PERMISS

Notice of Decision to Remove

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 remove an
employee 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 Remove

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

1. Reference is made to the Notice of Proposed Removal, dated **------**,
proposing your removal for **verbatim from proposal**. The Notice of Proposed
Removal 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 removal. I also considered
mitigating factors such as (list mitigating Douglas factors) but find
they do not warrant proposing 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 Removal.

**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
Removal fully and impartially. I find that the incident(s) described in paragraph 1
of the Notice of Proposed Removal are fully supported by a preponderance of the
evidence, are sustained, and warrant your removal. Your **identify the misconduct
or delinquency** interferes with mission accomplishment and your removal, therefore,
will promote the efficiency of the service.

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 Removal fully
and impartially. I find that the incidents described in paragraph 1 of the
Notice of Proposed Removal are fully supported by a preponderance of
the evidence, are sustained, and warrant your removal. Your **identify misconduct
or delinquency** interferes with mission accomplishment and your removal, therefore,
will promote the efficiency of the service.

4. It is my decision that you be removed effective **contact the CPAC for
effective date** for **verbatim from proposal**. A Standard Form 50,
Notification of Personnel Action, effecting your removal is ** either at Attachment 1
or forthcoming under separate correspondence**.

5. You have a right to appeal this action to the Merit Systems Protection
Board (MSPB), **include MSPB mailing address of Regional Office**. **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 off of MSPB's homepage at www.mspb.gov**.) You may be represented by
a representative of your choice in filing an appeal. If you elect to 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 30-day period for filing an appeal will be extended
an additional 30 days (for a total of 60 days) if, prior to your filing a formal
appeal, you and this activity agree, in writing, to attempt to resolve this matter
through an alternative dispute resolution process.

(for bargaining unit employees covered under a negotiated grievance procedure)
6. If you decide not to appeal this removal, as an alternative 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 file a grievance, it must be in writing
and must be submitted within **--** days (**contact the CPAC for timeframe
or review the particular negotiated agreement article entitled Negotiated
Grievance Procedures**) of the effective date of the removal. 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.

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

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

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

References


Return to: PERMISS Homepage | Management-Employee Relations Program


This page was last revised: 6/20/2006