must be executed prior to the end of the initial 30-day
period and prior to your filing a formal appeal.


6. (for bargaining unit employees covered by a 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 negotiated Union-Management Agreement
with **Name of Union**. If you submit a grievance under the negotiated
grievance procedure (NGP), you must do so in writing in accordance with the
time limits and provisions of the NGP **contact the CPAC for
timeframe or review
the particular negotiated agreement article entitled
Negotiated Grievance
Procedures**. 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 suspension to the MSPB you may not
submit a grievance on the same matter; if you decide to submit a grievance
regarding your suspension 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 POC,
Building **------**, Room **------**, telephone number **---------**.

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

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

Employee's Initials and Date of Receipt ________________


copy furnished to 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