PERMISS

Notice of Decision to Involuntarily Reduce in Grade and/or Pay

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 make a final decision on the matter by
issuing a notice of decision.


This sample letter is a decision by a SECOND LEVEL SUPERVISOR to involuntarily reduce an employee in grade and/or pay for misconduct.
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, and a copy is provided to the CPAC for
maintenance in the case folder and employee's Official Personnel Folder.



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

SUBJECT: Notice of Decision to Involuntarily Reduce in **select Grade
and/or Pay**

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

1. Reference is made to the Notice of Proposed Involuntary Reduction in Grade and/or Pay,
dated **------**, proposing your reduction in **select grade and/or pay** for
**verbatim from proposal**. The Notice of Proposed Reduction in Grade and/or
Pay 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 aggravating Douglas factors)
in making my decision regarding this proposed reduction in Grade and/or pay. I
also considered mitigating factors such as (list mitigating Douglas factors), 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 Reduction in
Grade and/or Pay.

**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 Involuntary Reduction in Grade and/or Pay fully and impartially. I find that
the incident(s) described in paragraph 1 of the Notice of Proposed Reduction
in Grade and/or Pay are fully supported by a preponderance of the evidence,
are sustained, and warrant your reduction in **select grade and/or pay**.

b)You did not reply. In the absence of any reply, I have carefully considered
the reasons and specifications contained in the Notice of Proposed Reduction
in Grade and/or Pay fully and impartially. I find that the incidents
described in paragraph 1 of the Notice of Proposed Reduction in Grade and/or
Pay are fully supported by a preponderance of the evidence, are sustained,
and warrant your reduction in **select grade and/or pay**.

4. It is my decision that you be involuntarily reduced in **select grade and/or pay**
effective **contact the CPAC for effective date** for **verbatim from
proposal**. A Standard Form 50, Notification of Personnel Action, effecting
this action is ** either at Attachment 1 or will be forthcoming under separate correspondence.**

5. You have a right to appeal this action to the Merit Systems Protection
Board (MSPB), **include MSPB mailing address**. **Addressees of the
appropriate Regional Offices are at 5 CFR Part 1201, Appendix II**. 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. **a copy of the form is at 5CFR Part 1201, Appendix I, or can
be downloaded from MSPB's homepage at www.mspb.gov.** If you elect to appeal,
you may be represented by a representative of your choice in filing an appeal.
You must file your appeal with the MSPB during the period beginning with the
day after the effective date of the removal until, not later than, 30 days
after the effective date. This 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 time limit and prior to your formal filing of a timely appeal, you
and this activity have mutually agreed, in writing, to attempt to resolve
this matter through an alternative dispute resolution process.

6. 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 ** Name of Union** Union-Management
Agreement. If you submit a grievance under the negotiated grievance procedure,
must do so in writing beginning with the day after the effective date of
this reduction in **select grade and/or pay** 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 reduction in **select grade and/or
pay** to the MSPB you may not submit a grievance on the same matter; if you
decide to submit a grievance regarding your reduction in **select grade
and/or pay** 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,
Civilian Personnel Advisory Center, Building **------**, Room **------**,
telephone number **---------**.

3 Atch **Supervisor's Signature**
**Signature Block**
1. SF-50 **if completed**
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